Standard contract for the construction of a house. Contract for the construction of a wooden house (baths from a bar, a country house from a bar). Terms and procedure for the supply of building materials and construction work
A construction contract is a type of civil transactions that is concluded in practice quite often. This contract is concluded mainly with specialized companies that provide services in the field of construction.
Features of drawing up a document
Legislative regulation
The legal relations arising from the construction contract received their regulation in (Art. - Civil Code of the Russian Federation). These rules govern exclusively contractual legal relations arising between the contractor and the customer. But in addition to them, there are also other regulatory legal acts that must be taken into account when building a house.
Such normative legal acts include:
- Urban Development Code of the Russian Federation;
- Building codes (e.g. SNiP 31.02.2001 "Single-family residential houses");
- the federal law "On state registration of rights to real estate and transactions with it", etc.
All of the above legislative acts provide for certain rules and requirements that must be taken into account when building a house.
Subject of the contract
In accordance with the terms of the construction contract, the contractor undertakes to build a specific building or carry out other construction work at the request of the customer in accordance with the terms of the contract. In the text of the contract, it is necessary to indicate the list of works performed and the address where they should be carried out.
In the contract, it is necessary to indicate the party that must draw up the technical documentation and the estimate. They are mainly developed by a contractor. But these documents must be confirmed by the customer, after which they become an integral part of the construction contract.
Procedure and terms of construction works
Important! In the text of the contract, it is necessary to clearly indicate the stages of work performance, as well as the timing of their implementation. It is necessary to indicate both the beginning and the expected end of a particular stage of work.
It is also necessary to resolve issues related to the provision of materials and funds for the implementation of construction work. The contractor can use his own facilities, equipment or materials. They can also be provided by the customer.
The contractor is obliged to carry out the work in accordance with the terms of the contract, as well as taking into account the mandatory legal requirements.
After the end of each stage, the result of the work performed must be accepted. To do this, you must sign the acceptance certificate.
Important! the risk of damage or accidental death of the work results is borne by the contractor until the signing of the acceptance certificate. The risk of accidental loss or damage to the object then passes to the customer.
In accordance with the customer has the opportunity to make changes to the technical documentation, if, of course, these changes do not contradict the nature of the work carried out on the basis of the contract, and their cost does not exceed 10% of the contract value. In other cases, these changes must be agreed with the contractor.
But in the contract, you can specify a different procedure for making changes to the technical documentation. For example, it can be stipulated that any change must be agreed with the contractor.
In accordance with the customer is obliged to transfer the land plot to the contractor for construction work in accordance with the terms of the contract.
Delivery of results and payment
In accordance with the contractor must notify the customer about the completion of the construction work stipulated by the contract.
Important! The customer, who received notification of the completion of the work, must immediately start accepting them, unless another period is provided for in the contract.
Acceptance of the result of work is carried out by signing the appropriate act.
The payment procedure is stipulated by the contract. The parties may provide for a phased payment system. They can also stipulate the obligation of the customer to pay the contractor after the completion of all works stipulated by the contract.
Completed sample document
CONTRACT AGREEMENT No.
for building a house
____________ "____" ______________20___
Acting on the basis of a passport, hereinafter referred to as "Customer", on the one hand, and ____________________, represented by _____________________, hereinafter referred to as "Contractor", on the other hand, hereinafter collectively referred to as "Parties", have concluded this Agreement on the following:
1. The Subject of the Agreement
The Contractor undertakes, as instructed by the Customer, to perform the following types of work: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ at the address: __________________________________________________________________________________________________________________________________________________________________________________________________________________
Simultaneously with the signing of this Agreement, the Customer submits to the Contractor a task containing a list of works carried out by the Contractor under this Agreement. All technical documentation required for the performance of work under this Agreement, as well as estimates are developed by the Contractor and only after their approval by the Customer become an integral part of this Agreement.
2. General provisions
2.1. Provision of the work performed by the Contractor and their implementation is carried out by the Contractor by his own forces and means, on his equipment, from his own materials.
2.2. Acceptance, unloading and storage of materials arriving at the facility is carried out by the Contractor.
2.3. The Customer is responsible for the safety of all materials and equipment supplied for the implementation of this Agreement until the completion of the work (including the period of time during which the Contractor will eliminate the deficiencies identified during acceptance).
2.4. The party that provided materials and equipment is responsible for their compliance with state standards and technical specifications and bears the risk of losses associated with their inadequate quality, non-compliance with building specifications, government standards and technical specifications.
2.5. The Contractor bears the risk of accidental loss or accidental damage to materials, equipment used under this contract, as well as the result of the work performed before its acceptance by the Customer.
2.6. Ownership and the risk of accidental loss or damage to the result of the work are transferred to the Customer from the moment of acceptance of the work and signing of the Acceptance Certificate.
2.7. The warranty for the quality of work, unless otherwise specified, is 12 months.
3. Rights and obligations of the parties
3.1. The contractor is obliged:
3.1.1. To carry out work under this Agreement in full accordance with the instructions of the Customer, in accordance with applicable standards, building codes and regulations, technical, fire and other safety requirements.
3.1.2. Immediately warn the Customer and, before receiving instructions from him, to suspend the work if any circumstances beyond the Contractor's control are discovered that threaten the suitability, quality or durability of the results of the work performed, or make it impossible to complete it on time.
3.1.3. Free of charge to correct all defects revealed during the acceptance of work or during further operation during the warranty period. Elimination of deficiencies is carried out by the forces, means and materials of the Contractor.
3.1.4. To complete the work and hand over the result of the work to the Customer within the time frame established by this Agreement.
3.1.5. Preliminarily agree with the Customer on the execution of work, in part not regulated by the Customer's assignment.
3.1.6. Not to disclose, without the consent of the Customer, information that became known to him in the course of the work, including the price of the work.
3.1.7. At the end of each stage of work, transfer the result of the work to the Customer according to the Acceptance and Transfer Act.
3.1.8. Fulfill in full all their obligations under this Agreement.
3.2. The customer is obliged:
3.2.1. Provide the Contractor with an assignment for the execution of work, prepare a suitable place for the construction of a house under this contract, as well as provide passage to the facility for heavy vehicles.
3.2.3. Within 3 (three) working days after receiving a notice from the Contractor about the completion of the work, accept the result of the work, and if you find deviations from the Agreement that worsen the result of the work, or other shortcomings in the work, immediately notify the Contractor about it.
3.2.3. The Customer undertakes to consider the written requests of the Contractor, give answers or sign the Contractor's documents within 3 days.
3.2.4. Make payment for the work in the manner and within the terms provided for in this Agreement. (Appendix # 2).
3.2.5. Fulfill in full all their obligations under this Agreement.
3.2.6. The Customer undertakes to carry out the protection of the facility, work performed, materials and property of the Contractor during non-working hours, weekends, holidays and on days of forced stoppage of work, beyond the control of the Contractor.
3.2.7. The customer undertakes at his own expense to provide the facility with water, heat and electricity necessary for the production of work, as well as provide a living quarters for the construction team to live for the period of installation of the facility.
3.3. The Customer has the right to exercise control and supervision over the progress and quality of the work performed, compliance with the deadlines for their completion, the quality of the materials provided by the Contractor, as well as the correct use of the Customer's materials by the Contractor, without interfering with the economic activities of the Contractor.
3.4. The Customer has the right at any time to demand from the Contractor the gratuitous elimination of the identified shortcomings of the work performed by him.
4. Procedure and terms of work performance
The works stipulated by this contract are carried out by the Contractor in the following terms:
First step: preparatory work, pouring the foundation.
Second phase: installation of a log house, installation of subfloors and ceilings, installation of a roof, external wood processing with antiseptic impregnations.
· Start of work: "___" _____________ ____ year.
· Completion of work: "___" _____________ ____ year.
Stage three: interior decoration, installation of windows and doors.
· Start of work: "___" _____________ ____ year.
· Completion of work: "___" _____________ ____ year.
