The work that has already been completed?
Posted: Tue Jun 17, 2025 10:17 am
QUESTION - 49: The construction site was destroyed or the contract work cannot be completed due to unforeseen circumstances, is the contractor entitled to remuneration (partial payment) for
No, it doesn't! A feature of the contract is that the contractor performs the work at his own risk, that is, until the customer signs the acceptance certificates, all risks are borne by the contractor (including shelling, floods, hurricanes, etc.). Therefore, first of all, it is the contractor who is interested in completing the work as quickly as possible and handing it over to the customer. When the work is handed over, all risks lie with the customer. Similar conclusion of the Supreme Court of 03.03.21, case 521/6903/17.
QUESTION - 50: Is the customer obliged to accept goods and materials (purchased materials) special database under a construction contract without actually performed work?
No, not required! A construction contract provides for the performance of certain works, the final result of which is a constructed object or a reconstruction, etc. That is, the customer pays for the result of the work (during which certain materials, raw materials were used). This is not a contract for the purchase and sale of materials, the customer does not have to build something from them or repair something with their help, he pays the contractor for it. A similar conclusion of the Supreme Court dated 03.04.24, case 910/21315/21.
QUESTION - 51: Within what period is the customer, who has received the contractor's notification of the readiness of the work, obliged to accept it and sign the acts?
Article 882 of the Civil Code establishes that the customer, who has received a notification from the contractor about the readiness to transfer the work performed under the construction contract, or if this is provided for by the contract for a stage of work, is obliged to immediately proceed with their acceptance.
No, it doesn't! A feature of the contract is that the contractor performs the work at his own risk, that is, until the customer signs the acceptance certificates, all risks are borne by the contractor (including shelling, floods, hurricanes, etc.). Therefore, first of all, it is the contractor who is interested in completing the work as quickly as possible and handing it over to the customer. When the work is handed over, all risks lie with the customer. Similar conclusion of the Supreme Court of 03.03.21, case 521/6903/17.
QUESTION - 50: Is the customer obliged to accept goods and materials (purchased materials) special database under a construction contract without actually performed work?
No, not required! A construction contract provides for the performance of certain works, the final result of which is a constructed object or a reconstruction, etc. That is, the customer pays for the result of the work (during which certain materials, raw materials were used). This is not a contract for the purchase and sale of materials, the customer does not have to build something from them or repair something with their help, he pays the contractor for it. A similar conclusion of the Supreme Court dated 03.04.24, case 910/21315/21.
QUESTION - 51: Within what period is the customer, who has received the contractor's notification of the readiness of the work, obliged to accept it and sign the acts?
Article 882 of the Civil Code establishes that the customer, who has received a notification from the contractor about the readiness to transfer the work performed under the construction contract, or if this is provided for by the contract for a stage of work, is obliged to immediately proceed with their acceptance.