Contracting contract for construction work Customer establishes a duty for a contractor for a certain period to build an object or to produce construction work. Consider a sample contract of contract for construction work that can be downloaded.
Read in the article:
Significant Terms of Contract for Construction Works
The document must necessarily contain significant conditions. And the parties should coordinate them before signing it. Otherwise, in the event of a judicial dispute, the contract can be recognized as notionless.
This means the absence of the customer the opportunity to demand the fulfillment of obligations from the contractor and apply the sanctions provided for by the terms of the contract. Similar features will be absent from the contractor.
The Russian Federation has previously clarified possible consequences in his informational letter dated 24.01.2000 No. 51 (see paragraph 4). So, without coordinating the condition of the expiration of the term "the customer did not have an obligation to transmit documentation. Therefore, the penalties established by this treaty are not subject to ".
But the parties can confirm the action of the terms of the contract, in particular, by full or partial execution. But in this case, it is impossible to require judges to recognize the contract uncontucted when actions contradict the principle of good faith. The Russian Federation in the information letter dated 25.02.2014 No. 165 noted that the judges should evaluate evidence in favor of maintaining the contract. That is, in terms of uncoordinated, but fulfilled conditions are lost by the need for additional insurance.
The essential terms of the contract for the construction work are as follows:
- thing;
- the timing of its execution;
- composition and maintenance of technical documentation;
- which of the parties and when should provide technocament.
In addition, judges consider an essential condition for the price of the work (post. AU of the Far Eastern District from 11.05.2016 No. F03-1469 / 2016, the Ase of the Volga district dated 04.04.2016 No. F06-8000 / 2016).
Other conditions of contract contract
Disagreement of other conditions will not entail a contract. But at design, still give them attention. Detailed and accurate description will allow in the future to avoid financial costs and legal proceedings. Carefully consider the conditions that the Contractor offers. These may be conditions:
- about payment;
- acceptance of objects and works;
- provision of building materials and equipment;
- quality of construction, guarantees and procedure for elimination of deficiencies;
- insurance;
- additional duties of the customer;
- monitoring
- ensuring the operation of the object.
Please note: when refusing the contractor in the inclusion of the conditions proposed to them in the contract, the judges may consider it that does not contain a substantial condition. The contractor is entitled to declare such conditions when agreeing the contract (clause 1 of Art. 432 of the Civil Code of the Russian Federation).
Sample Contract for Construction Work
We bring to your attention samples on various situations available for download:
- Blanc of contract contract for construction work, favorable customer download
- Filled sample contract contract for construction work download
- Download the Blanc of the Contract for Construction Work, a favorable Contractor
- Download a completed sample contract of construction contractor, favorable contractor
- Blanc of contract contract for construction work with warranty retention Download
- Sample contract contract for construction work with warranty retention download
- Form of the contract of construction work for the customer-physical
- Sample Construction work contract for customer-physical
Also familiarize yourself with the example of the contract, the conditions of which will be beneficial to the customer
Treaty
construction contract number 1Asset, referred to as the "Contractor", in the face of the general director of Vasilves Irina Dmitrievna, acting on the basis of the Charter, on the one hand and LLC Passive, referred to as "Customer", represented by the Director General of Smirnova Peter Petrovich, acting Based on the Charter, on the other hand, the jointly referred to as "Parties" concluded this agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The customer charges, and the contractor undertakes to perform work on the construction of a residential building "A" in accordance with the technical documentation and estimates within the period established by this Agreement.
1.2. The customer undertakes to create the Contractor the necessary conditions for performing work, take their result and pay the work performed in paragraph 1.1 of this Agreement made by the Contractor.
1.3. The technical documentation is developing a contractor and transfers it to the customer approval no later than 10 working days from the date of signing by the Parties of this Agreement.
