Work or service
A works contract focuses on a delivered result; services focus on actions and records.
Acceptance and scope
Certificates, objections, logs and correspondence define the accepted value.
Materials and advance
Ownership, items at the site and unused prepayment are calculated separately.
Contractor and service provider
| Issue | Works contract | Services contract |
|---|---|---|
| Subject | Creation or alteration of a tangible result | Actions or activity of the provider |
| Core evidence | Acceptance certificate, estimate and work log | Report, service act, system data and correspondence |
| Incomplete performance | Progress and result value can be measured | The actual period or volume of service must be established |
| Termination | Chapter 37 Civil Code rules apply | Article 782 and actual expenses must be reviewed |
What to record immediately
- photos and video of the site, equipment and materials;
- acceptance records, work logs, reports and objections;
- customer property held by the contractor and vice versa;
- unused advance, retention, security and reciprocal payments;
- access credentials, keys, design files and digital results.
Customer claim matrix
| Situation | Potential claim | Evidence |
|---|---|---|
| Accepted work with defects | Warranty, cure or monetary claim | Act, defect schedule and expert evidence |
| Unused advance | Return of the unearned part and possible loss | Payments, estimate and actual progress |
| Contractor materials at the site | Ownership and any lawful retention basis | Invoices, labels and contract |
| Customer property held by contractor | Return of individually identified property | Transfer records and inventory |
| Work continued after the relevant date | Current or registered classification | Period-specific acts and court dates |
Customer action plan
Preserve evidence
Record the site, materials, access and documents with a commission.
Classify the contract
Separate works, services, supply, equipment lease and mixed terms.
Calculate the balance
Compare payment, accepted result, completion cost and defects.
Check the case
Identify filing acceptance, procedure, notices and court orders.
Choose the remedy
Assess continuation, lawful termination, replacement and filing a claim.
If the customer is bankrupt
That is the opposite scenario: the contractor protects payment for completed work. See bankruptcy of the customer. The parties, documents and commercial interests differ.
Frequently asked questions
Must the agreement be terminated immediately?
No. First review the procedure, contract, practical performance and termination grounds.
Is the whole advance returned?
Not automatically. Confirmed work, services and other counter-performance must first be valued.
May materials be removed from the site?
Only after ownership and the legal basis for possession are established.
How are warranty defects handled?
Record the defects, notice, cure cost and link to the accepted result.
Primary legal sources
- Russian Civil Code — general works-contract rules
- Civil Code Article 779 — services
- Civil Code Article 782 — termination of services
- Russian Bankruptcy Law No. 127-FZ
Related guides
Supplier bankruptcy · Advance payment in bankruptcy
Has the contractor stopped work or the provider stopped services?
Initial consultation