How to draw up a contract for the implementation of construction work: sample. Construction contract for construction work Sample YUR person

1. Definitions

1.1. The concepts applied in this Agreement mean the following:

1.1.1. Parties - Customer and contractor.

1.1.2. An object - Customer room.

1.1.3. Contractory agreement, referred to as "Treaty" - This document, which includes all the guarantees contained in it, applications signed by the Customer and Contractor, additions and changes to it that can be signed by the Parties, incl. During the execution period.

1.1.4. Construction site - Territory or premises necessary to carry out construction work under this Agreement, located at :.

1.1.5. Work - A complex of repair work to be fulfilled by the Contractor in accordance with the terms of the contract and submitted on the act of acceptance of the work performed under the contract.

1.1.6. OK - confirmation in writing made by the customer (or contractor).

1.1.7. Act of acceptance of work performed under the contract - A document confirming the execution (acceptance) by the contractor of the work and acceptance of the object (or part of part) by the customer.

2. Subject of the contract

2.1. The customer charges, and the Contractor assumes the obligation to perform construction work at the customer's facility in accordance with the designed design and technical and estimate documentation approved by the Customer.

2.2. Specific species and volumes of work performed are determined by applications (shoots) to this Agreement.

2.3. Works should be carried out in accordance with the construction norms and rules, compliance with the safety regulations during the CMR and the requirements of the landlord.

3. Cost of work

3.1. The total cost of work on the object is indicated in applications (estimates), which is an integral part of this Agreement.

3.2. The total cost of work can be changed by coordination of the parties in the following cases:

• with increasing or decreasing volumes and types of work included in the applications (estimates) to this Agreement;
• when changing the nature, quality or type of the specified work;
• when a change in the procedure for taxation in the Russian Federation after the conclusion of the contract, in particular the introduction of new taxes and other fees, their cancellation or changes in the size of the agreement on the day of signing the contract.

3.3. If such changes affect the cost or time of completion of the work, the contractor proceeds to their implementation only after signing by the Parties with the Parties of the Relevant Agreement to this Agreement, becoming an integral part of this Agreement.

4. Contractor's rights and obligations

4.1. The contractor undertakes:

4.1.1. Perform work with the delivery of the Customer within the time provided for in this Agreement.

4.1.2. To be responsible for the safe working conditions, the execution of fire fighting activities at the facility and ways of carrying out work at the facility. For damage caused in the course of work to third parties, the Contractor is responsible if the damage is prone to its fault.

4.1.3. Refer to information transferred to him by the customer as confidential.

4.1.4. To perform the instructions of the customer obtained during the execution of work if they do not contradict the terms of the contract.

4.1.5. During days from the date of signing of this Agreement, appoint an authorized representative of the Contractor and in writing to report this to the customer, indicating the full amount of authority provided to him.

4.1.6. At your own expense, on their own and means to accept, unload, storage of construction equipment, equipment for the production of work.

4.1.7. Daily carry out in the process of performing work and at the end of work cleaning the construction site from the construction trash.

4.1.8. Before passing an object for installation of equipment to remove the materials, tools and equipment belonging to the contractor, remove the construction trash.

4.2. The contractor has the right when agreeing with the customer to attract third parties to fulfill work under the contract. At the same time, the contractor brings all responsibility to the customer for the fulfillment of the terms of the contract.

4.3. The Contractor is obliged to immediately warn the Customer and before receiving instructions from him to suspend work when it is detected: unsuitable or ill-quality of materials provided by the Customer, equipment or technical documentation; Other circumstances that do not depend on the contractor, which threaten the shelf life, the strength, reliability or quality of the results of the work performed, or create the impossibility of its completion on time.

4.4. The contractor is obliged to conclude an agreement for insurance for its professional responsibility for the production of construction work.

5. Rights and obligations of the Customer

5.1. The customer undertakes:

5.1.1. Transfer the Contractor room suitable for the production of construction work on the act.

5.1.2. The customer is obliged in cases, in the amount of and in the manner provided for in this Agreement, to provide the Contractor to assist in fulfilling the work.

