The contract for the construction of standard houses is a sample. Contract for work, construction, contractor individual. Prevent builders from pulling over the contract
The document blank "Contract for the construction of a wooden house (baths from a bar, a country house from a bar)" refers to the heading "Contract for household, rental, construction contracts". Save the link to the document on social networks or download it to your computer.
Work agreement
for the construction of a wooden house (baths from a bar, a country house from a bar)
year [place of conclusion of the contract] [date, month, year]
Citizen of the Russian Federation [F. I. O.], [date, month, year] of the year of birth, hereinafter referred to as the "Customer", on the one hand, and
[full name of the tenant] represented by [position, full name], acting on the basis of [name of the document confirming the authority to act on behalf of the legal entity], hereinafter referred to as "Contractor", on the other hand, and together referred to as "Parties ", have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this contract, the Contractor undertakes on his own (with the right to involve third parties - subcontractors) and material and technical means, at the request of the Customer, to carry out work on the construction of [a wooden house, a bath from a bar, a country house from a bar] (hereinafter referred to as the Object), in in accordance with the terms of this agreement, the design and estimate documentation agreed by the Parties, including possible work that is definitely not mentioned in the agreement, but necessary for the complete construction of the Facility and its normal operation, and the Customer undertakes to create the necessary conditions for the Contractor to perform the work, accept their result and pay the price stipulated by this contract.
1.2. In pursuance of this contract, the Contractor undertakes to manufacture a strip foundation, deliver and install the manufactured frame on it, as well as carry out the interior decoration of the Facility.
1.3. The Contractor undertakes to completely complete the construction and hand over the finished Object to the Customer in time [fill in the required].
2. Rights and Obligations of the parties
2.1. The customer has the right:
2.1.1. Exercise control and supervision over the progress and quality of the work performed, compliance with the terms of their production, the quality of the materials provided by the Contractor, as well as the correct use of the Customer's materials, without interfering with the operational and economic activities of the Contractor.
2.1.2. Refuse to execute this contract and demand compensation for damages if the Contractor does not commence the execution of this contract in a timely manner or performs the work so slowly that its completion by the deadline will become clearly impossible.
2.1.3. Assign to the Contractor a reasonable period of time to eliminate the deficiencies, if during the execution of the work it becomes obvious that it will not be performed properly, and if the Contractor fails to fulfill this requirement within the appointed time, cancel this contract or entrust the correction of the work to another person at the expense of the Contractor, as well as demand compensation for damages.
2.1.4. Present to the Contractor requirements related to the inadequate quality of the work result.
2.1.5. Make changes to the technical documentation for the construction.
2.2. The customer is obliged:
2.2.1. Ensure the timely start of work, their normal conduct and completion on time.
2.2.2. Prior to the commencement of work, provide the Contractor with a land plot for the construction of the Facility.
2.2.3. Within [term] after receiving notification of the Facility's readiness, proceed with the inspection and acceptance of the work performed in the presence of the Contractor's representatives.
2.2.4. If you find deviations from the contract that worsen the result of the work, or other shortcomings in the work, immediately notify the Contractor about it.
2.2.5. Financing the construction of the Facility in accordance with the terms of this agreement.
2.2.6. At any time before the delivery of the Object to him, refuse to fulfill this contract by paying the Contractor a part of the established price in proportion to the part of the work performed before the Contractor receives a notice of refusal to perform the contract.
2.3. The contractor has the right:
2.3.1. Engage subcontractors in the performance of their obligations.
2.3.2. To demand, in accordance with Article 450 of the Civil Code of the Russian Federation, a revision of the estimate if, for reasons beyond his control, the cost of the work exceeded the estimate by at least ten percent.
2.3.3. Demand reimbursement of reasonable costs incurred by him in connection with the identification and elimination of defects in the technical documentation.
2.3.4. Hold the finished Object until the Customer fulfills the obligation to pay for the work performed.
2.3.5. Not to start work, but to suspend the work begun or to refuse to fulfill this contract and demand compensation for losses in cases where the violation by the Customer of his obligations under this contract interferes with the performance of the contract by the Contractor, as well as in the presence of circumstances that clearly indicate that the performance by the Customer of the specified duties will not be performed on time.
