Delaying repairs by builders (contractors) is one of the most common problems in practice. Completion of work on the repair and decoration of housing is sometimes delayed for months - due to justified (and not justified) reasons. During this period of delay, customers lose time, money and nerves: after all, what can be more painful than waiting? Moreover, the delay in repairs often leads to losses: often, due to unfinished work, people cannot move into their own apartment! They are forced to live all these months in a rented apartment, while paying the rent.
On this topic today in various sources on the Internet (informational articles, forums) there is complete confusion. Incompetent sources give wrong advice with outdated (2008-2010) or legally illiterate information.
We studied the issue and came to the conclusion that there is practically no correct guide in the public domain on what to do if the builders delayed the repair period, and what rights the customer has in this case.
The lawyer of our site told in detail how to act in this situation (spoiler: everything is quite simple!).
The builders delayed the repair: what should the customer do?
Failure to meet deadlines is a common occurrence during repair work. From the point of view of the law, this is a violation for which liability automatically arises. Moreover, the customer has the right to declare his requirements at each stage of the repair.
We consider cases when repairs are made in a residential area - an apartment, a room, a private house. That is, finishing and repair services are provided to an individual (owner or tenant, tenant of an apartment) for domestic purposes. This does not include the renovation of offices and other premises used for any business for commercial purposes.
The law that regulates situations related to services to individuals for domestic purposes is the federal law "On the Protection of Consumer Rights".
According to article 28 of this law, in cases where the terms of repair prescribed in the contract are violated, the customer (that is, the consumer of these services) at his choice has the right:
- assign a new deadline to the performer (contractor) - that is, demand that all work be completed before a specific date;
- entrust the performance of this work to third parties for a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred (the costs must be documented);
- demand a reduction in the cost of the work performed (the requirement is drawn up in the form of a claim);
- refuse to perform the contract and claim damages.