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CONTRACT AGREEMENT FOR CONSTRUCTION OF A RESIDENTIAL HOUSE

CONTRACT AGREEMENT No. ____
for the construction of a residential building
g. _____________ "___"___________ ____ g.

We refer to___ hereinafter as the “Customer”, represented by ____________________________________, acting___ on the basis of _____________________, on the one hand, and ___________________________, hereinafter referred to as the “Contractor”, represented by _________________________, acting___ on the basis of _________________________, on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to carry out, at his own expense (from his materials, with his own or attracted forces and means), work on the construction (construction) of a residential building (facility) at the address: __________________________________________, in accordance with the terms of this agreement, the Customer’s instructions, technical documentation and estimates on time, provided for by the construction work schedule, and the Customer undertakes to create the necessary conditions for the Contractor to carry out the work, accept their result (a residential building ready for use) and pay the price stipulated by this contract.
1.2. The Contractor’s right to carry out construction and installation work provided for in this contract on the territory of the Russian Federation and the city of _________ is confirmed by the following documents:
- license No. ___ from "___"_________ ____ to ________________ (valid until _________);
- license No. ___ from "___"_________ ____ to ________________ (valid until _________);
- ______________________________________________________________.
1.3. The technical documentation was drawn up by the Contractor on the basis of a separate contract for the performance of design work. Technical documentation, estimates and schedule must be agreed upon by the parties no later than ___________ days from the date of signing this agreement. The approval of technical documentation and estimates is documented in an act. The work schedule is signed by the parties no later than ________ days after the approval of technical documentation and estimates.
1.4. Technical documentation includes:
________________________________________________________________;
________________________________________________________________.
1.5. The estimate documentation (estimate) includes the following documents: __________________________________________________________.
1.6. Technical documentation, estimates and work schedule are an integral part of this agreement.
Note. Any other documents signed by the parties (authorized representatives of the parties), which will be designated as annexes to this agreement, will also be an integral part of this agreement.
1.7. The Contractor undertakes to complete construction and hand over the facility, ready for operation, within the time limits provided for in this contract and in the manner prescribed by law, other legal acts and the contract.
1.8. The Customer undertakes, for the period of construction and other construction-related work, to provide for the use of the Contractor for the construction of a residential building a land plot of land with an area of ​​_____ hectares owned by him by right at the address: _____________________________________________, as well as to provide the Contractor with other assistance stipulated by the contract.
2. DATES FOR COMPLETION OF WORK
2.1. The work provided for in this contract is carried out by the Contractor within the following time frames:
- start of work: "___"____________ ____;
- completion of work: "___"_____________ _____;
- the total duration of construction is _____________.
2.2. The timing of completion of individual stages of work is determined by the work schedule.
3. COST OF WORK
3.1. The price of the work (cost of work) is established by the estimate, which is an integral part of this contract. The price includes compensation for the Contractor's costs and remuneration due to him and cannot exceed _______________________ rubles.
3.2. Payment for work is carried out as follows:
- within _____ banking days from the date of approval of all necessary documents (technical documentation, estimate and plan - work schedule), the Customer transfers to the Contractor _______________ (_____% of the price of work) as an advance;
- within _____ banking days from the date of signing by the parties of the work acceptance certificate and acceptance of the facility into operation, the Customer transfers to the Contractor _________ (which is ___% of the price of the work).
3.3. 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 the amount exceeding the work actually performed under the contract, within _____ banking days from the date from which, in accordance with the law, other legal acts or agreement of the parties, this agreement will be considered terminated.
3.4. If the price of work provided for in the text of the contract differs from the total cost of work provided for in the estimate, the price of work provided for in the text of the contract shall apply.
3.5. The price of work can be changed only by agreement of the parties.
3.6. The Contractor has the right to demand an increase in the price of the work, and the Customer - to reduce it only in cases provided for by law and this agreement.
3.7. The Customer has the right to a portion of the Contractor's savings in cases established by law, other legal acts and the contract.
4. PROVIDING CONSTRUCTION WITH MATERIALS AND EQUIPMENT
4.1. Providing construction with building materials, products and structures, sanitary, electrical and other engineering equipment is carried out by the Contractor.
4.2. The Customer also has the right, in agreement with the Contractor, to purchase the necessary equipment and materials at the expense of the construction price. In this case, the price of work payable to the Contractor is reduced by the cost of purchased equipment and materials.
4.3. All materials and equipment supplied for construction must have appropriate certificates, technical passports and other documents certifying their quality. Copies of these certificates, etc. must be provided to the other party ____ days before the start of work performed using these materials and equipment.
4.4. Acceptance, unloading and storage of materials and equipment arriving at the site (including materials and equipment provided by the Customer) are carried out by the Contractor.
4.5. The party handing over the equipment for installation is obliged to accompany it with documentation from the manufacturer necessary for installation, unless the parties agree otherwise.
4.6. Responsibility for the safety of all materials and equipment supplied for the implementation of the contract until the complete completion of the work (including the period of time during which the Contractor will eliminate deficiencies identified during acceptance, dismantle temporary structures, and also remove construction machinery and equipment located on the construction site) Contractor.
4.7. The party providing materials and equipment is responsible for their compliance with design specifications, government standards and technical conditions and bears the risk of losses associated with their inadequate quality, non-compliance with construction specifications, government standards and technical conditions.
4.8. Sales of materials, equipment and structures not used by the Contractor during the construction of the facility and paid for by the Customer are carried out by the Contractor for a commission that cannot exceed ______% of the cost of the materials, equipment and structures sold.
5. RESPONSIBILITIES OF THE CONTRACTOR
5.1. The Contractor undertakes to carry out all construction work with proper quality, in the volume and within the time limits provided for by this contract and its annexes, and to deliver the facility to the Customer on time in a condition that ensures its normal operation.
5.2. The Contractor is obliged to provide:
- performance of work in full compliance with projects, estimates, working drawings and building codes;
- quality of performance of all work in accordance with project documentation and current standards and technical conditions;