5.1.3. Payments and acceptance of work performed in the manner and within the deadlines provided for by this Agreement.

5.2. The customer has the right to check the course and the quality of the work performed by the contractor without interfering with operational activities. If significant shortcomings are found, the Customer has the right to stop working until they are eliminated. This fact is fixed in the journal of work.

5.3. The Customer has the right to coordinate with the Contractor at the expense of the cost of work to acquire the necessary equipment and materials. At the same time, the price of work payable to the contractor is reduced by the cost of the acquired equipment and materials provided by the estimated cost.

5.4. The customer during the period of this Agreement is entitled to involve to fulfill the work provided for in this Agreement, other persons, except the contractor, if the contractor performs work with improper quality or delays, with the imposition of all expenses related to the involvement of third parties on the contractor.

5.5. In the case specified in paragraph 5.4 of this Agreement, the Customer during the working days from the date of the conclusion of the contract with another contracting organization, sends a written requirement and account to pay for all expenses related to the involvement of third parties. The account must be paid by the Contractor within a day from the moment of its receipt.

6. Terms of work

6.1. The contractor proceeds to perform work during the working days after transferring an advance payment to its current account.

6.2. The deadline for the execution and end of work on applications (estimates) is determined by the calendar schedule.

6.3. In the event of a stop of work or downtime, no fault of the contractor comprises a bilateral act and the work deadlines are adjusted by the parties in proportion to idle time.

7. Conditions of payments and calculations

7.1. Payments on applications (estimates) are carried out in the following order:

7.1.1. The customer pays an advance payment for procurement and exploration of materials in the amount of% of the total cost of applications (estimates) no later than banking days from the date of receipt of the accounts exhibited by the Contractor.

7.1.2. The following stages of payment (in the case of work over one month): are made according to the acts of work performed on applications (estimates) with a testamental% advance payment.

7.1.3. The final payment remaining from the cost of applications (estimates) the customer pays for banking days from the date of signing by the parties to the act of commissioning of the premises.

7.2. The obligations of the customer for payment are considered executed from the date of write-off of funds from the Customer's current account.

7.3. In case of early execution by contractor, the Customer may take ahead of schedule and pay for work.

8. Production and acceptance of work

8.1. The contractor before starting work takes from the customer the room on the act with an indication (if any) of the work performed or the mounted engineering equipment by another contracting organization.

8.2. The contractor together with the customer issues the admission of its working personnel on the object in accordance with the requirements of the Lessor and its technical services.

8.3. The customer appoints at the facility of his representative, who, on behalf of the Customer, together with the contractor draws up acts on the hidden work performed and solves issues arising during the work of work. The representative of the authorized by the Customer has the right to unhindered access to all types of work during the entire period of their implementation and at any time of their production.

8.4. The contractor independently organizes the production of works on the facility in accordance with the timing determined by the calendar plan to applications (estimates).

8.5. Since the start of work and prior to their completion, the contractor maintains the work of the work of work, which contains the fixation of the facts and circumstances related to the work of work and the importance for the relationship of the Parties (the start and end date, reports on the inspection and acceptance of work (including . And hidden) and coordination of design and technical solutions with the customer). If the customer is not satisfied with the course and quality of works or records of the contractor, then he sets his opinion in the work journal. The contractor undertakes to take steps to eliminate the shortcomings specified by the Customer in the journal of work.

8.6. In the production and closure of hidden work, the Contractor is obliged to notify the customer and invite his representative to inspection and acceptance. The customer makes inspection and acceptance of work performed with fixation in the journal of work.

8.7. The delivery of work performed on applications (estimates) is performed in the following order:

8.7.1. The customer accepts acceptance of work during working days from the date of the written notification from the contractor on the completion of works on applications (shifts) and the availability of premises to the installation of technological equipment.

8.7.2. Together with the notification of the readiness of the premises for installation of technological equipment, the Contractor transmits a set of executive design and technical documentation to the customer.

8.7.3. At the specified period, the Customer accepts an acceptance of the room and in the presence of identified deficiencies and defects fixes them in the act. A copy of the act is sent to the Contractor to take measures to eliminate the identified deficiencies and defects.