2. The cost of work and the procedure for calculations
2.1. The total price of all works, materials and equipment necessary to fulfill work under this Agreement is solid and amounts to the amount of 5,000,000 (five million) rubles. 00 cop., Including VAT 18 percent - 762 711 rub. 86 kopecks
The contract price includes all the costs of the contractor associated with the performance of work, including production and operating costs, overhead, the cost of materials, equipment, salary, fiscal deductions, taxes, fees, travel, daily and vacation costs, the cost of fuels , maintenance and repair of equipment and equipment, the cost of temporary materials.
Calculation of Prices under this Agreement is in the estimate for construction (Appendix 1 to this Agreement). Errors made by the Contractor When calculating the rates specified in the estimate are fully referred to at the Contractor's account and are not grounds for changing the contract price.
2.2. The work is considered to be fulfilled by the contractor and adopted by the Customer after signing the parties to the act of acceptance of work.
2.3. The Customer undertakes to pay the work performed by the Contractor during a two-day period from the date of signing the act of acceptance of work, provided that the work is completed and within the period established in this Agreement, or, with the consent of the customer, early.
2.4. The payment of work is made by transferring the amount specified in paragraph 2.1 of this Agreement to the current account of the Contractor.
3. Dates and stages of work
3.3. Terms of delivery of intermediate stages of performance:
4. Term of the contract
4.1. This Agreement comes into force from the date of its signing by the Customer and Contractor.
4.2. This contract was concluded for a period of August 17, 2020. If the contractor does not pass the customer performed on the specified period, the customer is entitled to unilaterally terminate this Agreement.
4.3. Prior to the completion by the execution by the execution by the execution of their obligations arising from this Agreement, the relevant terms of the contract maintain their strength.
5. Ensuring materials and equipment
5.1. Construction work is carried out dependency of the contractor.
6. Responsibility of the parties and the procedure for resolving disputes
6.1. For the delay in the implementation of the work, the contractor pays the customer a fine of 5 percent of the amount of the contract and the penalty at the rate of 0.5 percent of the amount of the contract for each day of delay.
6.2. For assumed deviations from the requirements provided for in technical documentation or obligatory for the parties of this Agreement, construction norms and rules, a contractor for each embonstruction of these requirements is obliged to pay the customer a fine of 5 percent of the amount of the contract.
6.3. Disputes and disagreements that may arise in the execution of this Agreement, the parties will strive to resolve in pre-trial (claim).
The party whose right is violated, before appealing to the arbitration court, is obliged to present the complaint with the presentation of its claims.
The claim is sent by e-mail and at the same time will be sent by mail by registered letter with a notice of delivery. The date of receipt of the claim is the day of its transfer by email. The term for a claim to a claim is set 14 calendar days from the date of its receipt.
The answer to the claim is sent by e-mail and at the same time will be sent by mail by registered letter with the notice of the presentation. If a period specified in the claims, claims will not be satisfied (in whole or in part), the party whose right is violated, has the right to apply to the lawsuage to the arbitration court.
6.4. If in complaintable consent between the parties has not been reached, the dispute is subject to consideration in the Arbitration Court of the Smolensk Region in the manner prescribed by the current legislation.
7. Delivery and acceptance of work
7.1. The Contractor is obliged to send a written notice to the customer upon completion of each interim construction phase specified in paragraph 3.3 of this Agreement, and at the end of all construction work.
7.2. Acceptance of the results must be preceded by preliminary tests.
Tests conducts a contractor in the presence of customer representatives within 30 working days from the end of the work.
7.3. In the period three days from the date of receipt of the notice of the completion of the intermediate construction phase, the Customer must begin acceptance of the relevant stage.
The customer must begin acceptance of all work (completed construction of the facility) on three days from the date of obtaining a positive preliminary test result.
7.4. Acceptance of each stage of work and completed construction of an object is issued by a bilateral act of acceptance, subscribed by the General Director of Passive LLC
P.P. Smirnov on the part of the customer and the general director of LLC "Akt" I.D. Vasilyevoyi from the contractor.
8. Additional conditions
8.1. The customer provides a contractor for the construction site until August 17, 2018. The contractor is obliged to independently fulfill the following activities for the preparation of the construction site to perform work:
- elimination of existing soil contamination (if available);
- demolition, disassembly of structures and transfer of communications, deforestation of plantations capable of creating interference when performing work;
- clearing the construction site from garbage.
