Claim for poor quality work

A claim for poor quality of work performed is a requirement in writing to acknowledge shortcomings in the work performed.

The contractor is obliged to promptly inform the consumer that compliance with the consumer’s instructions and other circumstances depending on the consumer may reduce the quality of the work performed (service provided) or result in the impossibility of completing it on time.

If the consumer, despite timely and reasonable information by the contractor, does not replace unsuitable or substandard material within a reasonable time, does not change instructions on the method of performing work (providing a service) or does not eliminate other circumstances that may reduce the quality of the work performed (service provided), the contractor has the right to refuse to fulfill the contract for the performance of work (provision of services) and demand full compensation for losses.

Complaint about poor quality of work performed

Responsibility for poor quality of work is prescribed in Article 723 of the Civil Code of the Russian Federation

In cases where the work was performed by the contractor with deviations from the contract that worsened the result of the work, or with other shortcomings that make it unsuitable for the use specified in the contract, or in the absence of a corresponding condition in the contract of unsuitability for normal use, the customer has the right, unless otherwise established by law or contract, at your option, require the contractor to:

elimination of deficiencies free of charge within a reasonable time;
a proportionate reduction in the price set for the work;
reimbursement of their expenses for eliminating defects when the customer’s right to eliminate them is provided for in the contract (Article 397).

The contractor has the right, instead of eliminating the deficiencies for which he is responsible, to perform the work again free of charge with compensation to the customer for losses caused by the delay in performance. In this case, the customer is obliged to return the previously transferred work result to the contractor, if the nature of the work makes such a return possible. If deviations in the work from the terms of the contract or other shortcomings in the result of the work have not been eliminated within a reasonable period established by the customer or are significant and irreparable, the customer has the right to refuse to perform the contract and demand compensation for losses caused.

The condition of the contract to release the contractor from liability for certain defects does not relieve him of liability if it is proven that such defects arose as a result of the contractor’s guilty actions or inaction.

The contractor who provided the material to perform the work is responsible for its quality in accordance with the rules on the seller’s liability for goods of inadequate quality (Article 475 of the Civil Code of the Russian Federation).

Below are several examples of claims for poor quality work.

Sample claim for poor quality work on residential renovations

General Director of JSC "RemontStroy Capital" Stolyarov Marat Aleksandrovich address: Moscow, st. Lenina 47 from Artem Aleksandrovich Rusinov, living at the address: Moscow, st. Lenina 47-98

Claim for poor quality of residential renovation work

On June 30, 2021, I entered into Agreement No. 7-07/2018 with your company to carry out repair work in room No. 1 in my apartment at the address: Moscow, st. Lenina 47-98.

In accordance with clause 2 of this agreement, RemontStroy Capital CJSC was supposed to repair one of the rooms of my apartment in accordance with the sketch, which is an appendix to the agreement we concluded.

In accordance with clause 5.1 of the contract, work must begin on July 1, 2021 and be completed on August 15, 2021.

When concluding the contract, I paid 5,000 US dollars in rubles at the rate of the Central Bank of the Russian Federation on the day of payment to the account of CJSC RemontStroy Capital (a copy of the receipt is attached), prepared the premises for repairs, that is, fulfilled all my obligations under the contract we concluded.

The work began on time, and construction materials were delivered to the work site.

From the moment the work began, I carried out daily quality control, regarding which I had a number of complaints: the quality of the work did not correspond to the terms of the contract concluded between us.

My repeated indications that the quality of the work did not meet the terms of the contract were ignored, and there was no correction of the deficiencies.

Based on the above, I request:

eliminate these deficiencies at your own expense within a limited period of time

Please provide your answer in writing within the time period established by law to the address Moscow, st. Lenina 47-98.

If my claim is rejected, I will be forced to go to court to protect my consumer rights and, in addition to the above, I will demand compensation for moral damage caused to me.