2.3.6. If the Customer refuses to accept the work performed, sell the result of the work in the manner prescribed by clause 6 of Art. 720 of the Civil Code of the Russian Federation, and the proceeds, minus all payments due to him, should be deposited in the name of the Customer in the manner prescribed by Article 327 of the Civil Code of the Russian Federation.
2.4. The contractor is obliged:
2.4.1. Carry out construction and related work in accordance with the design and estimate documentation, which determines their volume, content and cost.
2.4.2. Provide construction with all the necessary materials, equipment, parts, structures, components, construction equipment.
2.4.3. Comply with the requirements of the legislation on environmental protection and on the safety of construction works.
2.4.4. Ensure the maintenance and cleaning of the construction site and the surrounding area.
2.4.5. Inform the Customer about the conclusion of subcontractor agreements, indicating the subject of the agreement, the name and address of the subcontractor.
2.4.6. Immediately warn the Customer and, before receiving his instructions, suspend work if it detects:
Potential unfavorable consequences for the Customer of fulfilling his instructions on the method of performing the work;
Other circumstances beyond the control of the Contractor that threaten the validity or durability of the results of the work performed or make it impossible to complete it on time.
2.4.7. Within [value] working days, inform the Customer about the readiness of the Facility.
2.4.8. To complete all work in the amount and terms provided for by this contract and hand over the work to the Customer in a condition that allows the normal operation of the facility.
2.4.9. Timely eliminate the shortcomings and defects identified during the acceptance of works and during the warranty period of the Object's operation.
2.4.10. Present to the Customer the Object in full construction readiness with a set of executive technical documentation.
2.4.11. Free the construction site from construction machines, equipment, vehicles, inventory, construction materials, structures, temporary buildings and structures, construction waste within [meaning] -day from the date of signing the acceptance certificate of the completed construction of the Object.
2.4.12. Ensure the uninterrupted operation of engineering systems and equipment during normal operation of the Facility during the warranty period.
3. Terms of work
3.1. The parties have set the following construction timeframes:
The initial term for the execution of works is [day, month, year].
The deadline for the completion of the work is [day, month, year].
The date of putting the Object into operation is [fill in the required one].
3.2. The specified terms can be changed by agreement of the Parties or due to circumstances beyond the control of the Parties.
4. Cost of work and settlement procedure
4.1. The cost of work under this contract is determined on the basis of an estimate and is [amount in figures and words] rubles. The estimate is approved by the Parties and is an integral part of this agreement.
4.2. The contract price includes the cost of construction and installation work for the construction of the Facility, compensation for the Contractor's costs and remuneration due to him.
4.3. The cost of the work is firm.
4.4. If the volume of work or the cost of building materials during construction exceeds the indicators approved in the design and estimate documentation, the Parties will conclude an additional agreement to this agreement to clarify the price of the agreement.
4.5. Payment for work by the Customer is made in rubles in cash.
4.6. The Customer shall pay the Contractor an advance in the amount of [insert the required information].
4.7. The final calculation is made by the Customer after the final delivery of the Object, provided that the work is done properly and within the agreed period.
5. Quality assurance
5.1. The Contractor guarantees the achievement by the Construction Object of the indicators specified in the technical documentation and the possibility of operating the Object in accordance with this contract during the warranty period.
5.2. The warranty period for the work performed is established within [period] from the moment of signing by the Parties of the certificate of acceptance of the completed construction of the Facility.
5.3. The warranty period is interrupted for the entire time during which the Object could not be operated due to deficiencies for which the Contractor is responsible.
6. Acceptance of the completed construction object
6.1. The Contractor, within [value] days from the date of completion of construction, notifies the Customer about the readiness of the Object for delivery.
6.2. Acceptance by the Customer of the Object is carried out within [value] days from the date of receipt of the notification of its readiness.
6.3. Before accepting the Facility, the Contractor, in the presence of an authorized representative of the Customer, performs a preliminary test of the installed equipment.
6.4. The delivery of the result of the work by the Contractor and its acceptance by the Customer shall be formalized by the acceptance certificate of the completed construction of the Facility, signed by both Parties.
6.5. The Customer has the right to refuse to accept the Object in the event of deficiencies that exclude the possibility of its use and cannot be eliminated by the Contractor or the Customer.
