for execution construction work in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Contractor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. DEFINITIONS

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

1.1.1. Parties– Customer and Contractor.

1.1.2. An object– Customer’s premises.

1.1.3. Contract Agreement, hereinafter referred to as the “Agreement”– this document, including all the guarantees contained therein, annexes signed by the Customer and the Contractor, additions and changes to it that may be signed by the Parties, incl. during the period of work.

1.1.4. Construction site– the territory or premises necessary to carry out construction work under this Agreement, located at the address: .

1.1.5. Works– a set of repair works to be performed by the Contractor in accordance with the terms of the Contract and handed over under the Acceptance Certificate for the work performed under the Contract.

1.1.6. OK– confirmation in writing made by the Owner (or Contractor).

1.1.7. Acceptance certificate for completed work under the Contract– a document confirming the completion (handover) of the Work by the Contractor and acceptance of the Object (or part thereof) by the Customer.

2. SUBJECT OF THE AGREEMENT

2.1. The Customer instructs, and the Contractor undertakes, the obligation to carry out construction work at the Customer’s site in accordance with the developed design, technical and estimate documentation, approved by the Customer.

2.2. Specific types and volumes of work performed are determined by the Appendices (Estimates) to this Agreement.

2.3. Work must be carried out in accordance with building codes and regulations, compliance with Safety Rules during construction and installation work and the requirements of the Lessor.

3. COST OF WORK

3.1. The total cost of work on the facility is indicated in the Appendices (Estimates), which are an integral part of this Agreement.

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

• when increasing or decreasing the volumes and types of work included in the Appendices (Estimates) to this Agreement;
• when the nature, quality or type of the specified work changes;
• when the taxation procedure in the Russian Federation changes after the conclusion of the Agreement, in particular the introduction of new taxes and other fees, their cancellation or changes in the amounts in force on the day of signing the Agreement.

3.3. If such changes affect the cost or completion date of the work, the Contractor will begin to carry them out only after the Parties have signed the relevant Additional Agreement to this Agreement, which becomes an integral part of this Agreement from the moment of signing.

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1. The Contractor undertakes:

4.1.1. Carry out the Work with delivery to the Customer within the time limits provided for in this Agreement.

4.1.2. Be responsible for safe working conditions, implementation of fire safety measures at the site and methods of carrying out work at the site. For damage caused to third parties during the work, the Contractor shall be liable if the damage was caused through his fault.

4.1.3. Treat information provided to him by the Customer as confidential.

4.1.4. Follow the Customer’s instructions received during the execution of the work, unless they contradict the terms of the Agreement.

4.1.5. Within days from the date of signing this Agreement, appoint an authorized representative of the Contractor and inform the Customer about this in writing, indicating the full scope of powers granted to him.

4.1.6. At your own expense, with your own strength and means, accept, unload, and store construction equipment and equipment for the Contractor’s work.

4.1.7. Clean the construction site from construction debris every day during the work process and upon completion of the work.

4.1.8. Before handing over the facility for installation of equipment, remove materials, tools and equipment belonging to the Contractor, and remove construction waste.

4.2. The Contractor has the right, in agreement with the Customer, to involve third parties to perform work under the Contract. In this case, the Contractor bears full responsibility to the Customer for the fulfillment by third parties of the terms of the Agreement.

4.3. The Contractor is obliged to immediately warn the Customer and, until receiving instructions from him, to suspend work if it is discovered: unsuitability or poor quality of materials, equipment provided by the Customer or technical documentation; other circumstances beyond the control of the Contractor that threaten the suitability, strength, reliability or quality of the results of the work performed, or make it impossible to complete it on time.

4.4. The contractor is required to enter into an agreement to insure his professional liability for the period of construction work.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The customer undertakes:

5.1.1. Transfer to the Contractor the premises suitable for construction work in accordance with the Act.

5.1.2. The Customer is obliged, in cases, to the extent and in the manner provided for in this Agreement, to provide assistance to the Contractor in performing the work.

5.1.3. Make payments and accept work performed in the manner and within the time limits provided for in this Agreement.

5.2. The Customer has the right at any time to check the progress and quality of the work performed by the Contractor, without interfering with operational activities. If significant deficiencies are discovered, the Customer has the right to stop work until they are eliminated. This fact is recorded in the work log.

