I did not specify the dates in the contract - I stayed with my nose!
In one of Habr's blogs, there was a survey about what type of contract is concluded by website developers.
Often this is a contract. Most of the contracts for the development of the site do not indicate the dates of commencement and completion of work, but indicate the duration of the stages in working days, according to the plan. At the same time, the beginning of a stage can be tied to an event, for example, the beginning of works to the receipt of an advance on the contractor’s account. And here lies the ambush.
Found a curious decision of a Moscow court. If I truly understood everything there (oh, these are the chichenkos), then one company entered into a contract and did work, and the other company did not fulfill the payment obligations.
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And what would you think? The court denied the contractor a claim for recovery of debt, as the contract signed by both parties between the contractor and the customer was declared not concluded due to the lack of dates for the commencement and completion of the work!
Thank you, bl ... s, to our lawmakers. Now, if in advance it is not possible to determine how long the design coordination by the customer will last, then how to be? Write a clear date and surrender to the mercy of the customer? Or each time to make an additional agreement on the postponement ??
By the way, even if you write a hundred times in the header, that this is a contract for services, the court can still recognize it as a contract, considering its content (work is being done to achieve and transfer a certain result to the customer)?
Often this is a contract. Most of the contracts for the development of the site do not indicate the dates of commencement and completion of work, but indicate the duration of the stages in working days, according to the plan. At the same time, the beginning of a stage can be tied to an event, for example, the beginning of works to the receipt of an advance on the contractor’s account. And here lies the ambush.
Found a curious decision of a Moscow court. If I truly understood everything there (oh, these are the chichenkos), then one company entered into a contract and did work, and the other company did not fulfill the payment obligations.
')
And what would you think? The court denied the contractor a claim for recovery of debt, as the contract signed by both parties between the contractor and the customer was declared not concluded due to the lack of dates for the commencement and completion of the work!
Thank you, bl ... s, to our lawmakers. Now, if in advance it is not possible to determine how long the design coordination by the customer will last, then how to be? Write a clear date and surrender to the mercy of the customer? Or each time to make an additional agreement on the postponement ??
By the way, even if you write a hundred times in the header, that this is a contract for services, the court can still recognize it as a contract, considering its content (work is being done to achieve and transfer a certain result to the customer)?
Source: https://habr.com/ru/post/7752/
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