If additional work arises at the initiative of the Customer, which may affect the duration of the work, the change in the term of the work is formalized by an additional agreement to this Agreement.
5. Contract price and settlement procedure
5.1. The cost of work is set by the estimate (Appendix No. 1 to this Agreement).
5.2. In the event of early termination of the contract on the grounds provided for by law, other legal acts and the contract, the Contractor undertakes to return the advance payment to the Customer in excess of the work actually performed under the contract within 5 (five) working days from the date from which, in accordance with by law, other legal acts or by agreement of the Parties, this agreement will be considered terminated.
5.3. The cost of work is of a contractual nature and can only change if the quantity and cost of materials changes, as well as changes in the actual volume of work performed.
5.4. The Contractor has the right to demand an increase in the cost of the work, and the Customer has the right to decrease it only in the cases provided for by law and this Agreement.
5.5. If there is a need to change the scope of work, to perform additional work, the Contractor has the right to make changes to the scope of work, by written agreement with the Customer. If such changes affect the cost and completion date of the work, then the Contractor starts their implementation only after the Customer signs an additional agreement to this Agreement.
5.6. Payment for work under this Agreement can be made by the Customer in any form provided for by the current legislation, including cash deposit money to the Contractor's cashier, by bank transfer to the Contractor's account.
5.7. The schedule for making payments under this Agreement is subject to additional agreement by the Parties, the final payment for the work performed on the object is made on the basis of the Act of acceptance of work, signed by the Parties no later than 3 (three) working days after the completion of the work, including after the elimination of the identified defects on the basis of the Act acceptance of works
6. Delivery and acceptance of works
6.1. Acceptance of the work performed is carried out in the manner prescribed by this Agreement with the execution of the Acts of acceptance of the work performed.
6.2. The Contractor, after registration of the acceptance of work by the Customer, is not released from the fulfillment of any of the obligations stipulated by the work contract, which remained unfulfilled or performed with inadequate quality by the time of signing the Acceptance Act.
7. Responsibilities of the parties
7.1. The responsibility of the parties for non-fulfillment or improper fulfillment of obligations under this agreement is determined by the current legislation of the Russian Federation and the Civil Code of the Russian Federation.
7.2. In the event of a delay in payment for the work performed, the Customer's obligations under clause 5.7., The Contractor has the right to impose a fine on the Customer in the amount of 0.1% of the unpaid amount of the Agreement for each overdue day of payment.
7.3. In the event of a delay in the fulfillment of the Customer's obligations under cl. 5.1., 2.3., The completion date is postponed by the number of days of delay and is documented in the protocol ..
7.4. In case of non-performance of work within the terms specified in the Agreement under clause 4.1. of this agreement, through no fault of the Customer, the Customer has the right to impose a fine on the Contractor in the amount of 0.1% of the amount of work under the Agreement for each overdue day.
7.5. The parties are exempt from liability for failure to fulfill obligations under the contract if it was the result of natural phenomena and other force majeure circumstances.
8. Duration of the contract
The agreement comes into force from the moment of signing by the Parties and is valid until the Parties fully fulfill their obligations under this agreement.
9. Procedure for resolving disputes
9.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between the Parties.
9.2. If it is impossible to resolve the disagreements through negotiations, they are subject to consideration in the Arbitration Court ______________.
10. Force majeure circumstances
10.1. Neither Party is liable to the other Party for failure to fulfill obligations under this Agreement due to force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions, including declared or actual war, civil unrest, epidemics, blockade, embargo, fires, earthquakes, floods and other natural disasters, as well as the publication of acts of state bodies.
10.2. A certificate issued by the relevant chamber of commerce and industry or other competent authority is sufficient confirmation of the existence and duration of force majeure.
10.3. The Party that does not fulfill its obligation due to force majeure must immediately notify the other Party of such circumstances and their impact on the fulfillment of obligations under this Agreement.
11. Additional terms
11.1. Changing the terms of the Agreement is possible only by agreement of the Parties.
11.2. The parties have agreed that if at any time one or more of the provisions of this Agreement is or becomes in any respect invalid or illegal, the validity and legality of the remaining provisions of this Agreement will not be affected or violated, and the illegal or invalid provision will be considered separated from the Agreement
11.3. All acceptance documents (acts, invoices) relating to this Agreement, Supplementary Agreements, Appendices to this Agreement are its integral part.
11.4. The Agreement is drawn up on four sheets, in 2 identical copies, having equal legal force, one copy for each of the Parties.
12. List of annexes to the contract
Appendix # 1. Consolidated estimated calculation.
Appendix # 2. List of works performed under the contract.
Payment schedule.
13. Addresses and bank details of the parties
Customer:
___________________________________________________________________
______________________________________________________________
_______________________________________________________________
Contractor:
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
_______________________________________________________________
Date: ____________________
AGREEMENT No. ___________
moscow "__" ____________ 201_
Limited Liability Company ___________________, hereinafter referred to as the "Contractor", acting on the basis of the Certificate of State Registration ________________, on the one hand and ___________ ____________ ____________, hereinafter referred to as the "Customer" on the other hand, collectively referred to as the "Parties » , have concluded this Agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to perform the work (hereinafter referred to as the Work) according to the instructions of the Customer, in accordance with the sketch drawings (Appendix No. 1), clauses 9 and 10 of this Agreement and hand over its result to the Customer, and the Customer undertakes to create the necessary conditions for the Contractor to perform the work, accept the result of the Work and pay for it in accordance with clause 4 of this Agreement.
1.2. The Contractor undertakes to perform the Work on land plot The Customer (hereinafter referred to as the place of the Works) in accordance with Appendix No. 2 (Plan for linking the work result at the site).
2. PLACE OF WORK AND TRANSPORTATION SERVICES
The Customer is obliged to provide the possibility of the access of the Contractor's automobile equipment (non-cross-country vehicles) directly to the place of the Works.
2.1. Work place address: _______________________ w _______ km
2.2. The exact location of the Works is determined by the Customer independently immediately before the start of the Works.
2.3. Delivery of materials, machinery, people and equipment necessary for the performance of the Works (hereinafter - Transport service), are performed at the expense of the Customer (delivery from the Contractor's construction site to the Customer's site) according to the distance at the rate of 75 rubles / km, for each piece of equipment, payment is made on the spot to the Contractor.
2.4. “Distance” means the real path traveled by the Contractor's vehicles, which is required to travel to the place of the Works on public roads.
2.5. The cost of additional distance is not included in the Contractual cost specified in clause 4.1. of this Agreement and is paid together with the payment for the stage specified in clause 4.2.2.1. Agreement.
3. CONDITIONS OF PRODUCTION OF WORKS
3.1. The customer provides:
3.1.1. The construction site with electricity sufficient for the functioning of the construction and the life of the workers (3kW, 220V / 50 hertz).
3.1.2. Unobstructed access routes for unloading and storing material in the immediate vicinity of the construction site no more than 15 (fifteen) meters or pay the Contractor for the transportation of building materials to the construction site in the amount of 20 (twenty) rubles per 1 (one) meter per 1 m3 (one) cubic meter ... The responsibility for clearing the road in winter lies with the Customer.
3.1.3. Unobstructed access routes for concrete pouring equipment close to the pouring site. If it is impossible to fulfill this point, pay for the services of the concrete pump at the agreed price.
3.1.4. Unhindered access to the construction site for workers, company employees and construction equipment.
3.1.5. Accommodation for workers.
3.2. The electricity required for construction work and workers' accommodation is paid by the Customer.
3.3. The Customer determines the boundaries of his land plot, the location of the Work result, draws up a drawing, which indicates the link between the Work result and the area in Appendix No. 2.
3.4. The Contractor provides:
3.4.1. The purchase and availability of building materials of proper quality for the production of a log house (unless otherwise specified in clause 9 of this Agreement) and bears all the costs of replacing or repairing defective material identified by the Customer upon acceptance.