7. Responsibilities of the parties
7.1. The contractor is responsible for:
Deviations from the requirements provided for in the technical documentation and in the building codes and regulations binding on the Parties, as well as for failure to achieve the indicators of the Construction Object specified in the technical documentation;
Disadvantages of the work performed that make the Object unsuitable for normal use in the manner prescribed by paragraphs 1-3 of Art. 723 of the Civil Code of the Russian Federation;
Deficiencies (defects) discovered within the warranty period, unless it proves that they occurred as a result of normal wear and tear of the Object or its parts, improper operation or incorrect instructions for its operation, developed by the Customer himself or by third parties involved by him, improper repair of the Object made by the Customer himself or by third parties involved by him;
The quality of building materials;
Consequences of non-fulfillment or improper fulfillment of obligations by a subcontractor;
Violation of the requirements of the legislation on environmental protection and on the safety of construction works.
7.2. In the event of a culpable violation of the deadline for the construction of the Facility and the date for putting the Facility into operation, the Contractor shall pay the Customer a forfeit at the rate of [value]% of the cost of the work specified in clause 4.1 of this contract for each day of delay.
7.3. The Customer reimburses the Contractor for losses:
Caused by the termination of the contract at the initiative of the Customer, within the difference between the price determined for the entire work and a part of the price paid for the work performed;
Caused by failure to fulfill their obligations under this agreement.
7.4. In case of violation of the terms of payment for work provided for in section 4 of this agreement, the Customer shall pay the Contractor a penalty at the rate of [value]% of the amount owed for each day of delay.
7.5. Payment of penalties does not relieve the Parties from fulfilling their obligations in kind.
8. Distribution of risks between the parties
8.1. The Contractor bears the risk of accidental loss or accidental damage to the Facility prior to its acceptance by the Customer.
8.2. In case of delay in the delivery of the Object, which arose through the fault of the Customer, the risk of accidental destruction of the Object passes to the Customer at the moment when the transfer of the Object was to take place.
9. Force majeure
9.1. The parties are exempt from liability for full or partial failure to fulfill obligations under this agreement if it was the result of force majeure circumstances for the duration of these circumstances, if these circumstances directly affected the performance of this agreement.
9.2. If, as a result of force majeure circumstances, significant damage has been caused to the Construction Object, then the Parties are obliged to agree on new terms, production procedure and cost of work in an additional agreement, which from the moment of its signing becomes an integral part of this agreement, or initiate the procedure for terminating the agreement in accordance with the current civil legislation RF.
9.3. If the work can be continued in the manner that was in force in accordance with this agreement before the beginning of the force majeure circumstances, then the period for fulfilling the obligations under this agreement is extended in proportion to the time during which the force majeure circumstances and their consequences were in force.
10. Procedure for termination of the contract
10.1. The customer has the right to terminate this agreement unilaterally in the event of:
Violation by the Contractor of the deadlines for the execution of work, entailing an increase in the completion date for the construction of the Object by more than [term];
Non-compliance by the Contractor with the requirements for the quality of the work performed.
10.2. This agreement may be terminated in other cases provided for by the current legislation of the Russian Federation.
The contract for the construction of a cottage, perhaps, can be compared with an air ticket. The higher the cost of services (builders or aviators), the more pleasant bonuses are provided for the client. However, before signing a contract with builders, the customer should make sure that he is not slipped into the service of the lowest quality at a premium price.
The contract for the construction of a private house is a household contract. This paper will have legal force if it contains the following essential conditions: start and end dates of work; list of services performed by the contractor; their cost. The contract must also contain the date of its conclusion, as well as the full name and address of the construction company (individual entrepreneur or private person taking up the job).
Earlier, the Divandi portal talked about the features of the conclusion. Formally, the contract for the construction of a house and the contract for repairs practically do not differ from each other. Both deal with the provision of construction services. However, in the case of a contract for the construction of a house (cottage), much more attention should be paid to information about the "results of labor" of builders.
Elena Khairullina
Head of Pravoved LLC
The subject of the contract is what should be built, moreover, in the most detailed description. And even if the contract does not provide as an annex to it a project of the construction object, the description of the object should be so detailed that it would be possible to understand what was planned to be built. If, during construction, the idea of an object undergoes changes, all of them, without exception, must be included in the contract in the form of additional agreements.
The ideal option is when the contract is based on a detailed design of the house and a specification with a full list of works and necessary materials.