If the claim is satisfied, the court may also impose a fine on the budget from the contractor in the amount of the cost of the claim for failure to comply with the voluntary procedure for satisfying consumer requirements.

I propose to resolve the dispute out of court.

(we list the attached documents below)

"__" __________ 20__

Signature: __________

See another sample...

Sample complaint for poor quality of provided housing and communal services

To the head of Housing Services No. 17 from Artem Aleksandrovich Rusinov, living at the address: Moscow, st. Lenina 47-98

Court decisions

Penalty from the developer Dalpiterstroy
The developer returned the money to the shareholder

How to return money for an apartment if the contract was not concluded in accordance with No. 214-FZ

The apartment plan does not correspond to the contract

Gray sales schemes in new buildings

Failure to meet deadlines by the developer

Claim for poor quality of provided housing and communal services

Since January 2021, I have been living (or am the owner of an apartment) in a house serviced by your organization.

As a provider of public services, your organization, regardless of departmental affiliation, form of ownership and legal form, is obliged to provide the consumer with services that meet the quality requirements of mandatory standards, sanitary rules and regulations, established standards and terms of the contract, as well as information about public services .

I fulfill my obligations - I regularly pay for utilities.

Your organization is not fulfilling its responsibilities properly. Improper execution resulted in the following:

From 1.08.__ to the present, neither dry nor wet cleaning of the front staircase No. 2 of our house has ever been carried out.
From 12.08.__ to the present time, the local area near our house is not being cleaned.
From 16.08.__ to the present time, garbage has not been removed from the container site near our house.
Etc.

These violations contradict the requirements of the Law of the Russian Federation “On the Protection of Consumer Rights”, according to which the contractor is obliged to provide a service, the quality of which complies with the terms of the contract, the Rules for the provision of public services, and the consumer has the right to ensure that public services are safe for his life, health, and also did not cause damage to his property.

Based on Art. Art. 27-31 of the Law of the Russian Federation “On the Protection of Consumer Rights” and the Rules for the Provision of Public Utilities

ASK:

within the period until August 25, 2018, eliminate these deficiencies free of charge using your own resources and resources by performing the necessary work;
recalculate the payment for housing and communal services to me and other residents of our building from the date of termination of supply to the date of resumption of services.

Please provide your answer in writing within the time period established by law to the address Moscow, st. Lenina 47-98.

If my claim is rejected, I will be forced to go to court to protect my consumer rights and, in addition to the above, I will demand compensation for moral damage caused to me.

I propose to resolve the dispute out of court.

"__" __________ 20__

Signature: __________

See another sample...

Sample complaint for poor quality installation work

To the director of Windows of the Century LLC, Moscow, st. Lenina, 25 from Artem Aleksandrovich Rusinov, living: Moscow, st. Komsomolskaya, 34, apt. 56 (owner's phone number)

Claim for poor quality installation work

On 08/08/2018 I bought a PVC window manufactured by (company name). The company's employees made the necessary measurements (date of measurement) with the subsequent installation circuit, which was carried out (date of installation).

The installation work was carried out poorly: during installation (description of damage). In accordance with Article 29 of the Law of the Russian Federation “On Protection of Consumer Rights”, the consumer may demand:

repair damage;
reduce the cost of the service;
reinstall;
compensate for damage caused and repair costs.

If the damage is not repaired within the specified period, I have the right to terminate the contract for the indication of the service and demand full compensation for losses from the company (name) within the specified period.

ASK:

Repair the damage within 10 business days from receipt of the claim;

Please provide your answer in writing within the time period established by law to the address Moscow, st. Komsomolskaya, 34, apt. 56.

If my claim is rejected, I will be forced to go to court to protect my consumer rights and, in addition to the above, I will demand compensation for moral damage caused to me.

I propose to resolve the dispute out of court.

(we list the attached documents below)

"__" __________ 20__

Signature: __________

See another sample...

The claim for poor quality of work performed can be changed to suit your case, just replace it with your data.

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