The Customer Has Not Paid for Completed Works
The works have been completed in full or in part, but the customer is delaying payment, withholding part of the price, or disputing the scope or basis for payment.
CONTRACT • ACCEPTANCE • PAYMENT • EXPERT EVIDENCE
Construction Disputes
We protect customers, general contractors, contractors and subcontractors in disputes over payment, scope and quality of works, acceptance, additional works, deadlines, estimates and termination of construction contracts.
We compare the contract, design documents, estimate, acceptance documents, construction records, correspondence and the actual result of the works — and only then formulate the pre-trial claim or court position.
WHEN A LAWYER MAY BE NEEDED
What Happened?
The Customer Refuses to Sign the Acceptance Documents
The works have been presented for acceptance, but the KS-2, KS-3 or another document has not been signed, no formal comments have been recorded, or the parties disagree about the actual volume of completed works.
The Contractor Faces Quality Claims
The customer alleges defects, deviations from the design or the need to redo the works, and it is necessary to determine the cause and significance of the defects and the cost of remediation.
Additional Works Have Not Been Paid
Additional scope arose during construction that was not included in the original documentation or estimate, creating a dispute over approval, necessity and price.
There Is a Dispute over Deadlines
The works were completed later than scheduled, but the parties assess the causes differently: actions of the customer, design changes, late handover of the site or documents, or breaches by the contractor.
There Is a Dispute over Price or the Estimate
The scope changed, costs increased, or one party seeks additional payment while the other considers the claimed price unjustified.
The Contract Ended before Construction Was Completed
One party withdrew from the contract or the works effectively stopped, and the parties need to determine the completed scope, mutual settlements, materials, documents and the consequences of termination.
The Dispute Can No Longer Be Resolved without Technical Expertise
The dispute concerns actual scope, quality, causes of defects, remediation costs or other technical issues requiring specialist knowledge.
Nikolay NemkovManaging Partner, Konsultant Law Firm
Managing Partner’s Commentary
Nikolay Nemkov on Construction Disputes
Why a construction-contract dispute cannot be proven by showing only the contract and an invoice: the court needs to reconstruct what works were agreed, what was actually completed, how the result was presented to the customer and which documents confirm the scope and quality.
Key Points
- 01What the parties agreed
- 02What actually happened on the site
- 03Which documents prove it
STRATEGY
Evidence First. Claims Second.
A construction dispute is rarely decided by a single document. The contract may define one scope, the estimate another, the acceptance documents a third, while the works actually completed on site may differ again. The legal position therefore needs to connect the contractual documents, actual performance and timely records of the parties’ actions.
01
Contractual Framework
We review the scope, price, deadlines, procedure for changing the scope, acceptance, payment, liability and termination provisions.
02
Actual Scope
We compare the design, estimate, certificates, construction records, supplied materials and the works actually completed.
03
Chronology
We reconstruct notices, handover of the site and documents, presentation of works for acceptance, comments, suspensions and changes to the assignment.
04
Calculation and Evidence
We determine the amount claimed, penalties, damages, withholdings and technical issues that may require expert evidence.
WHAT WE DO
What Our Work on a Construction Dispute Includes
Review the Contract and Design Documents
We review the construction contract, amendments, technical specifications, design, estimate, schedule and other documents defining the parties’ obligations.
Reconstruct the Actual Scope
We compare KS-2, KS-3, other certificates, construction records, logs, materials, photographs, correspondence and the actual condition of the site.
Review Acceptance and Comments
We analyze notices of readiness, presentation of the result, signed and unilateral certificates, customer comments and evidence that defects were remedied.
Calculate the Claims
We determine outstanding payment, disputed value of works, penalties, damages, withholdings and other monetary claims in light of the contract and actual circumstances.
Prepare the Pre-Trial Position
We prepare the claim or response, calculations and evidence package for negotiations and compliance with any applicable pre-trial procedure.
Handle the Commercial Court Dispute
We prepare the claim or response, procedural documents and evidence and represent the company in the Russian commercial court.
Work with Construction Expert Evidence
We determine which technical issues require specialist knowledge, formulate questions, review the source materials and analyze the expert opinion.