Alexey Rusakovich
When work is being carried out on a project, a note is put on each sheet of the project documentation that the project is being transferred to work, under which the customer and the contractor sign. If the contractor has the status of a legal entity (for example, LLC), he puts his stamp on each sheet of the project. With such a system, the team will not be able to voluntarily deviate from the project.
The project is an annex to the agreement, which is mentioned in the agreement itself. Another application should be an estimate for the work and purchase of materials. As a rule, the final version of the contract is signed after drawing up the estimate. Lawyer Alexander Latyev advises to include in the contract a clause according to which the person who purchased them is responsible for the quality of the materials.
Customer, make yourself comfortable.
Often several contracts are concluded for the construction of a cottage: the first for the foundation; the second - on a box with a roof; the third is for finishing. This is especially often practiced when building houses from a log, gun carriage or a bar of natural moisture. After the construction of the roof, such a house "sits down" within 6-12 months. Therefore, builders often offer to conclude one contract for the box, and a second year later - for the final completion (windows, doors, stairs, decoration, etc.). At the same time, as Alexey Rusakovich notes, if you work according to such a scheme, then there is a high probability that for each new stage an agreement will be concluded with a new contractor: first with a team of concrete workers, then with a team of installers, etc. As a result, each new contractor will blame his sins on the imperfections left by the previous team.
Alexander Latyev
Legally, it is better to conclude one contract at once for the entire range of work on the construction of a house, regardless of what construction technology is used. Another choice may be due to the requirements of accountants, etc., but sometimes - and the reluctance of the contractor to be responsible for all the work as a whole.
Lawyer Elena Khairullina also believes that a through agreement is more convenient for the customer. Moreover, this contract should provide for the phased acceptance of work from builders.
Elena Khairullina
Head of Pravoved LLC
It is desirable that the contract obliges the contractor to hand over hidden types of work to the customer at each stage of construction. It is good when the acceptance of both hidden types of work under the act and the object as a whole is carried out with the involvement of a specialist in the field of construction and all the shortcomings are correctly formalized in the act of acceptance of work, indicating the decisions made on the methods and timing of elimination of deficiencies. In the event of a delay or inadequate quality of work, the aforementioned clauses of the contract will help the citizen to recover the penalty from the builders.
Alexey Rusakovich reminds of one more point that it is desirable to reflect in the agreement.
Alexey Rusakovich
No construction site is guaranteed from freezing. Most often, this happens due to the fact that the customer has run out of money. But there are other reasons as well. The contract should include a clause on the conservation of the object. It is carried out at the expense of the customer, but it can be stipulated that the contractor's workers and equipment are involved for conservation. However, it makes no sense to prescribe specific conservation works in the contract. After all, it is not known at what stage the work will have to be interrupted - on the pit, on the foundation, on the walls ...
Terms of execution of the contract.
If the construction work is performed by an individual entrepreneur (IE) or a construction company with the status of an LLC, then such contractors are subject to the Law on the Protection of Consumer Rights. This document for failure to meet the deadline provides for a penalty of 3% of the contract amount for each day of delay. This provision on fines for leisurely builders works even if there is no forfeit clause in the contract. However, as the lawyer Alexander Latyev notes, the specified rule of law does not work if a private owner contracted to build a house.
Alexander Latyev
Head of Practice of the Legal Security Agency "Intellect-S"
If we are talking about a contract with a contractor who is not an entrepreneur, then it should be borne in mind that, as a general rule, the Law on Consumer Protection does not apply to it, and the terms of liability for him are less stringent than for merchants. For this reason, the customer, when concluding a contract with a private trader, must insist that the contract contains clauses on his additional protection. In particular, it may be a penalty clause for failure to meet the deadline for work.
Alexander Latyev recommends specifying a penalty in the form of a penalty in the form of a penalty in the amount of 0.1% per day of delay in the consumer contract, maximum - 0.3-0.5% per day. If you put more, then the court is likely to reduce the amount of the sanctions at its discretion.
Prevent builders from pulling over the contract.
The customer should remember that the builders he hires are much better versed in matters of drafting work contracts. Builders are constantly working with these papers, therefore, it will not be difficult for them to include in the contract harmless - at first glance - clauses, which in fact are quite disadvantageous to the client. In one of the contracts for the construction of a cottage, for example, the following phrase lurked: "Places for garbage disposal are determined and agreed by the customer." Using this clause of the contract as an excuse, the team tried to refuse to remove garbage from the site, on the grounds that the customer did not fulfill the condition under which he signed and did not provide the builders with access to the landfill. However, as the lawyer notes, this position of the contractor looks rather shaky.