8.2. The Customer has the right at any time at its discretion to conclude an agreement with an engineer (engineering organization) in order to monitor the progress of work and (or) decision-making under this Agreement on behalf of the Customer.
The customer is obliged to notify the Contractor on the appointment of an engineer (engineering organization). On the functions, the powers of the engineer (engineering organization) in connection with the execution of this Agreement, the Customer notifies in writing in writing through the provision of a proxy of the representative (representatives) of the engineer (engineering organization).
8.3. The contractor provides registration and during the term of implementing this Agreement, the maintenance of contractor's liability insurance contracts for the harm caused by the construction of other persons in the amount of 3,000,000 rubles. The contractor is obliged in writing to agree with the customer the candidacy of the insurer within 30 working days from the date of the conclusion of this Agreement.
8.4. The warranty period for the work performed is five years from the date of signing the act of acceptance of the completed construction of the object.
8.5. If during the work of the work or during the warranty period on the object or any part of the object, any defects, damage, inconsistencies (disadvantages) will be detected, for which the contractor is not responsible, the Customer within a reasonable time is entitled to send the Contractor a notice in which it will list such shortcomings. (Defects). Within 10 working days from the date of receipt of such notice, the Contractor undertakes to conclude an additional agreement with the Customer to this Agreement on the elimination of such deficiencies at the expense of the Customer.
8.6. The rights and obligations of the Parties not directly provided for in this Agreement are determined in accordance with the Civil Code of the Russian Federation.
9. Addresses and bank details of the parties
Customer:
LLC "Passive"
Address: 317020, Tver, ul. Moscow, d. 17
TIN 6932000017, CAT 693201001,
r / s 40702810400000001234
in Akb "Right",
k / s 3010181040000000123,
Beach 044585123.Contractor:
LLC "Akt"
Address: 317020, Tver, ul. Leningrad, 45
TIN 6908123456, PPC 690801001,
p / s 40702810400000001111
in Akb "Right",
k / s 30101810400000000222,
Beach 044583222.This Agreement is drawn up in two copies in Russian. Both specimens are identical and have equal legal force. Each party has one instance of this Agreement.
10. Signatures of the Parties:
Guidelines for the conclusion of a contract for construction work
For registration of the document under consideration in the article, you will be useful for the preparation of contracts for construction in the Russian Federation (a letter from the Ministry of Internal Affairs of Russia from 10.06.1992 No. BF-558/15). It is a methodological manual for the development and preparation of contracts for the construction of housing, as well as objects of industrial and cultural and social purpose. Management is not mandatory for use. But it contains examples of a contract for the performance of construction work and the specific formulations of those or other items.
You can also take advantage of the international terms of construction contract (1977). The document was developed by the International Federation of Consultants Engineers. It is also not required to use. As a rule, they are guided by construction with foreign participation. Although some of its provisions will be useful in domestic construction.
Civil Code of the Russian Federation
Article 740. Construction contract
- Under the construction contract, the Contractor undertakes to build a certain object or perform other construction work on the task of the Customer established by the contract or perform other construction work, and the customer undertakes to create the Contractor the necessary conditions for the work, take their result and pay the due price.
- The construction contract is concluded for the construction or reconstruction of the enterprise, the building (including residential buildings), facilities or other objects, as well as the implementation of installation, commissioning and other inextricably related objects of work. Rules on the construction contract are also applied to the work on the overhaul of buildings and structures, unless otherwise provided by the contract. In cases stipulated by the contract, the Contractor assumes the obligation to ensure the operation of the facility after its acceptance by the Customer during the period specified in the Treaty.
- In cases where under construction contract, work is performed to meet household or other personal needs of a citizen (customer), the rules of paragraph 2 of this chapter on the Rights of the Customer under the contract of consumer contract are applied according to the contract.
