Court awarded RUB 1.08 million in unpaid fees for lift maintenance and repairs

For several years ООО «Ритол» performed lift maintenance and repair work for ООО УК «Содружество-Сервис».

The parties had contracts for:

• comprehensive technical maintenance of lifts;
• routine repairs;
• replacement and repair of lift equipment;
• individual repair works.

The work was performed, handed over to the customer and documented in acts.

But payment was not received in full.

One of the main contracts for comprehensive technical maintenance and routine repair of lifts was concluded on 1 January 2017.

Under its terms, ООО «Ритол» performed technical maintenance and routine repair of lifts and the lift dispatch signalling system.

The customer was to pay for the completed work monthly on the basis of signed acts.

The contract provided for automatic renewal if neither party gave notice of its termination.

The case file contained a large volume of acceptance certificates for completed work.

In particular, under the main contract, acts were submitted for:

• 2022;
• 2023;
• January — April 2024.

The total cost of the work under this array of acts was:

RUB 1,313,060.

The cooperation was not limited to monthly technical maintenance.

ООО «Ритол» also performed individual works, including:

• replacement of the lift cabin floor covering;
• replacement of the cabin door drive;
• other works on repair and replacement of lift equipment.

The performance of these works was also confirmed by signed acts.

In 2024 the parties concluded a new contract for comprehensive technical maintenance and routine repair of lifts.

The monthly cost of maintenance was:

RUB 46,895.

The work was performed from May to December 2024 and documented in the corresponding acts.

In January 2025 the maintenance continued under the next contract.

The case file confirmed that ООО УК «Содружество-Сервис» made individual payments to the contractor.

That is, real commercial relations existed between the parties:

the work was performed, accepted and partially paid for.

However, full payment was not made.

On 13 February 2025 ООО «Ритол» sent a formal demand to the management company.

It proposed settling the existing debt under the contracts.

The demand was left without satisfaction.

After that, the matter had to be resolved in the Commercial Court of the Krasnoyarsk Territory (Арбитражный суд Красноярского края).

For the contractor, the documents confirming performance of the contracts were of fundamental importance.

Acceptance certificates for the completed work were submitted to the case file.

The court separately noted that they were:

signed by the parties without objections or remarks.

These documents confirmed that ООО «Ритол» had performed the work.

After the work is performed and accepted, the customer has an obligation to pay for it in accordance with the terms of the contract.

In this case the customer signed the acceptance certificates for the completed work.

No evidence of full payment of their cost was submitted to the case file.

The court concluded that the management company had a counter-obligation to pay for the properly performed work.

Taking into account the partial payments made by the defendant, the calculation of ООО «Ритол» showed a debt of:

RUB 1,569,956.80.

However, when the claims were refined, the claimant itself reduced the amount it asked the court to recover to:

RUB 1,077,311.80.

After the claim was refined, ООО «Ритол» asked to recover:

RUB 1,077,311.80.

The court separately noted that the claimant independently determines the scope of the material rights it asks to protect.

The court therefore could not go beyond the claim as stated.

The claimant withdrew the RUB 372,996.60 penalty claim, and the court terminated the proceedings concerning that claim.

The court found proven the fact that ООО «Ритол» had performed the work.

At the same time, the defendant did not present evidence of payment for the completed work in the amount claimed.

Taking into account the signed acts and the absence of evidence of payment, the court found the claim for recovery of:

RUB 1,077,311.80

justified.

The court ordered the defendant to reimburse RUB 50,888 of the claimant’s court fee.

It also ordered a refund of RUB 27,115 in court fees from the federal budget.

This refund was separate from the RUB 1,128,199.80 awarded against the defendant.

This dispute shows a classic situation of commercial debt.

The contractor performed work for a long time.

The customer:

• signed the acts;
• accepted the result;
• made partial payments;

but did not settle in full.

For a court recovery, it was important to confirm:

the contractual relationship;

the actual performance of the work;

its acceptance by the customer;

the cost;

the payments made;

the remaining amount of the debt.

As a result, the stated principal debt of RUB 1,077,311.80 was awarded in full.

Konsultant Law Firm represented ООО «Ремонт и техническое обслуживание лифтов» («Ритол») — the claimant in the case.

The case was handled on the firm’s side by lawyer Viktor Erofeev.

During the dispute, the contractual relationship of the parties, the performance and acceptance of the work, the signed acts, the partial payments and the amount of the remaining debt were confirmed.

The court awarded in favor of the client RUB 1,077,311.80 in principal debt and RUB 50,888 in legal costs.