DEBT RECOVERY CONSULTATION
(dispute regarding payment for stages of ERP system implementation, 2023–2025)
1. Parties and contacts
Client of legal services - Contractor
2. Subject of the request
2.1. Provide a conclusion regarding the possibility of recovering debt for two unpaid stages of ERP system implementation.
2.2. Prepare and send a claim/demand for payment.
2.3. Submit a lawsuit to the commercial court for debt recovery.
2.4. Ensure full court representation (including the enforcement stage).
2.5. Develop a defense strategy against a possible counterclaim (timelines, quality, bugs).
3. Brief background (without confidential details)
3.1. Main contract No. [] dated "" 2023 for comprehensive ERP system implementation, validity period – until "" 2025.
3.2. Additional agreements were concluded annually; the last one – transfer of rights/obligations to a new legal entity of the Client (project "new Client").
3.3. The implementation schedule is divided into 6 stages.
3.4. Acts of completed work have been signed by both parties for 5 stages.
3.5. Only 3 stages have been actually paid; 2 stages (No. [] and No. [], total debt amount [] UAH excluding VAT / [] UAH including VAT) remain unpaid.
3.6. The system has been handed over for testing; errors (bugs) have been identified, and the Contractor is addressing them within warranty obligations.
3.7. The new Client insists on signing another additional agreement, which:
- cancels already signed acts;
- revises price/timelines;
- effectively refuses to pay for two stages.
3.8. Correspondence, internal reporting, and bug tracker will be provided to the lawyer in full (NDA will be signed separately).
4. Goals of the Client of legal services (IT company)
a) Obtain payment for two unpaid stages through pre-trial or judicial means.
b) Retain the right to payment for the 6th (final) stage after its completion.
c) Minimize/exclude the possibility of recognizing delays or improper performance on their part.
d) Prevent the imposition of fines/penalties if the Client files counterclaims.
5. Scope of required services
5.1. Analysis of contractual documentation (contract 2023, all additional agreements, acts, correspondence, SLA, technical specifications).
5.2. Legal audit of risks of counterclaims (timelines, quality, acceptance procedure, warranty obligations, penalties, force majeure).
5.3. Preparation and sending of a pre-trial demand to the new Client – with calculation of penalties and interest for the use of another's funds (Article 625 of the Civil Code of Ukraine, Article 49 of the Commercial Code of Ukraine).
5.4. Formation of a package of evidence: acts, invoices, waybills, e-mails, bug tracker, expert opinions, correspondence in messengers.
5.5. Preparation, submission, and support of a lawsuit in the commercial court (recovery of the principal debt, inflation, 3% annual interest, court fees, if necessary – penalties).
5.6. Representation of interests in the first instance court, appeal, cassation (if necessary).
5.7. Support of enforcement proceedings (seizure of debtor's accounts/assets).
5.8. Development and legal justification of defense against counterclaims (objections, counterclaims for recognizing works as unacceptable, termination of the contract, recovery of damages/penalties).
5.9. Preparation of responses, motions, requests, expert opinions, witness interrogations, participation in hearings.
5.10. Preparation of accompanying legal opinions for management during negotiations.
6. Deadlines
– Pre-trial demand – within [5] working days after signing the Legal Assistance Agreement.
– Lawsuit – within [10] working days after receiving a response to the claim (or after 30 days without a response).
– Court support – for the entire period until actual recovery of funds and/or closure of the counter dispute.
7. Payment for your services
[Specify desired model: fixed fee
Ready to discuss and formalize in the Agreement.
8. Documents we immediately provide
1) Contract 2023 and all additional agreements (pdf).
2) Signed acts of completed work (scans).
3) Invoices, tax invoices.
4) Correspondence regarding the submission of stages and bug fixes (extract from the ticket system, e-mail, Telegram).
5) Draft of the new additional agreement proposed by the Client (with a requirement to cancel the acts).
6) Internal report on the status of implementation and list of open bugs.
7) Registration documents of the Contractor (to confirm authority).
8) Power of attorney/order for signing the contract with the law firm (if necessary).
9. Expected result
Debt recovered in the amount of [] UAH + inflation + 3% annual interest + court costs;
Risk of counterclaim neutralized (denied or reduced the amount of the Client's claims);
Business reputation and contractual relations preserved for the future (at the discretion of the client).
10. Confidentiality
All information is provided on the condition of signing a separate Non-Disclosure Agreement (NDA).
11. Method of submitting a proposal
Please send:
– commercial proposal indicating the fee and deadlines;
– brief information about the team (experience in IT disputes, references, membership in the Ukrainian Bar Association);
– approximate action plan (road-map) regarding the case.