5.3. The Customer has the right, in agreement with the Contractor, to purchase the necessary equipment and materials against the cost of the work. In this case, the price of work payable to the Contractor is reduced by the cost of purchased equipment and materials provided for in the Estimate.

5.4. During the period of validity of this Agreement, the Customer has the right to involve persons other than the Contractor to perform the work provided for in this Agreement, if the Contractor performs the work with inadequate quality or delays, with all costs associated with the involvement of third parties being assigned to the Contractor.

5.5. In the case specified in clause 5.4 of this Agreement, the Customer, within working days from the date of conclusion of the Agreement with another contractor, sends the Contractor a written request and invoice for payment of all costs associated with the involvement of third parties. The invoice must be paid by the Contractor within one day from the date of its receipt.

6. DATES FOR COMPLETION OF WORK

6.1. The Contractor begins work within working days after the Customer transfers the advance payment to his bank account.

6.2. The deadline for the implementation and completion of work on the Appendices (Estimates) is determined by the Calendar Schedule.

6.3. In the event of a stoppage of work or downtime through no fault of the Contractor, a bilateral Report is drawn up and the work deadlines are adjusted by the Parties in proportion to the downtime time.

7. TERMS OF PAYMENTS AND SETTLEMENTS

7.1. Payments under Applications (Estimates) are made in the following order:

7.1.1. The Customer pays the Contractor an advance for the purchase and delivery of materials in the amount of % of total cost works according to the Appendices (Estimates) no later than banking days from the moment of receipt of the invoice issued by the Contractor.

7.1.2. The following stages of payment (in case of completion of work over one month): are made according to the certificates of completion of work according to the Appendices (Estimates) with the offset of the paid % of the advance payment.

7.1.3. The final payment remaining from the cost of work according to the Appendices (Estimates) is paid by the Customer within banking days from the date of signing by the Parties of the Acceptance Certificate of the premises for operation.

7.2. The Customer's payment obligations are considered fulfilled from the date of write-off Money from the Customer's bank account.

7.3. If the Contractor completes the work ahead of schedule, the Customer may accept and pay for the work ahead of schedule.

8. PRODUCTION AND ACCEPTANCE OF WORK

8.1. Before starting work, the Contractor accepts the premises from the Customer according to the Certificate indicating (if any) the work performed or installed engineering equipment by another contractor.

8.2. The Contractor, together with the Customer, arranges the admission of its working personnel to the site in accordance with the requirements of the Lessor and its technical services.

8.3. The Customer appoints his representative at the site, who, on behalf of the Customer, together with the Contractor, draws up Certificates for completed hidden work and resolves issues arising during the execution of work. A representative authorized by the Customer has the right to unhindered access to all types of work during the entire period of their implementation and at any time during their production.

8.4. The Contractor independently organizes the execution of work at the site in accordance with the deadlines determined by the Schedule Plan to the Appendices (Estimates).

8.5. From the moment the work begins until its completion, the Contractor maintains a work log, which records facts and circumstances related to the work and that are important for the relationship between the Parties (start and completion dates of work, reports of inspection and acceptance of work (including . and hidden) and coordination of design and technical solutions with the Customer). If the Customer is not satisfied with the progress and quality of work or the Contractor’s records, then he expresses his opinion in the work log. The Contractor undertakes to take measures within three days to eliminate the deficiencies indicated by the Customer in the work log.

8.6. During production and closing hidden work The Contractor is obliged to notify the Customer and invite his representative for inspection and acceptance. The customer inspects and accepts the work performed and records it in the work log.

8.7. Submission of completed work according to the Appendices (Estimates) is carried out in the following order:

8.7.1. The Customer accepts the work within working days from the date of receipt from the Contractor of written notification of the completion of the work in accordance with the Appendices (Estimates) and the readiness of the premises for installation of technological equipment.

8.7.2. Along with the notification of the readiness of the premises for installation of technological equipment, the Contractor transfers to the Customer a set of as-built design and technical documentation.

