If a contractor has received an advance payment and stopped responding, preserve the documents, the condition of the property and the payment history. Distinguish a lack of response from a proven breach of contract: which work should have started or finished, what has already been completed and which amounts are due. Disappearing does not, by itself, establish either the amount to be refunded or the existence of fraud.
The legal part of this article concerns Russia. Different rules may apply to repairs to a private home and to a commercial construction project. Sources were checked on 25 October 2026; the appropriate steps depend on the contract and the circumstances.
Contents:
What should you do on the first day?
Do not make further voluntary advance payments solely in exchange for a promise to “come back soon”. At the same time, check obligations that have already fallen due: properly completed work for which payment is due cannot automatically be treated as free because the contractor is silent. The settlement is governed by the contract and applicable rules, including Article 711 of the Russian Civil Code.
Preserve the contract, estimate, schedule, correspondence and transfer confirmations. Inspect the property and take photographs and video: overall views, completed and unfinished areas, defects, materials and equipment. Record the date, address and participants. Where possible, invite the contractor to the inspection and keep the invitation; record any lack of response separately.
If there is a risk of a leak, an accident or damage to property, arrange necessary protective measures with a competent specialist and record why they were needed. When replacing a team in ordinary circumstances, first preserve evidence of the condition: subsequent work may make it harder to establish the earlier quantities of work and defects.
Do not sign backdated documents or “no claims” acceptance certificates that do not reflect the inspection. Do not appropriate tools left behind or materials belonging to someone else. Ownership, access to the property, the return of items and handover to a new contractor require separate assessment. Article 728 of the Russian Civil Code governs the return of property supplied by the customer where the grounds for ending the contract specified in that article apply.
What evidence should you collect?
Reconstruct the sequence: what was agreed, how much was paid and to whom, what the contractor completed, which deadlines were missed and when communication stopped. Preserve documents even if there is no signed paper contract: whether a contract was concluded and what its terms were are assessed in light of all the circumstances.
- The contract, estimate, appendices and agreed changes to the scope, price and deadlines.
- Bank statements, receipts, written acknowledgements of payment, payment orders and payment references.
- Correspondence identifying the participants and dates, original voice messages and records of notices sent.
- Photographs and videos from before work began and from the current date, acceptance certificates, recorded objections, delivery notes and a list of materials.
- Documents showing expenditure on necessary protective measures and contact details for those who attended the inspection.
Do not edit original files. Keep screenshots together with their context and information identifying the participants. Before handing the property over to a new team, consider whether a significant dispute calls for an independent inspection. A specialist can help describe the condition, but their report does not guarantee the outcome of a court case.
How should you contact the contractor?
Send a calm message setting out the facts: the contract, the advance paid, the work expected, the recorded breach and a specific question. A response deadline that you propose does not replace a statutory or contractual deadline for performance, repayment or notice of withdrawal from the contract.
An illustrative first message: “An advance of 80,000 rubles was transferred under the contract dated 12 September. Work has not continued since 16 September, and our messages have gone unanswered. Please state your position, arrange an inspection of the property and provide information about the completed work and materials by 18:00 on 21 September. After reconciling the information, we will determine our further demand under the contract.” This is not a notice of termination suitable for every situation.
Use the agreed addresses and methods for legally significant communications, and check the recipient’s details. Your usual messaging app may supplement a notice; preserve its content and evidence of sending and delivery, along with the ability to identify the participants. The conditions for electronic communications and the allocation of delivery risk are explained in paragraphs 63–67 of Resolution No. 25 of the Plenum of the Russian Supreme Court, dated 23 June 2015 (in Russian).
How should you choose a remedy and prepare a formal demand?
Before demanding a refund, establish the grounds for withdrawing from the contract and the applicable procedure for ending it. A request for a reply, a proposal to reach an agreement and a legally effective withdrawal have different consequences. Do not use the same “return the entire advance” wording for every situation.
- If the contractor does not start on time, or works so slowly that completion by the deadline becomes clearly impossible, Article 715(2) of the Russian Civil Code gives the customer the right to withdraw from the contract and claim damages. Other breaches require assessment of the relevant grounds and procedure.
- Withdrawal at the customer’s discretion under Article 717 of the Russian Civil Code, unless the contract provides otherwise, involves a different settlement: payment of the part of the price proportionate to the work completed and compensation for losses within the limits set by that article. It cannot automatically be equated with withdrawal due to a breach.
- Where an individual orders work for personal needs from a contractor to whose relationship with the customer consumer protection legislation applies, take account of that special regime. Article 28 of Russia’s Consumer Protection Law governs the consequences of missed deadlines; withdrawal at the customer’s discretion under Article 32 is subject to payment of the contractor’s actual expenses related to the contract.
Primary sources: Part Two of the Russian Civil Code (in Russian) and Russia’s Consumer Protection Law (in Russian). The consumer demands specified in Article 31, including the statutory refund following withdrawal because of missed deadlines, must be satisfied within ten days of the demand being made. This is not a universal deadline for every refund or response under every contract.
Reconcile the advance paid, the quantity and value of completed work, the grounds for amounts credited against it, expenses and any other amounts that must be taken into account. The portion of an advance already paid that has not been earned through performance differs from money that the customer has not yet paid. For illustration: of 80,000 rubles transferred, the parties acknowledge that 20,000 rubles should be credited against the advance, and there are no other amounts to account for in this example. The calculated balance is 60,000 rubles. In an actual dispute, the amounts credited and the demand depend on the applicable grounds for withdrawal and the evidence.
In the formal demand, identify the parties, contract, payments, breach, legal basis, chosen remedy, calculation, deadline and payment details. Attach copies of supporting documents; keep the text, attachments and evidence of sending and delivery. For a business dispute, also check any mandatory procedure before litigation and the deadline for bringing proceedings. The court procedure depends on the parties’ legal status and the demands made.
If there are signs of possible deception, provide the facts to law enforcement. A missed deadline, an unanswered message or the debt itself does not automatically prove a crime. Contacting the police does not replace assessment of civil claims, court deadlines and evidence.
How can records already held in 101 help?
If the project is already managed in 101, recorded receipts and expenses may help reconcile cash movements. The official guide to project reports (in Russian) describes the contents of financial documents and access restrictions. The completeness of the picture depends on the data actually entered and the user’s permissions.
Compare the records with the contract, bank documents, acceptance certificates, correspondence and the condition of the property. A financial report alone does not establish the quantity of work accepted, ownership of materials or the amount legally due as a refund. The application does not replace a legal assessment of the dispute or guarantee recovery.
A digital history helps organise information that you can check and present alongside other evidence. It does not automatically establish acceptance of the work or an advantage in court.
How should you arrange for work to continue?
Before a new team takes over, record the current result, quantities of work, defects and ownership of materials. Establish the status of the previous contract, the protective measures needed and the remaining scope. The new estimate should distinguish completion work, correction of defects and new tasks. This helps keep different contractors’ costs separate.
For subsequent stages, agree measurable results, acceptance, payment, changes to deadlines and notice addresses. Transfer references should be clear, and documents should reflect actual performance. Stage payments limit the amount at risk but do not guarantee a refund in every dispute.
Start with a verifiable history of payments and work, then choose the grounds and the demand. If the amount is significant, there are defects or there is a dispute over ending the contract, give the documents to a lawyer before sending final notices and handing the property over.