3.4.2. Food for workers.
3.4.3. Availability of the necessary equipment and tools for conducting construction and installation work (electric saws, chains for saws, axes, tape measures, drills, tension belts, nail pullers, etc.).
3.4.4. Execution of all work in the amount and within the time frames provided for in this contract.
3.4.5. Production of works in full compliance with the sketch drawings (Appendix No. 1) and building codes and regulations (SNiP).
3.4.6. Implementation of the necessary safety and security measures at the construction site environment, green spaces and land during work.
3.4.7. Preservation of the result of the work performed before transferring it to the Customer.
3.2.8. Removal within a week from the date of signing the acceptance certificate of work outside the construction site, belonging to him, construction machines and equipment, vehicles, tools, devices, inventory, building materials, products.
4. PRICE AND PAYMENT PROCEDURE
4.1. The work performed in accordance with clause 1.1 of this Agreement is paid for at the price agreed by the Customer and the Contractor in accordance with the estimate compiled in Appendix No. 3 to this Agreement and amounts to __________ (_______________) rubles ___ cop.
The contractual cost of the Work remains unchanged during the term of this Agreement.
4.2. Payment is made in stages in the following order:
4.2.1. Before the start of the work, the Customer makes an advance payment of 70% (seventy percent), which is ____________ (seven hundred seventy thousand) rubles 00 kopecks, in accordance with the Schedule of payments (Appendix No. 4), for the purchase by the Contractor of timber, building materials, insulation to perform the work specified in clause 1.1. against this agreement.
4.2.2. Payment of the remaining amount under the Agreement is made in accordance with the Schedule of payments (Appendix No. 4) to this Agreement within 2 working days after the Customer has been notified of the performance of work.
4.3. Additional work and services (work not specified in clause 1.1. Of this Agreement) are paid by the Customer together with payment for the stage specified in clause 4.2.2. actual agreement.
4.4. Payment for the Work is made by bank transfer and cash by making the Customer the amounts specified in this Agreement to the account or to the Contractor's cashier.
5.TERMS OF COMPLETION AND DELIVERY-ACCEPTANCE OF WORK
5.1. Completion date of the Works no later than "__" ________ 2013
5.2. After the Contractor has inspected the site of the Works, the completion dates for the works under this Agreement may be changed by agreement of the Parties.
5.3. The date of completion of the Work under this agreement is the date of signing by the Parties of the Acceptance Certificate of the work performed.
5.4. The Customer is obliged to accept the completed Work within 3 (Three) working days after being notified of the completion of the Work. The Contractor notifies the Customer about the execution of the Works by the provided phone numbers or by registered mail to the address specified by the Customer in the Agreement. If it is impossible to accept the completed Work on time, the Customer is obliged to notify the Contractor about this in writing no later than 10 (Ten) days before the deadline specified in clause 5.1. Agreement.
5.5. In case of revealing defects during the acceptance and delivery of the result of the Work, the Customer is obliged to immediately declare this. Discovered deficiencies are reflected in the acceptance certificate for the completed Work, and the act is signed by the parties. After that, the Contractor eliminates the shortcomings within the time frame agreed with the Customer.
5.6. In the event of an unsubstantiated refusal to sign the Certificate of Acceptance of Completed Works by the Customer, a note is made in the act, and the act is signed by the Contractor. From this moment on, the Work is considered accepted by the Customer.
5.7. The customer, who has previously accepted the result of a separate stage of work, bears the risk of the consequences of death or damage to the result of the work that occurred through no fault of the Contractor.
5.8. The Contractor reserves the right to unilaterally extend the completion date for no more than thirty calendar days, after notifying the Customer in advance.
6. LIABILITY OF THE PARTIES
6.1. In case of delay in payment of the sums specified in the Agreement, the Customer pays a fine of 0.5% (zero point five tenths of a percent) of the amount of non-payment, for every day of delay in payment, but not more than 5% (five percent) of the amount specified in clause .4.1. actual agreement.
6.2. In case of delay in payment by the Customer for the next stage specified in clause 4.2. Of the Agreement and (or) at the request of the Customer, the Contractor has the right to suspend the performance of Works under this Agreement with the attribution of losses caused by the downtime of the team to the Customer's account. Losses are determined at the rate of 3000 (Three thousand) rubles for each day of suspension of the Work
6.3. In case of termination of the Agreement, the Customer pays the cost of the actually performed Work. At the same time, the cost of inspecting the Customer's site and the development of sketch drawings is 6,000 (Six thousand) rubles.
6.4. In case of termination of this Agreement, the Contractor returns the deposited funds to the Customer minus the cost of the actually performed work.
6.5. In case of a delay in the completion of the Works under this Agreement, the Contractor shall pay a fine of 3% (Three percent) of the amount of the unperformed Work for each day of delay in the completion of the Works, but not more than 100% (One hundred percent) of the amount specified in clause 4.1. actual agreement
6.6. Payment of the fine does not relieve the Parties from fulfilling their obligations under this Agreement and eliminating the violations.
6.7. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures (force majeure).
6.8. The Customer is responsible for the ability of the Contractor's vehicles to travel to the Customer's site, and bears the costs of obtaining the necessary permits (if necessary), restoration of the road surface, in case of damage caused by the Contractor's vehicles, clearing access roads, using special equipment to tow the Contractor's vehicles.
6.9. The customer is obliged to sign all annexes to this contract before starting work. If the Customer does not sign the annexes, the contractor has the right to suspend this agreement or revise the deadlines for completing work under this agreement.
7. PERIOD OF VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT
7.1. This Agreement comes into force from the moment the Customer makes an advance payment in accordance with clause 4.2.1. of this Agreement and is valid until the Parties fulfill all their obligations.
7.2. Changes and termination of this Agreement are made only by agreement of the Parties.
7.3. Unilateral refusal to execute this Agreement is not allowed except in cases provided by law or this Agreement. Notice of termination of the Agreement must be made at least thirty days before the date of termination of the Agreement
7.4. In the event of termination of this Agreement, the Parties will immediately make efforts to achieve a settlement of the issue of the total amount to which the Contractor is entitled, in connection with the actually completed scope of work.
7.5. The Contractor may terminate this Agreement unilaterally in the following cases:
7.5.1. Unforeseen technical impossibility to perform the Work.
7.5.2. Impossibility of vehicle access to the place of the Works.
7.5.3. The need for the Contractor to carry out additional work not specified in clause 1.1 of the Agreement.
7.5.4. Failure by the Customer to comply with the conditions for payment of the sums of money specified in the Agreement, as well as violation by the Customer of obligations under the Agreement that impede the execution of the Agreement,
7.5.5. A significant (more than 15% (Fifteen) percent) increase in the cost of performing the Works for the Contractor.
7.6. Each of the parties has the right to early terminate the Agreement by sending a notification to the other Party, if force majeure circumstances have been in effect for three months.
7.7. All disputes and disagreements are resolved by the Parties through negotiations.
7.8. In the event of a litigation between the Parties, the case is subject to consideration in court at the location of the Contractor.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The contractor is obliged:
8.1.1. To complete all the Works specified in this Agreement in full and within the time frame provided for by this Agreement.
8.1.2. Inform the Customer about the time of acceptance of the Work.
8.1.3. Eliminate the shortcomings identified during the acceptance of the Work.
8.1.4. Hand over the completed Works to the Customer.
8.2. The contractor has the right:
8.2.1. Submit the Work ahead of schedule.
8.2.2. Replace materials used in construction with materials similar in properties and quality (as agreed with the Customer).
8.2.3. Require the Customer to be present when choosing materials.
8.2.4. Engage subcontractors in the production of the Work.
8.2.5. Independently determine the start date and the procedure for carrying out the Works
8.3. The customer is obliged:
8.3.1. Agree with the Contractor the documentation necessary for the production of the Work.
8.3.2. Timely make acceptance and payment for the performed Work.
8.3.3. In case of early completion of the Work by the Contractor, early to accept the work.
8.3.4. Immediately inform the Contractor about all changes that may affect the performance of the Work under this Agreement.
