Claim under the service agreement

Each contract contains not only the rights registered, but also the obligations of each party. Often there are cases of violation of one of the parties taken over the contract obligations or their implementation is improperly done. Infringements can occur both from the side of the buyer, and from the supplier (services or the goods).

A claim is a document on the basis of which a settlement of disputes is carried out in pre-trial order. At the same time, the injured party directs to the counterparty the requirement to execute, amend or terminate the current contract, as well as to compensate for the losses incurred or to pay the penalty.

The claim under the contract is not fairly underestimated by many managers and entrepreneurs and the document. Since a qualified and timely written claim under the contract makes it possible to avoid litigation of disputes and save at the legal costs. Trusting the preparation of such a document should only be legally competent people.

The claim is set in order to let the counterpart know what breach of contract is causing your discontent, and also allows you to justify your demands and indicate your intentions with respect to this situation. It also outlines the possible ways out of this situation. A claim under a service contract should lead to a dialogue to resolve existing problems, rather than to stall. In a claim letter, it is important not only the content, but also the time, the timing of its direction.

Do not delay the preparation of such a document. A claim under the service contract is drawn up and forwarded immediately to detect violations of the rules prescribed in the contract. Otherwise, you will miss the time, which can lead to the impossibility of correcting the detected violations. The claim under the service contract must necessarily be in writing, since you can then easily prove that you have done everything possible to reduce the losses incurred to you. When writing, be sure to specify the time during which you want to receive an answer, preferably in writing, where your contractors will prescribe the possible terms for correcting the violations reported.
Claims settlement of disputes between contractors is obligatory:

• If such an order is established by the Federal Law;
• If the claim procedure is stipulated by the concluded contract.

The claim under the service contract, as well as, the claim under the contract of contract is formalized in an arbitrary form, since there is no legal form. But each of them must contain the listed information.

• The specific nature of the requirement
• If necessary, indicates the amount of the claim, as well as its calculation.
• If the period for considering the claim letter is not stipulated by the contract, then it is necessary to indicate this period in the text of the claim. It is more correct to specify the deadline for the performance of contractual obligations or payments, and not the time for the response to a directed claim letter.
• Specific circumstances justifying the requirements with references to relevant legislation.
• List of documents attached to the claim and other information.

The claim under the contract of work, as well as other claim letters, must be drawn up and forwarded to the counterparty within the terms stipulated in the contract. At the same time, it is necessary to attach to it necessary copies of documents that will confirm the requirements.

The claim letter must be signed by the PI, the director or his deputy and sent by mail with receipt of a document confirming the direction (it is better if the letter is sent with a notification of receipt).