How To Prepare A Response To A Claim

Video: How To Prepare A Response To A Claim

Video: Construction Claims and Responses: effective writing and presentation | 25 February 2021 2024, April

2024 Author: Sophia Winter | [email protected]. Last modified: 2023-12-17 15:21

The modern practice of contractual relations between legal entities shows that most civil law contracts between them contain conditions for mandatory pre-trial settlement of disputes by submitting claims.

The claim procedure for resolving disputes involves sending a claim to the counterparty with an indication of the time frame for its consideration. Within the specified time, the other party to the contract must send the author of the claim a reasoned answer to it, which can be positive or negative.

In case of disagreement with the requirements set forth in the claim, you must justify your refusal to satisfy them.

The answer to the claim is addressed to the person who signed it, usually it is the head of the organization, so it is best to start the claim with an official appeal to him, for example, "Dear Ivan Ivanovich!"

In the text of the answer, you need to refer to the claim itself, its number, date, briefly state its essence, so that it is immediately clear what is at stake. For example, “Based on the results of consideration of the claim for the collection of interest for the use of other people's funds in the amount of 50,000 rubles. dated 26.12.2013, ref. No. 575657 due to the delay in payment under the lease agreement dated August 12, 2013 No. 565665, I inform you that this claim is subject to rejection on the following grounds."

The following is the reason for the refusal. Such reasons may be, for example, violation of the terms of the agreement by the author of the claim: “According to section 1 of the Agreement, the rent is paid on the basis of a complete set of primary documents (act of work performed, invoice), which is provided by the lessor no later than the 5th (fifth) day of the month following the reporting one. However, the documents for payment were sent by you in violation of the specified period, in connection with which the accrual of interest for the use of other people's funds in this case is illegal."

The response to the claim is signed by an authorized person with the appropriate power of attorney attached.

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