Each contract contains not only the prescribed rights, but also the obligations of each party. Often there are cases of violation by one of the parties of the obligations assumed by the contract or their implementation is carried out inappropriately. Violations can occur both on the part of the buyer and on the part of the supplier (services or goods).
A claim is a document on the basis of which a dispute settlement is carried out in a pre-trial manner. In this case, it is the injured party who sends the counterparty a demand for the execution, amendment or termination of the current contract, as well as for compensation for losses or payment of the penalty.
The claim under the contract is not justly underestimated by many managers and entrepreneurs and the document. Since a qualified and timely written claim under the contract makes it possible to avoid judicial consideration of disputes and save on legal costs. Entrusting the drafting of such a document should only be legally competent people.
The claim is made in order to make it clear to the counterparty what violation of the contract causes your discontent, and also allows you to substantiate your requirements and indicate your intentions regarding this situation. It also outlines presumptive ways out of this situation. A claim under a service contract should lead to a dialogue to resolve existing problems, rather than confound. In the letter of claim, not only the content is important, but also the time and timing of its submission.
The preparation of such a document should not be delayed. A claim is drawn up and sent under the service contract immediately to detect violations of the rules prescribed in the contract. Otherwise, you will miss the time, which may lead to the inability to correct the identified violations. A claim under a service agreement must necessarily be made in writing, because subsequently you can easily prove that you have done everything possible to reduce your losses. When writing, be sure to indicate the time during which you want to receive an answer, preferably in writing, where your counterparties will write down the possible deadlines for correcting the violations that have been reported.
Claim settlement of disagreements between counterparties is mandatory:
- if such an order is established by the Federal Law;
- if the claim procedure is provided for by the concluded contract.
A claim under a contract for the provision of services, as well as a claim under a contract, is drawn up in any form, since there is no legislatively fixed form. But each of them should contain the listed information.
- The specific nature of the requirement
- If necessary, indicate the amount of the claim, as well as its calculation.
- If the period for consideration of the claim letter is not provided for by the contract, then this period must be indicated in the text of the claim. It is more correct to indicate the term for fulfillment of contractual obligations or payment, and not the term of the response itself to the written claim letter.
- Specific circumstances justifying the requirements with reference to relevant legislation.
- List of documents attached to the claim and other information.
A claim under a work contract as well as other claim letters must be drawn up and sent to the counterparty within the time periods specified in the contract. At the same time, it is necessary to attach the necessary copies of documents to it, which will confirm the submitted requirements.
The letter of claim must be signed by the individual entrepreneur, director or his deputy and sent by mail with the receipt of a document confirming the direction (it is better if the letter was sent with a notification of receipt).