- Learn how to make an answer to the complaint (sample) \u003e\u003e
- See how to make a lease agreement (sample) \u003e\u003e
Nested files
- Blanc of contract contract for construction work for a citizen.doc
- Blanc of the Contract for Construction Works Holding.doc
- Contractor's contract form for construction work. DOC
- Blanc of contract contract for construction work. Customer's benefit .doc
- Sample contract contract for construction work for a citizen.doc
- Sample contract contract for construction work. Holding.doc
- A sample contract of contract for the construction work of the Contractor's benefit .doc
- Sample contract of contract for the construction work of the customer's benefit.doc
The form of the document "The construction contract (sample) contract refers to the heading" Agreement of a household, rental, construction contract ". Save the link to the document on social networks or download it to your computer.
construction contract
______________ "___" ___________ 20__g.
________________________________________________________________________,
(name of company)
we call __ in the future "contractor", in the face ____________________________,
(Position, Full name)
acting on the basis ______________________________________________,
(charter, position, power of attorney)
on the one hand, and _________________________________________________,
(Name of the organization, Fm.o. Citizen)
we call __ in the future "customer", in the face _____________________________,
(Position, Full name)
acting on the basis of ____________________, on the other hand,
conducted this Treaty on the following:
1. The Subject of the Agreement
1.1. The customer charges, and the contractor undertakes to fulfill for its risk
construction work _________________________ (object name
construction) in accordance with the technical documentation presented
Customer, on time set out by this Agreement.
The project was developed ______________________ (developer name)
and approved ______________________________ (by whom, the date of approval).
The term of submission of technical documentation by the Customer:
________________________________________________________________________.
The right of the customer in relation to the land plot,
provided for construction _______________________
object) confirmed ____________________________________________
___________________________________________________ (name and
requisites of the title document - Act on the Declaration of Land
plot, certificates of ownership, contract, etc.).
Construction permit issued ________________________________
_________________________________________ (Organ Name,
name, number Document issuing date).
1.2. The customer undertakes to create the Contractor the necessary conditions for
performing work, take their result and pay made by the contractor
the work indicated in paragraph 1.1 of this Agreement.
2. The cost of work and the procedure for calculations
2.1. Completed in accordance with paragraph 1.1 of this Agreement
paid by the price agreed by the Customer and Contractor. Cost
works under this Agreement is established in the amount of _________________
rubles in accordance with the estimate that determines the price of the work.
The estimate is an integral app to this Treaty.
Payment by the Customer is subject to all work performed by the Contractor in
accordance with technical documentation and estimates.
2.2. Work is considered to be made by the contractor and adopted by the Customer
by payment after signing by the parties to the act of acceptance of work.
2.3. The customer undertakes to pay the contractor and adopted by the Contractor
by payment for work in ______ Time from the date of signing an act of acceptance
work, provided that the work is performed properly and on time,
mounted in this Agreement, or, with the consent of the Customer, early.
2.4. Payment of work is made by transferring the amount by the customer
specified in paragraph 2.1 of this Agreement, to the account of the Contractor.
3. Dates and stages of work
3.1. The start of work is set: ___________________________.
3.2. The deadline for completion of work is established: ________________________.
3.3. Terms of delivery of intermediate stages of performance:
3.3.1. ____________________________________________________________.
3.3.2. ____________________________________________________________.
3.3.3. ____________________________________________________________.
3.3.4. ____________________________________________________________.
4. Term of the contract
4.1. This Agreement comes into force from the date of its signing
Customer and Contractor.
4.2. This Agreement is concluded for a period to _____________. When,
if the contractor does not pass the customer performed on this time,
The customer is entitled to unilaterally terminate this Agreement.
4.3. Before completion by the parties to the fulfillment of their obligations,
arising from this Agreement relevant terms of the contract
keep your strength.
5. Ensuring materials and equipment
5.1. Construction work is carried out dependency of the contractor.
5.2. The customer undertakes to provide the following materials and
equipment required for construction: _____________
________________________________________________________________________.
5.3. Terms of expansion of materials and equipment by type: ____
________________________________________________________________________.
5.4. The cost of delivering and unloading materials and equipment
Customer.
