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Joala tn 11: contractor agreed to return the remaining advance in four payments

Viru Maakohus · First instance

Contracts and servicesWorks contracts and designPayment, advance payments and refundsApartment association bills, payments and debtsInstalments and payment schedules

Joala tn 11: contractor agreed to return the remaining advance in four payments

Ruling · Viru Maakohus · First instance

Narva linn, Joala tn 11 korteriühistu · OÜ Disainteenused · 80189885 · 12513609

Entry into force has not been reverified

Participants and roles: applicant — apartment association, client commissioning the works; debtor — OÜ Disainteenused, contractor; organisations’ representatives XX

How it started · editorial summary

The association and contractor settled the dispute about returning an advance. The court approved four payments totalling 1 095,82 euros and terminated the case.

The dispute and the court’s decision

The court approved an agreement between Narva linn, Joala tn 11 korteriühistu and OÜ Disainteenused for payment of 1 095,82 euros and terminated the case. The agreed sum includes 1 030,82 euros in principal, a 45 euro fee and 20 euros in procedural costs. The association alleged that the company received an advance for works but the contract was terminated early for non-performance. The parties determined the value of work done and agreed return of the unused advance. The association claimed that the company had returned only part and sought the balance. This is a claim against a contractor, rather than an owner’s apartment maintenance debt. The company initially objected to a payment order and the case was transferred to Viru Maakohus. The participants then submitted a payment schedule and requested an end to the dispute. The court found the agreement admissible and enforceable. It did not separately decide the company’s request to withdraw its earlier objection: after approval, that no longer affected the outcome. Payment was set in four parts: 273,95 euros by 25 April, May and June 2018, and 273,97 euros by 25 July 2018. The company may pay earlier; it bears its own costs. The ruling does not confirm actual performance of the schedule.

Outcome of this decision

Approve the agreement: OÜ Disainteenused pays the association 1 095,82 euros — 273,95 euros by 25.04, 25.05 and 25.06.2018 and 273,97 euros by 25.07.2018; early payment is permitted. Leave the company’s own costs to it. Terminate the case and allocate costs under the agreement.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-18-102661.