Malmitare and OÜ Hiolen: an invoice did not prove an extra-payment agreement

A signature acknowledging receipt did not prove agreement on extra materials and price.

KÜ Malmitare (now — Narva linn, Malmi tn 10 korteriühistu). OÜ Hiolen sought 500 euros from KÜ Malmitare for additional roofing materials. The main roof-repair contract had been performed: the works were accepted and the agreed price paid. The dispute concerned a separate extra charge. The contractor treated the association representative’s signature on the invoice as confirmation of a contract amendment; the association said it only acknowledged receipt. The court agreed with the association. The contract prescribed a written amendment procedure which had not been followed. The acceptance record, final invoice, correspondence and meeting minutes did not establish an additional agreement. The documents and disputed invoice identified the same roofing material. The signature on the invoice was insufficient to prove a new obligation to pay for materials. The claim was dismissed. Hiolen bears its own and the association’s costs; the latter will be quantified separately after finality. The court granted permission to appeal.

The 500-euro extra charge was refused; OÜ Hiolen bears costs, with the association’s costs quantified separately.