How to make a construction contract

Features of drawing up a contract for holding construction or repair work: specificity, main items, estimated project documentation.

Photo: Legion-Media

Repair and construction works are so clouded and costly that they are often compared with the Ecumenical Flood. Have you decided not to engage in amateur and resort to service and repair brigades? Then, first of all, it is necessary to compile a construction contract, fixing all your wishes and preferences in it and ensuring warranty to resolve controversial situations, if any suddenly arise.

So, you are ready to make a decisive step and start repairs, but you know that it will not be able to implement independently. The preparatory stage of repair or construction consists of several elements.

First, it should be decided on the volume of the upcoming work (we can consecrate it by the technical part).
Secondly, based on the repairs plan (or construction), it is necessary to make a estimate - it will help to navigate in the amount of costs (this is the material part of the preparation).
Thirdly, it is necessary to conclude a contract that will determine your relationship with the contractor (this part is legal). All three elements are interconnected.

We will not talk about how to choose a contractor, and let's start immediately with the settlement of legal formalities. Moreover, the design and estimate documentation of repair or construction is an extremely important part of the contract.

Specificity of the contract of construction contract

Following the norms of the Civil Code of the Russian Federation, we will conclude a contract of construction contract. It is necessary if it is necessary to carry out the construction of the building, repair of the room, as well as carry out installation or commissioning work (Article 740 of the Civil Code of the Russian Federation).

Under the construction contract Contractor (that is, a brigade of builders or repair workers) undertakes to build on a set time on the task of the Customer (that is, your definite object or to perform repair work, and the customer is to create the necessary conditions for their implementation, take the result and pay the established contract Price.

It seems that everything is quite simple, but the contract of contract for construction or repair work is quite complicated. Each object of real estate has its own characteristics, various brigades are involved in the performance of work, and the timing of the order and the size of the material costs of the parties is quite large. And most importantly - the final result of the implementation of the contract: your home, which I want to make the most cozy and comfortable.

That is why at the stage of concluding a contract, you can and need to do everything in order to unless that if you do not exclude the occurrence of conflict situations, then at least to envisage them. After all, everyone is clear that almost any dispute between the customer and the contractor in construction can lead to a tangible losses for both sides, not only material. There are cases when the builders are displeased by the behavior of the homeowner left him "surprises" in the form of a twisted chimney or a raw egg behind a wooden trim.

The content of the contract

The content of the construction contract depends on many factors to which the scope of repair or construction, the wishes of the parties, the composition of the repair brigade. That is why the forms of the contract for all occasions are simply not. To determine the conditions for the work of contracting organizations will be the customer himself, that is, you. You initiate a construction or repair, provide a project of work (documentation and estimates), as well as an object and, most importantly, are the consumer of the completed construction or repair facility.

First of all, it is worth saying that the construction contract concludes in simple writing. Each contract of construction contract is unique, as well as the object of construction or repair itself. The contract must be specified:

name of the parties, subject of the contract;
turnaround time;
the procedure for performing work, price and procedure for calculating the parties;
duties of the customer and contractor;
the procedure for controlling the quality of the quality of the work carried out by the contractor, the mechanism of delivery and acceptance of work, guarantees of the quality of work;
settlement of disputes;
legal relations with subcontractors;
The foundations and procedure for suspending the work and termination of the contract.

The main points of the construction contract

Features of drawing up a contract Let us consider on the examples. We use the ordinary contract to repair the apartment.

1. The Subject of the Agreement

Forward turn, we turn to the subject of the contract - it is not only the work that must be carried out, but also their result. The contract must be exactly indicated whether you want to make a major overhaul or are willing to limit the cosmetic, whether to build a country house, finish it and bring communication or pay only the construction of a brick box.

2. The procedure for providing materials

The next question that must be enshrined in the contract is the procedure for providing materials necessary for repair or construction. Traditionally, these materials contractor purchases independently by agreement with the customer. But if you want to get everything you need yourself, there are no obstacles in law. It is enough just to foresee this in the contract.

This solution is most relevant in cases when it comes to repair, especially if you attract a designer or decorator, - through the contract you can consolidate your requirements for the design of the apartment and materials that will be used (for example, fliseline, and not vinyl or tissue wallpapers , and you are going to choose and buy them yourself).

3. Quality Materials

That side, the responsibility of which includes the construction of construction, is responsible for the quality of building materials. Therefore, if the materials purchased by the customer cannot be used (or possible, but this will adversely affect the quality of repair or construction), the Contractor has the right to demand the replacement of materials or equipment within a reasonable time. In case of non-fulfillment, the contractor has the right to refuse to execute the contract and demand from the Customer not only to pay for the works that were produced, but also to compensate the losses from the downtime of a construction team, not covered with this amount.

