Construction Disputes: Where Legal and Engineering Expertise Meet
A construction dispute in Moscow is usually decided by technical evidence: completion certificates on forms KS-2 and KS-3, cost estimates, work logs and expert reports on volumes and defects. Elena Petrova handles these cases in arbitrazh courts for contractors, subcontractors, customers and developers.
Her background includes an engineering degree in real estate expertise and management and training in construction pricing. In practice this matters when questions for a court-appointed examination are drafted and when an expert is questioned on his methods.
Getting Paid for Completed Works
A contractor often faces a customer who simply refuses to sign KS-2 and KS-3. Under the Civil Code, a one-sided acceptance certificate remains valid evidence unless the customer gives reasoned objections. The contractor needs proof that the works were presented for acceptance: cover letters, courier receipts, emails to the addresses named in the contract.
If the customer claims the works were not done at all, the court may order an examination of actual volumes. Photos, executive documentation and the construction log then become decisive.
Retentions, Guarantees and Late Payment
Many contracts keep a retention of several percent until the warranty period ends. Once that period has passed, the contractor can demand the money back together with a penalty or interest for delay. Bank guarantees are another frequent battleground: a customer may call the guarantee without real grounds, and the contractor then sues for unjust enrichment.
Defending Against Delay and Quality Claims
Delay is often caused by the customer. Late handover of the site, missing design documents or unpaid advances all shift responsibility. The Civil Code requires the contractor to warn the customer in writing and suspend work when obstacles appear (Articles 716 and 719). Without such letters this defense becomes much weaker.
Claims by Customers and Developers
Customers recover delay penalties under Articles 330 and 708 of the Civil Code and demand rectification of defects or a proportionate price reduction. The contractor will almost always ask the court to reduce the penalty under Article 333, so the claim should show real losses from the delay.
Expert Examination in Construction Cases
| Question for the expert | Who usually raises it | Documents needed |
|---|---|---|
| Actual volume of works | Contractor | KS-2, executive drawings, log |
| Quality and cause of defects | Customer | Defect reports, photos, project |
| Cost of rectification | Customer | Estimates, market prices |
| Compliance with the project | Either party | Approved design documentation |
The wording of questions and the choice of expert institution often shape the result more than oral argument.
Abandoned Sites and Termination
When a contractor leaves the site, the customer should record the stage of works with an inventory act, preferably with an independent specialist. Termination is then followed by settlement of advances, completed works and penalties. A missing inventory act leads to long disputes over who built what.
What to Send for Assessment
For a first review, send the contract with annexes, signed and unsigned certificates, correspondence about delays and payments, and any claims already received. Practice examples, such as full recovery for a subcontractor or a sharply reduced penalty, are described on the Results page.
The main channel of communication with the advocate is email: lawyer@lawyer-moscow.com.