The construction industry is characterized by high complexity of projects, significant investments and many parties involved. Disagreements between customers, contractors, subcontractors and suppliers naturally lead to litigation. The study and analysis of judicial practice in this area is a necessary condition for minimizing risks, correct drafting of contracts and effective protection of rights in court.

This material provides a systematic analysis of the key aspects of judicial practice in construction disputes based on current precedents and clarifications of the highest courts. The main categories of disputes are considered: disagreements under contracts, collection of debts and advances, penalties and losses, application of rules on unjust enrichment.

Disputes under construction contracts

The construction contract is regulated by Chapter 37 of the Civil Code of the Russian Federation. Judicial practice invariably focuses on the need to clearly define the subject of the contract, the timing of the work and its price.

Features of consideration of various types of contracts

Disputes under contracts for the supply of construction materials are often related to product quality, delivery times and payment. Judicial practice requires the provision of evidence of inadequate quality (expert opinion) and violation of delivery conditions (acts, claims).

Debt collection

The basis for debt collection is the customer’s failure to fulfill or improper fulfillment of obligations to pay for work performed (Article 746 of the Civil Code of the Russian Federation).

Evidence required to confirm the debt:

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