In many ways, the result of repair depends on how well the interaction between the contractor and the customer is established. Lawyers are advised to include in the contract the items obliging the contractor to inform the customer information about the progress of work. Then the customer will always be able to promptly adjust the action plan or replace building materials whose quality causes doubts from the contractor.

Photo: Murexin.

4. Terms of work

The contractor undertakes to carry out the work specified in the contract within a certain period, which should also be specified. Of course, there is a chance that the process will delay and the deadlines will have to be reviewed, but this should also be provided in the text of the contract.

The day from which the work begins is most often associated with the date of the construction site, but sometimes with the date of payment of an advance or the transfer of the customer the parts necessary for the repair of materials. In addition, at the request of the customer in the contract, it is possible to establish an interim period of performing certain types of work (the end of the construction of individual parts of the structure). Typically, the contract is negotiated and penalties if the contractor violates the time of work.

As practice shows, items concerning acceptance of work are one of the most important parts of the contract. The ownership of the constructed object or the results of the repair finally proceeds to the customer after signing the appropriate act. From now on, it is not only the warranty period for your repair or construction begins (which can be 5 years old), but is determined by the limitation period, if the quality of work does not suit you

5. Terms of early termination of the contract

Another important point: in the contract it is necessary to register the conditions for its early termination on the initiative of the customer. At any stage of construction or repair, the customer has the right to refuse to complete their completion. In this case, the Contractor must receive the payment of those works that have already been carried out, as well as a penalty. If you assume the likelihood of monetary difficulties during construction or repair, in the contract it is possible to provide the possibility of suspension of work.

6. Risk Responsibility

As a general rule, the responsibility for the risk of random death or damage to the object to its acceptance by the customer carries the contractor. But sometimes damage is caused by the quality of materials or equipment that provided the customer. Then, provided that the contractor warned the Customer that the use of these materials could worsen the quality of work or generally lead to the complete destruction of the object, the Customer would be obliged to refund the cost of the work performed.

7. Cost of work

The price specified in the contract may be solid or approximate (it is also called open). If the contract does not notice which the price is determined, it is considered that this is a firm price, that is, it does not change during the entire construction period and indicate it together with a specific period of work. The difference between this price and the actual cost of repair or construction and is the income of the contractor (therefore, the contractor, interested in reducing construction costs, must comply with the balance between the quality of work and the cost of materials). In the event that the actual cost of construction exceeded a firm price, the contractor repays the difference at his own expense.

The solid price can also be determined on the basis of the estimates of the previously constructed (or repaired) similar object, taking into account the current level of prices, for which the contractor will use the coefficients of recalculating the estimated cost of construction (they establish regional pricing centers in construction).

In the meaning of the provisions of the Civil Code of the Russian Federation, regulating the mechanism of payment for work produced, it is assumed that work is paid at their end. The amount of payment is provided by the estimate, and the deadlines and order are set by the construction contract. As the calculated, any period necessary for repair or construction (month, quarter, year) is defined. In addition to the contract, make a schedule of work and payment of work - so you will receive additional opportunities to control the quality of work at each stage. Such a schedule will be an application to the contract. In some cases, the Contractor may insist on making a prepayment (usually do it for large volumes of work). In more detail at the price of the contract, we will focus on considering issues related to the preparation of estimated project documentation.

8. Acceptance of work

At the end of the work is acceptance. It is usually produced at the expense of the Customer. Do not forget to include in the contract the procedure for conducting preliminary tests of engineering systems or their parts (especially if representatives of controlling state bodies should be present. For example, if, in your project, flood floors should be arranged in the apartment, the built-in electrical system must be checked for its fire safety.

The delivery of work is issued by the act that the contractor and the customer must sign. True, the customer (or dissatisfied with the contractor's incomplete amount of payment) has the right to refuse to sign an acceptance and acceptance act, what makes a note in the document, which the other party is assigned to the signature. The emergence of disagreements in the process of receiving the work may be a reason for appealing to court and disputing the contract. But it must be remembered that such a one-sided act of passing or acceptance court will consider invalid if the motives of failure will be recognized as reasonable.

Special guidelines on how the contractor should behave if the customer did not accept the results of work on time, there is no law. Therefore, it is better to specify the deadline for acceptance in the contract. Without accepting for some reason, the work done on time or deliberately tightening the acceptance, you should know: the risk of random death of the object is recognized by the transmission to the customer from the moment when its transfer should take place.