- timely elimination of shortcomings and defects identified during acceptance of work and during the warranty period of operation of the facility;
- uninterrupted functioning of engineering systems and equipment during normal operation of the facility during the warranty period.
5.3. The Contractor is responsible for the correct and proper marking of the object in relation to primary points, lines and levels, the correct position of levels, dimensions and relationships.
5.4. The Contractor, using his own resources and at the expense of the price of the work provided for in this contract, in accordance with building codes and regulations, erects all necessary temporary structures.
5.5. The Contractor carries out temporary communications connections for the period of work on the construction site and connections of newly constructed communications at connection points in the prescribed manner.
5.6. The contractor is obliged to ensure that during construction the necessary safety measures, rational use of the territory, environmental protection, green spaces and land are carried out at the construction site, as well as install lighting.
5.7. The contractor is also obliged:
- coordinate with state supervisory authorities the procedure for conducting work at the site and ensure compliance with it at the construction site;
- ensure maintenance and cleaning of the construction site and the territory immediately adjacent to it;
- remove, within _________ days from the date of signing the act of acceptance of the completed construction project, from the construction site the construction machinery, equipment, inventory, tools, construction materials, temporary structures and other property and construction waste belonging to the Contractor.
5.8. The Contractor notifies the Customer _________ before the start of acceptance of the readiness of critical structures and hidden work. The Contractor begins to carry out subsequent work only after the Customer has accepted the hidden work and has drawn up inspection reports for this work. If the closure of the work is carried out without the Customer’s confirmation, in the event that he was not informed about this, at the Customer’s request, the Contractor is obliged, at his own expense, to open any part of the hidden work in accordance with the Customer’s instructions, and then restore it at his own expense.
In case of failure of the Customer's representative to appear within the period specified by the Contractor, the Contractor shall draw up a unilateral act. In this case, the opening of the work at the request of the Customer is carried out at his expense.
5.9. When the facility is ready, the Contractor must notify the Customer about this within ______ days.
5.10. The Contractor is obliged to immediately notify the Customer and, until receiving instructions from him, to suspend work upon discovery of:
- unsuitability or poor quality of materials, equipment, technical documentation provided by the Customer;
- possible adverse consequences for the Customer of following his instructions on the method of performing the work;
- other circumstances that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
5.11. The Contractor has no right to use materials and equipment provided by the Customer during the work, or to follow the latter’s instructions, if this may lead to a violation of the requirements mandatory for the parties for environmental protection and safety of construction work.
5.12. To perform work related to the opening of underground communications, the Contractor engages an operating organization or, with the consent of the operating organization and under its supervision, the Contractor carries out this work independently.
5.13. If subcontractors are involved in the work, the Contractor shall be liable to the Customer for non-fulfillment or improper fulfillment of obligations by subcontractors.
5.14. Upon completion of construction, the Contractor transfers to the Customer location diagrams and catalogs of coordinates and heights of geodetic signs installed during geodetic marking work during the construction period and stored until its completion, and as-built documentation on the completed construction and installation work.
5.15. The Contractor has no right to sell or transfer the object under construction or completed or a separate part of it, as well as design documentation for its construction or a separate part of it to third parties without the written permission of the Customer.
6. RESPONSIBILITIES OF THE CUSTOMER
6.1. The Customer, within ____ days from the date of signing this agreement, transfers to the Contractor for the period of construction of the facility a construction site suitable for the work.
Note. A construction site in the sense of this agreement is a land plot intended for the construction of an object (residential building), the right of use of which belongs to the Customer.
If the Contractor needs to use the territory adjacent to the construction site for the purpose of storing materials, installing equipment, etc., the Contractor must obtain all necessary permits for the use of the adjacent territory.
6.2. The Customer shall transfer the design and estimate (technical) documentation in full or to the extent necessary to begin work to the Contractor within ____ days from the date of signing this agreement. The transferred documentation must be drawn up in accordance with the requirements of building codes and regulations, undergo state examination and be approved in the prescribed manner.
6.3. The customer is obliged to accept the work (its individual stages) within the time frame and in the manner prescribed by the contract.
6.4. The customer is obliged to carry out technical supervision of construction personally or through an engineering organization (engineer).
6.5. In the manner and within the terms established by the contract, pay for the work performed by the Contractor.
7. PROTECTION OF THE OBJECT
7.1. The protection of the facility under construction until the complete completion of the work (including the period of time during which the Contractor will eliminate deficiencies identified during acceptance, dismantle temporary structures, and also remove construction machinery and equipment located on the construction site) is carried out by the Contractor.
7.2. An object under construction, as well as materials, products, structures, equipment, construction equipment and inventory located on the construction site and the adjacent territory intended for construction, are subject to protection.
7.3. The Contractor's expenses for security measures are carried out at the expense of the funds provided for in clause 3.1 of the agreement.
8. RISK DISTRIBUTION BETWEEN PARTIES
8.1. The risk of accidental loss or accidental damage to the construction project, as well as construction and other materials, equipment, and inventory intended for the construction of the project, including those transferred to the Contractor by the Customer, is borne by the Contractor.
8.2. If the construction project, before its acceptance by the Customer, is lost or damaged due to poor quality of the material (parts, structures) or equipment provided by the Customer or the execution of erroneous instructions from the Customer, the Contractor has the right to demand payment of the entire estimated cost of the work completed up to the time of destruction (damage) of the object, provided that he the obligations provided for in clause 5.10 of this agreement were fulfilled.
8.3. The risk of accidental destruction of the construction project, as well as materials (parts, structures) transferred by the Customer to the Contractor, passes to the Customer after the facility is put into operation in the prescribed manner.
9. RISK INSURANCE
9.1. The Contractor undertakes to enter into a comprehensive insurance agreement for construction and installation risks and liability (including for damage to third parties) during construction and installation work at the site.
9.2. The Contractor is obliged to provide the Customer with evidence of the conclusion of a comprehensive insurance agreement for construction and installation risks and liability during construction and installation work (a copy of the insurance policy) indicating information about the insurer, the amount of the insured amount, as well as evidence of the entry into force of the agreement. Insurance costs should not exceed _____% of the price of work in accordance with clause 3.1 of this agreement.
