A. Daumani 9: designer’s claim for remaining payment dismissed

The design fee dispute depended on the agreed window count, fire safety and the client’s acceptance of the result.

The court dismissed OÜ NARVA EHITUSPROJEKT’s claim for the remaining facade design payment from the apartment association A. Daumani tn 9 because the work did not meet agreed terms. OÜ NARVA EHITUSPROJEKT sought 2 016 euros outstanding for a facade reconstruction design, late-payment interest and 40 euros in recovery costs from Narva linn, A. Daumani tn 9 korteriühistu. The association had paid a 504 euro advance but refused the final design and ended the contract. The disputed term was the number of basement windows: the client insisted on 15, while the designer invoked fire safety requirements and supplied a version with more. The court found 15 windows an agreed essential term despite the number not being separately stated in the signed contract. This followed from the initial design, correspondence and explanations. The design also had to meet mandatory safety requirements. The first version lacked the necessary smoke extraction analysis. The later version took fire safety requirements into account but departed from the agreed window count without client consent. Neither version therefore complied with the contract. Administrative approval alone did not replace compliance with contractual terms. The association objected in time and refused acceptance. The court treated its termination notice as lawful withdrawal from the contract for breach. The designer also withheld permission to use the work until full acceptance, so there was no basis to pay for a separately delivered part. The claim was dismissed in full, with costs allocated to the designer and the amount set later. The court did not assess another provider’s design or the lawfulness of its approvals.

Dismiss OÜ NARVA EHITUSPROJEKT’s claim in full. The claimant bears all court costs, with the amount determined after entry into force.