Andrey Saunin
Garbage collection is the responsibility of the contractor, the cost, which, as a rule, is included in the cost of the work, unless otherwise specified in the contract. The requirement for the customer to agree on addresses for garbage disposal looks absurd, since there are official landfills on any territory.
Nevertheless, lawyers unanimously advise private customers not only to read the contract proposed by the builders, but to strictly remove all incorrect, illiterate and vague wordings from it. If a point is really necessary, then it must be redone in order to remove the possibility of ambiguous interpretation.
Alexander Latyev
Head of Practice of the Legal Security Agency "Intellect-S"
Most often, in contracts offered by builders to private customers, there are clauses on the limitation of liability, the establishment of short deadlines for filing a claim, the indisputability of the drafted acts on the performance of work, the automatic acceptance of work in the absence of a response to the directed acts within a certain period of time, etc. But I note that any, even the most disadvantageous item has its price. The more unfavorable clause the contractor inserts into the contract, the lower the price must be, or there must be some other favorable conditions for the customer.
Alexei Galimov, the head of the Ural SRS company, says that even if the customer signed an agreement with unfavorable terms for him, then perhaps there is no need to despair. Most likely, some of these bad points are contrary to the law, and if the case goes to court, then such terms of the contract will be declared invalid. For example, a contractor may include a clause in the contract according to which builders are not liable for a defect if the customer did not indicate it to them in time. Such a clause will not be valid.
Conclude a construction contract without a project.
Alexey Galimov
A house can be built without a project. But only if it is a fairly standard building without individual features. And even then it will not be possible to completely avoid marriage at work. And most importantly, it will be difficult to agree with the customer about whether a mistake was made in this particular case or whether everything was done in accordance with his requirements.
Nevertheless, as the representatives of the brigades admit, today a large percentage of private houses are being built without a project. Often it is simply replaced by a set of pictures of facades and a hand-sketched floor plan. Lawyers believe that even in such extreme conditions, it is possible to draw up a construction contract that will help build a sufficiently high-quality housing and will resolve most of the misunderstandings between the contractor and the customer. The head of Pravoved LLC, lawyer Elena Khairullina, in particular, recommends including in the contract information on the size of the object, the number of floors, data on the type of foundation, a description of the method of performing the structural elements of construction, the types of building materials used. The description can be placed in a separate annex to the agreement.
Andrey Saunin
head of the law office
If the construction is carried out without a project, then the contract, at least, should have such a description of the object, on which it will be possible to conclude whether the finished object complies with the agreements of the parties. Nevertheless, it is advisable to have a well-developed draft design of the house, a technical and functional description as an appendix to the contract.
The technical description of the cottage can be something like this:
- A two-storey house with a cold attic, a gable roof. The foundation is monolithic, tape, concrete M300, tape width 400 mm, buried 500 mm, above the ground - 500 mm.
- Outside dimensions - 6 by 9 meters.
- Living area - 55-60 sq. m.
- Number of floors - 2.
- The clear height of the floors is 2.7 m.
- Exterior wall material - twin blocks 400 mm.
- External wall insulation - 100 mm basalt slabs.
- Partitions - twin blocks 200 mm.
- Ceiling type - on wooden beams 200 mm.
- Floor insulation - 200 mm basalt slabs.
- Roof type - bituminous shingles.
- Exterior wall decoration - decorative plaster bark beetle.
- The outer finish of the basement is natural stone.
- Windows and sills are plastic, slopes - plaster.
Functional Description:
Ground floor: covered porch, vestibule, bathroom, hallway-staircase hall, kitchen-dining room. On the second floor of the house there are two bedrooms, a staircase hall, and a bathroom. Heating from a gas boiler installed in the kitchen.
How much does the right contract cost?
Dozens of law firms and private lawyers are ready to provide assistance in the analysis of consumer contracts in Yekaterinburg. If the contract deals with the full cycle of work on the construction of a private house, then the cost of the service for its preparation fluctuates in the region of 3-10 thousand rubles. You can come to a lawyer with a ready-made contract (for example, proposed by a construction team). The analysis and correction of such a document will cost about 2 thousand rubles.
