Art. 723 Civil Code of the Russian Federation. Responsibility of the contractor for improper quality of work

. The domestic legislation provides for the contractor's liability for improper quality of work . In one of the norms of the Civil Code, there are several options for bringing the guilty person to it. It is art. 723 Civil Code of the Russian Federation. Let's consider it in detail.

General information

A fairly large number of services are currently provided by individuals or specialized companies. Corresponding relations are documented. . For example, with the citizens providing these or those services, the contract of household work is concluded . It prescribes the obligations and rights of the parties, the main points relating to the provision of services. In case of violation of those or other clauses of the agreement, a claim may be made. , например, при выявлении дефектов в сооружении или неисполнении каких-либо обязательств, ухудшающих использование объекта, может направляться требование исправить ситуацию в разумный срок. The developer , for example, when identifying defects in the construction or failure to fulfill any obligations that worsen the use of the facility, a requirement may be sent to correct the situation within a reasonable time.

Options for conflict resolution

In situations where the service is rendered by the executor with deviation from the points that stipulate an agreement, as a result of which the result of the work has deteriorated significantly, or with other defects that made it unfit for subsequent use, the customer may at his own discretion demand from the contractor:

1. Gratuitously liquidate the identified inconsistencies within a reasonable time.
2. It is commensurate to reduce the cost of the service.
3. . Reimburse expenses for elimination of deficiencies . This requirement may be presented in the event that the right to liquidate defects is stipulated in the agreement.

и возможности заказчика. All these provisions apply if there are no other terms of the contractor's liability and the customer's capabilities. They can be determined by legislation or agreement of the parties.

Executing rights

The Contractor may, instead of eliminating the identified defects, perform the appropriate activities again. At the same time, they will be carried out free of charge, and the customer will be compensated for losses caused by delay. The customer, in turn, must return to the performer the previously received work result, if this operation is possible.

Additionally

In the event that the detected defects were not eliminated by the executor within a reasonable time or are significant and can not be liquidated at all, the customer may refuse to execute the agreement. At the same time, he has the right to demand compensation for losses incurred by him. The condition in the agreement to exempt the executor from liability for specific defects does not exclude the application of established coercive measures. This provision extends to cases where it is proved that inconsistencies arose due to the guilty inaction / action of the hired subject. The contractor, who provided the material for the implementation of the specified activities, is responsible for its quality to the customer. In this case, the rules of article 457 of the Code.

Art. 723 Civil Code of the Russian Federation with comments

In accordance with the norm in question, as a basis for the application of the measures established by the legislation, the customer shall identify defects in the result received from the performer. They, in accordance with Art. , являются: 723 of the Civil Code of the Russian Federation , are:

1. Deviations from the clauses of the agreement, which substantially worsened the state of the result of the implemented measures.
2. Other defects, due to which the object became unusable for the purpose specified in the contract. If the agreement does not establish the relevant criteria, then the possibility of normal operation is assessed.

The above formulation is consistent with the quality indicators that are applied under the rules of article 721 (paragraph 1).

An Important Moment

In the opinion of a number of experts, the name of the art. не совсем согласуется с содержанием. 723 of the Civil Code does not fully agree with the content. Normally, it is not only about measures of impact that are identified when nonconformities are detected as a result of the activities carried out by the parties to the agreement. The article also defines other instruments - the means of operative impact on the performer. According to the provisions of Art. , заказчик может предъявить одно из предусмотренных требований. 723 of the Civil Code of the Russian Federation , the customer may submit one of the foreseen requirements. It can be a non-repayable liquidation of a defect within a reasonable time, a commensurate reduction in the cost of the service or compensation for the costs that the customer will incur to rectify the situation. The injured subject can use these opportunities at his own discretion. However, choosing any one measure, he has no right to apply any other. Here it is expedient to bring the decision of the FAS of the East Siberian District. The act states that the customer, referring to the improper performance of works, filed a claim for recovery of the loss. At the same time, it was established in the Appeal Instance that the subject had previously used one of the possibilities given in Art. . 723 Civil Code of the Russian Federation . Accordingly, he can not reapply to the provisions of the norm.

Private disputes

When the customer applies the opportunity to demand the contractor to compensate for the costs incurred to eliminate defects, if the relevant item is present in the agreement, account should be taken of the provisions of Article 397 of the Code. Normally, the following is indicated. If the debtor does not fulfill the obligation to manufacture and provide the object for economic management, property, operational management or use of the creditor, provide him with certain services, the latter has the right to entrust this to a third party or to implement the necessary measures independently, unless otherwise derives from the substance of the transaction, legislation, Normative acts. At the same time, he can demand compensation from the debtor for the incurred costs and losses. . Thus, for example, a claim can be made to the developer . Experts point out that the possibility provided for in paragraph 1 of the article under consideration should be qualified as a special case of the application of the norm of 397 of the Code in practice.

Disclaimer

In the considered norm the list of admissible measures is not limited. The provisions of the article allow the establishment of additional opportunities for the customer's influence on the performer by legal acts or agreement. So, according to Art. 737 (item 1), if a defect is found during the acceptance of the result or after it during the warranty period or, if not established, a reasonable time, but not later than two years (for real estate - five years) from the date of the specified event, the creditor may use any From the established art. 723 opportunity. He has the right to demand gratuitous re-provision of services, compensation of costs incurred in connection with the correction of defects on their own or with the help of third parties. , то, согласно 739 статье Кодекса, заказчик при нарушении исполнителем оговоренных пунктов может использовать возможности, определенные для него нормами 503-505. If the subjects signed a household contract , then, according to Article 739 of the Code, the customer, if the contractor violates the agreed points, can use the opportunities determined for him by the norms 503-505. Thus, the range of rights of the injured person is substantially expanded.

Evaluation categories

If the customer identifies significant deficiencies, the law grants him the right to use one of the operational measures established by the first point of the rule in question. But in the event that the injured party discovers defects that can not be corrected and do not allow achieving the purpose of the agreement, it can claim damages. A key characteristic of the shortcomings is their materiality. It should be understood as the impossibility or inadmissibility of using the object (result) for its intended purpose. Essential is also a defect, which can not be eliminated or which requires significant costs to correct, or in connection with which the consumer is deprived of what he expected at the conclusion of the transaction. To this category of defects, within the meaning of paragraph 3 of the norm in question, are those that were not liquidated within a reasonable time after their identification by the customer.

Refusal to execute the agreement

It is allowed in the event that the identified deficiencies are unrecoverable. These include, among other things, defects that, once corrected, appear again. It is worth saying that not only shortcomings, but also a deviation from the points of the agreement, can be recognized as essential. For example, it can be expressed in the non-receipt by the executor of a positive expert opinion, which, in turn, makes it impossible to implement the project.