Performing the work in a way contrary to the contract – how to enforce the rectification of the work from the contractor?

The lawyers of the Law Firm provided legal services to a Client who had entered into a contract with a contractor for the supply of a device for palletizing products.

At the stage of implementation of the contract, the contentious issue between the Client and the contractor remained the non-compliance of the device with the contract, in particular with regard to the performance characteristics guaranteed by the supplier based on the intended use of the device.

Legal assistance of the Law Firm’s lawyers provided at the pre-court stage included:

• conducting discussions and correspondence with the supplier regarding tests of the device, legal support during the tests of the device, and assistance in drafting test notes,
• drafting statements to the supplier, including demands to bring the device into compliance with the contract, demands for payment of liquidated damages and compensation for improper performance of the contract; statements of set-off,
• drafting and addressing summonses to the supplier for completion of missing documentation necessary for the use of the device,
• Participation in negotiations with the supplier,
• Drafting a contract with the replacement contractor who brought the device into compliance with the contract,
• Verification from a legal point of view of debit notes on contractual penalties and costs of replacement performance,
• legal support in the process of final acceptance of the device and preparation of related documentation, including the final acceptance protocol for the device.

The legal support of the Law Firm’s lawyers provided to the Client led to the Client achieving the expected result, including a favorable conclusion of the dispute with the supplier.