In turn, if the customer incurred losses due to a lawyer who made a mistake in drawing up the contract, then he (the customer) may demand compensation from the lawyer. However, as the jurists themselves note, there is still no judicial practice in such cases.
You can download a version of the household contract for the construction of a house.
You can download the version of the household contract for the construction of the foundation.
Document type: Construction contract
Document file size: 22.7 kb
Form of a contract for the construction of a residential building
Sample contract for the construction of a residential building (completed form)
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Contract for the construction of a residential building No.
represented by a person acting on the basis, hereinafter referred to as " Contractor", On the one hand, and in the person acting on the basis, hereinafter referred to as" Customer", On the other hand, hereinafter referred to as" Parties", Have entered into this agreement, hereinafter referred to as the" Agreement ", as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. The contractor undertakes, in accordance with the terms of reference, design and estimate documentation and the construction work schedule, to carry out the construction of a residential building in the period from "" to "" year, and the customer undertakes to accept the work and pay for it.
1.2. The terms of reference, estimate and schedule must be agreed and signed by the parties no later than days from the date of signing this agreement. The date of signature is the starting date for calculating the dates indicated in the schedule.
1.3. The customer undertakes to provide the contractor with all the materials necessary for the construction and provide a land plot with an area of hectares for construction at the address:.
2. COST OF WORKS AND PAYMENT PROCEDURE
2.1. The cost of work is established by the estimate, which is an appendix to this contract.
2.2. Payment for work is made in two parts:
- within banking days from the date of signing by the parties of the terms of reference, schedule and estimate, an advance payment in the amount of% of the total amount of the estimate;
- within banking days from the date of signing by the parties of the acceptance certificate, the final payment in the amount of% of the total amount of the estimate.
2.3. All calculations are made in rubles.
2.4. The value added tax on the work performed must be indicated for each item of the estimate separately and as a whole for the total and, when paid, is allocated a separate amount in the payment order of the customer.
2.5. In the event of early termination of the contract before the completion of the work, the contractor undertakes to return the advance payment to the customer in the part exceeding the work actually performed under the contract within banking days from the date of receipt of the customer's request.
3. 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 calendar days from the date of receipt of the acceptance certificate, is obliged to send the contractor a signed acceptance certificate or a reasoned refusal to accept the work with specific comments. If, within the specified 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, at the expense of the contractor.
3.4. In case of early performance by the contractor of the work, the customer may early accept and pay for the work at the agreed price.
3.5. In the event of termination of work at the direction of the customer, the parties are obliged to draw up a bilateral act on the part of the work performed and the actual costs of the contractor within a day from the date of termination of the work. After drawing up the act, the parties must, within days, make mutual settlements, taking into account the work performed by the contractor and the advance listed earlier.
4. RESPONSIBILITY OF THE PARTIES
4.1. For non-preservation of the material in the possession of the contractor, the latter is responsible.
4.2. The customer is responsible for the impossibility to use the material provided by him without deteriorating the quality of work. Materials that do not correspond to the samples specified in the technical documentation are subject to replacement by the customer within a day. If the materials provided by the customer cannot be used by the contractor due to the lack of the necessary equipment, the customer is released from liability.
4.3. If the customer does not provide the contractor with construction materials on time, the latter is not responsible for changing the timing of the completion of work.
4.4. For violation of the deadlines for the performance of work, the contractor is liable for losses caused by the delay and for the consequences of the impossibility of performance accidentally occurring during the delay by paying a penalty for each delayed day in the amount of% of the cost of the work.
4.5. For violation of the terms of payment for work, the customer pays to the contractor for each overdue day a penalty in the amount of% of the cost of work.
4.6. Payment of penalties does not relieve the obligations of the parties to complete the work and, accordingly, to pay them in full.
5. OTHER CONDITIONS
5.1. Any changes to the terms of this agreement are formalized by an additional agreement of the parties and come into force after being signed by the authorized representatives of the parties.
5.2. If during construction it becomes necessary to carry out additional work that was not taken into account in the technical documentation, the contractor is obliged to notify the customer about this and, if he does not receive a response from him, suspend the work within a day.
5.3. The customer is liable for compensation for losses caused by delay, if he does not prove that there is no need for additional work.
