Litigation on the conclusion of state and municipal contracts

Litigation on the conclusion of state and municipal contracts

One of the important areas of practice of “Public and corporate procurement” of lawyers of BRACE Law Firm is the provision of legal services to represent interests in court in cases related to the conclusion of state and municipal contracts.

In our activities, we are faced with various legal aspects of concluding state and municipal contracts, which lead to disputes between customers and procurement participants (winners determined by the results of procurement procedures). Lawyers at BRACE Law Firm have extensive experience in handling this category of cases in courts.

Litigation on the conclusion of state and municipal contracts

Federal Law dated April 05, 2013 N 44-FZ “On the Contractual System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs”, which governs the procedure for concluding state and municipal contracts, establishes that the party who received the draft contract signs it and returns one copy to the other party within 30 days from the date of receipt, or draws up a protocol of disagreement within the same period and sends it along with the signed contract.

The party that has received the contract with the protocol of disagreements, considers the specified disagreements and approves them or notifies the rejection of the protocol of disagreements. In case of rejection of the protocol of disagreements, the issue of settlement of disagreements shall be settled in court.

Most often, disputes regarding the conclusion of a contract may arise in connection with:

  1. with the submission by a person recognized as the winner in the procurement of inaccurate information about himself as a supplier or inaccurate information about the subject of delivery;
  2. the presence of the terms of the contract, not corresponding to the documentation and (or) the notice of purchase;
  3. unreasonable evasion of a contract;
  4. in other case.

When considering cases of this category, evidence is used that may have a different legal assessment by the court. For a positive outcome of the dispute, a special role is played by the competent formation and reporting to the court of a legal position, taking into account the prevailing judicial practice, as well as the actual circumstances of the case.

Procedural aspects of disputes on the conclusion of state and municipal contracts

Articles 452 and 528 of the Civil Code of the Russian Federation stipulate that disputes upon amendment and termination of an agreement are subject to consideration in court after compliance with the claims procedure. Namely, after receiving a refusal by a customer to amend or terminate a contract or if a customer ignores such an offer within 30 days.

In other cases arising from disputes over the conclusion of state and municipal contracts, compliance with the claims procedure is not mandatory.

Disputes arising from the conclusion of state and municipal contracts are subject to arbitration.

Before choosing a remedy and method of legal protection, an in-depth analysis of the case materials and the development of an optimal strategy to protect the interests of a person whose rights are violated at the stage of concluding state or municipal contracts are necessary.

Legal services

  1. Legal analysis of procurement documentation, the concluded contract, judicial practice in disputes on the conclusion of state and municipal contracts
  2. Legal examination of documents and other evidence submitted by the client in a dispute on the conclusion of state and municipal contracts
  3. Consultation of lawyers and attorneys at law of BRACE Law Firm regarding the prospects of judicial and / or pre-trial settlement of the dispute
  4. Legal support in the framework of pre-trial dispute resolution (preparation and submission of a claim, participation in negotiations, etc.)
  5. Development of a strategy and tactics for protecting a client in court
  6. Preparation and filing of a statement of claim (application) and other procedural documents in a judicial dispute on the conclusion of a state and municipal contract
  7. Representation of interests in the court for disputes on the conclusion of state and municipal contracts
  8. Other legal assistance in court cases on the settlement of disputes on the conclusion of state and municipal contracts

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How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Project work
05.
On each stage we inform you about results
06.
We provide the result and prepared documents
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Send us a request with a detailed description of the issue.

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