You can draw up a protocol of disagreements both after the conclusion of the contract, and when you are developing the draft of the contract itself. This document is drawn up for the provisions related to the subject of the agreement, and for any other provisions of the agreement. The Civil Code does not impose any special requirements on the form of the protocol, by virtue of which the parties independently agree on its form and content.
Instructions
Step 1
In the protocol, reflect the date and place of drawing up, also indicate the number and date of the agreement, the names and details of the parties to the agreement, as well as the persons authorized to conclude the agreement and the protocol of disagreements.
Step 2
After that, you decide in what form the protocol of disagreements will be written. In most cases, it is drawn up in the form of a table, which contains the views of the parties. Be sure to provide the number and description of the controversial position in the version of the draft agreement, and in the wording of the party that drew up this protocol. In the first column, indicate the controversial provision, and in the other - its revision to be agreed. You can add a third column in which you can provide notes on the controversial provision. Next, put the signatures of the persons competent to conclude the protocol of disagreements.
Step 3
As the protocol of disagreements is drawn up, then you send it to the other party along with the agreement indicating the time period for consideration of the submitted documents. In the treaty itself, do not forget to make a note that "the treaty is in force subject to the protocol of disagreements." Otherwise, the protocol will be a recommendation or as a wish of one of the parties to the agreement, and will not have legal force, which will create difficulties in the future in asserting rights.
Step 4
If you received the protocol of disagreements, then sign it in case you agree with the new wording of the disputed provisions. Further, these conditions of the contract are valid in the version of the protocol, and not the contract. If you are not satisfied with any of the conditions, then draw up a protocol of disagreement for the protocol of disagreements. You draw it up, like the protocol of disagreements, but add another column - "agreed edition", where you indicate the controversial position, taking into account the wishes of both parties.
Step 5
Do not forget to make the inscription "With the protocol of reconciliation of differences" in the first protocol of disagreements. If, after all the actions, the parties do not come to an agreement, then you can offer two options. Draw up a new contract and do all the work from the beginning. Or find another contractor. To avoid this, use the first option.