8.7.3. Within the specified period, the Customer accepts the premises and, if there are identified shortcomings and defects, records them in the Certificate. A copy of the Certificate is sent to the Contractor to take measures to eliminate the identified shortcomings and defects.

8.7.4. After installation of the technological equipment, the Customer accepts the premises for operation with the preparation of a Certificate or sends the Contractor a reasoned refusal indicating the reasons preventing the acceptance of the premises for operation.

8.7.5. If there is a need to carry out additional work and, in connection with this, a significant increase in price at a certain stage of the work according to the Appendices (Estimates), the Contractor is obliged to promptly notify the Customer about this.

8.7.6. Additional work is carried out after the Parties sign the Additional Agreement and agree on the cost of the work.

9. FORCE MAJEURE CIRCUMSTANCES

9.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it was a consequence of natural phenomena, military actions, prohibitory acts of government authorities of the Russian Federation, if these circumstances arose after the signing of the Agreement and directly affected the execution of this Agreement. The deadline for fulfilling obligations under the Appendices (Estimates) is postponed in proportion to the time during which the force majeure circumstances were in effect, as well as the consequences caused by these circumstances.

9.2. A Party for which it is impossible to fulfill its obligations under this Agreement due to force majeure circumstances is obliged to immediately notify the other Party in writing of the occurrence and termination of these circumstances upon their occurrence. Untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to them in the future.

9.3. If force majeure circumstances or their consequences last more than a month, the Parties will discuss within working days what measures should be taken to continue work under the Agreement. If the Parties cannot agree within months, then each of the Parties has the right to demand termination of the Agreement.

10. TERMINATION OF THE AGREEMENT

10.1. Genuine contract may be terminated by agreement of the Parties.

10.2. The Customer has the right to demand termination of the Agreement in the following cases:

• violation by the Contractor of the work deadlines, provided that the completion date established in the Schedule increases by more than calendar days;
• violation by the Contractor of the terms of the Contract, leading to a decrease in the quality of work provided for by the project, construction standards and regulations;
• revocation of license for construction activities, publication of other acts government agencies within the framework of current legislation, depriving the Contractor of the right to carry out work;
• in case of untimely warning to the Customer about the need to exceed the price of work specified in the Appendices (Estimates).

10.3. The Contractor has the right to demand termination of the Contract in the following cases:

• when the Customer stops the work for reasons beyond the Contractor’s control for a period exceeding 30 (thirty) calendar days;
• in case of financial insolvency of the Customer, as well as in case of liquidation.

10.4. When terminating the Contract at a facility with unfinished work, the Parties draw up Acceptance Certificates for completed work in the form KS-2 and KS-3, on the basis of which the Customer pays the Contractor the cost of the actually completed work in accordance with the Appendix (Estimate) at the time of termination of the Contract.

10.5. The Party that decides to terminate the Agreement in accordance with the provisions of this Section shall send written notice to the other Party no later than calendar days before the proposed date of termination of this Agreement.

11. RESPONSIBILITY OF THE PARTIES

11.1. In the event of an unreasonable delay in the deadlines for transferring payment for work performed, established by the Contract and the Schedule to the Appendices (Estimates), the Customer shall pay the Contractor a penalty in the amount of % of the payable amount for each day of delay, but not more than % of the cost of the work according to the Appendix (Estimate).

11.2. In cases of failure to meet the deadlines for completing the work established by the Calendar Plan due to the fault of the Contractor, he will be paid a penalty in the amount of % of the cost of work for each day of delay, but not more than % of the cost of work according to the Appendix (Estimate).

11.3. Payment of penalties for late or other improper fulfillment of obligations under the Agreement, as well as compensation for losses caused by improper fulfillment of obligations, does not relieve the Parties from fulfilling their obligations.

11.4. Payment of penalties is made within banking days from the date of receipt of written notification of the other Party about the collection of penalties to the settlement account of the Parties.

11.5. The Contractor is not responsible for damage to existing communications discovered as a result of work and not specified in the project.

12. SPECIAL CONDITIONS

12.1. After signing this Agreement, all previous written and oral agreements, correspondence, negotiations between the Parties related to this Agreement become invalid if they contradict this Agreement.