9. Warranty period of repair

Interestingly, construction and repair works have a warranty period. It may be in accordance with the Civil Code of the Russian Federation for 5 years. Pay attention to this: if in the text of the contract that the contractor proposes you to sign is listed, then this infringe on your rights and violates the norms of Art. 756 of the Civil Code of the Russian Federation, which fixes the marginal five-year term of detecting the deficiencies of the quality of construction work (not to be confused with the general contract of the contract, for which the limit warranty period is 2 years, which is enshrined in paragraph 2 of Art. 724 of the Civil Code of the Russian Federation). During this time, the Contractor is responsible for the disadvantages found by the customer. True, it must be remembered that some of the disadvantages of repair or construction can be associated with the normal wear of the construction or repair object, its incorrect operation or non-compliance with the instructions for the operation, developed by the customer himself or by their third parties.

To protect your construction or repair, you can insure it, the benefit of the Civil Code of the Russian Federation provides such an opportunity. Insurance in the construction contract has its own temporary borders - it stops together with the termination of the contract itself and applies to the results of the labor of the contractor. First of all, they insure the risk of random death or damage to all used in construction or in the repair of property, including various kinds of materials.

Finally, the text of the contract is completed by the details of the parties and signatures. Pay attention to the name of the contractor, that is, the organization that will perform all the work. It is necessary that the contractor's legal address is specified in the contract corresponding to its constituent documents (if your contractor is a legal entity) or the address of actual residence and passport data (when you hire a specific employee).

Be sure to check that the contract is made:

Rooms of bank accounts contractor-organization,
Certificate of State Registration Contractor
Contractor's license information
The individual taxpayer number (both for the contractor-organization and for the contractor - an individual).

Especially closely learn the license - so that the deadline for which it is issued is not over in the middle of the construction and repair process.

All information about the contractor and the customer must be complete and accurate. Note that in the event of disputes between the parties and the appeal to the court, the documents are often sent at the specified addresses. In addition, the collaboration arrest on the current account, named in the contract, can be applied as collateral.

Estrase will help you determine the cost size. When drawing up a contract, pay attention to when and in what order you have to pay with the contractor, the law makes it possible to do this in this way that will be most convenient to the parties to the agreement. Usually the customer pays for work after the final delivery of results (unless, of course, there is no condition for the preliminary payment of part of the work in the contract).

Example of contract contract

Contract for repair of the apartment at the address: Moscow, ul. Klenova, d. 5, korp. 2, square. 54 Moscow "___" __________ 2018.

LLC Construction Firm "Repair and Construction" in the person of the Director General of Ivan Andreevich Artemova (hereinafter referred to as the "Contractor") on the one hand and Alexander Petrovich Ivanov (hereinafter referred to as the "Customer") on the other hand concluded this Agreement on the following.

1. The contractor undertakes to produce in the customer's apartment on its own, tools, mechanisms for repairing the premises according to the design project attached to the contract and estimate, in compliance with the requirements of the dispens.

2. The customer provides materials or advances the contractor. The contractor is responsible for improper use of these materials. At the end of the work, the Contractor is obliged to provide the Customer a report on the expenditure of materials and return the balance.

3. The contractor is obliged to prevent the customer in a timely manner:

1) on the unsuitability or illness of the material obtained from the Customer to perform specific works;

2) that compliance with the instructions of the Customer threatens the shelf life of the object or the quality or strength of the work performed;

3) on the presence of other, not dependent on the contractor, circumstances, threatening the shelf life or the strength of the object being performed.

4. The contractor undertakes to start repairing the apartment "___" _____________ 2018 and finish it "___" ____________ 2018

If it is necessary to change the period of start or end of work, each of the parties is obliged to report this to the other side no later than 48 hours before its offensive. The change in the deadlines is the corresponding entry in both copies of the contract.

5. In case of violation by the contractor, the start or end of work, it pays the Customer for each overdue day a penalty in the amount of 0.1% of the cost of repair, but not more than 10%. In disruption of such terms due to the fault of the customer, the latter bears the same responsibility. Peny in the specified amount, the Customer pays the Contractor also with the delay in the payment of debt for materials and the work done.

6. In the presence of good reasons, the Customer has the right to refuse the contract at any time before the end of work, paying the contractor for the part of the work, which has already been fulfilled, and submits to him the damages caused by the termination of the contract, with a testing of the fact that the contractor saved due to the termination of the contract .

7. The contractor is responsible for damage or damage in the repaired premises of furniture, floors, electrical appliances, electrical wiring, sanitary equipment, glasses and other property.

8. The Customer pays the Contractor when signing this Agreement an advance in the amount of at least 50% of the cost of work.

