Collection of debts under construction contract

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Recovery of money under a construction contract is possible in the following cases:

• the customer has not paid or has not paid in full for the work performed by the contractor;
• the customer has repudiated the contract and has not paid compensation for the completed part of the work;
• the contractor has not performed the work stipulated by the contract, design and estimate documentation, and refuses to return the prepayment, penalties, reimburse the losses caused;
• the contractor refuses to return the overpaid amount of money paid by the customer for the work performed.

Why should you contact a lawyer?

Payment for completed work is made by the customer after acceptance of the object. The basis is the act of completed work, signed by both parties. 

If in the terms established by the contract obligations are not fulfilled, we recommend without delay to contact a lawyer of the company "Legal Solutions" for the following reasons:

• in the staff of our company there are professionals specializing in various branches of law, having extensive experience;
• our specialists will help in solving any issues within the current legislation of Ukraine;
• we work promptly and efficiently;
• support our clients from the claim to the enforcement proceedings. 

Debt recovery under the construction contract: stages of work

Every person has the right to appeal to the court for the protection of their rights and interests. We recommend to additionally use all legal tools of pre-trial settlement of the dispute. Our work takes place in several stages.

Negotiations

The purpose of negotiations is to settle the dispute voluntarily. In a number of cases the parties manage to reach a compromise. We document the decision taken.

Sending a claim

Another way to settle a conflict out of court is to send a written claim to the debtor (customer or contractor). This document specifies the justification of the claim, the amount owed, terms and conditions of repayment.

Court proceedings

Preparing a statement of claim for recovery under the contract, lawyers of the company "Legal Solutions" collect the necessary evidence:

• Contractor's agreement with annexes;
• design and estimate documentation;
• acts of completed work;
• invoices;
• payment orders;
• written claims;
• remarks to the contractor regarding the quality of work;
• correspondence between the contractor and the customer;
• other documents of evidentiary value.

At this stage we provide such legal services as:

• Representation of the interests of the plaintiff, defendant, third party in court;
• drafting of procedural documents;
• application of petitions;
• initiation of expert examination;
• calculation of the amount of debt under the transaction, penalties, fines, other costs;
• appealing court decisions.

We provide legal support and at the stage of enforcement proceedings. If the debtor refuses to repay the debt, we check the availability of movable and immovable property, bank accounts, which can be foreclosed.

If there are sufficient legal grounds, we initiate the issue of bringing the debtor to criminal responsibility.

A disputable situation between the parties may arise at any stage of contract execution. You can contact us on any legal issues in this area.

Recovery of debts under the contract requires the development of a clear strategy. To avoid paperwork, wasting time and energy on litigation, solving complex legislative issues, contact Legal Solutions.

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