12.2. Damage caused to a third party as a result of work at the site through the fault of the Contractor shall be compensated by the Contractor.

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

12.4. Any agreement between the Parties entailing new obligations that are not included in this Agreement must be confirmed in writing by the Parties in the form of additions and amendments to it.

12.5. In all other respects that are not provided for in this Agreement, the current legislation of the Russian Federation applies.

12.6. All Appendices (Estimates) and Work Schedules to the Contract are an integral part of it.

12.7. Controversial issues arising during the execution of this Agreement are resolved through negotiations; if no agreement is reached, the disputes are resolved by the Arbitration Court.

12.8. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

13. OTHER TERMS

13.1. The Contractor shall, in performing its obligations under this Agreement, comply with the highest ethical and professional standards and must comply with all applicable laws and regulations.

13.2. The Contractor agrees to the following:

• Not make or offer, directly or indirectly, a payment or gift to any employee, official or a representative of a government, government agency or other body or any political party or to an official thereof or to any candidate for political office in circumstances where the payment or gift would constitute an unlawful payment or where the payment or gift was made for the purpose of securing an undue advantage or obtaining any income from the business;
• Make every effort to maintain its reputation and promote the interests of the Customer, and has no right to allow a conflict between its interests and the responsibilities it has to the Customer.

14. TERM OF THE AGREEMENT

14.1. The Agreement comes into force from the moment it is signed by both Parties and is valid for one calendar year. If, before the expiration of the Agreement, neither Party notifies the other Party of its intention to terminate the Agreement, then the Agreement is considered extended for the next calendar year on the same terms, with the extension procedure retained for subsequent years.

15. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Customer

Contractor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and in the person acting on the basis of, 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 Customer delivers, and the Contractor undertakes the implementation of, the scope of which and the delivery time (stage by stage) are determined by the attached list and the order estimate, which are an integral part of the contract.

1.2. The estimated cost of work under the contract is determined by the contract price in the amount of rubles. Payment is made as intermediate objects (types of work) are completed by payment orders broken down by quarter.

1.3. The deadline for the Customer to provide approved design estimates and other technical documentation is set to “” one year.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor is obliged:

• carry out the assigned work efficiently in accordance with design estimates and other technical documentation, using our own resources, tools, mechanisms and materials in compliance with building codes and regulations and hand over the completed work to the Customer. The deadline for final completion of the work is set to "" years. The deadlines for completing individual stages are determined by the attached calendar plan.
• notify the Customer in writing days in advance of the readiness of intermediate works to be delivered.
• take measures to ensure the safety of the property entrusted to him by the Customer.
• if it is necessary to exceed the cost estimate, as well as the occurrence of circumstances that impede the execution of work, notify the Customer about this no later than days in advance.

2.2. The customer undertakes:

• accept the completed work from the Contractor within one day from the date of receipt of written notice of its completion from him.
• pay the Contractor for the work within the time limits established by the contract.

3. RESPONSIBILITY OF THE PARTIES

3.1. For failure to fulfill or improper fulfillment of obligations assumed under the contract, the parties bear property liability:

• for violation of the deadlines (start and completion) of work, the Contractor shall pay a penalty in the amount of % of the cost of uncompleted work;
• in case of detection of significant deficiencies in the quality of the work performed, the Customer has the right to correct deficiencies at the Contractor’s expense within the limits of % of the total estimated cost works;
• for delay in transferring design estimates and other technical documentation to the Contractor within the time limits established by the contract, the Customer shall pay a fine in the amount of rubles for each day of delay.

4. ADDITIONAL CONDITIONS

4.1. The Customer undertakes to ensure the safety of the materials and tools used in the performance of work by the Contractor.

4.2. The validity period of this agreement is set from "" year to "" year.

5. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Contractor

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Customer

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

By a contract for construction work, the customer establishes the obligation for the contractor to build an object or carry out construction work within a certain period of time. Let's look at a sample contract for construction work that can be downloaded.

Read in the article:

Essential terms of the construction contract

The document must contain essential terms. Moreover, the parties should agree on them before signing it. Otherwise, if a legal dispute arises, the contract may be considered unconcluded.