8.3.5. Timely make acceptance of hidden Works. In case of failure to appear within the agreed period, access to the hidden Works is carried out at the expense of the Customer.
8.3.6. Inform the Contractor in writing about deviations from the terms of the Agreement or other shortcomings discovered by him in the production and delivery of acceptance of the Work.
8.3.7. To independently draw up and be fully responsible for the availability of documents confirming the right to own, use and dispose of the land plot specified in clause 2.2. actual agreement.
8.3.8. To independently draw up and bear full responsibility for the availability of documents, drawn up in accordance with the current legislation, necessary for the performance of the Works, commissioning and operation of the result of the Works, including those required for construction and installation work, mandatory approvals and decisions regarding installation and operation of the completed Work.
8.3.9. To independently issue and be fully responsible for agreeing with third parties the progress and result of the Works.
8.3.10. Independently bear full responsibility for the correct determination of the location of the Works and the location of the result of the Works on the land plot.
8.3.11. Provide unimpeded access of the Contractor to the work site during the entire construction period. Subject to paid entry of the Contractor's equipment to the place of work, the Customer pays these costs.
8.4. The customer has the right:
8.4.1. Supervise the progress and quality of the Works, both personally and through his authorized representative; suspend work upon detection of deviations from the terms of the Agreement with the obligatory immediate notification of this to the Contractor. In case of unjustified suspension of work by the Customer, the Contractor has the right to unilaterally extend the term of the Agreement and demand compensation for all incurred losses.
8.4.2. Engage other contractors for engineering work at the facility (as agreed with the Contractor), only if their performance of the work does not create obstacles for the normal operation of the Contractor.
8.4.3. The Customer has the right to act through the Proxy specified in clause 15 of the Agreement. The trustee has all the rights and obligations that the Customer has under this Agreement.
9. TECHNICAL CONDITIONS OF CONSTRUCTION WORK
(SAMPLE, on the example of one of the contracts)
The work is carried out according to the attached drawings according to the existing technology of the Contractor.
9.1. Foundation type:
9.1.1. Tape reinforced monolithic concrete not buried on a sand cushion. The height of the sub-floor separation from the ground level is at least 500 mm. Section of the tape 30x50 (height) cm. Longitudinal reinforcement - d 12mm, strapping - 6mm.
The blind area is not performed.
Foundation finishing is not performed.
The foundation walls are not waterproofed.
The role of the vents is performed by the gaps between the cushioning bar (log)
The air is carried out in the foundation.
Waterproofing between the cushioning bar (log) and the foundation - roofing material in two layers.
The thickness of the sand cushion is 300 mm.
The used concrete grade is not lower than M300.
Soil waterproofing is not performed.
The foundation for the furnace is being carried out - a monolithic reinforced concrete slab 1200x1200x250 mm. on a sandy pillow.
9.2. Material of the main walls, gables and internal partitions: The main walls of the first floor are made of 160 mm rounded logs. The main partition of the first floor is made of 100x150 mm planed timber. (wall thickness 100 mm.). The capital partition of the first floor is made of rounded logs of 160 mm diameter. Gables and internal partitions are frame, insulated, sheathed with clapboard on both sides.
The crowns are assembled on wooden dowels with a diameter of 14 mm.
A key is cut into the window and door openings, into the end of the walls. The gap between the end of the wall and the door (window) frame is 30 - 50 mm.
The tolerance for the geometric parameters of the timber is +/- 10 mm. (in width and height).
The tolerance for the geometrical parameters of the rounded log is +/- 10 mm. (by diameter).
The tolerance for the geometric parameters of the frame is +/- 50 mm. along the length of each side.
In a bar, a log, longitudinal blind cracks are allowed.
The deviation of the lumber (log) wall from the vertical is no more than 2%.
Bar (log) - not polished.
The bar (log) is made of conifers. wood species (spruce and pine).
9.2.1 The Contractor knocks down the pock, but does not caulk it.
9.2.2. Cribs are laid on a jute cloth.
The jute cloth is attached to the crowns with metal clips.
Note: After 1-1.5 years, the customer needs to dig the log house, because due to shrinkage of wood and compaction of heat-insulating materials, the frame shrinks within 1-1.5 years after construction. Wood shrinkage, as a rule, occurs unevenly, as a result of which gaps between the crowns can form in the frame.
9.2.3. Cutting of corners is performed in a "thorn".
9.3. Power structures: Logs are made from a board of 50x150 mm. with a step of 500 mm. The rafters are made from a board of 50x150 mm. with a step of 1000 mm. Gables and partitions frames are made of 40x100 mm board. with a step of 1000 mm.
Building material of natural moisture (darkening or discoloration is allowed).
The sub-floor is made of 16-20 mm thick unedged boards. The subfloor is laid on the cranial bars nailed to the logs. One layer of roofing material is laid on the sub floor, insulation is laid on the roofing material.
Metal jacks are installed on the racks of the terrace and balcony (to compensate by the Customer for the shrinkage of the log house during operation) The staircase is made of a 150x50 board: a railing from a board 100x25 mm., Racks from a bar 40x40 mm.
9.4. Roof (waterproofing):
Galvanized corrugated sheet.
The lathing is not solid from unedged boards 20mm thick with a step of 400mm.
No waterproofing is performed.
Metal tiles.
Metal tiles and waterproofing are purchased by the Customer, installed by the Contractor. The lathing is not continuous with a step of 300 mm. (with anti-condensation foil decking). A bar of 50x50 mm is sewn along the rafters, then a counter-lattice is made with a step under the metal tile. The lathing is made of semi-edged boards 25 mm thick.
Ondulin. The lathing is not solid, made of 20 mm thick unedged boards. with a step of 250 mm.
9.5. Window units with double glazing and double glazing
(inspected by the Customer): 1050x1060 mm. opening.
9.5. PVC window blocks are paid according to a separate agreement.
To install a window unit (double-glazed window), a box (attached to a key) from a planed board 50 mm thick is installed in the window opening. (the box is installed with a guaranteed top clearance).
9.6. Door blocks (inspected by the Customer):
2100x900 mm. paneled.
2000x900 mm. MDF (beech color)
Steel hardware without coating.
9.7. Insulation: Mineral wool ("URSA"), 50mm thick.
Insulated:
Floor, ceiling of the first floor.
Attic.
Gables.
The vapor barrier is made of glassine.
Waterproofing is made of glassine.
The roof of the balcony and awnings, the floors of the balcony and terrace are not insulated.
9.8. Interior finishing: (finishing materials, lining and floorboard parameters).
Lined with lining:
Ceiling on the first floor.
Frame partitions of the first and second floors.
Attic.
Gables.
The log house and the main walls are not sheathed outside and inside with clapboard.
The floors do not cycle.
Log (timber), floorboard - natural moisture (up to 50%) ..
Lining - forced drying, not sanded. The number of knots is not standardized (knots falling out and cores are allowed).
A coniferous plinth is nailed to the joints of the corners of the walls, ceiling and floor.
Floorboard thickness 35 mm. (grooved floorboard). It is laid using the "under the rail" method (every fifth board is fastened with self-tapping screws). The number of knots is not standardized (knots falling out are allowed).
The thickness of the lining is 12.5-16 mm. (grooved lining). Nailed with galvanized nails, not into the tongue.
The contractor reserves the right to sheathe the attic with clapboard either horizontally or vertically. It is possible to use lining of various standard sizes in separate rooms.
Window sills are not available.
Balusters - carved (nailed)
The terrace fence is made of picket fence.
Platband - figured from hv. wood species.
Wooden entrance steps are in progress.
9.9. Ceiling height:
1st floor - 2.5 m. (+/- 5 cm.)
2nd floor - 2.4 m. (+/- 5 cm.)
9.10. The subfloor, ground floor logs, the first crown and rafters are covered with antiseptic in one layer.
9.11. Docking is allowed:
Beams (logs) along the entire perimeter of the walls of the house.
Lining on each wall and ceiling in a separate room.
