Against future payments
Posted: Tue Jun 17, 2025 10:15 am
If you did not complete it (did not complete it, did not pay for it) - fulfill it, after that the obligation ceases.
QUESTION - 16: What is the procedure for the general contractor to return the advance payment under the contract?
An advance payment (prepayment) is a sum of money that is transferred in advance under the contract, , in particular for work to be performed. The advance payment is subject to return to the person who paid only in the event of special database non-fulfillment of the obligation for which the advance payment was transferred, regardless of whose fault it was.
Usually, the parties stipulate in the contract that the customer pays an advance payment, and the contractor must begin work within a certain period. If the contractor does not begin work within the agreed period, from that moment on, the customer has the right to return his advance payment.
If the contractor does not want to return the advance voluntarily, then you must go to court and collect it forcibly.
Similar conclusions of the Grand Chamber of the Supreme Court dated 09/22/20, case 918/631/19, dated 02/21/18, case 910/12382/17.
QUESTION - 17: Are the act of acceptance of completed work in the form "KB-2v" and the certificate of the cost of completed construction work in the form "KB-3" proper evidence that the relevant materials and equipment were used by the contractor to perform work under the contract?
Yes, these documents are proper evidence and the court accepts this evidence!
The conclusions of the Supreme Court, which also stated that this is proper evidence, dated 01/22/19, case 922/1119/18, and dated 12/07/18, case 910/23196/17, are mandatory.
QUESTION - 16: What is the procedure for the general contractor to return the advance payment under the contract?
An advance payment (prepayment) is a sum of money that is transferred in advance under the contract, , in particular for work to be performed. The advance payment is subject to return to the person who paid only in the event of special database non-fulfillment of the obligation for which the advance payment was transferred, regardless of whose fault it was.
Usually, the parties stipulate in the contract that the customer pays an advance payment, and the contractor must begin work within a certain period. If the contractor does not begin work within the agreed period, from that moment on, the customer has the right to return his advance payment.
If the contractor does not want to return the advance voluntarily, then you must go to court and collect it forcibly.
Similar conclusions of the Grand Chamber of the Supreme Court dated 09/22/20, case 918/631/19, dated 02/21/18, case 910/12382/17.
QUESTION - 17: Are the act of acceptance of completed work in the form "KB-2v" and the certificate of the cost of completed construction work in the form "KB-3" proper evidence that the relevant materials and equipment were used by the contractor to perform work under the contract?
Yes, these documents are proper evidence and the court accepts this evidence!
The conclusions of the Supreme Court, which also stated that this is proper evidence, dated 01/22/19, case 922/1119/18, and dated 12/07/18, case 910/23196/17, are mandatory.