8.7.4. After installation of technological equipment, the Customer takes the placement with the compilation of the act or directs the Contractor a motivated refusal to indicate the reasons that prevented the acceptance of the room.

8.7.5. If there is a need to carry out additional work and, in connection with this, a significant increase in the price at a certain stage of execution of works on applications (estimates), the Contractor is obliged to prevent the customer in a timely manner.

8.7.6. Additional work is performed after signing by the Parties to the Additional Agreement and coordinate the cost of work.

9. The circumstances of force majeure

9.1. The parties are exempt from liability for partial or complete non-fulfillment of obligations under this Agreement, if it was a consequence of natural phenomena, hostilities, prohibitive acts of the state authorities of the Russian Federation, if these circumstances arose after the signing of the contract and directly affected the fulfillment of this Agreement. The deadline for execution of obligations under annexes (shifts) is moved proportionally time, during which the circumstances of force majeure, as well as the consequences caused by these circumstances.

9.2. The Party for which the impossibility of fulfilling obligations under this Agreement was created, due to the circumstances of force majeure, is obliged to immediately notify the other side of the onset and termination of these circumstances in writing. The late notice of the circumstances of the insurmountability deprives the relevant side of the right to refer to them in the future.

9.3. If the circumstances of force majeure or their consequences will last more than a month, then the parties will be discussed during working days, what measures should be taken to continue work under the contract. If the parties cannot agree during months, then each of the parties have the right to demand termination of the contract.

10. Termination of the contract

10.1. This Agreement may be terminated by agreement of the parties.

10.2. The customer has the right to demand termination of the contract in the following cases:

• disorders by the contractor of the timing of the work provided if the deadline for their completion established in the calendar is increased by more than on calendar days;
• violations of the contractors of the terms leading to a decrease in the quality of work provided for by the project, construction norms and regulations;
• cancellation of the license for construction activities, the publication of other acts by government agencies in the framework of the current legislation, depriving the contractor for the work of work;
• in case of untimely warning of the Customer, the need to exceed the price of the work specified in the applications (estimates).

10.3. The contractor has the right to demand termination of the contract in the following cases:

• when stopping the customer to perform work on the reasons independent from the contractor for a period exceeding 30 (thirty) calendar days;
• with the financial insolvency of the Customer, as well as in the event of liquidation.

10.4. When terminating the contract at the facility with incomplete operations, the parties shall draw up acts of acceptance of work performed in the form of KS-2 and KS-3, on the basis of which the Customer pays the Contractor the cost of actually performed works on annex (estimate) at the time of termination of the contract.

10.5. The Party decided to terminate the contract in accordance with the provisions of this section sends a written notice to the other party no later than the calendar days before the proposed termination date of this Agreement.

11. Responsibility of Party

11.1. In case of unreasonable delay established by the contract and calendar plan to applications (shifts) of the posts of transfer of payment made by work, the Customer pays the contractor to the penalty in the amount of% of the amount payable for each day of the delay, but not more than% of the cost of the application (estimate).

11.2. In cases not to ensure the deadline for the deadline for the end of the contractor, it is paid to them in the amount of% of the cost of work, for each day of delay, but not more than% of the cost of work on annex (estimate).

11.3. Payment of penalties for the delay or other improper fulfillment of obligations under the contract, as well as the compensation of losses caused by the improper performance of obligations, does not relieve the parties from the execution of their obligations.

11.4. Payment for penalties is made during banking days from the date of receipt of the written notification of the other party to recover the penalties to the current account of the Parties.

11.5. The contractor is not responsible for damage to the current communications found as a result of work and not specified in the project.

12. Special conditions

12.1. After signing this agreement, all previous written and oral agreements, correspondence, negotiations between the parties relating to this Agreement lose force if they contradict this Agreement.

12.2. The damage caused to a third party as a result of the work on the facility according to the fault of the Contractor is compensated by the Contractor.

12.3. All changes and additions to this Agreement are considered valid if they are decorated in writing and signed by the parties.

12.4. Any arrangement between the parties entering the new commitments that are not included in this Agreement must be confirmed in writing by the parties in the form of additions and changes to it.