EVIDENCE
What Matters Most in a Construction Dispute
Contract and Estimate
The contract, appendices, technical specifications, design, estimate, schedule and amendments.
Acceptance
KS-2, KS-3, other certificates, notices of readiness, comments and documents relating to unilateral handover of the result.
Records and Documentation
Construction records, logs, concealed-works certificates, correspondence, notices, photographs, videos and inspection materials.
Calculations
Payments, invoices, delivery notes, material costs and calculations of debt, penalties, damages and expenses.
TWO SIDES OF THE DISPUTE
We Represent Both Customers and Contractors
CUSTOMER
When the Problem Is with the Contractor
- deadlines have been missed
- there are construction defects
- the actual scope does not match the contract
- unapproved additional works have been claimed
- construction records have not been delivered
- an advance was paid but the works were not completed
- damages or remediation costs need to be recovered
CONTRACTOR / SUBCONTRACTOR
When the Problem Is with the Customer
- completed works have not been paid
- acceptance documents are not being signed
- the completed works are actually being used
- the site or documentation was handed over late
- the scope changed during performance
- the customer alleges disputed defects
- the contract ended without payment for the works actually completed
The same documents can have different significance for a customer and a contractor. Before choosing the legal position, we first determine the client’s role and reconstruct the actual history of performance.
ACCEPTANCE
The Absence of a Signature Does Not by Itself Answer the Payment Question
Under a construction contract, the contractor’s handover of the completed result and the customer’s acceptance are documented by an acceptance certificate. If one party refuses to sign, the certificate may record that refusal and be signed by the other party.
But a unilateral certificate does not automatically mean that the contractor wins. The court assesses whether the works were presented for acceptance, whether there were grounds for refusal, what comments the customer raised and whether actual completion is supported by other evidence.
The dispute therefore depends not only on the existence of KS-2 or KS-3, but on the entire handover process: notices, dates, comments, correspondence, access to the site and actual use of the completed result.
ADDITIONAL WORKS
Actual Performance Does Not Always Mean the Additional Works Must Be Paid
If, during construction, the contractor discovers works that were not included in the technical documentation and that require additional works and an increase in the estimated price, the source rules require the contractor to notify the customer.
If no response is received within ten days, unless another period is provided by law or the contract, the source rules provide for suspension of the relevant works. A contractor that fails to notify the customer risks losing the right to claim payment for the additional works and related suspension losses, except in the circumstances provided by law.
For additional works, we therefore reconstruct separately when the need arose, who identified it, what was communicated to the customer, how the customer responded and why the works were completed.
BEFORE COURT
The Pre-Trial Claim Is Part of the Litigation Strategy
For the relevant monetary claims arising from contracts between organizations and entrepreneurs, the Russian Commercial Procedure Code generally provides for going to court after pre-trial settlement measures have been taken and thirty calendar days have passed from the date the claim was sent.
However, another period or procedure may be established by law or by the contract itself. Before filing a claim, it is therefore necessary to check not only the wording of the pre-trial claim but also how it was sent, the address, the date of receipt and the terms of the particular contract.
30 calendar daysgeneral period after sending the pre-trial claim for the relevant monetary claims, unless the law or contract establishes a different procedure
Konsultant Law Firm
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
Since 2007
in legal practice
1,000+
court proceedings
Across Russia
Krasnoyarsk • Moscow • other regions
What Our Clients Say
What Our Clients Say
Video testimonials, client letters and ratings on independent platforms.
Nikita Popov
Contractor Dispute
The Contractor Burned Down an Outbuilding and Canopy
An unscrupulous contractor caused property damage. Nikolay Nemkov reviewed the situation, explained the next steps and helped resolve the issue.
Testimonial Transcript
“Hello everyone. I met Nikolay. He helped me understand the situation and resolve the issue.”
Related Practice: Construction Disputes
Construction Exists Outside the Contract Too
In a construction dispute, the written contract terms have to be compared with what actually happened on site: when the site was handed over, what documentation the contractor received, what changes were made, what scope was completed and how the parties reacted to departures from the original plan.