9.3. Insurance costs are included in the price of the work provided for in clause 3.1 of the contract.
9.4. Insurance does not exempt the Contractor, and in cases provided for by law and contract, the Customer, from taking the necessary measures to prevent the occurrence of an insured event.
10. SUBMISSION AND ACCEPTANCE OF WORK
10.1. The Customer personally or through his representative, and in the case of concluding an agreement with an engineer (engineering organization) also with the participation of an engineer, together with the Contractor, accepts the work performed according to the acceptance certificate.
10.2. Acceptance of a completed construction facility is carried out after the parties have fulfilled their obligations, which, in accordance with this agreement, must be fulfilled by the parties by the time construction is completed.
10.3. Acceptance is carried out by a commission created by the Customer, consisting of its representative, the author of the project or a representative of the design organization, a representative of the authorized government body and its specialized services, the Contractor, architectural and construction control (supervision) and the insurance organization. The acceptance certificate is approved by authorized state bodies in the prescribed manner. The costs of payment for work on acceptance of the object are paid by the Contractor within the limits of the price of the work provided for in clause 3.1 of the contract.
10.4. The Contractor transfers to the Customer _____ days before the start of acceptance of the completed construction project two copies of the as-built documentation with written confirmation of the compliance of the transferred documentation with the actual work performed.
10.5. Additional examination of the part of the work accepted by the Customer or all the work as a whole is carried out by the Customer at his own expense.
10.6. When handing over the work to the Customer, the Contractor is obliged to inform him of the requirements that must be observed for the effective and safe use of the results of the work, as well as the possible consequences for the Customer and other persons of non-compliance with the relevant requirements.
10.7. The Contractor is not responsible for minor deviations from the technical documentation made without the Customer’s consent if he proves that they did not affect the quality of the construction project, including not deteriorating its aesthetic characteristics.
11. WORK QUALITY GUARANTEES
11.1. Quality guarantees apply to all structural elements and work performed by the Contractor under the contract.
11.2. The contractor guarantees that this construction project will achieve the indicators specified in the design documentation and the ability to operate the facility during the warranty period provided for by law and the contract, and is responsible for deviations from them.
11.3. The warranty period for normal operation of the facility and its engineering systems, equipment, materials and work is set at _____ years from the date the parties sign the acceptance certificate for the facility ready for operation. If during the warranty period the law or other legal act establishes a longer period than the warranty period provided for in this paragraph, the warranty period will be considered extended for the corresponding period.
11.4. If during the period of warranty operation of the facility defects are discovered that impede its normal operation, the Contractor is obliged to eliminate them at his own expense and within the time period agreed with the Customer. To participate in drawing up a report recording defects, agreeing on the procedure and timing for their elimination, the Contractor is obliged to send his representative no later than ______ days from the date of receipt of the Customer’s written notice. In this case, the warranty period is extended accordingly for the period of elimination of defects.
11.5. If the Contractor refuses to draw up or sign a report on detected defects, the Customer draws up a unilateral report on the basis of qualified expertise, which he engages at his own expense. In this case, the Customer’s expenses for conducting the examination are reimbursed by the Contractor.
12. PROCEDURE FOR MUTUAL SETTLEMENTS
12.1. If the schedule provides for stage-by-stage payment for the work, the Customer, no later than _______ days after signing the acceptance certificate for the completed stage of work stipulated by the contract, undertakes to pay the Contractor the established cost of the work for the stage.
12.2. Payments for materials and products transferred by the Customer to the Contractor are made at the prices of their acquisition, taking into account transportation costs and the Customer's expenses for the procurement and storage of these materials and products, or are transferred under an act without issuing an invoice for payment for the transferred materials and structures with their cost offset against the completion The Customer of its obligations to pay for the Contractor’s work.
12.3. The final payment for work performed on the facility is made on the basis of a reconciliation report signed by the parties no later than ___ days after the complete completion of construction, including after the elimination of identified defects based on the certificate of acceptance of the facility for operation.
12.4. Savings obtained from the Contractor's use of more advanced technologies, cheaper materials, or as a result of reducing construction time without compromising the quality of work, are distributed between the Contractor and the Customer in the following shares: Contractor - ___%, Customer - ___%.
13. CONTROL AND SUPERVISION OF THE CUSTOMER OVER THE PERFORMANCE OF WORK
13.1. 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 (plan - schedule), and the quality of the materials used.
13.2. In order to monitor and supervise construction, the customer has the right to enter into an agreement on the provision of services for monitoring and supervision of the progress and quality of work performed with the relevant engineering organization or an individual licensed for this type of activity.
13.3. The engineering organization, on behalf of the Customer, carries out technical supervision and control over the Contractor’s compliance with the schedule and quality of work, and also checks the compliance of the materials and equipment used by him with the terms of the contract and project documentation.
13.4. The Customer, representatives of the Customer, as well as the engineer (representatives of the engineering organization), with whom the Customer has an appropriate agreement, have the right to unhindered access to all types of work at any time during the entire construction period.
13.5. The Contractor is obliged to keep a work log, which reflects the entire progress of the actual work, as well as all facts and circumstances related to the work and directly affecting the Contractor’s fulfillment of its obligations. The Customer (the Customer's representative, engineer, representative of the engineering organization) regularly, once every ____ days, checks and confirms with his signature the entries in the journal.
13.6. When monitoring the work, the Customer, as well as his authorized representatives (including the engineering organization or engineer hired by him) have no right to interfere with the operational and economic activities of the Contractor.
14. CONTROL OVER THE SPENDING OF MONEY,
MATERIALS AND EQUIPMENT
14.1. The Contractor is obliged to submit a monthly report to the Customer on the use of funds received in the form of advances, attaching copies of payment documents, agreements with subcontractors, as well as documents confirming the cost of building materials, structures, etc., used in the construction of the facility.
14.2. The Contractor is obliged to submit a report to the Customer on the use of construction materials, structures, and equipment provided by the Customer.
15. RELATIONS OF THE PARTIES DURING THE CONSTRUCTION PERIOD