12.5. In the rest, which is not provided for by this Agreement, the current legislation of the Russian Federation applies.

12.6. All applications (estimates) and calendar plans-schedules for the work of work to the contract are its integral part.

12.7. The controversial issues arising in the implementation of this Agreement are resolved through negotiations, if consent, disputes are permitted by an arbitration court.

12.8. This contract is drawn up in two copies that have the same legal force, one for each of the parties.

13. Other conditions

13.1. The contractor must under the fulfillment of its obligations under this Agreement to comply with the highest ethical and professional standards and is obliged to obey all applicable laws and regulations.

13.2. The contractor agrees with the following:

• Do not make or not to offer directly or indirect payment or gift of any employee, an official or representative of the government, a government agency or another body or any political party or its official or any candidate for a political post under circumstances when payment or the gift will be illegal payment, or when the payment or gift was made to ensure an unlawful advantage or to get any income from activities;
• Attach all your efforts in order to maintain a reputation and promote the interests of the customer, and it is not entitled to allow conflict between your interests and responsibilities that it has before the customer.

14. Term of the contract

14.1. The contract comes into force from the date of its signing by both parties and has one calendar year. If, by the end of the term of the contract, none of the parties notify the other side of his intention to terminate the contract, the contract is considered to be prolonged for the next calendar year under the same conditions, while maintaining the procedure for prolongation for subsequent years.

15. Legal addresses and bank details of the parties

Customer

ContractorYur. Address: Postal address: Inn: PPC: Bank: races / score: Corr. / Account: Beach:

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 1

Asset, 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

1. 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.
2. 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.
3. 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
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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

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:

Construction contract agreement: sample, essential conditions, grounds for conclusion - all this causes many questions from his participants. Everyone wants to protect themselves from the unwanted consequences associated with the unscrupulousness of the counterparty. A sample of a construction contract agreement, as well as the nuances of its preparation and conclusion, are given in this article.

Construction contract agreement in the Civil Code of the Russian Federation

In accordance with Article 730 of the Civil Code of the Russian Federation, the construction contract has an agreement between the contractor (that is, the Contractor) and the Customer, who first assumes the obligations to fulfill certain construction work, and the last one - on reception and payment of them in full.

In the case of individuals, we are talking about the repair of apartments or private houses. From the point of view of the law, such cooperation is called a construction contract concluded in order to meet the household or other needs of a citizen.

Why conclude a construction contract for the apartment repair

For production in the apartment repair, you can simply hire a brigade of builders or finishers, discussed all the conditions verbally. But in the event of a deception or poorly performed work, the claim is useless - to prove the existence of an agreement without a contract is almost impossible.

Therefore, the conclusion of the Construction Contract Agreement is a way to insure itself from possible negative consequences, first of all. It applies equally to the customer and to the contractor.

In addition, it is in the contract that all the conditions of cooperation are prescribed, the likely disagreements and ways of their permission. Thus, the parties save themselves from the need to sit at the negotiating table every time the emergence of freelance situations. For example, in a contract you can include the contractor's responsibility for damage to building materials or his duties when marriage is found.

Significant Terms of Construction Contract

By virtue of Article 432 of the Civil Code of the Russian Federation, the contract is recognized as concluded if the parties have reached agreement on the subject of the transaction and all conditions of its execution.

The following points should be reflected in the Construction Contract Agreement:

1. Subject contract.

   The specific type of work is indicated, for which the contract is concluded. It can be a cosmetic repair, redevelopment of the apartment, the construction of a cottage or a country house with the installation of all necessary communications, etc.

   Important: The scope of work is established in accordance with technical documentation and estimates - the provision of these documents is included in the obligation of the customer. In the event of the need to produce additional actions, the Customer must make appropriate changes in the estimate, otherwise the contractor has the right to suspend the execution of the contract.

1. Dates.

   The contract is prescribed the start and end time. By agreement, the parties may include the deadlines for the execution of intermediate stages of work.

   If the contract is concluded on the terms of a full or partial prepayment, the contractor who has not fulfilled the deadline will be obliged to pay the customer interest for the use of other people's money.

