Construction lawyer in Almaty — we read the contract before the first nail is hammered in

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Construction lawyer: works contract, quality of work, acceptance and payment

A construction dispute almost never starts in court. It starts with a contract signed in haste, with an estimate where the volumes do not add up, and with an act the client signed without checking the hidden works. By the time the parties realise that they will have to prove their case in an expert's office or in the courtroom, half of the opportunities are already lost: documents were drawn up the wrong way, deadlines were missed, and correspondence was conducted in a messenger without any record.

A construction lawyer looks at the situation from both sides: for the client — what can be claimed for poor-quality or delayed work; for the contractor — how to recover payment if it is withheld without grounds. The mistakes are most often not in the legal norms but in the facts: defects are not recorded, acceptance is not documented, an act is signed with or without a reservation, the estimate is not tied to the drawings. Below — what to check in a works contract, how disputes over volumes, quality and payment proceed, and which mistakes cost the most.

Construction lawyer: how to read a works contract

A works contract is the basis of all relations: the contractor undertakes to perform the work, and the client — to accept and pay for it. If the document does not describe specific parameters, a dispute is almost inevitable. A construction lawyer helps to spot these gaps before signing.

Most often, conflicts arise over volumes, deadlines, quality and payment procedure: what exactly counts as completed, when delay occurs, how defects are recorded, at what point the obligation to pay arises. A competent construction lawyer explains how to set out these terms so that you do not later have to prove the obvious in court or in negotiations. Mistakes in wording are usually what costs the most: amending a contract before work begins is easier than recovering an advance or collecting a debt for a property already handed over.

• Volumes: specific types and quantities of work, not a general description.
• Deadlines: start and end dates, procedure for extension and acceptance of stages.
• Quality: which norms and standards apply, how defects are recorded.
• Payment: advance, interim payments, final settlement and retentions.

Construction lawyer: volumes, estimate and hidden works

When the dispute concerns the volumes actually performed, the winner is determined not by emotions but by documents. The contractor usually proves that the work was performed and not included in the estimate, while the client proves that the paid volume does not match reality or that part of the work was not done at all. A construction lawyer helps to build the position around as-built documentation rather than around verbal agreements on site.

Discrepancies between the estimate and the actual work most often arise from additional work, replacement of materials and hidden volumes that cannot be recalculated after closing. A construction lawyer focuses on ensuring that every deviation from the design is recorded before work begins or immediately after it is completed. What helps to hold the position on volumes:

• acts for hidden works with photo and video records
• site work log with dates and signatures
• correspondence on approval of additional work and replacement of materials
• as-built drawings and measurements signed by the parties
• delivery notes for materials stating the volume and date of delivery

Lawyer at a construction company: conflicts with subcontractors

When the work on a construction site is carried out not by the general contractor itself but by an engaged organisation, the client often makes claims directly against the performer. As a general rule, the subcontractor is liable to the general contractor, not to the client. That is why in a dispute it is important to choose the defendant correctly: a claim against the subcontractor may be left without satisfaction, and time will be lost.

A lawyer at a construction company first reconstructs the chain of contracts: who signed documents with whom, who accepted the work and who paid for it. If the contract is concluded between the client and the general contractor, claims as to quality, volumes and deadlines are made against the general contractor, even if the defects were caused by the subcontractor. Direct claims against the subcontractor are possible where the client contracted with it itself or where the contract contains a clause on direct liability. A construction company lawyer checks these links before filing a claim, so as not to lose the case on a formal ground.

Construction disputes lawyer: acceptance of work and acts

Acceptance of completed work is formalised by an act. By signing it without comments, the client confirms that the result complies with the contract, and it becomes harder later to challenge the volumes or quality. If there are claims, they are recorded in writing in the act itself or in a separate document: what exactly is wrong, where, and to what extent. Where the contractor evades acceptance, the client is entitled to draw up an act with a note that the other party refused to sign — with the involvement of disinterested persons, this evidence carries more weight.

