Claim for payment of forfeit

[Адвокат]

Claim for payment of forfeit

STATEMENT OF CLAIM
to arbitration court

To the Arbitration Court
______________________________
The address:________________________
Claimant: ________________________
(organization)
The address_________________________
Defendant: _____________________
(organization)
The address:________________________

STATEMENT OF CLAIM
in the amount of ________ rubles

The plaintiff addressed the Respondent claim N____ from
"___" _______ 20 ___ in the amount of _____________ for violation of the start dates
contract work, which were determined by the contract N____ from
"___" _____ 20 ___
Despite repeated warnings of liability for
violation of the deadlines for the start of work, which ultimately led to the disruption
the commissioning of the object, the Respondent has not yet begun to work.
Our claim is N_____ of "___" _____ 20 ___ The defendant did not admit
Recalling that he lacks the necessary materials to start
production work. The defendant's objections cannot be considered substantiated,
since at the time of conclusion of the contract he had available all the materials.
We ask the arbitral tribunal on the basis of the above to recover from
Defendant's penalty for late start of contract work in
the amount of ________ rubles and the cost of the state duty in the amount of _________ rubles.

Applications:
1. Extract from the contract N______ from "___" _____ 20 ___ g.
2. A copy of the agreed work schedule.
3. A copy of the claim of "____" _______ 20 ___ g.
4. Copies of warning letters to the Respondent.
5. Response to the claim of "___" _______ 20 ___ g.
6. Receipt from "___" _____ 20 ___ about sending a statement of claim
The defendant.
7. Payment order dated "___" ______ 20 ___ g. N____ to pay
state duties.
Manager (Customer) (signature)

M.P.

COMMENT OF SPECIALISTS

The features of the contract is its retribution (customer
obligated to pay for work performed), reciprocity (parties have rights and
bear responsibilities towards each other) and consensuality (contract
considered to be concluded at the time of achievement between the customer and the contractor
agreement on all material terms).
A work contract formalizes the relationship between two organizations,
organizations and citizens and between citizens.
A contract should be distinguished from other performance contracts
work, in particular, from an employment contract, a contract for
capital construction and other contracts.
The execution of the contract does not only satisfy interests
enterprises and organizations, but also the household needs of citizens. In that
the case is the conclusion of a contract for a domestic order having
specific features. In particular, according to article 376 of the Civil Code of the RSFSR
the conditions restricting the rights of the customer are recognized as invalid, and,
on the contrary, extension of rights is allowed in comparison with those that
established by model contracts.
In modern conditions of expanding the independence of enterprises,
with a variety of forms of ownership, activities of enterprises in conditions
market relations the importance of legal regulation
a type of contract, such as a processing contract, in
according to which the manufacture of products is made from raw materials and
Customer materials.
Source: https://zonazakona.ru/

 

[Матушкин Андрей Николаевич]

Thank!