5.5. Acceptance of materials and equipment is carried out
representatives of the customer and contractor and is issued as an act of acceptance.
6. Responsibility of Party
and the procedure for resolving disputes
6.1. For the delay in the work of the work, the contractor pays the customer
penalty in the amount __% of the amount of the contract and the penalty at the rate of __% of the amount
contract for every day of delay.
6.2. For discerncies imported by the customer materials and
equipment Contractor is responsible in the form of ________
________________________________________________________________________.
6.3. For the devoted deviations from the requirements provided for in
technical documentation and mandatory for the parties to this contract
building standards and contractor rules for each embonimity case from
these requirements are obliged to pay the customer a fine of
________________.
6.4. Responsibility of Parties not provided for in this
contract applied in accordance with civil law
legislation operating in Russia.
6.5. Disputes and disagreements that may occur when performing
this Agreement will be allowed to be resolved by negotiation
between the parties.
6.6. In case of impossibility of resolving disputes by negotiation
the parties convey them for consideration in ____________ (specify the place
looking for an arbitration court).
7. Delivery and acceptance of work
7.1. The contractor is obliged to send a written notice to the customer
completion of each intermediate construction phase specified in
claim 3.3 of this Agreement, and at the end of all construction work.
7.2. On time _________________ From the date of receipt of the notice Customer
must start accepting the relevant stage or all work
(completed by the construction of the facility).
7.3. Acceptance of each stage of work and completed by construction
the object is drawn up by a bilateral act of acceptance, subscribed
From the contractor and _______________________
from the customer.
7.4. The customer who took works with obvious disadvantages does not lose
rights to declare them within ____________________ from the date of acceptance
the corresponding stage or completed by the construction of the object.
8. Additional conditions
8.1. Rights and obligations of the parties not directly provided for in
this contract is determined in accordance with the Civil Code of the Russian Federation.
8.2. The representative of the customer on the facility under construction is
Who is entitled
carry out control and supervision of construction and take from
name and in the interests of the Customer's decision on the following issues:
________________________________________________________________________.
8.3. Risks are insured _______________________________
_________________________________________________________________ (what kind,
name of the insurance organization, the date and number of the insurance contract number and
dr.) in the amount of _______________ rubles.
and bank details of the parties
Customer: ______________________________________________________
Contractor: _____________________________________________________
This Agreement is drawn up in two copies in Russian. Both
copies are identical and have the same force. Each party
there is one instance of this contract.
Signatures of the parties
Customer ____________________________________ М.P.
Contractor ____________________________________ M.P.
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Gossip in the working team is quite an ordinary phenomenon, not only among women, as is customary. -
We invite you to familiarize yourself with the anti-Soviet people who will tell you how to talk to the head of the office worker.
Document Information:
Attached file:
1. THE SUBJECT OF THE AGREEMENT
1.1. The customer gives up, and the contractor assumes the performance of which and the deadlines for the delivery (phased) are determined by the attached list and the estimated-order, which are an integral part of the contract.
1.2. The estimated cost of work under the contract is determined by the contract price in the amount of rubles. Payment is made as intermediate objects (types of works) by payment orders, broken down by quarters.
1.3. The term of the approved design and estimate and other technical documentation is provided to the customer to the "" year.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The contractor must:
- qualitatively to make an entrusted work in accordance with the design and estimate and other technical documentation, on their own, tools, mechanisms and materials in compliance with the construction standards and rules and to pass the customer fully completed. The deadline for the final execution of the work is established "" of the year. The deadlines for performing individual stages are determined by the attached calendar plan.
- on the readiness of the intermediate work to be submitted in writing to notify the customer for days.
- take measures to ensure the safety of property entrusted to him.
- if you need to exceed estimates of expenses, as well as the occurrence of circumstances impeding the performance of work, to warn the customer about this no later than the days.
2.2. The customer undertakes:
- to take from the contractor to work for a day from the date of receipt of written notice from him about its end.
- pay for the work of the Contractor in the time set by the Treaty.