   In case of early termination of the contract in connection with the refusal of the Customer from obligations, the latter must fully reimburse the losses incurred by the contractor, as well as pay the work already produced by him.

   Important: Article 717 of the Civil Code of the Russian Federation limits the maximum amount of the amount of damages incurred by the Contractor during the Customer's refusal from the execution of the contract: it should not go beyond the difference between the price defined for the entire volume of work and part paid for the actual work.

1. Payment.

   The procedure for calculations between the parties is determined. This may be partial or complete prepayment or payment upon completion of work. The price of the contract, that is, the cost of the work performed is indicated in a fixed amount, or the basis of its calculation on the basis of cooperation (open price).

   The optimal version is the definition in the contract of the two components of the contract price: the basic value of the work reflected in the estimate and the variable part is the current value index. That is, the final calculation in this case is made taking into account the value indicators at the time of delivery of the object. The index of cost indicators is determined by regional pricing bodies.

   It is recommended to draw up the schedule for execution and payment of work. Thus, the Customer appears the opportunity to control the process of executing the contract by the contractor, and the latter can be confident in the timeliness of calculations.

1. Procedure for the supply of building materials.

   The parties are free to distribute the obligations to provide the necessary materials - the legislation on this subject does not contain any restrictions. In practice, most often materials are purchased by a contractor in coordination with the customer. It is important to consolidate the quality requirements and appearance of materials in the contract.

1. Order of acceptance of work performed.

   Acceptance of work performed, in accordance with the provision of clause 4 of Article 753 of the Civil Code of the Russian Federation, is issued by the appropriate act. The object is considered to be divided only after staging in the act of signatures of both parties.

   Violation by the Customer established by the service acceptance service provisions entails the risks of the random death of the object from the contractor to the customer. In this case, the circumstances, entailed death, do not matter (the exception is cases of intentional actions of the Contractor for the destruction of the object).

   Important: Acceptance of work performed is usually carried out at the expense of the Customer, therefore it is recommended to include in the contract item providing for the procedure for pre-testing engineering structures. Especially important is for work related to the installation of electrical machine.

Construction contract: filled sample

moscow 14.02.2015

Construction contract contract

For the repair of the apartment, located at the address: Moscow, ul. Lenina, d. 1, square. one.

Skillful Hands Limited Liability Company represented by the Director General of Ivanova Vasily Petrovich, acting on the basis of the Charter (hereinafter referred to as the "Contractor"), on the one hand and Petrov Ivan Vasilyevich (hereinafter referred to as the "Customer") on the other hand, concluded a contract for the following :

1. The Subject of the Agreement

1.1 The contractor assumes obligations to perform repair and finishing works in the apartment located at: Moscow, ul. Lenina, d. 1, square. one.

1.2 Contractor performs the following types of work:

• transfer of interroom doorways;
• combining the bathroom and bathroom;
• disassembly of nonsense designs.

1.3 Works are performed on the basis of:

• actual agreement;
• Appendices No. 1 - a plan-schedule of work approved by the Customer;
• Applications number 2 - a list of works;
• Appendices number 3 - design project;
• Applications number 4 - consolidated estimated calculation.

2. Terms of action of the contract

2.1 This Agreement is valid since its signing and to fully fulfill the parties to the obligations received, as well as the expiration of the warranty period.

2.2 Terms of work is defined in accordance with Appendix No. 1.

2.3 The beginning of the work is considered the first working day from the admission of advance payment.

3. Rights and obligations of the parties

3.1 The contractor is obliged to perform a complex of work in accordance with the requirements of the customer.

3.2 The customer is obliged to accept the work performed and pay in full compliance with the contract.

Do not know your rights?

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 may be:

1. Construction of houses, buildings and structures.
2. Their reconstruction.
3. 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.
4. 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:

1. 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.
2. 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:

1. The address in which construction work is held.
2. The cadastral number of the object and the land plot on which construction is carried out.
3. Number of floors.
4. Room area.
5. Materials used.
6. 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:

1. The date of commencement of work.
2. 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.