This means that the customer does not have the opportunity to demand that the contractor fulfill his obligations and apply sanctions provided for by the terms of the contract. The contractor will not have such opportunities either.

The Supreme Arbitration Court of the Russian Federation has already explained possible consequences in his information letter dated January 24, 2000 No. 51 (see clause 4). Thus, without agreeing on the end of the period, “the customer did not have an obligation to transfer the documentation. Therefore, the penalties established by this agreement are not subject to collection.”

But the parties can confirm the validity of the terms of the contract, in particular, through full or partial execution. But in this case, it will not be possible to require judges to recognize the contract as not concluded when actions contradict the principle of good faith. The Supreme Arbitration Court of the Russian Federation, in information letter No. 165 dated February 25, 2014, noted that judges should evaluate evidence in favor of preserving the contract. That is, in terms of uncoordinated but fulfilled conditions, the need for additional insurance is lost.

The essential terms of the contract for construction work are as follows:

• item;
• deadlines for its execution;
• composition and content of technical documentation;
• which party should provide technical documentation and when.

In addition, the judges consider the condition on the price of work to be significant (post. AS of the Far Eastern District dated 05/11/2016 No. F03-1469/2016, AS of the Volga District dated 04/22/2016 No. F06-8000/2016).

Other terms of the construction contract

Failure to agree on other conditions will not lead to the non-conclusion of the contract. But when decorating, still pay attention to them. A detailed and accurate description of them will allow you to avoid financial costs and litigation in the future. Carefully consider the terms and conditions that the contractor offers. These may be conditions:

• about payment;
• acceptance and delivery of objects and works;
• provision of construction materials and equipment;
• quality of construction, guarantee and procedure for eliminating defects;
• insurance;
• additional responsibilities of the customer;
• control over the work
• ensuring the operation of the facility.

Please note: if the contractor refuses to include the terms he proposes in the contract, judges may consider it not to contain an essential condition. The contractor has the right to declare such conditions when agreeing on the contract (Clause 1 of Article 432 of the Civil Code of the Russian Federation).

Sample contract for construction work

We bring to your attention samples of various situations available for download:

• Download contract form for construction work that is beneficial to the customer
• Download a completed sample contract for construction work
• Download the contract form for construction work, beneficial to the contractor
• Download a completed sample construction contract that is beneficial to the contractor
• Download contract form for construction work with warranty retention
• Download a sample contract for construction work with a warranty deduction
• Form of contract for construction work for an individual customer
• Sample contract for construction work for an individual customer

Also check out an example of a contract, the terms of which will be beneficial to the customer

AGREEMENT
construction contract No. 1

LLC "Aktiv", hereinafter referred to as "Contractor", represented by general director Irina Dmitrievna Vasilveva, acting on the basis of the charter, on the one hand, and Passive LLC, hereinafter referred to as the “Customer”, represented by General Director Petr Petrovich Smirnov, acting on the basis of the charter, 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 Customer instructs, and the Contractor undertakes, to complete the work on the construction of residential building “A” in accordance with the technical documentation and estimates within the time period established by this contract.

1.2. The Customer undertakes to create the necessary conditions for the Contractor to perform the work, accept the result and pay for the work performed by the Contractor specified in clause 1.1 of this contract.

1.3. The technical documentation is developed by the Contractor and submitted to the Customer for approval no later than 10 working days from the date of signing by the Parties of this agreement.

2. COST OF WORK AND PAYMENT PROCEDURE

2.1. The total price of all work, materials and equipment necessary to perform work under this agreement is fixed and amounts to 5,000,000 (Five million) rubles. 00 kopecks, including VAT 18 percent - 762,711 rubles. 86 kopecks

The contract price includes all, without exception, the Contractor's costs associated with the performance of work, including production and operating costs, overhead costs, the cost of materials, equipment, wages, fiscal deductions, taxes, fees, travel, daily and vacation expenses, the cost of fuels and lubricants , maintenance and repair of machinery and equipment, cost of temporary materials.

The price calculation for this contract is given in the construction estimate (Appendix 1 to this contract). Errors made by the Contractor when calculating the prices indicated in the estimate are entirely attributable to the Contractor and are not grounds for changing the contract price.

