Legal Instruments Of Proof Of Work On A Contract At Dispute Of Their Performance

Speaking of proving the execution of the works by the contractor, the first thing should be to consider the acts of transfer and acceptance of completed works (Art. 720 of the CC RF (Сivil Сode of Russian Federation). They can be issued both on the established forms KS-2 and KS-3, USD, and in the form of a free-form act of acceptance and transfer, containing the necessary data to identify the work performed. The presence of the signed by the customer act of acceptance and transfer of work performed, or confirmation of its direction in the absence of timely motivated refusal by the customer allows us to assert the proof of the fact of performance of work (but not indisputable) and the emergence of obligations to pay for them.

Often in the conduct of contractual relations contractors, due to certain circumstances, neglect the document flow. In practice, this is usually due to the lack of time to process documents for each action or the long and trusting relationship between the parties. In the event of a dispute between the parties in a better position is the one who has more signed and duly executed documents, as the courts, especially arbitration, for the most part focused on them.

In such categories of disputes that are associated with the performance of work under the contract, all the circumstances will overlap with the presence or absence of the fact of transfer by the contractor of the result of the work performed.

In this regard, very often there are questions related to how to prove the fact of performance of works in the absence of signed acts of acceptance-transfer or evidence of their direction to the address of the company in the order of Art. 54, 165.1 CC RF.

In the results of the above, I would like to consider the variability of proof of work performed in the absence of the contractor signed acts of acceptance and transfer or evidence of their direction to the customer by mail or courier services.

In practice, the tools of proof under Art. 720 of the CC RF is much wider than it seems at first glance.

Living in the age of progressive information technologies, one way or another, almost any activity is associated with electronic correspondence. This ensures the efficiency of information exchange and the possibility of remote work. It is within the framework of this correspondence that the parties often agree on the scope of work, its cost, terms of their implementation, as well as the preliminary exchange of acts of acceptance...