What can be evidence in court about the failure to perform contract work?

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Additional evidence includes logs of work performed, time sheets, expense invoices, calculations, invoices, work orders, etc.

Also conduct a construction examination of the facility to determine whether it has been completed or not.



Among the most common cases are the following:

1) a certificate of work performed, signed only by the contractor in the absence of an unreasonable refusal by the customer to sign it (the contractor must prove that he sent the certificate to the customer, the work was actually performed, special database but the customer unreasonably refused to sign).

2) the contractor did not provide evidence of sending the customer the acceptance and handover certificate of the work by the date of the customer's withdrawal from the contract.

3) the certificate of work performed was sent only after the customer applied to the court.

4) the contractor failed to fulfill its obligations regarding the development of technical documentation.

5) after receiving the advance payment, the contractor did not begin work, did not contact the customer with a request to make subsequent payments and accept work already completed.

6) the contractor provides insufficient evidence (additional evidence of the work performed can be provided by a logbook, timesheets, expense invoices, calculations, invoices, work orders, etc.)

7) photographs of the completed work are provided without any other evidence (since it is impossible to establish when, by whom and where they were taken).

A similar conclusion of the Supreme Court dated 01/23/24, case 910/12155/22.

QUESTION - 54: If the customer unjustifiably evades acceptance of the work, without declaring the identified defects or other violations that made it impossible to accept it, is this a breach of contract in the absence of payment for such work?

Yes, this is an indisputable violation! If the customer unjustifiably evades acceptance of the work, without declaring the identified defects or other violations, then his failure to pay for such work is a violation of the terms of the contract and the requirements of Articles 193, 525, 526 of the Civil Code. Established case law of the Supreme Court dated 24.10.18, case 910/2184/18, dated 16.09.19, case 921/254/18.