2.2. The work is considered completed by the Contractor and accepted by the Customer after the parties sign the work acceptance certificate.

2.3. The Customer undertakes to pay for the work performed by the Contractor within two days from the date of signing the work acceptance certificate, provided that the work is completed properly and on time established in this contract, or, with the Customer’s consent, ahead of schedule.

2.4. Payment for the work is made by transferring the Customer the amount specified in clause 2.1 of this agreement to the Contractor's bank account.

3. TIMELINES AND STAGES OF WORK COMPLETION

3.3. Deadlines for completion of intermediate stages of work:

4. DURATION OF THE AGREEMENT

4.1. This agreement comes into force on the date of its signing by the Customer and the Contractor.

4.2. This agreement is concluded for a period until August 17, 2020. If the Contractor does not deliver the completed work to the Customer within the specified period, the Customer has the right to unilaterally terminate this agreement.

4.3. Until the Parties complete the fulfillment of their obligations arising from this agreement, the relevant terms of the agreement remain in force.

5. PROVIDING MATERIALS AND EQUIPMENT

5.1. Construction work is carried out at the expense of the Contractor.

6. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR RESOLUTION OF DISPUTES

6.1. For delay in completing the work, the Contractor shall pay the Customer a fine in the amount of 5 percent of the contract amount and a penalty at the rate of 0.5 percent of the contract amount for each day of delay.

6.2. For any deviations from the requirements provided for in the technical documentation or building codes and regulations binding on the parties to this contract, the Contractor is obliged to pay the Customer a fine in the amount of 5 percent of the contract amount for each case of deviation from these requirements.

6.3. Disputes and disagreements that may arise during the execution of this agreement, the Parties will strive to resolve in pre-trial (claim) procedure.

The Party whose right has been violated, before applying to the arbitration court, is obliged to present a claim to the other Party outlining its demands.

The claim is sent by email and sent at the same time by mail by registered mail with notification of delivery. The date of receipt of the claim is considered to be the day it was transmitted by email. The deadline for responding to a claim is 14 calendar days from the date of its receipt.

The response to the claim is sent by email and at the same time sent by registered mail with acknowledgment of receipt. If the claims are not satisfied (in whole or in part) within the period specified in the claim, the Party whose right is violated has the right to appeal statement of claim to the arbitration court.

6.4. If agreement between the Parties is not reached in the claim procedure, the dispute is subject to consideration in the Arbitration Court of the Smolensk Region in the manner prescribed current legislation.

7. SUBMISSION AND ACCEPTANCE OF WORK

7.1. The Contractor is obliged to send written notice to the Customer upon completion of each intermediate stage of construction specified in clause 3.3 of this contract, and upon completion of all construction work.

7.2. Acceptance of the work result must be preceded by preliminary tests.

The tests are carried out by the Contractor in the presence of representatives of the Customer within 30 working days from the date of completion of the work.

7.3. Within three days from the date of receipt of the notice of completion of the intermediate stage of construction, the Customer is obliged to begin acceptance of the corresponding stage.

The customer is obliged to begin accepting all work (completed construction of the facility) within three days from the date of receiving a positive result of preliminary tests.

7.4. Acceptance of each stage of work and completed construction of the facility is formalized by a bilateral acceptance certificate signed by the General Director of Passiv LLC

P.P. Smirnov on behalf of the Customer and General Director of Aktiv LLC I.D. Vasilyeva on the part of the Contractor.

8. ADDITIONAL TERMS

8.1. The Customer provides the Contractor construction site by August 17, 2018. The contractor is obliged to independently carry out the following activities to prepare the construction site for work:

– elimination of existing soil contamination (if any);

– demolition, dismantling of structures and relocation of communications, cutting down plantings that can create interference during the performance of work;

– clearing the construction site of debris.

8.2. The Customer has the right at any time, at his own discretion, to enter into an agreement with an engineer (engineering organization) in order to monitor the progress of work and (or) make decisions under this agreement on behalf of the Customer.

The Customer is obliged to notify the Contractor of the appointment of an engineer (engineering organization). The Customer notifies the Contractor in writing about the functions and powers of the engineer (engineering organization) in connection with the execution of this contract by providing a power of attorney from the representative (representatives) of the engineer (engineering organization).