3. Responsibility of Party
3.1. For non-fulfillment or improper fulfillment of obligations adopted under the Treaty carry property responsibility:
- for violation of the deadlines (beginning and end), the contractor pays a penalty in the amount of the value of unfulfilled work;
- in case of detection of significant drawbacks as a work done, the Customer has the right to correct the lowers at the expense of the contractor within the% of the total estimated cost of work;
- for the delay in the transfer of design and estimate documentation and other technical documentation to the Contractor in the deadlines established by the Treaty, the Customer pays a fine of rubles for each day of delay.
4. Additional conditions
4.1. The customer undertakes to ensure the safety of materials and tools used in the production of work.
4.2. The validity period of this Agreement is established from the "" year to the "" year.
5. Legal addresses and bank details of the parties
Contractor
- Legal address:
- Mailing address:
- Phone fax:
- INN / CAT:
- Checking account:
- Bank:
- Correspondent account:
- Beach:
- Signature:
Customer
- Legal address:
- Mailing address:
- Phone fax:
- INN / CAT:
- Checking account:
- Bank:
- Correspondent account:
- Beach:
- Signature:
Contracts with separately specified parties.General in a row, contract for the general contract.
Contracts with particularly established conditions.
Ensuring (making and justification) of contracts.
Contract for project and / or survey work.
Agreement, where the Fizliso speaks one of the parties.
Applications (templates) to contract agreements.
Contract "construction" lease (technique, tool, etc.).
Applications (templates) to lease agreements.
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Generally accepted patterns of contracts for construction.
Contract (construction) of general type.Contract (construction) of general type. The contract has a condition for "approximate price", the price itself is specified during the work, according to actual volumes.
Contract contract (construction) of general type, work is carried out dependency of the customer.
Contract contract (construction) of general type, work is carried out dependency of the contractor.
Contract (construction) of a general type (there is a condition for the division of the subject of obligations; several persons perform from the contractor).
Contracts with separately specified parties.
Contract agreement (construction), the implementation (production) of the construction of the facility. Installed price - solid. Agreed by LSM (estimates). There is a condition for the provision of material (s). The obligations to protect the object are prescribed. Separately established the procedure for making changes in LSM, estimates, those. documentation.
Contract agreement (construction), the implementation (production) of the construction of the facility. Installed price - solid. Agreed by LSM (estimates). There is a condition for the provision of material (s). Special conditions are prescribed.
Contract agreement (construction), the implementation (production) of the construction of the facility. Installed price - solid. Agreed by LSM (estimates). There is a condition for the provision of material (s). Specified conditions for the control of the parties for the consumption of materials.
Contract Contract (construction), the implementation (production) of the construction of a residential building.
General in a row, contract for the general contract.
A typical contract (template) of the construction contract concluded between the General Contractor Organization and the Customer.
Contracts with particularly established conditions.
Contracting contract (construction), implementation (production) of work. Separately (especially) stipulated conditions for the provision of material (s) by the Customer.
Contracting contract (construction), implementation (production) of work. Separately (especially) stipulated conditions for the provision of material (s) by the Customer. In additional agreements (DS), the scope of work, their types and / or deadlines are separately established.
Contracting contract (construction), implementation (production) of work. Separately (especially) the conditions for the provision of material (s) by the Contractor are stipulated. The price is fixed. The estimate is fixed. Prepay, one hundred percent.
Contracting contract (construction), implementation (production) of work. Separately (especially) the conditions for the provision of material (s) by the Contractor are stipulated. The price is fixed. It is planned to install payment for work.
Contracting contract (construction), implementation (production) of work. Separately (especially) the conditions for the provision of material (s) by the Contractor are stipulated. In additional agreements (DS), the scope of work, their types and / or deadlines are separately established.
Contracting contract (construction), implementation (production) of work. Separately (especially) the conditions for the provision of material (s) by the Contractor are stipulated. The price is fixed.
Contract for repair and / or finishing works.
Contract contract, execution by the contractor of construction and finishing works.
Contract agreement, execution by contractor repair (current repairs) works in office space. Payment is made on the fact of signing acts of acceptance of work.