Floorboards in every room
10. ADDITIONS
10.2. The outside of the house is covered in one layer with "SENEZH" (pine color).
10.3. The house has open internal wiring.
10.4. The entrance door is metal, sheathed from the inside with clapboard, according to the sample (examined by the Customer).
10.7. The Contractor installs a drainage system purchased by the Customer. The cost of the work is 50% of the cost of the drainage system.
10.8. A blind area is performed along the outer perimeter of the foundation. A concrete tape reinforced with a metal mesh 800 mm wide is being made. 50-100 mm thick. The thickness of the sand cushion is 300 mm.
10.9. Along the outer perimeter of the foundation, ebbs are made of galvanized sheet metal 300 mm wide.
11. WARRANTY OBLIGATIONS
11.1. The warranty period for the performed Work and materials is 60 (Sixty) months from the date of signing the Acceptance Certificate for the performance of work under this Agreement, provided that the Customer fulfills the operating rules and recommendations specified in clause 13. actual agreement.
11.2. During the warranty period, the Contractor is responsible for the defects of the work performed.
11.3. The warranty does not cover:
11.3.1. Columnar surface foundations.
11.3.2. Temporary roofs made of glassine, roofing felt or similar materials.
11.3.3. Drying of aspen lining in the steam room and on homemade doors.
11.3.4. Materials purchased by the Customer.
11.4. The warranty obligations become invalid if the Customer, during the warranty period, changes the design or technical and operational parameters of the constructed structure.
11.5. The warranty does not cover damage caused by third parties or by the Customer, as well as damage caused by improper use.
12. ADDITIONAL TERMS
12.1. The Contractor does not perform work not provided for in this Agreement.
12.2. The Contractor, after the conclusion of the Agreement, examines the Customer's site, if it is impossible to transport materials for the production of Works, the terms of the Agreement are revised.
12.3. The Contractor removes from the Customer's site the building materials remaining after construction. Construction materials are initially shipped with a stock for technological waste.
12.4. The Contractor does not take out construction waste and soil formed as a result of the Works from the Customer's site (unless this is separately stipulated in the Agreement).
12.5. The contractor does not perform work on the approval of the project (architectural solution, placement of the building on the site, connection of communications, etc.) with state and municipal authorities and third parties and commissioning, and is not responsible for this.
12.6. The Contractor does not perform work on the planning of the Customer's site.
12.7. At the request of the Customer, the Contractor can assist in the acquisition of materials that the Contractor does not have, but the Contractor is not responsible for the quality and performance of these materials.
12.8. If the Customer, in the process of performing work under this Agreement, assumes the supply of certain materials or equipment, then he must agree with the Contractor the amount (until the delivery of these materials) by which the cost of the Agreement is reduced.
12.9. The dimensions and design solutions agreed with the Customer are mandatory for the Contractor, regardless of the available deviations from SNiPs of GOSTs and other standards, and cannot serve as a reason for refusing to accept the work performed.
12.10. Ownership of the Work performed by the Customer arises at the time of full payment for the Work performed.
12.11. Colors, shades, pattern and texture of wood and varnish-and-paint products may differ from samples and are not a defect, but is associated only with the properties of natural materials.
12.12. The customer is not entitled to:
12.12.1. Interfere with the activities of the Contractor.
12.12.2. Engage the employees of the Contractor to perform any work not provided for in this Agreement.
12.13. The subject of the Agreement does not include and the Parties must additionally agree, and the Customer additionally pays for, the following works:
12.13.1. Changing the design (parameters) of the foundation (additional set of foundation blocks; increasing the section of the tape; changing the depth of the foundation; increasing the volume of concrete work, due to the difference in heights on the site) the cost of increasing the contract is calculated as the cost of concrete with delivery + 100% (work, formwork, fittings).
12.13.2. Fundamental design change
12.13.3. Clearing access roads to the customer's site.
12.13.4. Carrying construction materials to the place of work, further than 15 (fifteen) meters from the parking lot of vehicles. The cost of transporting building materials to the construction site is 20 (twenty) rubles per 1 (one) meter per 1 m3 (one) cubic meter.
12.13.5. Dismantling of the existing structures of the Customer that impede the performance of the Works.
12.13.6. Stump removal, tree removal.
12.13.7. Repair of existing foundations.
12.13.8. Garbage removal. The cost is 2% (Two percent) of the price specified in clause 4.1. Of the contract, but not less than 5000 (Five thousand) rubles.
12.13.9. All additional types of work are formalized by an additional agreement. The additional agreement is paid before the start of these works, in cases of non-payment of this agreement, the Contractor suspends work under this agreement with the attribution of losses in the amount of 2,000 (two thousand) rubles per team person per day. The Contractor postpones the completion of the work for the period of suspension of work under this agreement.
13. REQUIREMENTS FOR USE
In order to improve the operational characteristics of the structure, increase its service life, the Customer must independently perform the following work:
13.1. Paint wooden products outside with a moisture-proof compound (performed at an ambient temperature of at least +5 degrees Celsius).
13.2. Not earlier than 12 months from the date of construction, perform the following works:
13.2.1. make a blind area around the entire outer perimeter of the foundation.
13.2.2. build a drainage system.
13.2.3. screed floors.
13.2.4. eliminate technological gaps above door and window frames (lay insulation or soft seal).
13.3. Due to the use of atmospheric drying wall material in construction, an increased air humidity is observed inside the constructed structure. In order to avoid damage to the wall and finishing material (timber, logs, floorboards, lining, joinery), it is necessary to provide the necessary natural ventilation in it for at least the first month after the construction of the house. To do this, keep all doors and windows open. In case of insufficient natural ventilation, the wall material may darken (the appearance of rot), "swelling" of the lining (the lining is gaining moisture from the wall material); deformation of joinery (joinery gains moisture from the wall material).
13.4. After 1-1.5 years, the blockhouse must be caulked, since due to the shrinkage of the wood and the compaction of heat-insulating materials, the blockhouse shrinks within 1-1.5 years after construction. Wood shrinkage, as a rule, occurs unevenly, as a result of which gaps between the crowns can form in the frame.
14. FINAL PROVISIONS
14.1. This agreement is drawn up in two copies, which have equal legal force for each of the Parties.
14.2. All Appendices to this Agreement are its integral part.
14.3. Applications:
14.3.1. Appendix # 1 - Sketch drawings.
14.3.2. Appendix # 2 - Plan for linking the result of work on the site.
14.3.3. Appendix No. 3 - Estimated calculation.
14.3.4. Appendix No. 4 - Schedule of work performance and payments under the contract.
15. ADDRESSES AND DETAILS OF THE PARTIES:
EXECUTOR:
__________________________________
PSRN _____________________________
State registration certificate series __ No. ______________
INN ______________________________
Legal address: _________________
Telephone: __________________________
E-mail: ____________________________
CUSTOMER:
FULL NAME_______________________________
Passport____________________________
Place of residence ___________________
Telephone____________________________
Signature ___________________________
Residential building construction contract sample 2018 free download standard form sample form
Work contract No. ___
for the construction of an individual residential building
moscow "___" __________ 20__
Ltd« ImperialStroy», represented by General Director Dmitry Nikolayevich Kazhan, acting on the basis of the Charter, hereinafter referred to as « Contractor» games. _____________________________________________________________________________ place of birth: _________________________________________________________________, citizenship: ________, gender: ________________, passport series ________ No. ______________ issued by __________________________________________________________________________, "____" __________________, subdivision code _____-_____, registered at: __________________________________________________________________________________________________________________________________________________________ hereinafter referred to as « Customer» , on the other hand, have entered into this agreement as follows:
1. Subject of the Agreement
1.1. The contractor undertakes, in accordance with the design and estimate documentation and the construction work schedule, as well as in compliance with the requirements of SNiP, GOST, the requirements of regulatory bodies and approving organizations, to build a residential building according to the project "____________________________" with an estimated area of \u200b\u200b____________ sq. M., Total with an area of \u200b\u200b_____________ sq.m., from ___________ to __________, and the customer undertakes to accept the work and pay for it.