15.1. Given that the technical documentation was prepared by the Contractor as part of the contract for the execution of design work, the Contractor bears full responsibility for the quality of working drawings, specifications and other documentation used during construction. If deficiencies are identified in the documentation, the Contractor notifies the Customer about this within ___ days from the moment of discovery and corrects, at his own expense, the technical documentation and the work performed on the basis of low-quality documents.
15.2. Additional costs and expenses of the Contractor caused by the correction of errors and shortcomings made by him during the execution of the work are reimbursed by the Customer only if the Contractor proves that the errors and shortcomings were made by the Contractor through the fault of the Customer. Errors and deficiencies discovered by the Contractor or the Customer (an engaged engineer or engineering organization) must be immediately corrected. Errors and shortcomings are eliminated within the general construction time frame established by clause 2.1 of the contract.
15.3. If the Customer does not fulfill its obligations under this contract on time, and this leads to a delay in the construction of the facility, then the Contractor will have the right to demand an extension of the construction period for the corresponding period and for exemption for this period from paying penalties for late delivery of the facility in exploitation. In this case, the parties must take all necessary measures to prevent additional costs. If, despite the measures taken, the Contractor incurs additional costs caused by non-fulfillment or improper fulfillment of obligations by the Customer, then he is immediately obliged to inform the Customer in writing of the amount of these expenses with confirmation of their documents. Based on the documents submitted by the Contractor, the parties enter into an agreement on the timing and form of reimbursement by the Customer of additional expenses of the Contractor.
15.4. If the Customer provides materials, structures and equipment of inadequate quality or that do not meet the requirements of the technical documentation, the Contractor will have the right to demand that the Customer replace them within the time period agreed upon by the parties.
15.5. If the Contractor proves that deficiencies in the work and its results arose through the fault of the Customer, the Contractor will have the right to demand from the Customer additional payment for work to eliminate them (including payment for the Contractor’s purchase of additional construction materials, structures and equipment). The amount of payment and deadlines for eliminating deficiencies must be determined by the parties in an additional agreement to this agreement. The Contractor has the right to refuse to perform work to eliminate defects if the elimination of defects is not directly related to the subject of this contract or cannot be carried out by the Contractor for reasons beyond his control.
15.6. If the Customer discovers poorly performed work, the Contractor is obliged, on his own and without increasing the cost, within the period agreed upon by the parties, but within the general period provided for in clause 2.1 of the contract, to redo these works to ensure their proper quality. Moreover, if the Customer believes that the specified correction of poorly performed work will significantly increase the construction time, but the deviation in quality is acceptable for him and does not violate the safety requirements for the subsequent operation of the facility, he has the right to pay the Contractor an amount less than previously established for this work for the poorly performed work , but differing from the previously established one by no more than the cost of correcting these poorly performed works upon achieving the standard quality inherent in the project, or reduce the contract price accordingly if the stages of work have not been determined.
If the Contractor fails to fulfill this obligation, the Customer has the right, in order to correct poorly performed work, to require the Contractor to engage another organization for this purpose at the Contractor’s expense.
15.7. Exceedings by the Contractor of the design volumes and cost of work, not confirmed by the relevant additional agreement of the parties, which occurred through the fault of the Contractor, are paid by the Contractor at its own expense, provided that they are not caused by the Customer’s failure to fulfill its obligations.
15.8. If the Customer considers it necessary to carry out conservation of the construction site, the Contractor will be obliged to carry out conservation work on the site on his own. In this case, the Customer undertakes to pay the Contractor in full for the work completed prior to the suspension within _____ days from the date of suspension, as well as to pay the cost of conservation work on the facility. The parties will have to agree on the procedure, timing and cost of conservation of the construction site in an additional agreement to this agreement.
15.9. The deadlines provided for in this agreement, including the deadlines set out in the schedule, are suspended from the moment the Contractor receives the Customer’s decision to mothball the facility.
15.10. After the reasons that caused the conservation of the facility no longer exist, the Contractor resumes construction work no later than ______ after receiving the relevant notice from the Customer. The duration of the terms provided for in the contract begins from the date from which the Contractor will have to resume work. Additional expenses of the Contractor associated with the resumption of suspended work are reimbursed by the Customer on the basis of the calculation submitted by the Contractor, agreed with the Customer.
16. RESPONSIBILITY OF THE PARTIES FOR FAILURE TO FULFILL OBLIGATIONS
16.1. A party is responsible for losses caused to the other party by non-fulfillment or improper fulfillment of obligations under this agreement. Direct actual damage is subject to compensation; lost profits are not compensated. Losses are compensated in full in addition to penalties (penalties, fines).
16.2. The penalty is paid by the Customer to the Contractor for the following violations of contractual obligations:
- for a delay in the start of acceptance of an object completed by construction or subject to conservation over ____ days from the date of receipt of the Contractor’s notice of its presentation for delivery, a penalty in the amount of _____% of the contract price of the object for each day of delay, but not more than _____% of the contract price, is subject to payment;
- for delays in payments for completed construction and installation work, a penalty is paid in the amount of _____% of the amount of the corresponding payment for each day of delay starting from ____ day after presentation of the invoice, but not more than ____% of the amount of the corresponding payment.
16.3. The Contractor shall pay the Customer a penalty for the following violations of its obligations:
- for violation of the deadlines for completing the construction of an object, a penalty is paid in the amount of _____% of the contract price of the object for every 10 days of delay. If the delivery of the object is delayed by more than _____ days, the general contractor shall pay a fine of up to ____% of the contract price for each subsequent ____ days until the actual fulfillment of the obligation. In this case, the total amount of penalties for late delivery of the object cannot exceed _____% of the price of the work;
- for untimely release of the construction site and the adjacent territory from property belonging to the Contractor after completion of the work - a fine in the amount of _________________ rub. for each day of delay, but not more than _______ rubles;
- for violation of deadlines for certain types of work (failure to comply with the work schedule), a fine in the amount of ____% of the cost of the corresponding type (stage) of work is subject to payment. If the Contractor ensures timely delivery of the entire project, the amount of the fine paid by the Contractor shall be refunded;