8.3. The Contractor ensures that insurance contracts for the Contractor's liability for damage caused to other persons during construction in the amount of RUB 3,000,000 are maintained during the period of execution of this contract. The Contractor is obliged to agree in writing with the Customer on the candidacy of the insurer within 30 working days from the date of conclusion of this agreement.

8.4. The warranty period for the work performed is five years from the date of signing the acceptance certificate for the completed construction of the facility.

8.5. If during the execution of work or during the warranty period any defects, damages, inconsistencies (deficiencies) are discovered at the site or any part of the site, for which the Contractor is not responsible, the Customer has the right to send a notice to the Contractor within a reasonable time, in which he lists such defects (defects). Within 10 working days from the date of receipt of such notification, the Contractor undertakes to enter into an additional agreement with the Customer to this agreement to eliminate such deficiencies at the Customer’s expense.

8.6. The rights and obligations of the parties not expressly provided for in this agreement are determined in accordance with the Civil Code of the Russian Federation.

9. ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer:
LLC "Passive"
Address: 317020, Tver, st. Moskovskaya, 17
TIN 6932000017, checkpoint 693201001,
account 40702810400000001234
in JSCB "Pravilny",
c/s 3010181040000000123,
BIC 044585123

Contractor:
Aktiv LLC
Address: 317020, Tver, st. Leningradskaya, 45
TIN 6908123456, checkpoint 690801001,
account 40702810400000001111
in JSCB "Pravilny",
c/s 30101810400000000222,
BIC 044583222

This agreement is drawn up in two copies in Russian. Both copies are identical and have equal legal force. Each party has one copy of this agreement.

10. SIGNATURES OF THE PARTIES:

Guidelines for concluding a contract for construction work

To draw up the document discussed in the article, you will find the Guidelines for drawing up construction contracts in the Russian Federation (letter of the Ministry of Construction of Russia dated June 10, 1992 No. BF-558/15) useful. It represents Toolkit on the development and drafting of contract agreements for the construction of housing, as well as industrial, cultural and social facilities. The manual is not mandatory for use. But it contains examples of a contract for construction work and specific wording of certain clauses.

You can also use International conditions construction agreement (1977). The document was developed by the International Federation of Consulting Engineers. It is also not required for use. As a rule, they are used to guide construction foreign participation. Although some of its provisions will also be useful in domestic Russian construction.

Civil Code of the Russian Federation
Article 740. Construction contract

1. Under a construction contract, the contractor undertakes, within the period established by the contract, to build a certain object according to the customer’s instructions or to perform other construction work, and the customer undertakes to create the necessary conditions for the contractor to carry out the work, accept their result and pay the agreed price.
2. A construction contract is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other object, as well as for the performance of installation, commissioning and other work inextricably related to the object under construction. The rules on construction contracts also apply to major repairs of buildings and structures, unless otherwise provided by the contract. In cases provided for by the agreement, the contractor assumes the obligation to ensure the operation of the facility after its acceptance by the customer for the period specified in the contract.
3. In cases where, under a construction contract, work is performed to satisfy the household or other personal needs of a citizen (customer), the rules of paragraph 2 of this chapter on the rights of the customer under a household contract are respectively applied to such an agreement.

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Attached files

• Contract form for construction work for a citizen.doc
• Contract form for construction work withholding.doc
• Contract form for construction work benefit of the contractor.doc
• Contract form for construction work for the benefit of the customer.doc
• Sample contract for construction work for a citizen.doc
• Sample contract for construction work retention.doc
• Sample contract agreement for construction work benefit of the contractor.doc
• Sample contract for construction work for the benefit of the customer.doc

Among the contract agreements there is a large number of samples, and one of them is a contract for construction work. About the structure of the document, as well as how to compose it correctly, ready-made example agreements are given in the article.

In practice, the contract is one of the most common. It is drawn up and signed between two parties:

• contractor (i.e. performer);
• customer.

Any person can act as both parties:

• private citizens;
• individual entrepreneurs;
• any legal entities(private companies, government agencies, public associations, etc.).