1.2. The estimate, the Schedule for the execution of work, the Schedule of payments must be agreed upon and signed by the parties no later than 5 (five) business days from the date of signing this agreement.
1.3. The starting date for calculating the timing of the work specified in the Schedule is the date of receipt of the funds specified in paragraphs. 2.3.1. Of the Agreement, to the current account or to the Contractor's cash desk.
1.4. The customer undertakes to provide for construction a land plot with an area of \u200b\u200b_____ sq.m., with a cadastral number _____________________ located at the address: ________________________________________________________________________________.
2. Price of the Agreement and the procedure for payment for work.
2.1. The cost of the work to be performed under this Agreement is determined by the Estimate, which is an integral part of the Agreement, and is: __________________
__________________ (_________________________________________________) rubles.
2.2. Any changes leading to an increase or decrease in the cost of work must be agreed by the parties, drawn up with an estimate and an additional agreement signed by the parties.
2.3. Payment is made in accordance with the Payment Schedule approved by the Parties, which is an integral part of this Agreement, by depositing money by the Customer in cash at the cash desk, or by transferring to the settlement account of the Contractor in three stages:
2.3.1.1 stage -50% of the cost of the work to be performed, specified in p. 2.1., In total ______________(____________________________________________________) rubles — be made no later than 5 (five) business days after signing the Estimate, Work Schedule, Payment Schedule;
2.3.2.2 stage- 40% of the cost of the work to be performed specified in p. 2.1., In the amount ___________ (_______________________________________) rubles, made by the Customer in accordance with the Work Schedule and the Payment Schedule, at the stage of roof installation;
2.3.3.3 stage- 10% of the cost of the work to be performed, specified in p. 2.1., In the amount paid __________ (__________________________________) rubles, is made by the Customer in accordance with the Schedule of work and the Schedule of payments, after signing the acceptance certificate for the transfer of the construction object.
2.4. The confirmation of the payment made by the Customer is the receipt of funds to the settlement account of the Contractor or the payment of funds in cash to the Contractor's cash desk.
2.5. Additional work that must be performed by the Contractor at the request of the Customer is drawn up by the Estimate and the Supplementary Agreement to this Agreement, which are signed by the Parties.
2.6. All types of work under this Agreement are given in the Estimate, the list of materials and engineering equipment used is given in the Specification of the materials used.
2.7. Works related to the preparation of technical documentation and connection
power supply, gas, water supply, sewerage, from resource-providing companies, as well as the device (drilling) of a well, lightning rods, a grounding device, connection to the Internet and communication services, the installation of metering devices for gas supply, water supply and electricity supply are not included in the cost of the Agreement specified in clause .p.2.1. and are made at the expense of the Customer's funds and are drawn up in a separate agreement signed by the Parties.
2.8. Works related to the improvement of the courtyard and adjacent territory, namely: installation of a fence, any types of fences, installation of retaining walls, any types of reinforced concrete structures, entry groups, laying of paving slabs, installation of sidewalks, paths, paths, adding soil, adding rubble, planting trees or any other plantations, etc. are not included in the cost of the Agreement specified in clause 2.1 and are produced at the expense of the Customer's funds and is formalized by the Supplementary Agreement to this Agreement.
2.9. All calculations are made in rubles at the current exchange rate of the Central Bank of the Russian Federation on the day of the transfer of funds.
3. The order of delivery and acceptance of works.
3.1. Upon completion of the work, the Contractor provides the customer with an acceptance certificate.
3.2. The customer, with the participation of the Contractor, accepts the result of the work, and within 10 (ten) calendar days from the date of receipt of the Acceptance Certificate, must send the signed Acceptance Certificate or a reasoned refusal to accept the work to the contractor with specific comments. If within the specified time period the acceptance certificate issued by the customer or the customer's reasoned refusal to accept the work is not received by the contractor, then the work is considered accepted and is subject to payment.
3.3. In the event of a motivated refusal by the customer, the parties draw up a bilateral Act with a list of necessary improvements and the timing of their implementation. Modifications, the need for which arose through the fault of the Contractor, are carried out without additional payment to the Customer, by forces and at the expense of the Contractor.
3.4. In case of early performance by the Contractor of work, the customer may early accept and pay for the work at the agreed price.
3.5. In the event of early termination of the contract before the completion of work under this Agreement, the Contractor shall provide the Customer with an Acceptance Certificate of the actually performed works. The Contractor undertakes to return to the Customer. advance payment in the part exceeding the work actually performed under the contract, within 10 (ten) calendar days from the date of signing the Act of acceptance of the actually performed work.
3.5. In the event of early termination of the contract before the completion of work under this Agreement, at the initiative of the Contractor (for no good reason). The Contractor undertakes to return the advance payment to the Customer in full.
3.6. In the event of early termination of the contract before the completion of work under this Agreement, at the initiative of the Customer (for no good reason). The Customer undertakes to pay the contractor a penalty in the amount of the advance payment.
4. Warranty obligations.
4.1. The warranty period for the main structure under normal operating conditions for a given area (foundation, walls, floors, roof) is 5 (five) years.
4.2. The warranty period for internal engineering networks, including engineering equipment, subject to operating modes and conditions (power supply, water supply, sewerage, heating) is 12 months.
5. Obligations and rights of the Contractor.
The contractor undertakes:
5.1. Provide for approval to the Customer a Project, a construction estimate, a work schedule, a payment schedule, as well as a layout (landing) of a house on a land plot.
5.2. By their own and attracted forces and means, to perform all the work with high quality, in accordance with the current SNiP and other regulatory documents, in the volumes and within the time frames stipulated by the Agreement .
5.3. Provide:
- performance of work in full compliance with the Project, the Estimate, the Specification of the materials used, the schedule of work;
—Quality of work performed in accordance with the design documentation and applicable standards and specifications;
—Timely elimination of deficiencies and defects identified during the acceptance of work and during the warranty period of the object.
5.4. To build on its own at the expense of the funds provided for these purposes in the estimated calculation of all temporary structures necessary for the performance of work under the Agreement.
5.5. Timely warn the Customer about the presence of circumstances beyond the control of the Contractor (weather conditions, low air temperatures, atmospheric precipitation) that can affect the quality and timing of work.
5.6. Carry out a systematic cleaning of the construction site from construction waste and ensure their loading on special vehicles and removal outside the construction site to places designated for such waste.
5.7. Ensure that the necessary measures for safety, fire safety, environmental protection, green spaces are carried out at the construction site, and also establish temporary lighting for the period of work.
5.8. Timely inform the Customer about changes in the start and (or) completion of work due to circumstances beyond the control of the Contractor (clause 3.4.).
5.9. Upon completion of the work, within 10 (ten) calendar days following the date of signing the final Act of acceptance of the work performed, remove from the construction site all your own equipment and construction equipment, surplus materials, dismantle the temporary buildings and structures erected by him and leave behind the Object and the construction site in a condition that meets environmental and sanitary requirements.
5.10. Ensure the construction of the specified in cl. 1.1 object with building materials, products and structures, engineering (technical) equipment in accordance with the Specification of the materials used. All materials and equipment supplied for construction must have appropriate certificates, technical data sheets and other documents certifying their quality.
5.11. Ensure the protection of the Facility (work performed, materials, equipment, all property located at the facility) throughout the construction of the Facility from the beginning of construction to the delivery of all work to the Customer.
5.12. After completing the work under the Agreement, transfer to the Customer according to the Transfer Acceptance Act the Project for the construction of a house, Projects or executive schemes for the installation of internal engineering networks, passports and operating instructions for the installed engineering equipment.
The contractor has the right:
5.13. Extend the terms of performance of work under the Agreement for the duration of additional work not provided for in the Agreement, as well as due to unforeseen weather conditions.