A strong position is therefore usually built not around a single certificate or letter, but around a consistent chronology in which the contractual documents, correspondence, construction records and actual result support each other.
CONSTRUCTION EXPERT EVIDENCE
The Expert Needs the Right Technical Question
Expert evidence can be critical when the parties dispute the actual scope of works, the existence and causes of defects, compliance with the design, usability of the facility or the cost of remediation.
But the opinion depends on the questions asked and the source materials provided. Before an expert examination, it is therefore necessary to identify the legally significant technical issues, collect the documentation and understand which conclusion is actually needed to resolve the particular claim.
How We Start Working on the Matter
01We Receive the Contract and Main Documents
The contract, estimate, design, KS-2, KS-3, construction records, pre-trial claims, correspondence and payment documents.
02We Build the Chronology
When the works started, what changed, what the parties handed over, when the result was presented and what comments arose.
03We Identify the Disputed Facts
Scope, price, quality, deadlines, additional works, acceptance or grounds for termination.
04We Develop the Strategy
We determine the claims or objections, evidence required, pre-trial actions and whether construction expert evidence is needed.
MANAGING PARTNER
Konsultant Law Firm Lawyers
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
Construction Dispute Questions
Can payment be recovered if the customer did not sign KS-2 or the completion certificate?
The absence of the customer’s signature does not by itself automatically mean either that the works were not completed or that they must be paid. In a construction contract dispute, it is necessary to check whether the result was presented for acceptance, whether the contractual handover procedure was followed, whether the refusal to sign was documented, what reasons the customer gave and what other evidence confirms the scope and result of the works. A unilateral certificate is assessed by the court together with the other circumstances of the case.
Does a unilateral certificate for completed construction works have legal effect?
Russian civil law provides that handover and acceptance of completed construction works are documented by an act. If one party refuses to sign, the refusal is recorded and the document may be signed by the other party. Such a unilateral act may be rejected by the court if the reasons for refusing to sign are found to be justified. Its legal significance therefore depends on the full acceptance procedure and the actual circumstances.
Must the customer pay for additional works?
There is no universal rule that “if the work was actually done, it must be paid.” If works not included in the technical documentation are discovered and they require additional works and an increase in the estimated price, the contractor must notify the customer. The law provides a further procedure, including a rule on suspension if no response is received within the applicable period. In a particular dispute, the notice, approval, necessity of the works and circumstances of performance all need to be examined.
What should be done if the customer claims that the works are defective?
The specific alleged defects, the time they were discovered, the contract and design requirements, inspection results and evidence of the causes of the defects need to be identified. A technically complex dispute may require a specialist study or court-appointed expert examination. A general allegation of “poor quality” without specific defects and supporting evidence is not enough to assess the basis or amount of the claim.
Can payment for works actually completed be recovered after the contract is terminated?
Termination does not automatically make the works completed before termination free of charge, but it also does not automatically entitle the contractor to any amount it claims. The legal basis for termination, the scope actually completed and accepted, payments already made, transferred materials, defects and the terms of mutual settlement all need to be established.
Is a construction expert examination always required?
No. The need for specialist knowledge depends on the subject of the dispute. If the issue can be determined from the contract, certificates, correspondence, calculations and other evidence, an expert examination may not be necessary. If the parties dispute technical scope, quality, causes of defects, compliance with the design or remediation cost, expert evidence may be important.
Must a pre-trial claim be sent before applying to a Russian commercial court?
For civil-law disputes seeking monetary recovery under contracts, other transactions and unjust enrichment, the Russian Commercial Procedure Code generally provides for filing with the court after pre-trial settlement measures have been taken and thirty calendar days have passed from the date the claim was sent. However, a different period or procedure may be established by law or contract. The terms of the particular construction contract and the nature of the claims must therefore be checked before proceedings are filed.
Let Us Review the Construction Dispute from the Documents
Describe your role, the amount in dispute and the main issue. If you have the contract, estimate, KS-2, KS-3, a pre-trial claim, a termination notice or an expert opinion, mention this in your description.