Jaak Siim successfully represented construction company in dispute about obligation to issue invoice
Jaak Siim, partner and senior associate of the LEADELL Pilv Law Office, successfully represented a construction company as a defendant in a court proceeding regarding an obligation to issue an invoice based on the fulfilment of an employment contract.
In the court dispute, the applicant filed a claim against the defendant and applied from the court to order the construction company to issue an invoice in amount over 8500 Euro for the additional works performed on the basis of employment contract and to fix the term of one working day for the fulfilment of the court order.
Based on the concluded employment contract, the payment for works was supposed to take place upon issuing invoices. According to the applicant, contractual parties had orally agreed on additional construction works and later determined the works in a hand written document which the applicant considered as annex to the contract. Although the defendant did not provide any invoice, the applicant had allegedly paid 8500 Euro in cash for the additional works and insisted an invoice to be issued.
Tartu County Court refused to satisfy the claim, establishing that the additional works which would qualify as annex to the contract were not proven to have been made and hand written document by the applicant fails to prove any agreement between the contractual parties.
Tartu Circuit Court refused to satisfy the appeal of the applicant and the decision of the county court remained unchanged. The court established that although the employment contract had prescribed the payment for works after issuing the invoice, it does not mean that it is impossible to request an invoice to be issued after the performance of works. However, the defendant has the obligation to issue an invoice only if the additional works were actually performed, which in this case has not been proven in a trustworthy manner.
The court decision entered into force on 20.10.2017.