5.14. Establish an optimal work schedule for employees.
5.15. Require the Customer to fulfill his obligations under the Agreement.
6. Obligations and rights of the Customer.
The customer undertakes:
6.1. Provide the Contractor for construction with a land plot of the corresponding purpose, with the boundaries taken out in kind in accordance with the cadastral plan of the land plot specified in cl. 1.4. Of the Agreement, as well as provide the Contractor with a Topographic Survey of the land plot.
6.2. Agree and sign the Project, the Construction estimate, the Schedule of the work, the Schedule of payments, as well as the layout (planting) of the house on the land plot.
6.3. Provide financing in accordance with the Payment Schedule and with the terms of this Agreement.
6.4. Provide the necessary conditions and eliminate obstacles to the work, and depending on the will of the Customer.
6.5. Accept the completed work or part of them no later than 10 (ten) days after their actual completion and the submission of the Certificate of Delivery - Acceptance of the completed work.
6.6. Fulfill in full all of its obligations stipulated in other articles of this Agreement.
The customer has the right:
6.7. Receive information from the Contractor on the progress of work.
6.8. Order and carry out, with the help of an authorized organization, an independent examination in case of defects in work performance during the entire warranty period specified in clause 4 of the Agreement.
6.9. Terminate the Agreement unilaterally if the delay in the delivery of the work performed by the Customer through the fault of the Contractor exceeds 30 calendar days.
6.10. To withdraw from the Agreement at any time, if there are valid reasons, by paying the Contractor for the work actually performed and reimbursing the losses (documented) caused by this withdrawal from the Agreement.
7. Turnaround time.
7.1. The start and end dates of work under the Contract, as well as the timing of the stages of work, are determined by the Schedule of the work, signed by the Parties.
7.2. The terms of work performance can be adjusted by mutual agreement of the Parties when the types and volumes of work change, when weather and climatic conditions change, when the financial situation of the Customer changes. The change in the terms of work is formalized by the relevant Act, which is approved by the Parties and is an integral part of the Agreement.
8. Responsibility of the parties.
8.1. If the Contractor fails to comply with the deadlines for completing work under the Agreement, he shall pay the Customer a penalty in the amount of 0.01% of the amount paid by the Customer for each day of delay. The total amount of the forfeit cannot exceed 10% of the amount specified in cl. 2.1. Agreement.
8.2. In the event that the Customer refuses construction (at any stage of construction), he pays the Contractor for the actually completed, as well as compensates for losses (documented), in accordance with paragraphs. 6.10. Agreement.
8.3. Any delay arising through the fault of the Customer, which limits the Contractor's ability to fulfill its obligations within the time frame stipulated by the Contract, will not be the basis for charging a penalty from the Contractor.
8.4. In case of delay in payment, the Contractor has the right to suspend the construction of the cottage until the next payment by the Customer, notifying the Customer in writing.
8.5. In case of unfavorable weather conditions that create significant obstacles to the performance of work at the Work Facility, namely: wind speed of more than 10 meters per second, heavy rain, snowfall, blizzard, storm warning, air temperature below minus three degrees Celsius, timing work performances are transferred accordingly to the number of days of forced downtime. In this case, the Contractor undertakes to notify the Customer about the occurrence of the above circumstances.
9. Force Majeure.
9.1 The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if it was the result of force majeure circumstances, namely: floods, earthquakes and other disasters, and if these circumstances directly affected the performance of the Agreement. In this case, the term for the fulfillment of obligations under the Agreement is postponed in proportion to the time during which such circumstances were in force.
9.2. The party for which the impossibility of fulfilling the obligations under the Agreement has been created is obliged to notify the other party in writing about the occurrence and termination of the above circumstances no later than ten days from the moment of their occurrence.
10. Special conditions.
10.1. The contract can be terminated early, by mutual agreement of the parties.
10.2. The Party that has decided to terminate this Agreement ahead of time is obliged to send the other Party a written notice not later than 30 (thirty) days before the date of termination. In case of early termination of the Agreement, the work actually performed by the Contractor is handed over to the Customer, who pays for them, with the exception of clause 3.5.
10.3. The Parties undertake not to disclose, not transfer or make in any other way available to third organizations and persons the information contained in the documents formalizing the joint activities of the Parties under this Agreement, except with the written consent of the Parties.
10.4. All changes and additions to the Agreement are considered valid if they are made in writing and signed by the parties.
10.5. The Contractor does not have the right to transfer to third parties the performance of the Agreement or any part of it without the written permission of the Customer.
10.6. This Agreement comes into legal force from the moment of signing the agreement and its annexes and is valid until the Parties fully fulfill their obligations.
10.7. This Agreement is made in two copies with equal legal force, one for each Party.
10.8. There are annexes to this Agreement, which are its integral part:
- Appendix No. 1 - Project of an individual residential building "____________";
- Appendix No. 2 - Local estimate calculation (Construction estimate);
- Appendix No. 3 - Work schedule.
- Appendix No. 4 - Schedule of payments under the Agreement.
- Appendix No. 5 - The layout of the house on the land.
- Appendix No. 6 - Specification of the materials and equipment used.
Legal addresses and details of the parties.
Executor: Customer:
LLC "ImperialStroy" ____________________________
moscow, Kirov st., 20/2 ____________________________
TIN 2348275836 KPP 220102003____________________________
____________________________
CEO ____________________________
LLC "ImperialStroy"
Petrov I. V. ____________________ / _______________ /
Construction contract between individuals sample 2018 free download standard form sample form
Example No. 1
CONTRACT
contract for construction work
____________________ "___" __________ 20__
A citizen of the Russian Federation _______________________________, registered and residing at the address: ______________________________________, hereinafter referred to as the "Customer", on the one hand, and a citizen of ____________________________________________________ (full name) ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, residing at the address ________________________________________, hereinafter referred to as the "Contractor", on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes, at the request of the Customer, to carry out repair (plumbing, finishing, other) work in the apartment on his own at the address: ____________________________________ (hereinafter referred to as the Object), in accordance with the List of works performed (Appendix 1) and the estimate for repair work (Appendix 2) , and the Customer undertakes to accept and pay for the work performed.
2. INITIAL DATA AND TIME OF PERFORMANCE OF WORKS
2.2. The contractor starts to perform work within 3 (three) days from the date of receipt of the advance payment in accordance with clause 3.2. actual agreement.
2.3. The work must be completed within ________ days from the date of receipt of the advance payment in accordance with clause 3.2. actual agreement.
3. COST OF WORKS AND PAYMENT PROCEDURE
3.1. The cost of work under this contract is determined by the Estimate (Appendix 2).
3.2. The Customer pays the Contractor an advance payment for the purchase of building materials in the amount of ___, in accordance with the Estimate (Appendix 2).
3.3. The customer, within ____ working days from the date of signing the acceptance certificate, makes payment for the work to the Contractor in the amount of 100% of the cost of the work (minus the advance payment) specified in clause 3.1 of this agreement.
4. ORDER OF ACCEPTANCE OF WORKS
4.1. The Contractor hands over the completed work directly to the Customer.
4.2. Acceptance of the work performed is carried out according to the acceptance certificate for the actually completed work, within 3 days from the moment the Contractor notifies the Customer about the readiness of the work for acceptance.
4.3. The customer has the right to refuse to accept the result of work in the event of deficiencies. In this case, a bilateral act (protocol) is drawn up with a list of defects in the work and the deadline for their elimination.
5. OBLIGATIONS OF THE CONTRACTOR
5.1. The contractor is obliged to ensure the timely completion of all work in accordance with paragraphs. 2.1.-2.3., While observing the technology of work, safety regulations, fire safety, subject to the requirements for the quality of work in accordance with this Agreement.
5.2. The contractor is obliged to ensure the availability of construction and finishing materials of proper quality, necessary for the work.
5.3. Upon completion of the work and before handing it over to the Customer, clean up the work sites, dismantle temporary structures used for work, remove construction waste, unnecessary materials and equipment.
5.4. Upon completion of the work, the Contractor is obliged to provide the Customer with a report on the materials used.
6. OBLIGATIONS OF THE CUSTOMER
6.1. The Customer is obliged to provide the Contractor's employees with free access to the facility, to create the necessary conditions for the performance of work (water supply, electricity, heat supply).