Contract agreement, fulfillment by the contractor of the current repairs of the residential premises (work - dependency of the customer).
Contract agreement, execution by the contractor of the work within the framework of the current repair of the premises. The price is specified approximately, refined during the work, in fact.
Work agreement. Maintenance. Installed (accented) conditions for warranty obligations.
Work agreement. Maintenance. Installed (accented) conditions for the payment of advance.
Work agreement. Maintenance. There is an attraction to the work of subcontracting organizations.
Work agreement. Maintenance. Work - depending the contractor. You can not attract subcontractors. Confidentiality.
Work agreement. Maintenance. Several contractors. You can not attract subcontractors.
Work agreement. Maintenance. Non-residential premises. Generally accepted conditions in the contract.
Provision (introduction and substantiation) of contract contracts.
Contract for projects (design) and / or survey (research) works.
A contract of design and / or exploration contract.
Project contract contract. Design work, TK (project task) on behalf of the Customer is manufactured by the designer itself.
Contracting contract for construction work - Sample of this document The reader can download on the link at the end of the article. This type of transaction regulates the relationship between the customer of construction work and the contractor who performs them. How to make a document, what is its essential conditions, rights and obligations of the parties to the agreement, their responsibility, let's tell later.
General provisions on the contract of construction contract between legal entities or individual and legal entity
Regulations on the contract of the contract at the legislative level are enshrined in chapter 37 of the Civil Code of the Russian Federation (paragraph 5 of this chapter). According to this transaction, the Contractor should build an object on the task of the Customer defined by the parties, or perform other construction work, and the customer must create conditions for construction, take the result of work and pay them.
The subject of the transaction can be:
- Construction of houses, buildings and structures.
- Their reconstruction.
- Performing various types of work, in particular, installation of equipment, commissioning works, etc. The only condition is that the work should be associated with the construction object or reconstruction.
- Overhaul of buildings and structures.
The agreement is in writing if at least one of the parties to the transaction is the organization. If the contract concludes citizens, then the written form is mandatory at the price of a transaction more than 10,000 rubles. In practice, it is recommended to draw up a written agreement in all cases. If the contract form is not complied with, in the presence of a dispute, you will have to prove the fact that the transaction has been concluded and work is actually carried out.
The parties of the agreement is the contractor and the customer. The status of the parties can be any, and the transaction can be both legal and individuals. However, at this point, special attention should be paid, because in the case when the Contractor is an individual, the provisions of the Consumer Protection Legislation are not applied.
In addition, in some cases, by virtue of the requirements of Art. 52 Town Planning Code of the Russian Federation requires the obligatory participation of contractors in the SRO. Sample construction contract agreement can be downloaded by reference at the end of the article.
What are the essential terms of the contract? Is there a typical contract contract for construction work
The essential conditions of the contract of contract for construction work are those items that must be binding into the Agreement. In the absence of such paragraphs, by virtue of the requirements of paragraph 3 of Art. 432 Civil Code of the Russian Federation The contract cannot be considered concluded, accordingly, any part of the transaction will be able to recognize it as such through the court.
Recognition of the transaction of the inconclusive entails rollback to the initial circumstances that were before the conclusion of the agreement. Sample contract contract for construction work, which can be downloaded at the end of the article, contains all the essential conditions of the transaction.
Under the construction contract, significant conditions are recognized:
- The subject of the transaction, by virtue of the requirements of paragraph 1 of Art. 432 Civil Code of the Russian Federation. Under the subject in this case it is understood as the volume and content of construction work and the result of labor, for example, ready-made construction.
- Deadline. It is important to specify not only the time when the work should be handed over, but also the term when the contractor will start construction. It is necessary to pay close attention on time.
By virtue of the law, other essential conditions are not provided, however, it is necessary to take into account that the price of the works, the procedure for their implementation (from the materials of the Customer or Contractor), such as the responsibility of the Parties will be reasonable; their rights and obligations; warranty period; The procedure for resolving disputes.
The standard contract contract at the legislative level is not approved, respectively, you can use the sample of the agreement listed on the link at the end of the article.