9. The customer is obliged to accept the work performed on their completion. Claims may be declared by the Customer Contractor for 1 month from the date of acceptance of work. In case of disagreement between the customer and the Contractor on the quality of the repair of the repair, the Customer has the right to demand the appointment of an examination. Payment of expertise is carried out by the party against which the expertise is made. The responsibility of the organization's expertise is assigned to the contractor. At the basis of the claim, the Contractor must immediately eliminate the shortcomings at its own expense.

10. Regarding the contractor's retreats from the terms of the contract, worsened work, or other deficiencies in the work of the Customer, regardless of the statement of claims, the Contractor has the right to present a lawsuit for 6 months, and if the disadvantages could not be detected at the usual method of acceptance of work - within 1 years from the date of acceptance of work.

Estimated project documentation

So, the contract for the main points is compiled. But how does the contractor find out what exactly you want to get as a result of repair or construction? So that the Contractor clearly followed your ideas, and the result did not surprise you, it is necessary to supplement the contract of construction contract with technical documentation and the estimation that determines the cost of work (the contract price). Remember that in the construction contract you need to envisage, which of the parties and for what period is obliged to provide technical documentation. Usually it carries out the customer. If this should make a contractor, the technical documentation is certainly subject to approval by the Customer. The contract is recommended to establish the composition of the documentation.

Technical documentation is a set of schemes, drawings, graphs, calculations and other documents necessary to perform contract construction or repair work. It is needed in order to ensure that construction is correct and determine the amount of cash.

Photo: Legion-Media

When identifying the need for additional work, it is not necessary to make changes to the Agreement, it suffices to provide for the possibility of adjusting planned data, which will allow changing technical documentation and estimates.

It is very important to correctly determine the estimate cost of the project. It will include the costs of construction and repair, legal design of construction results (and repair - if you have made redevelopment), the cost of building materials. You can make a local estimate (primary estimated document on certain types of work in accordance with the working project), which will form the basis of the object estimate. The current legislation does not provide for any exceptions to draw up design and estimate documentation for the construction of facilities with low cost or with small work time, that is, all listed elements must be thought out to one degree or another. It is the technical documentation that is the task of the customer, according to which the Contractor must fulfill a certain job.

If during the repair (construction) the Contractor will find that any work in the documentation is not taken into account, but they need to be carried out, and therefore the estimated cost of construction will increase, it must report this to the customer. Your contractor will wait for 10 days (if another period is not provided for by the contract), after which it is obliged to suspend work, and all losses will be attributed to the customer's account. Therefore, it is necessary to constantly maintain contact with the contractor. However, if you can prove that there was no need to carry out additional work, then you are not required to pay additional costs incurred by the contractor.

The contractor is responsible for all the deviations allowed by him from the technical documentation of the project, as well as for violations of construction standards and rules. Nevertheless, he has the right to go to small deviations from the technical documentation without the consent of the customer, if he proves that they did not affect the quality of the object.

And if your plans have changed in the construction process or repair work? The customer has the right to make changes to the technical documentation, however there are two important conditions - technical and material.

First, the changes should not significantly change the nature of the work provided by the contract.
And secondly, the additional costs caused by these changes should not exceed 10% of the total construction cost specified in the estimation.

But it is possible that you decide to radically change the nature of the contract. Then it is necessary to make an additional estimate and be prepared for the fact that the Contractor may require compensation for the costs that it suffered in connection with this. The same applies to cases where the contractor revealed defects in the technical documentation prepared by the Customer, and was forced to eliminate them.

Quality control

Each customer is definitely interested in the quality of work performed for him. That is why you are endowed with the right to control the quality of work carried out by the Contractor. To do this, you can make a plan for intermediate acceptance of work. Nevertheless, the main condition for testing the quality of work is non-interference in the operational and economic activities of the contractor.

Photo: shutterstock / fotodom.ru

Finding the retreat from the terms of the contract, you must immediately inform the contractor about this. If for some reason you do not do this (we are allay or decide that it is not so important), then automatically lose the right to refer further to the disadvantages found, although control over the quality of repair or construction is not the responsibility of the customer. The contractor, inappropriately performing work, cannot refer to what it happened due to the lack of such control. Thus, it is better to follow the advice of those who have already built or repaired their accommodation, and try to solve all the questions directly with the contractor - the foreman and his brigade.

So, summarizing, once again, say: be careful when drawing up a construction contract and preparation of estimated project documentation for it. From how carefully you will write all your wishes, the quality of work will depend. Do not suck - when conducting complex construction works, you can invite on a contractual basis engineer or a specialized organization that will help you in the preparation of documentation and project development.