6.2. The customer is obliged to coordinate with the building commandant the movement of building materials on the elevator, as well as the discharge of house risers.
6.3. The customer is obliged to pay the contractor the set price (clause 3.1.) For the work performed.
7. RESPONSIBILITY OF THE PARTIES
7.1. The contractor is responsible for the observance of safety regulations, fire and environmental safety by the persons involved in the performance of work, non-performance or poor-quality performance of work in accordance with the current legislation of the Russian Federation.
7.2. If deficiencies are found in the results of work presented for acceptance, the Contractor, at the request of the Customer, is obliged to eliminate them free of charge within the time period agreed by the parties in a special act.
7.3. Deficiencies in the result of the work discovered by the Customer during the warranty period (twelve months from the date of signing the acceptance certificate) are eliminated by the Contractor within ___ days from the date of submission of the relevant claims at his own expense. By agreement of the parties, this period can be extended, but not more than ___ days.
7.4. The Contractor bears the risk of accidental death or damage to the result of the work performed until the signing of the acceptance certificate, only if the Contractor's fault is established.
7.5. The Contractor is responsible for the safety of materials used in the process of carrying out repair work during the period when the Contractor's employees are at the facility.
7.6. If the Contractor fails to properly fulfill its obligations within the timeframes provided for in this contract, the Contractor shall pay a fine of ___% for each day of delay in work, but not more than ___% of the cost of work under this contract.
8. BANK DETAILS AND SIGNATURES OF THE PARTIES:
CUSTOMER:
CONTRACTOR:
Registration address: ________________________________________________
Mailing address: __________________________________________________
Phone fax: ____________________________________________________
Passport series, number: ______________________________________________
Issued by: _______________________________________________________
When issued: ______________________________________________________
Signature: _________________________________________________________
Example No. 2
CONTRACT N ____
to perform work
___________ "___" ___________ ____
We name ___ hereinafter “Customer”, represented by _______________________, acting on the basis of __________, on the one hand, and Citizen / citizen of the Russian Federation ____________________, passport _________, issued on ___ __________ ____, __________________________, residing ___ at the address: ______________________, hereinafter referred to as " Contractor ", on the other hand, have entered into this Agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor undertakes to perform according to the assignment
Customer the following work: _______________________________________________
and the article is the result to the Customer, and the Customer undertakes to accept the result
the work performed and pay for it.
1.2 The contractor performs work from his materials and with the help of his
equipment.
1.3. The work is performed by ______________________________________________.
(indicate, if necessary, the place of work)
2. QUALITY OF WORK
2.1. The quality of the work performed under this Agreement must
meet the following requirements: ___________________________________.
(specify the requirements for the work performed)
2.2. A warranty period of ________ is set for the result of the work from the moment the Customer accepts the result of the work performed by the Contractor.
3. TIME OF COMPLETION OF WORK
3.1. The works stipulated in clause 1.1 of this Agreement must be performed by the Contractor within the following terms:
3.1.1. Start of work: ________________________________________.
3.1.2. Completion of work: ________________________________________.
3.2. If the Contractor does not start work within the period established by clause 3.1.1 of this Agreement, or performs the work so slowly that its completion by the deadline becomes clearly impossible, the Customer has the right to refuse to perform the Agreement and demand compensation for losses.
4. OBLIGATIONS OF THE PARTIES
4.1. The contractor undertakes:
4.1.1. Perform work that meets the requirements established by clause 2.1 of this Agreement.
4.1.2. To complete the work within the timeframes established by clause 3.1 of this Agreement.
4.1.3. When performing work, follow the instructions of the Customer.
4.1.4. Upon completion of the work under this Agreement, transfer its result to the Customer in the manner prescribed by section 6 of this Agreement.
4.1.5. Perform work under this Agreement personally and not involve third parties for its implementation.
4.2. The contractor has the right:
4.2.1. If questions arise in the course of the work that require resolution by the Customer, demand clarification from the Customer.
4.3. The customer undertakes:
4.3.1. If necessary, explain to the Contractor the questions arising in the course of the work.
4.3.2. Provide the Contractor with assistance in performing the work in the following order and scope: __________________________________________________.
4.3.3. Accept the result of the work performed by the Contractor in the manner prescribed by section 6 of this Agreement.
4.3.4. Pay the Contractor the cost of the work in accordance with section 5 of this Agreement.
4.4. The customer has the right:
4.4.1. Check the progress and quality of the work performed at all times, without interfering with the activities of the Contractor.
5. PRICE OF WORK
5.1. The price of the work performed by the Contractor under this Agreement is ______ (________________) rubles.
5.2. Payment for the price of work is made by the Customer in the following order:
5.2.1. Not later than "___" __________ ____ The Customer shall pay the Contractor an advance payment in the amount of _____ (________________) rubles.
5.2.2. The remaining part of the price of work in the amount of _____ (________________) rubles is paid by the Customer to the Contractor within __________ from the moment the Contractor transfers the work result to the Customer (clause 6.6 of this Agreement).
5.3. Payment for the price of work is made __________________________________
(by transferring cash by the customer
______________________________________________________________________.
funds or money transfers to the contractor's account)
6. PROCEDURE FOR ACCEPTANCE OF THE WORK RESULT
6.1. The contractor is obliged to notify the Customer of the readiness of the result of the work for delivery within ________ days from the date of the work.
6.2. The Customer is obliged to start accepting the result of the work performed within _____ days from the date of receipt of the Contractor's notice.
6.3. Acceptance is carried out in accordance with the procedure established by the current legislation of the Russian Federation.
6.4. The Customer is obliged to inform the Contractor of obvious defects in the work performed immediately upon acceptance.
The notice of the discovery by the Contractor of latent defects must be sent to the Contractor within ___________ from the moment of their discovery.
6.5. The contractor must eliminate the deficiencies in the result of the work within _______ days from the date of the corresponding request from the Customer.
6.6. Upon completion of the acceptance of the result of the work performed, the Parties sign an acceptance certificate for the work performed.
7. CONFIDENTIALITY
7.1. The following information related to the execution of this Agreement is considered confidential: ______________________________.
7.2. The Contractor, at the request of the Customer, immediately returns to the Customer all documents (including without limitation printed, handwritten, electronic media) provided by the Customer or any of its representatives to the Contractor or developed by the Contractor in the course of fulfilling its obligations under this Agreement.
7.3. The obligations of the Parties in respect of confidentiality of information about the Customer remain in force even after the termination of this Agreement.
8. LIABILITY OF THE PARTIES
8.1. In case of violation by the Contractor of the deadline for the performance of the work established by clause 3.1.2 of this Agreement, the Customer has the right to present to the Contractor a claim for payment of a penalty in the amount of __________________ for each day of delay.
8.2. In case of violation by the Customer of the deadline for payment of the price of work established by clause 5.2 of this Agreement, the Contractor has the right to present to the Customer a claim for payment of a penalty in the amount of _____% of the amount unpaid on time for each day of delay.
8.3. For non-fulfillment or improper fulfillment of other obligations under this Agreement, the Parties shall bear responsibility established by the current legislation of the Russian Federation.
9. OTHER CONDITIONS
9.1. This Agreement comes into force from the date of its signing by the Parties and is valid until the Parties fulfill their obligations under the Agreement.
9.2. All changes and additions to this Agreement must be drawn up in writing and signed by the Parties.
9.3. All notifications and notices related to the execution of this Agreement shall be sent by the Parties by letter with acknowledgment of receipt, or delivered to the respective Party by courier.
9.4. This Agreement may be terminated on the grounds and in the manner established by the current legislation of the Russian Federation.
9.5. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9.6. This Agreement is made in two copies, one copy for each of the Parties.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Customer: Contractor:
__________________________ ____________________________
__________________________ ____________________________
__________________________ ____________________________
__________________________ ____________________________
(signature) (signature)