The document is drawn up when the contractor performs certain work in the interests and at the request of the customer. Moreover, in Civil Code it is directly established that it is possible to conclude a contract for construction work: and you can choose any document as a sample document.

This includes a variety of construction works:

• the actual construction (construction) of any object;
• its reconstruction or major renovation;
• any types of installation and/or commissioning work;
• finishing work, other types of construction work.

It is important to keep in mind, however, that since uniform forms civil contracts does not exist, the parties must ensure that the text reflects all the essential conditions without which the contract may be declared invalid. In the case of a contract, the essential conditions include:

1. A specific subject is a description of the types of work, the planned result, as well as the facility itself on which the performer (contractor) will work.
2. Completion deadline (it can be indicated either before a specific date or by indicating a period of time, for example: “2 months”).

As for the remaining conditions (payment for services, features of acceptance of the object, etc.), they are not significant, which does not detract from their importance. Therefore, when drawing up a sample contract agreement, you need to pay attention to all sections related to the description of construction work, deadlines, payment, acceptance, etc.

Structure and sample contract 2018 - 2019

The text of the agreement should provide for all the details - especially those related to the description of the specific result of the work, acceptance features, timing and procedure for agreeing on possible controversial situations. You can use the text of the contract for construction work, which is given below, as a sample. If necessary, its structure and content are changed to suit your case.

As usual, the parties indicate:

• the full name of each company (and in the case of a private citizen - full name, passport and contact information);
• date and place of drawing up the agreement.

In case of long-standing cooperation, for convenience, you can also put the number of this document (the numbering system is chosen arbitrarily).

It is this point that the customer and the contractor should pay attention to Special attention. The following data is indicated in detail:

1. Legal address of the facility under construction (or the facility where major repairs, finishing, or other construction work is being carried out). The address is written down in full - starting with the region, ending with a specific office, room, or other premises.
2. Next, specific types of work are indicated - for example, installation, commissioning, finishing. Moreover, it is better to specify the description to an extremely clear understanding, for example: “restoration of all damaged windows, finishing of all internal walls,” etc.
3. Finally, the expected result is formulated. It is usually described in terms of the work’s compliance with certain standards (for example, GOSTs, SNiPs or fire safety requirements, etc.).

Cost of work

In this paragraph, not only the cost itself is prescribed (including VAT), but also the payment procedure is fixed (transfer period, method - cash or wire transfer, etc.). Also indicate a list of reporting financial documents, which are recognized as confirming the fact of cash expenditures in connection with construction work:

• invoices;
• invoices for payment;
• and many others.

In the same clause of the contract, the parties indicate how they will track expenses for construction work, what sample documents they will use, and in what order. You can also describe the procedure for actions in cases where expenses turned out to be actually less than they were originally provided for in the estimate.

Period of execution

It is indicated, as a rule, by fixing the start and end dates. The same paragraph also indicates liability for possible delay.

Work order

This point is of particular importance to the customer. It is formulated who ensures the delivery of all necessary materials, as well as technical equipment and inventory to the site. They prescribe in what cases materials are replaced. A separate paragraph indicates how the contractor attracts subcontractors (and whether he has the right to do so).

Compliance with various requirements

The parties include this clause in the sample contract for construction work if desired. It is preferable that it be: indicates the procedure for action in the event of incidents, accidents, the procedure for monitoring the actions of the contractor by the customer, and refers to the relevant fire safety, construction, environmental and other standards.

Quality of work

Here again it is indicated what the results of the service should be. They also stipulate the customer’s right to report detected quality violations during the entire warranty period (if one was provided).

Obligations of the parties, warranty obligations

They can be written in different paragraphs or in one section. The most complete list of obligations assumed by each party is provided. Separate points indicate warranty obligations, as well as ensuring the fulfillment of obligations by the contractor.

Final sections

As in other contracts for the performance of certain services, in the case of a sample contract for construction work, it is necessary to indicate the responsibilities of the parties, the features pre-trial settlement spore. The parties agree that liability is relieved in the event of force majeure and indicate other conditions. At the end of the contract, details are indicated, signatures are placed, signatures are deciphered, and the positions of the responsible persons are provided.