5.4. Additional work is paid by the customer if the contractor proves the need to act in the interests of the customer immediately.
5.5. If the contractor performs additional work without receiving a response from the customer or receiving a refusal from the customer, the latter has the right to refuse to pay for them and to reimburse damages.
5.6. The contractor has the right to demand additional payment of reasonable costs incurred by him in connection with the identification and elimination of defects in the technical documentation. The contractor is not obliged to prove the reasonableness of his actions.
6. OBLIGATIONS AND WARRANTIES OF THE PARTIES
6.1. The customer is obliged to transfer to the contractor in the prescribed manner the approved design and estimate documentation, schedule, technical documentation, construction materials, equipment, to ensure the continuity of financing for construction, to accept from the contractor a completed construction residential building from the contractor.
6.2. The customer is obliged to pay for the work.
6.3. The customer provides the contractor with access to the facility necessary for normal operation.
6.4. The contractor undertakes to start the work no later than the working day following the day of the conclusion of the contract and to complete the work on the date specified in the contract.
6.5. The contractor undertakes to insure in the insurance company the risk of accidental loss or damage to the construction site and liability to third parties for causing damage to them during construction.
6.6. The contractor guarantees the preservation of the quality of the result of the work performed for years, starting from the date of the signing by the parties of the acceptance certificate, provided that the customer fulfills the relevant requirements specified in the technical documentation. Post-warranty service conditions are defined in a separate agreement.
6.7. The contractor undertakes to transfer to the customer, together with the results of the work, and technical documentation.
7. EARLY TERMINATION
7.1. The parties have the right to terminate this agreement by mutual agreement.
7.2. The customer has the right to terminate this contract ahead of schedule by notifying the contractor in writing no later than calendar days before the expected date of termination of the contract, in the following cases:
7.2.1. If the performance of work under the contract by the contractor is delayed by more than calendar days;
7.2.2. If the contractor does not start performing work under the contract within calendar days or performs the work so slowly that it becomes clearly impossible to finish it by the deadline;
7.2.3. If the contractor made significant deviations from the contract in the work.
7.3. In all these cases, the contractor is obliged, within banking days from the date of receipt of the customer's request, to return the amount of money transferred to the contractor in the part that exceeds the cost of the work actually performed and accepted by the customer.
8. GROUNDS FOR EXEMPTIONS FROM LIABILITY
8.1. Neither party will be liable for non-performance or improper performance by one of the parties of its obligations if proper performance was impossible as a result of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of the contract. The parties include such circumstances: fire, flood, earthquake, other natural disasters, war, hostilities, strikes, the adoption by state authorities and management of regulations that make it impossible for the parties to fulfill or properly fulfill their obligations.
8.2. If any of such circumstances directly affected the failure to fulfill the obligation within the period specified in the agreement, then this period shall be postponed proportionately for the duration of the relevant circumstance.
8.3. The party for which it became impossible to fulfill obligations as a result of the above circumstances is obliged to immediately, no later than days from the moment of their occurrence and termination, notify the other party in writing. The presence and duration of force majeure circumstances must be confirmed by an act issued by the relevant competent authority.
8.4. If these circumstances last more than months, each of the parties has the right to unilaterally terminate this agreement, having previously notified the other party calendar days before the date of termination. In this case, the parties are obliged to make mutual settlements, taking into account the advance payments paid and the cost of the actually performed work. After the mutual settlements have been made, the parties are not entitled to demand from each other compensation for any other losses.
9. DISPUTE RESOLUTION PROCEDURE
9.1. Disagreements arising in connection with this agreement are resolved by the parties through negotiations. If an agreement cannot be reached, then all disputes and disagreements under this agreement shall be submitted by the parties to the Arbitration Court of St.
10. APPENDICES
10.1. Attached to this agreement as an integral part of it:
- Terms of reference for the construction of a residential building;
- Schedule for the construction of a residential building;
- Cost estimate for the construction of a residential building;
- Requirements for the operation of a residential building.
11. CONCLUSION
11.1. This agreement comes into force from the moment of its signing by the parties and is valid until the end of the fulfillment by the parties of their obligations under the agreement.
11.2. All changes and additions to this agreement are valid if made in writing and signed by the parties.
12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Contractor
- Legal address:
- Mailing address:
- Phone fax:
- INN / KPP:
- Checking account:
- Bank:
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