- for delay in eliminating defects in works and structures against the deadlines stipulated by the agreement of the parties, and in case of failure of the Contractor - by a unilateral act, a penalty is paid in the amount of _____% of the cost of work and structures for each day of delay, but not more than the cost of structures (materials, equipment ) and the corresponding type of work.
16.4. Payment of a penalty (penalty, fine), as well as compensation for losses, does not relieve the parties from fulfilling obligations in kind.
17. FORCE MAJEURE (FORCE MAJEURE)
17.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement if the failure was a consequence of natural phenomena, external objective factors and other force majeure circumstances for which the parties are not responsible and the adverse effects of which they are unable to prevent.
17.2. If, as a result of force majeure circumstances, significant damage has been caused to the construction, in the opinion of one of the parties, then this party is obliged to notify the other within ______ days, after which the parties are obliged to discuss the feasibility of further continuation of construction and accept an additional agreement with the obligatory indication of new terms, procedure and cost of work, which from the moment of its signing becomes an integral part of this contract, or begin the procedure for terminating the contract.
17.3. If, in the opinion of the parties, the work can be continued in the manner in force under this agreement before the onset of force majeure circumstances, then the period for fulfilling obligations under this agreement is extended in proportion to the time during which the force majeure circumstances and their consequences were in effect.
18. CHANGES TO TECHNICAL DOCUMENTATION
18.1. The customer has the right to make changes to the technical documentation, provided that the additional work caused by this does not exceed 10% of the total cost of construction indicated in the estimate and does not change the nature of the work provided for in this contract.
18.2. Changes to the technical documentation greater than those specified in clause 18.1 of the contract are made on the basis of an additional estimate agreed upon by the parties.
18.3. The contractor has the right 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 10%.
18.4. The price of the work can be changed by agreement of the parties on the basis of an additional agreement to this agreement.
18.5. The parties have the right to change the start and end dates of work, as well as the deadlines for completing individual stages (types) of work on the basis of an additional agreement to this agreement.
18.6. Any changes to this agreement are valid only if they are formalized by an additional agreement, protocol or other written documents in accordance with the rules established for the written form of agreements by Article 434 of the Civil Code of the Russian Federation and other provisions of the Civil Code of the Russian Federation.
19. RESOLUTION OF DISPUTES BETWEEN THE PARTIES.
JURISDICTION OF DISPUTES FROM THE AGREEMENT
19.1. Controversial issues arising during the execution of this agreement are resolved by the parties through negotiations, and the resulting agreements are necessarily recorded by an additional agreement of the parties (or protocol), which becomes an integral part of the agreement from the moment of its signing.
19.2. If a dispute arises between the Customer and the Contractor regarding deficiencies in the work performed or their causes and the impossibility of resolving this dispute through negotiations, at the request of either party, an examination may be appointed. The costs of the examination are borne by the Contractor, except in cases where the examination establishes that there are no violations by the Contractor of the terms of this agreement and technical documentation. In these cases, the costs of the examination are borne by the party that requested the appointment of the examination, and if it is appointed by agreement between the parties, both parties equally.
19.3. In case of failure to reach an agreement on controversial issues, the dispute arising from this agreement shall be subject to consideration in a court of general jurisdiction on the territory of the Russian Federation on the basis of the law of the Russian Federation and in the manner established by the legislation of the Russian Federation. In accordance with Articles 29 and 32 of the Code of Civil Procedure of the Russian Federation, a claim may be brought at the choice of the plaintiff - at the location of the construction site (construction project) or at the place of permanent residence of the Customer.
19.4. The applicable law of the parties is the legislation of the Russian Federation (Russia).
19.5. On issues not regulated by the agreement, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Federation and local governments. If the terms of the contract contradict the provisions of laws and other legal acts, the law or other legal act shall be applied.
20. TERMINATION OF CONTRACTUAL RELATIONS
20.1. This agreement terminates upon expiration of the warranty periods established in accordance with clause ____ of the agreement.
20.2. Upon completion of the warranty period for the construction project, taking into account all its extensions, the parties undertake to sign a bilateral protocol on the termination of the contract and the absence of mutual claims.
20.3. In cases established by the contract and legislation, the contract may be terminated early.
20.4. The customer has the right to terminate the contract early in the following cases:
- delay by the Contractor in the start of construction for more than ____ days for reasons beyond the control of the Customer;
- systematic violation by the Contractor of deadlines for construction and installation work, resulting in an increase in the completion date of construction by more than _____ days;
- failure by the Contractor to comply with the requirements for the quality of work, if the correction of the corresponding poorly performed work entails a delay in construction by more than _____ days;
- cancellation of licenses for construction activities, other acts of government bodies within the framework of current legislation, depriving the Contractor of the right to carry out work.
20.5. The contractor has the right to terminate the contract in the following cases:
- financial insolvency of the Customer or systematic delay in payments for work performed, or delay by more than ____ days;
- stoppage of construction by the Customer for reasons beyond the control of the Contractor for a period exceeding _____ days, with the exception of cases of conservation of the construction site;
- mothballing the construction site for more than ______ months;
- introduction by the Customer of changes to the design documentation that increase the cost of construction by more than 10% of the agreed contract price.
20.6. If one of the parties objects to the early termination of the contract, the termination of the contract is carried out in court in compliance with the rules on jurisdiction established by clause _____ of the contract.
21. SPECIAL CONDITIONS
21.1. The Contractor is responsible for damage caused to a third party during the construction of the facility, unless he proves that the damage was caused through the fault of the Customer.
21.2. The customer has the right to authorize any person to represent his interests and exercise fully or partially his rights under this agreement. The powers of the relevant person are confirmed by a written order of the Customer and (or) a power of attorney certified by a notary.
21.3. The parties undertake not to disclose, transfer or otherwise make available to third organizations and persons the information contained in the documents formalizing the joint activities of the parties under this agreement, except with mutual written consent.
21.4. Correspondence between the parties is carried out by exchanging fax messages, email messages, and registered letters. Messages are sent to the addresses specified in the agreement. The date of the relevant notification is considered to be the day the fax or email message is sent, as well as the fifth (not counting the day of sending) day after the letter is sent by mail.
21.5. Customer addresses:
Telephone numbers for sending fax messages: _____________________________________________________________________.