A reasoned refusal to sign the act is a document listing specific defects and referring to the terms of the contract, not an oral complaint on site. Oral agreements to "finish it later" are not recorded anywhere, and it is almost impossible to reconstruct them in court. If the parties see quality and volumes differently, a construction expert examination is appointed. That is precisely why it is worth involving a construction disputes lawyer at the acceptance stage: they check the form of the act and record the comments so that they do not fall apart in the process. A construction disputes advocate at this stage also helps the contractor — to prove that the work was handed over and the client's refusal was unjustified. In practice, the most costly things are a signature on an act "for the sake of it" and silence instead of a written refusal.

• Act listing the defects: location, extent, nature of the breach
• A separate document with comments if the act has already been signed
• A note that the contractor refused to sign the act
• Written reasoned refusal of acceptance
• Recording disagreements on quality and volumes for expert examination

Construction lawyer: defective work and what can be demanded

If the contractor has handed over work with defects, the client is not obliged to accept what has been imposed. Under a contract for work, they are entitled to demand the elimination of defects, a proportionate reduction in price, or reimbursement of the costs of eliminating them. The choice depends on what is advantageous: wait for the defects to be corrected, recover part of the money, or do it yourself and recover the costs.

Practice shows: the demand determines the evidence. In insisting on elimination, it is important to record that the defects are remediable and that the contractor is evading. For a reduction in price, a calculation is needed of how much the quality is below what was agreed. For reimbursement of costs — documents showing that the costs were incurred or that a contract has been concluded with a third party. Here a legal consultation on construction helps: it allows you to choose the demand that is supported by evidence.

This is what a construction law consultation consists of.

It is better to choose the claim before the expert examination and before filing the claim — changing it later is more difficult. A construction lawyer's advice helps to match the claim with the evidence.

Construction lawyer: quality versus volumes in construction expert examination

A dispute about quality and a dispute about volumes are different subjects of proof, and confusing them is costly. In the first case, the works were performed with defects: cracks, leaks, deviations from the design and norms. In the second, the contractor included works in the act that were not performed, or overstated the footage and consumption of materials. A lawyer in the construction field first determines what kind of dispute this is and, on that basis, formulates the questions for the expert.

A construction expert examination requires a works contract with the estimate and appendices, acts of completed works, as-built documentation, correspondence with claims, and photo or video recording of the defects. The questions are posed specifically: compliance of the result with the design, the contract and the norms, the cause of the defects, their remediability and the actual cost of the works. A practising lawyer in the construction field formulates them so that the expert does not drift into general reasoning.

• Quality: whether there is a defect, its cause, remediability and method of remediation.
• Volumes: which works were actually performed and in what quantity.
• Compliance: the result with the design, the estimate and the mandatory construction norms.
• Cost: what is the real cost of the works performed to a proper standard.

An expert examination answers only the questions put to it: an incorrect wording devalues the opinion.

Construction lawyer: the contractor is not paid for completed work

If the client does not pay for completed work, the first thing the contractor must do is confirm that the result was actually handed over. Until there is evidence of acceptance, any claims hang in the air. A lawyer joining a construction company in such a situation starts with an audit of correspondence, site passes, work logs and witness testimony to build the chain: the work was done, the client is using it or could have used it.

Where the client evades acceptance, the law gives the contractor a tool: send notice of readiness for handover and summon the client to acceptance. If the client fails to appear or refuses to sign the act without justification, a unilateral act is drawn up. Construction lawyers prepare the evidence base in advance, without waiting for court — otherwise it is almost impossible to reconstruct it after the fact. The following documents usually form it:

• acts of completed work, signed or drawn up unilaterally;
• notices of readiness for handover with proof of delivery;
• correspondence between the parties and work production logs;
• a specialist's opinion on the scope and cost of the work actually performed;
• as-built documentation and site passes.

Construction lawyer: the client demands the return of the advance

If the contractor received an advance but did not start work or performed it only partially, the client is entitled to demand the return of the unworked amount. In essence this is the contractor's debt: it either works off the advance or returns the money. But if the contractor has already purchased materials, brought people to the site and completed part of the scope, it can set off those costs and the work actually handed over.

For a construction lawyer, the key question is what is confirmed by documents. An advance without an act and without recorded scope is treated by the court as the contractor's unjust enrichment, and then the client is entitled to demand the return of the entire amount. But where there are acts of hidden work, as-built documentation and invoices for materials, the contractor proves that the costs are real and returns only the unspent balance. Construction lawyers in such disputes first separate these two parts and only then calculate the balance.