How to describe the subject of the contract?
According to the requirements of Art. 743 of the Civil Code of the Russian Federation provides two documents that can clearly determine the subject of the contract. These are technical documentation and estimates. Both documents are applications to the Agreement. Thus, it is recommended to prescribe the general characteristics of the subject of the agreement in the contract itself, and indicate a reference to the fact that specific characteristics are contained in the estimate or those. documentation.
If there is a need to go beyond the specified object, the Contractor must notify the customer who decides on this issue. If the subject decides to change the customer, it is limited to a certain framework. The price of the transaction cannot be changed by more than 1/10 part, and the nature of the work should not change significantly.
It is necessary to characterize the subject of work as clear as possible. For example, when building a house in a contract must be prescribed:
- The address in which construction work is held.
- The cadastral number of the object and the land plot on which construction is carried out.
- Number of floors.
- Room area.
- Materials used.
- The procedure for summing up communications.
Turnaround time
Dates must be specified as clear as possible. To do this, you must specify at least two dates:
- The date of commencement of work.
- The date of the end of their execution.
As properly described, the timing can be studied by downloading a sample contract of contract for the construction of construction work at the end of the article.
It is allowed to share work to the steps. In this case, it is necessary to prescribe information about each of the steps, dates of the beginning and end of their completion. This is not necessarily, but simplifies the delivery of work and control over their execution. So, following the completion of each of the stages, you can make an act of acceptance. .
Rights and obligations of the parties to the agreement, the price of the contract
As for the rights and obligations of the parties, they are recommended to include in the text of the agreement, although it is not necessary. In art. The 745 Civil Code of the Russian Federation provides a general rule, according to which the contractor performs all the necessary work, using the materials that he himself purchases. However, in the text of the agreement, you can register the condition that the customer provides materials for construction.
In addition, the Agreement can determine which GUTs and the SNIVA will use the Contractor in its activities. An indication of the obligation to use such standards is useful primarily to the customer itself, which, if necessary, the requirements of the regulatory documents will be able to force the Contractor to bring the object in accordance with the requirements of its account.
The right of the customer is to monitor the implementation of each of the stages of the work, including the fulfillment of all the terms of the contract, supervising the quality of the execution by the contractor of duties. If the customer has no knowledge and skills to control, it can use the services of a specialist. This rule is stipulated in Art. 749 of the Civil Code of the Russian Federation.
The contractor can attract subcontractors to perform individual work, due to the requirements of paragraph 1 of Art. 706 of the Civil Code of the Russian Federation. However, the contract may be spelled out that such actions of the contractor are prohibited, and it must fulfill all the work independently.
The price of the agreement must be determined by the estimate, which is an annex to the main contract, by virtue of the requirements of Art. 746 of the Civil Code of the Russian Federation. In the fact of the contract, the procedure and timing of the transfer of funds can be determined. It is allowed both preliminary payment and post-payment, in fact. In addition, there is a phased payment. For example, when a box of the house is built, the first part of the funds can be listed, and when the entire building is erected - the remaining.
Quality of work and responsibility of the parties
The construction object should be built in accordance with the requirements of the contract, technical documentation, by virtue of the instructions for this in Art. 754 of the Civil Code. The customer, in addition to controlling the quality, is entitled to demand the elimination of deficiencies, by virtue of Art. 755, 756 of the Civil Code of the Russian Federation. Deadline for complaints - 5 years.
For the improper quality of work, the culprit is responsible for the customer. Responsibility may be different. For example, losses may be reimbursed, by virtue of the requirements of Art. 15, 393 of the Civil Code of the Russian Federation, the penalty, by virtue of the requirements of Art. 330 Civil Code of the Russian Federation.
Download a sample contract between an individual and legal entity
Download a sample of a construction contract between legal entities
Thus, the contract must be concluded in writing, if at least one of the parties of the transaction is YUR. Face or if the price of the transaction is more than 10,000 rubles. In addition, it should contain substantial conditions - the term and subject. The transfer of the constructed object is carried out on the act of receiving and transmission.