21.6. Contractor's addresses:
Telephone numbers for sending fax messages: _____________________________________________________________________.
E-mail address: _______________________________________.
Mailing address: ________________________________________________.
21.7. This agreement has been drawn up in two copies - one for each party.
22. PAYMENT DETAILS OF THE PARTIES
Customer: ________________________________________________________________

______________________________________________________________________
Contractor: ______________________________________________________________
______________________________________________________________________
______________________________________________________________________
SIGNATURES OF REPRESENTATIVES OF THE PARTIES:
By customer:
_________________________
(signature) M.P.

From the Contractor:
_________________________
(signature) M.P.

Construction of a house (cottage, cottage, building for household purposes, any real estate object) involves the emergence of a relationship between the customer and the contractor. The instrument by which these relations can be regulated (resolving disputes, conflict situations, determining prices, volume and procedure for payment) is a contract. In this article, experts from the website portal consider the points that must be included in the contract without fail, which can significantly simplify communication between the parties and achieve the predicted result.

Selecting a contractor and drawing up a contract

Naturally, before concluding a contract, the cost must be determined - the cost of performing the work, the quantity and cost of building materials; to a somewhat lesser extent, the customer is interested in the completion date of the work. An equally important aspect for the customer is confirmation of the contractor’s qualifications, experience, and guarantees for the work performed. Depending on how interesting the combination of the price offered by the contractor and his approach to ensuring a high level of quality is, the customer makes a choice of contractor.

All issues that may arise during cooperation must be reflected in the contract, in the text itself, or in appendices and additions, such as in this case the working draft and estimate documentation. In addition to the main work, the contract must mention all additional work (that is not directly related to construction), since the execution of these works cannot be assumed by default. For example, such work could be the purchase and delivery of building materials, removal of construction waste from the site, creation of fences, security of the site under construction (and construction materials located on the site).

Interests of the customer and contractor

In order to understand what should be included in the contract, you should consider the nature of the relationship between the customer and the contractor, which is determined by the interests of each of them. In general, the interests of the parties coincide, and the customer and the contractor are interested in the speedy construction of the house, which would allow the customer to improve living conditions, and the contractor to receive money as payment for the work.

However, upon closer examination, it turns out that many interests diverge. The contractor wants to carry out the work in such a way that the least amount of effort (materials consumed) is expended, since this is the easiest way to get as much money as possible from the customer and save some of it.

The customer’s goals are directly opposite to the contractor’s aspirations; he has money, but the customer wants to know exactly how much and what he is paying for. In principle, he is not very interested in technological nuances, but the relationship between the use of certain building materials (construction techniques) and the level of quality is very closely monitored.

Manipulations in estimating the cost of work

It is quite natural that the customer wants to clearly understand the amount that the upcoming construction will cost. This, firstly, gives the customer an understanding of their financial capabilities, and, secondly, to conduct some kind of comparative analysis of contractors regarding prices.

The main method by which a contractor manages to get a client is the declaration of a relatively low estimated cost. The vast majority of customers are not related to the construction industry, and therefore certain difficulties arise. A layman can imagine the main stages of construction, but cannot take into account all the work that needs to be done. Moreover, contractors reinforce the myth in the customer’s mind that it is simply impossible to fully calculate all costs. They say that sometimes there may be a need for additional work, there may not be enough materials, etc. At the same time, managers and foremen deftly use the term “open estimate” (that is, a document that can be supplemented before the facility is put into operation).

This approach allows the contractor to deliberately underestimate the estimated cost in order to achieve an attractive price, excluding from the estimate a number of works (which will still end up in the estimate, since it will not be possible to do without them). That is, if the estimate calculated by construction companies taking into account market prices for certain types of work (for example, masonry, plastering) assumes a total amount of 2.5 million rubles, then offering an estimate with an amount of 2.1 million rubles or even 1.9 million rubles is perceived by the customer with great enthusiasm. The likelihood that the customer will entrust the work to the contractor who submitted the most interesting proposal is quite high. And after the contract is signed and the contractor proceeds directly to performing the work, the estimated amount gradually begins to grow, and first rises to the limits of market realities (2.5 million rubles).

As the construction approaches completion, the amount may increase a little more, since at the final stages of construction the work can no longer be entrusted to another company (contractors are reluctant to complete work that they did not start, in addition, this work will cost more, since there is no volume for account which you can get a discount).

The advantage of a closed estimate

If the construction company starts talking about the fact that it is impossible to calculate everything, and it is necessary to work according to an open estimate, it is better to look for another contractor. It makes sense to think about the quality of the work if the builders cannot even calculate the costs. However, an open estimate is a tool that has the right to exist in the event that there is no project. That is, there is only a certain sketch (drawing, photo of the building), and the dimensions of the house and interior premises are also available as input. In this case, it is really difficult to accurately determine the final amount.

The approach that professional construction companies use, who do not try to “milk” the customer, is to use a closed estimate. A closed estimate is a document in which absolutely all costs and expenses are taken into account, and a certain amount is indicated in the contract as final. That is, it turns out that the customer buys a finished house, which does not exist yet, and the contractor undertakes to make sure that this house exists (and within the time limits specified in the contract).

However, a closed estimate can be created solely on the basis of a detailed design that includes all intermediate operations. The presence of a project (a set of documents including working drawings with dimensions and parameters of materials to be used in the construction of a house) allows the customer to get the most accurate idea of ​​the amount of the trade amount. In addition, the presence of a project is also beneficial for the contractor; the availability of exact dimensions and a complete list of technological processes allows for quick financial calculations (based on the prices that the company operates).

The need for design documentation

The benefit for the contractor is that having a project limits his responsibility for the final result. That is, when creating the project, specialists took into account all the loads and the compliance of building materials and technological processes with these loads. The contractor can only act within the framework of fairly precise instructions, which are the working drawings, and adhere to technological standards, compliance with which guarantees proper quality. But if, at the time of designing the house, inaccuracies or errors were made in the calculations, construction may, firstly, be stopped, and secondly, quite unpleasant surprises may arise upon completion of construction (partial destruction, incorrect functioning of systems, etc.). That is, if there are errors in the project, it is not the contractor’s fault that the result does not fully correspond to the customer’s wishes.

The project is included in the set of documents and complements the contract, however, the development of documentation also has a very specific cost; such work is carried out within the framework of public or private design organizations by specialized specialists. There is an alternative option for obtaining a project, in which there are no costs - you can take a ready-made project; you can find quite a lot of interesting options on the Internet. The disadvantage of this approach is the lack of confidence that the project does not contain errors.

Market prices

All construction and finishing materials have a very specific price, according to which the cost of purchasing the materials is estimated. The difference in prices of trade organizations, as a rule, does not exceed 3% -5%; a discount of several percent can be obtained due to the volume of purchased materials or the amount of the final invoice. When concluding a contract, it is advisable to have as an annex to it a document that reflects the prices at which the construction company transfers these materials (in the form of a finished building) to the customer. Accordingly, the quantity of building materials must be determined, indicating that an increase in this quantity can only occur at the expense of the contractor (both due to initially incorrect calculations, and due to damage, damage, theft, etc.).

In the same way, the market value applies to the work performed; depending on the declared level of quality and the prestige of the contractor, prices may vary slightly, but these prices must be included in the annexes to the contract. The scope of work and quantity of materials are determined on the basis of the project and are included in the estimate.

