A resident of the capital filed a lawsuit against furniture makers but could not recover the full amount due to a single mistake. A correspondent from Tengrinews.kz explored how to avoid such situations and why it is essential to formalize contracts with furniture makers.
A couple of days ago, the inter-district court for civil cases in Astana delivered a verdict in a case between a capital resident and a limited liability partnership regarding a breach of contract for the manufacture and installation of furniture.
According to the case materials, the plaintiff demanded compensation of 5.4 million tenge, stating that the limited liability partnership failed to fulfill its obligations. To complete the work, he hired other contractors, resulting in additional expenses.
The defendant partially acknowledged the claim. According to them, the delay in furniture installation was due to renovation work in the plaintiff's apartment. Some of the furniture was delivered, but the plaintiff declined further services.
"The court found that the plaintiff paid the full amount under the contract, but the defendant only completed part of the work. Moreover, the plaintiff did not document the violation of delivery deadlines, nor did he send a written request for reimbursement of expenses or a reduction in the cost of work. Conducting an expert assessment of the completed work proved impossible, as the remaining work was finished by other contractors. The court concluded that the plaintiff engaged new contractors at his own initiative. Considering the principles of fairness, the court partially satisfied the claim and ordered the defendant to pay 1 million 766 thousand tenge," - stated the court's announcement.
The decision has come into legal force.
What Mistake Did the Plaintiff Make and How to Avoid Making the Same Error
In the case of the capital resident, a practicing lawyer from Astana, Daniyar Baigabatov, provided insights.
According to the lawyer, for any type of work, including furniture manufacturing, it is crucial to draft the contract correctly. In this specific instance, it should be with the furniture manufacturer.
"As is often the case, contracts are either not written at all or generic templates are used, which incorrectly state the terms, deadlines, and other key points. In this case, we are dealing with two types of contracts: a contract for the installation of furniture and a sales contract for its manufacture.
First and foremost, it is necessary to define the subject of the contract, that is, what civil legal relations this document regulates. In this case, it pertains to the manufacture and installation of furniture. The contract must clearly specify the deadlines for completing the work. First, the production deadline for the furniture, and second, the installation deadline. These are two different stages that should be explicitly stated," - advised the lawyer.
The contract must also detail the procedure for accepting the completed work and the furniture itself. Since the contract combines two types of obligations (sale and contract work), it is essential to outline the responsibility for the quality of the furniture and for the quality of the work involved in its assembly and installation, Baigabatov explained.
For instance, furniture could be delivered with defects even before the installation begins, and errors might occur during its assembly or installation.
"The contract must specify the contractor's responsibility (or seller's) for inadequate quality of the furniture and for poorly executed installation and assembly work. Additionally, it is necessary to outline the course of action in case defects are identified. Specifically, the obligation of the customer to notify the contractor of any identified violations regarding deadlines, scope, or quality of work should be established. The procedure for drawing up a defect report must be described. This document records identified deficiencies, deadlines for their rectification, and the consequences of refusing to correct them. For example, it can be stipulated that if the contractor does not rectify the deficiencies within a specified timeframe, the customer has the right to engage third parties to correct them, and the contractor will bear the costs," - the lawyer added.
It is also important to include appendices to the contract specifying the types and volumes of work. For example, the installation of kitchen furniture may include connecting electrical wiring, lights, plumbing, and installing built-in appliances. All of this needs to be detailed in the appendix; otherwise, the customer will have no grounds to demand the correction of defects for specific types of work.
"It is also advisable to stipulate the parties' obligation to compile a defect report. Indicate the procedure for sending this document to the contractor, the deadlines for rectifying defects, and the consequences of failing to do so. Specify the customer’s right to withdraw from the contract and claim damages in the case of significant or irreparable defects. This provision is governed by paragraph 3 of Article 635 of the Civil Code. According to the requirements of this article, certain conditions must be met to terminate the contract: notifying the contractor, withdrawing from the contract, and subsequent reimbursement of damages. All of this must also be included in the document," - Daniyar Baigabatov concluded.
Previously, we reported that a resident of Pavlodar was selling nonexistent furniture to residents of Astana.