Acceptance of results of public and corporate procurements
One of the important areas of practice of “State and corporate procurement” of lawyers of BRACE Law Firm is the provision of legal services to represent interests in court in disputes regarding the acceptance of the results of the execution of contracts concluded on the basis of public and corporate procurements.
Lawyers at BRACE Law Firm specialize in legal support of state and corporate procurements, and also have many years of experience in protecting the rights of both procurement participants and government and corporate customers in litigating cases related to the resolution of disputes regarding the acceptance of contract execution results.
Disputes over the acceptance of public and corporate procurement results
According to the general rule of Russian civil law, the supplier is obliged to present the results of the execution of the contract at the indicated time in the proper quality in accordance with the terms of the contract, and the customer is obliged to accept the results or to submit a reasoned refusal to such acceptance.
Federal law dated April 05, 2013, N 44-FZ “On the Contract System in the Sphere of Procurement of Goods, Works, and Services to Ensure State and Municipal Needs” established that to verify the results of execution provided by the supplier, the customer is obliged to conduct an examination on his own or with the involvement of expert organizations. Federal Law of July 18, 2011, N 223-FZ “On Procurement of Goods, Work, and Services by Certain Types of Legal Entities” does not establish the procedure for accepting the results of contract execution. However, the conditions for the examination and other requirements for the results of the execution of the contract concluded on the basis of corporate procurement can be established by the customer directly in the contract and must comply with the requirements of the Civil Code of the Russian Federation.
The most common are disputes related to poor-quality execution of contracts by suppliers or unmotivated refusal of customers to accept quality-executed results of contract execution.
The order of consideration of disputes for the acceptance of the results of state and corporate procurement
Prior to going to court according to Russian procedural law in order to resolve a dispute regarding the acceptance of the results of the execution of contracts within the framework of state and corporate procurements, it is necessary to send a complaint to the interested party with the obligatory indication of the rationale for the position regarding poor-quality execution of the contract or giving reasons for the unreasonable refusal to accept the results of a qualitatively executed contract.
Provided that the parties have not agreed on the acceptance of the results of the execution of the contract, the dispute is subject to arbitration.
The main feature of disputes in this category is that it often seems difficult to assess the quality of contract execution. In these cases, it is extremely important to involve experts or expert organizations, including through the appointment of a forensic examination. It is also often necessary to collect data on whether the quality of the received results complies with the requirements of the current legislation, technical regulations, etc. When considering disputes, special attention is paid to the quality of the preparation of the technical specifications by the customer, which should contain in detail all the necessary requirements for the results of the contract, as well as the presence of additional correspondence of counterparties, which can help identify the intentions of the parties and be used as additional evidence.
Thus, disputes over the acceptance of the results of state and corporate procurements are particularly difficult to resolve and require a detailed study by the lawyer of a legal protection strategy.
- Legal analysis of documents and other evidence submitted by the client in a dispute on the acceptance of the results of state and corporate procurement
- Consultation of lawyers and attorneys of BRACE Law Firm regarding the prospects of judicial and/or pre-trial settlement of a dispute regarding the acceptance of public and corporate procurement results
- Legal support of the claim dispute settlement procedure
- Development of a strategy and tactics for protecting a client in a court in disputes related to the acceptance of the results of the execution of contracts
- Pre-trial preparation, including the formation of evidence
- Preparation and filing of a statement of claim (application) and other procedural documents in a judicial dispute on the acceptance of the results of state and corporate procurements
- Representation of interests, case management in court by lawyers of BRACE and completion of all necessary procedural actions
- Coordination of several parallel trials (if necessary)
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- The appeal of judicial acts in the courts of appeal, cassation and supervisory review
- Support of enforcement proceedings
- Other legal assistance in judicial disputes related to the acceptance of the results of the execution of contracts