If the customer has information about current prices for work and prices for building materials, it is quite difficult to mislead him. In such cases, the contractor may overestimate the amount of materials required for construction, but this can only be verified by analyzing the design documentation, as well as having knowledge of consumption rates.

Responsibility and guarantees

A clause on the contractor's responsibility must be present in the contract, since, in addition to manipulation of numbers, poor quality of work is also a risk for the customer. In the absence of this clause, the customer is obliged to pay the contractor even if the quality of the work is not acceptable. That is, the walls seem to be there, but the curvature of the plane requires additional finishing work, which was not included in the original plans and in itself entails costs.

In the same way, it is necessary to register warranty obligations, we are talking about the period of operation of the building after its acceptance. So, you need to understand what to do if the interfloor partition began to collapse after a year or if a high degree of shrinkage of the walls after three years caused significant damage to the building elements.

It is necessary to clarify that the acceptance of work is carried out on the basis of the norms and rules adopted in construction, and also to determine how the contractor bears responsibility. In other words, what exactly is this responsibility expressed in - does the contractor undertake to eliminate damage (or deficiencies) by carrying out repair work at his own expense, or undertakes to reimburse an amount equal to the cost of work and materials so that another company will eliminate the deficiencies. A clause regarding moral damages may be included, since people could have been injured in the destruction that occurred after acceptance.

Conclusion

Briefly summarizing the provisions discussed in this article, the specialists of the website portal would like to emphasize the mandatory presence of project documentation, and the condition for starting cooperation must be a closed estimate. In addition, it is necessary to include clauses in the contract about the guarantee and responsibility of the contractor for the quality of work performed.

for the construction of an individual residential building in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, in accordance with the project of an individual residential building (hereinafter referred to as the Project) and the Technical Specifications (Appendix No. 2), to carry out the construction of an individual residential building (hereinafter referred to as the Work) located at the address: (hereinafter referred to as the Object), and the Customer undertakes to accept and pay for the Work in accordance from clause 2.1 of this Agreement.

1.2. The materials necessary to perform the Work are supplied by the Contractor at the cost specified in this Agreement.

2. COST OF WORK AND PAYMENT PROCEDURE

2.1. The cost of the Work, broken down by stages of the Work, is indicated in Appendix No. 1 to this Agreement and amounts to Russian rubles. From the moment of signing this Agreement, the specified cost is considered fixed and can be increased only if changes are made to the Project.

2.2. Payment for the Work is carried out by the Customer in stages, in the following order:

2.2.1. The advance payment for each Stage, in the amount of 80% of the cost of this Stage, is paid by the Customer within calendar days from the date of receipt from the Contractor of notification of readiness to begin work on this Stage.

2.2.2. The Customer pays the additional payment for each Stage, in the amount of % of the cost of this Stage, within calendar days from the date of completion of work on the Stage.

2.3. All calculations are made in Russian rubles.

2.4. In case of violation of the payment schedule by the Customer, the Contractor has the right to suspend work for a period equal to the time of delay in payment.

3. ORDER OF WORK

3.1. The contractor begins work within calendar days from the date of payment of the advance payment for the first stage.

3.2. The deadline for completing work at each stage is indicated in Appendix No. 1. In case of early completion of the Work by the Contractor, the Customer is obliged to accept and pay for the completed Work in accordance with clause 2.2.

3.3. Upon completion of the work under the Contract, the Contractor shall provide the Customer with an acceptance certificate for the completed Work.

3.4. Within working days, the Customer is obliged to sign the acceptance certificate for the completed work or send a reasoned written refusal indicating specific comments on the completed Work. If within the specified period the Customer does not sign the acceptance certificate for the completed work or does not send a reasoned refusal, the Work is considered accepted and is subject to payment.

3.5. In the event of a reasoned refusal by the Customer, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation. Modifications, the need for which arose due to the fault of the Customer, are carried out at the expense of the Customer, in excess of the cost specified in clause 2.1 of this Agreement. Modifications, the need for which arose through the fault of the Contractor, are carried out at the Contractor's expense.

3.6. In the event of early termination of this Agreement, the Parties are obliged, within calendar days from the date of termination of work, to draw up a bilateral act on the completed part of the work and the actual costs incurred by the Contractor.

4. RESPONSIBILITY OF THE PARTIES

4.1. Until the signing of the acceptance certificate for the work performed under the Contract, the Contractor is responsible for the safety of material assets at the construction site.

4.2. The parties are responsible for failure to fulfill their obligations under this Agreement in accordance with the legislation of the Russian Federation.

4.3. In case of untimely fulfillment of its obligations under the Agreement, the guilty party shall pay the other party a penalty in the amount of % of the value of the unfulfilled obligations for each day of delay, but not more than % of the value of the unfulfilled obligations.

4.4. Payment of penalties and fines does not relieve the obligations of the parties to fulfill this Agreement.

5. OBLIGATIONS OF THE PARTIES

5.1. The customer is obliged:

5.1.1. provide the Contractor with a plot of land to carry out the Work;

5.1.2. provide temporary connection points for communications;

5.1.3. provide the contractor with constant and unhindered access to the site, including ensuring unhindered access to the site for construction equipment and freight transport;

5.1.4. if it is impossible for freight transport to approach the construction site directly, all additional costs associated with reloading and delivery of materials to the construction site are paid by the Customer, in addition to the cost of the Work specified in clause 2.1 of this Agreement;

5.1.5. accept the work performed from the Contractor according to the certificate;

5.1.6. make payment in accordance with the terms of this Agreement.

5.2. The contractor is obliged:

5.2.1. carry out work in accordance with the project and Terms of Reference;

5.2.2. if it is impossible to carry out further work, immediately inform the Customer;

5.2.3. after completion of the Work, remove construction waste and construction equipment from the construction site;

6. WARRANTY

6.1. The Contractor guarantees high-quality performance of work and timely elimination of significant shortcomings and defects that arose through the fault of the Contractor and were identified during acceptance of the work or during the warranty period.

6.2. The Contractor bears responsibility within the warranty periods and obligations established by this paragraph. The warranty period for civil works is years from the date of completion of the work. The warranty period for finishing work and utilities is years from the date of completion of the work. Warranties for windows, doors, furniture, and engineering equipment are established in accordance with the manufacturer’s warranty obligations.

7. EARLY TERMINATION

7.1. The Agreement may be terminated by the Parties by mutual agreement of the Parties, or by a court decision or in accordance with Section 8 of this Agreement.

