Apartment repairs are a rather laborious and exhausting process that needs to be constantly monitored. Sometimes, even with the most careful control, it may have a completely unexpected and unpleasant result, especially if the work was done by non-professionals.
FIRST, LET'S FIGURE OUT HOW TO PROTECT YOURSELF FROM POSSIBLE UNPLEASANT CONSEQUENCES:
✅ Even at the stage of choosing a contractor, you should carefully study future contractors’ portfolios; it’s worth reading reviews, learning about the employees’ experience, and, in general, finding as much information as possible to make the right choice.
✅ Before concluding a contract, it’s recommended to meet with the contractors at the facility itself and discuss the details of the repair (this will give you the opportunity, already at the stage of selecting the contractor, not only to compare the repair cost, but also the lead time and their approach to work in general).
✅ Be sure to conclude a contract that will fully reflect the entire list of necessary work. Only in this way you will be legally protected and will be able to make legitimate requirements on the contractor. It is very difficult to prove your case without any official document.
If you’re already having repairs made and have not entered into an agreement with your contractor, keep all available correspondence, building materials purchase receipts, photos and other evidence in case of filing a lawsuit in court. And immediately contact an experienced consumer protection lawyer if problems arise during the repair.
Let’s consider a situation where you hired a work gang to renovate an apartment, and the result does not please you at all. If your claims are justified, you have every right to lodge a demand letter to the contractor or file a lawsuit in court.
☑ Write an official demand letter to the contractor, in which indicate all the shortcomings identified during the inspection, if necessary, attach photos. If you are unable to draw up a demand on your own, turn to a lawyer.
☑ Send the letter to the contractor by registered mail, return receipt requested, or hand it over in person at the company's office (in this case, you must have two copies, so a representative of the organization that accepted the claim dates and signs one of them).
☑ Wait for their response. If there’s none within 10 days, draw up a statement of claim for court. If necessary, you can write a statement yourself, yet at the stage of filing documents with the court, we strongly recommend that you involve a lawyer who is good at such disputes and can competently argue and defend your point of view in court. It often happens that once the defendant company’s representatives see a skilled lawyer and a clear position of the plaintiff, they back down themselves, return the money, or agree to correct all the shortcomings of the repair.
☑ Order an independent expertise to confirm low-quality repairs. The audit result can also be attached to the statement of claim.
☑ Submit the prepared bundle of documents to the court. It is best to entrust all the manipulations to a professional consumer protection lawyer who will be able to control the case progress and, if need be, prepare additional papers.
Now let's figure out what you can ask the performers to do in the demand letter.
WHAT CAN BE DEMANDED IN A PRE-TRIAL ORDER (IN A DEMAND):
● to eliminate all identified deficiencies in the repair (the claim accepted, the performers will be required to redo everything that you indicate in the letter at their own expense);
● to compensate for losses incurred as a result of the low-quality repairs (if you intend to find another contractor and conclude a new contract);
● to reduce the charge for the work under the contract (if you agree to put up with the shortcomings of the repair, but do not wish to pay for them).
By the way, in accordance with the consumer protection law, you have the right to demand a penalty (3% of the cost of work performed per day), a fine to the contractor (50% of the amount awarded by the court in favor of the plaintiff, clause 6 of article 13 of the Law) and compensation for non-pecuniary damage, which can be immediately indicated in the claim.
You estimate the amount of non-pecuniary damage compensation yourself, it’s not fixed by law. The amount must be adequate in relation to the nature of the physical and moral suffering caused to you. With regard to imposing a fine: recovery is possible under the Consumer Protection Law for non-compliance with consumer requirements on a voluntary basis.
You can also ask the court to cover all the costs of necessary examinations (if any) and the representative (lawyer) services.
So, if the result of filing a demand against the contractor was that your claims were granted, congratulations! If the performer adamantly refuses to do anything, prepare a lawsuit in court.
We will be happy to assist you at all stages: from preparing a demand letter to an apartment repair service provider to representing you in court:
Tel: +7 909 961-19-09
Visit us: Moscow, Zubovskiy bulvar, building 4, room 308