• Payment order with the reference «advance»
• Act of completed work or interim acceptance
• Invoices, receipts, contracts for the purchase of materials
• Correspondence on the timing and reasons for the stoppage of work
• Expert opinion on the scope and cost of the actual work

Construction lawyer: permits and unauthorised construction

The absence of construction permits is not a formality but a risk that catches up with the parties at the most unpleasant stage: acceptance, payment and registration of the object. If the work was carried out without a permit, the building may be recognised as unauthorised, and then the client risks being unable to put it into circulation, while the contractor risks not being paid for the scope actually performed, since the object legally «does not exist».

A construction company's lawyer usually starts by checking the source documents: whether there is a construction permit, whether the design complies with it, and whether the land rights are properly formalised. Construction lawyers assess whether it is realistic to legalise the object or rebuild it to permissible parameters, and how this will affect disputes over payment and quality. The earlier a specialist is brought in, the more options there are to preserve both the object and the money.

• Construction permit and its validity period
• Compliance of the actual building with the project and the designated use of the land
• Rights to the land plot and urban planning restrictions
• Suitability of the property for legalisation or reconstruction

Lawyer for construction and shared participation in construction

Disputes between a shared-equity participant and a developer are not construction contracting in the pure sense. Shared participation in housing construction is governed by a separate law on shared participation, and such conflicts are subject to their own rules: a special procedure for concluding and registering the contract, requirements for the deadline for handing over the property, and liability for delay. That is why what is needed here is a lawyer for shared participation in construction, not one who handles ordinary contracting cases.

If you have invested money in a building under construction and the developer breaches the terms, the procedure and the list of evidence will differ from those in a dispute over the quality of repairs or payment for work. Similarly, when a developer makes claims against a contractor, that is also a separate line. Details on recovering a penalty, terminating the contract and protecting the rights of a shared-equity participant are on the page about disputes with a developer.

• Subject of the dispute: not the result of the work, but performance of the shared participation agreement.
• Documents: the contract, receipts, the acceptance certificate, correspondence.
• Deadlines: handover of the property, remedying defects, payment of the penalty.
• Where to apply: the court at the location of the developer or the claimant.

Construction lawyer: support of the transaction from the project to acceptance

Legal support of construction covers the entire path from the project to signing the acceptance certificate. At the outset, the counterparty is checked against public registers, court cases and enforcement proceedings, and then the contracting agreement is reviewed: subject matter, scope, estimate, deadlines, acceptance and payment procedure, liability. Over 11 years in construction disputes and more than 180 reviewed contracting agreements, it is clear that conflicts are most often built into the wording, not into the quality of the work itself.

Next, the construction lawyer's services include recording the stages: interim certificates, photo and video recording, correspondence, the work log, as-built documentation. If a dispute has begun, pre-action work is prepared with a calculation of the claims, and if necessary, a claim is filed with the court and the expert examination is supported. Both customers and contractors litigate, so a position based on documents, and not only on oral agreements, matters.

• checking the counterparty and assessing risks before the transaction
• reviewing the contracting agreement and its annexes
• recording the stages, scope and hidden works
• pre-action claims, negotiations and preparation of a claim for court

Construction lawyer: the mistakes that cost the most in a dispute

The most costly mistakes are those that seem like trifles at the moment they are made. An acceptance certificate signed without comments is later almost impossible to challenge: the court proceeds from the fact that the customer accepted the result voluntarily. Failure to record hidden works removes the ability to prove that the utilities were laid in breach, since they cannot be opened up without destroying the finish.

A separate trap is correspondence in messengers instead of pre-action claims and approvals. Messages are easy to delete, they do not confirm the author's authority, and disputed scope without written demands turns into word against word. A construction lawyer at the start of a conflict assesses what has already been recorded in documents and builds the position only on that. A construction lawyer sees the difference between an everyday arrangement and evidence that the court will take into account.

• An acceptance certificate without a list of comments and without indicating unfinished items
• No certificates for hidden works before the structures are closed up
• Agreeing scope and additional works verbally or in correspondence
• No written pre-action claims and demands with proof of delivery

Until defects, volumes and hidden works are documented, a dispute turns into a contest of versions; it is not the one who is right in substance who wins, but the one who has kept the evidence.