Ideas to protect the rights of the performer in court?

Question

Outsourcing

Friends, has anyone had experience of defending in court as an Executor in the public sector?
It so happened that on one of the projects we signed a very unfavorable contract under the pressure of urgency, and in fact without technical specifications (according to the brief).
The customer considers the document to be a full-fledged TOR, which is interpreted unambiguously, we do not think so, more than.
(if anyone is interested, an example of a strange TOR is here )
Based on this set of ideas, we implemented a prototype that includes a small social network for government employees, an internal messenger, a conference application, many admin panels, stand maps, and much more.
Still, the implemented system cannot be considered reliable enough, but the amount of work is very large, including bringing the interfaces to the customer's layouts, and many items that are not included in the TOR, but without which the system is simply impossible.
The customer recognizes the work performed as void, and using broad interpretations of the TOR, claims that even 30% has not been done. He refuses to switch to iterations, our expertise in assessing the scope of work is not recognized, he refuses to accept a transparent system of accounting and payment. Motivates by the fact that you need a finished high-quality product, period, and you need to compensate for the breakdown. The volume of development, the number of people and other trifles do not interest him. Also, from their side, all our requests for documentation are ignored.
The reason for consideration is the transferred advance (return of the advance), which, according to the terms of the contract, is transferred after the implementation of 30% of the project, as well as penalties that can be delayed for as long as you like, and receive an amount exceeding the contract.
We estimated the amount of work actually done, about 40% more than the cost of the contract (they asked to do many functions not according to the TOR), sent all the documents, tables of development hours spent. This work has not been paid for.
The customer wants to consider the case in a particular court, which does not exclude the bias of the judge. Thus, this judge can recognize all our works as insignificant, requests as insignificant.
Please share if anyone had such a serious showdown in outsourcing,
for example down to the collectors?
I am also interested in all possible ways of defense or legal public influence that will help at least close the topic of our debts.

Answer 1

The forum was planned in Ulyanovsk, but took place in Chelyabinsk, and all your work has become, well, nobody needs it? And now the customer jumps out of his pants to return the advance? Or did I google it wrong?
Look for a lawyer who owns the issue. And not on the Toaster.

Answer 2

Here you write everything about TK. And before the examination of technical specifications is still very far away. The first thing to consider is the wording of the contract. Write about Mrs. sector, and the contract was concluded with LLC. Therefore, you need to look at the contract.
It was necessary to cut from 0 less. Such a volume is taken, either with a significant amount of ready-made code, or done on the basis of a finished product (engine). As part of this project, you came up with a job that you don’t need to do. Let's no longer use libraries then and say that this work is necessary within the project. I don't think that if your programmers implement their bicycles with the same functionality each time, saying that there has never been such a bicycle, you will be satisfied as a leader.

Answer 3

you don’t get a toaster, you get a good lawyer, but in general, send inappropriate people right away

Answer 4

to be honest ... then all the functionality is sawn by pulling the skin on the same bitrix. and finishing the site in 8 hours.

Answer 5

Thank you! this is somehow inspiring
. Of course, we will seek consideration in a neutral court, in the place of the defendant.
Unfortunately, that side does not want to negotiate peacefully, except for the option of a complete transfer of all the code by us for free, on account of the advance.