Both by the customer and the contractor?
Posted: Tue Jun 17, 2025 10:16 am
In the absence of a reasoned refusal to accept the work within the time specified in the contract (i.e., the customer did not inform in any way why he refuses to sign the act, did not mention the shortcomings, quality of the work, etc.)
A similar conclusion of the Supreme Court dated 06.12.19, case 910/7446/18.
QUESTION - 36: What should the court establish when resolving disputes regarding the proper and timely performance of work,
When resolving disputes regarding the proper and timely performance of contracts special database for the provision of services/performance of work, both by the customer and the contractor (contractor), the court must establish:
1) what actions were taken by the parties to fulfill their obligations under the contract (e.g., was an advance payment made, is there proof of advance payment, did the customer start work on time, did they purchase materials for work, etc.)
2) what are the terms of payment for the work performed with reference to the acceptance certificates of the work performed (when was the payment supposed to be made, before signing the certificate or after, whether partial payments, whether the work was actually performed, whether there is evidence to confirm this).
Everything must be documented; the court cannot establish circumstances based on words or assumptions.
A similar conclusion of the Supreme Court dated 06.12.19, case 910/7446/18.
QUESTION - 36: What should the court establish when resolving disputes regarding the proper and timely performance of work,
When resolving disputes regarding the proper and timely performance of contracts special database for the provision of services/performance of work, both by the customer and the contractor (contractor), the court must establish:
1) what actions were taken by the parties to fulfill their obligations under the contract (e.g., was an advance payment made, is there proof of advance payment, did the customer start work on time, did they purchase materials for work, etc.)
2) what are the terms of payment for the work performed with reference to the acceptance certificates of the work performed (when was the payment supposed to be made, before signing the certificate or after, whether partial payments, whether the work was actually performed, whether there is evidence to confirm this).
Everything must be documented; the court cannot establish circumstances based on words or assumptions.