Which court should I file a claim with under a construction contract?

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roseline371274
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Joined: Mon Dec 23, 2024 3:22 am

Which court should I file a claim with under a construction contract?

Post by roseline371274 »

Therefore, it is better to send it by Ukrposhta, necessarily by letter with a description of the attachment (later it will be possible to establish whether it was received or not, or whether it was refused to receive, etc.)

QUESTION - 33: Does failure to receive or sign the act of acceptance of work by the customer indicate that the customer will not pay for the work performed under the contract?

Not always! The customer has the right and can pay for the work performed before special database signing the acceptance certificate, but is not obliged to. The obligation to pay for the work 100% arises after signing the certificate without any objections or an unjustified refusal to sign, which is documented.

Failure to sign the act may also be due to the fact that there is a violation of the terms of the contract by the contractor (poor quality work, work done with errors, etc.)

Therefore, failure to receive or sign the act does not indicate that the work will not be paid for.

QUESTION - 34:
Two cases are possible:

1) In a civil court (if at least one of the parties is an individual, i.e. an ordinary person)

2) In the commercial court (if both parties to the contract are individual entrepreneurs or legal entities)

Please note that, depending on the dispute that has arisen, it is necessary to file a lawsuit in court at the place of performance of the work or at the location of the defendant (the person who violated the terms of the contract).

QUESTION - 35: Is it permissible to transfer and accept work based on a certificate of work performed signed unilaterally?

Yes, it is allowed, but under the mandatory presence of two conditions:

1) if there is actual performance of the work under the contract (i.e. the work has been performed and there is appropriate evidence.
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