7.2. The customer has the right to unilaterally terminate this agreement early in the following cases:

7.2.1. if the start of work is delayed due to the Contractor’s fault by more than calendar days;

7.2.2. if the Contractor made significant deviations from the contract in the work and did not correct these deviations within a reasonable time.

7.2.3. The Contractor has the right to unilaterally terminate this agreement ahead of schedule if the Customer does not pay the advance or does not pay in full, within calendar days from the date of receipt from the Contractor of notification of readiness to begin work under this Agreement.

7.3. In the event of early termination of the Agreement, the Parties are obliged to make mutual settlements within calendar days from the date of signing the act on the completed part of the work, taking into account the work performed by the Contractor and payments made previously.

8. GROUNDS FOR EXEMPTION FROM LIABILITY

8.1. Neither party will be liable for failure to fulfill or improper fulfillment of its obligations by one of the parties if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of the contract. Such circumstances include the parties: forest fire, flood, earthquake, other natural disasters, war, hostilities, adoption by public authorities and management of regulations that make it impossible for the parties to fulfill or properly fulfill their obligations.

8.2. If any of these circumstances directly affected the failure to fulfill the obligation within the period specified in the contract, then this period is extended in proportion to the duration of the relevant circumstance.

8.3. A party for which it has become impossible to fulfill its obligations under this Agreement as a result of the circumstances specified in clause 8.1 is obliged to immediately notify the other party.

8.4. If these circumstances last more than months, each party has the right to unilaterally terminate this agreement by notifying the other party calendar days before the date of termination.

9. DISPUTE RESOLUTION PROCEDURE

9.1. Disagreements arising between the Parties in connection with this Agreement will be resolved by the Parties through negotiations.

9.2. If agreement cannot be reached, the parties shall submit all disputes and disagreements under this agreement to the court.

9.3. In all other respects that are not specified in this agreement, the parties are guided by the legislation of the Russian Federation.

10. OTHER CONDITIONS

10.1. This agreement comes into force from the moment it is signed and is valid until the Parties fully fulfill their obligations under the agreement.

10.2. All changes and additions to this agreement are valid if made in writing and signed by the Parties.

10.3. The Contractor may use photographs of the Object for advertising purposes at his own discretion, subject to maintaining the confidentiality of the Customer’s personal data. The parties acknowledge the legality and validity of correspondence sent to each other via e-mail. Email addresses of the Parties: Customer - ; Contractor – .

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

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

Customer Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

A construction contract is a type of civil law transaction that is concluded in practice quite often. This agreement is concluded mainly with specialized companies that provide services in the construction sector.

Features of document preparation

Legislative regulation

Legal relations arising from a construction contract are regulated in (Article - Civil Code of the Russian Federation). These rules govern exclusively contractual legal relations arising between the contractor and the customer. But besides them, there are also other regulations that must be taken into account when building a house.

Such normative and legal acts include:

• Town Planning Code of the Russian Federation;
• Building codes and regulations (e.g. SNiP 02/31/2001 “Single-apartment residential houses”);
• 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 agreement

In accordance with the terms of the construction contract, the contractor undertakes to build a specific building or carry out other construction work on the instructions of the customer in accordance with the terms of the contract. The text of the contract must indicate the list of work to be performed and the address where it should be carried out.

The contract must indicate the party that must draw up technical documentation and estimates. 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 timing of construction work

Important! The text of the contract must clearly indicate the stages of work, as well as the deadlines for their completion. It is necessary to indicate both the beginning and the expected end of a specific stage of work.

It is also necessary to resolve issues related to the provision of materials and funds for construction work. The contractor may use his own facilities, equipment or materials. They can also be provided by the customer.

The contractor is obliged to perform work in accordance with the terms of the contract, as well as taking into account mandatory legal requirements.

After the completion 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 loss of the work results is borne by the contractor until the acceptance certificate is signed. After this, the risk of accidental loss or damage to the object passes to the customer.

In accordance with this, the customer has the opportunity to make changes to the technical documentation, unless, 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 the contract can specify a different procedure for making changes to the technical documentation. For example, it may be stipulated that any change must be agreed upon by the contractor.

In accordance with the contract, the customer is obliged to transfer the land plot to the contractor for construction work in accordance with the terms of the contract.

Submission of results and payment

In accordance with the contract, the contractor must notify the customer of the completion of construction work provided for in the contract.

Important! The customer, having received notification of the completion of work, must immediately begin accepting it, unless another period is provided for in the contract.

Acceptance of the work result is carried out by signing the corresponding act.

The payment procedure is provided for in the contract. The parties may provide for a staged payment system. They may also provide for the customer's obligation to pay the contractor after completion of all work specified in the contract.

Completed sample document

CONTRACT AGREEMENT No.
for building a house

____________ "____" ______________20___

Valid 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 entered into this Agreement as follows:

1. The Subject of the Agreement

The Contractor undertakes, on the instructions of the Customer, to perform the following types of work:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ at the address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Simultaneously with the signing of this Agreement, the Customer transfers to the Contractor a task containing a list of work carried out by the Contractor under this Agreement. All technical documentation necessary to perform work under this Agreement, as well as estimates, are developed by the Contractor and only after approval by the Customer become an integral part of this Agreement.

2. General provisions

2.1. The Contractor shall ensure the work performed by the Contractor and carry it out using his own resources and resources, using his own equipment and using his own materials.

2.2. Reception, unloading and storage of materials arriving at the site are 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 work is fully completed (including the period of time during which the Contractor will eliminate deficiencies identified during acceptance).

2.4. The party that provided the 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 construction specifications, state standards and technical specifications.

2.5. 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, is borne by the Contractor.

2.6. Ownership and the risk of accidental loss or damage to the result of the work pass to the Customer from the moment of acceptance of the work and signing of the Acceptance Certificate.

2.7. The quality guarantee of work, unless otherwise specifically stated, is 12 months.

3. Rights and obligations of the parties

3.1. The contractor is obliged:

3.1.1. Carry out work under this Agreement in full accordance with the Customer’s instructions, in accordance with current standards, building codes and regulations, technical, fire and other safety requirements.

3.1.2. Immediately notify the Customer and, before receiving instructions from him, suspend work if any circumstances beyond the Contractor’s control are discovered that threaten the suitability, quality or strength of the results of the work performed, or make it impossible to complete it on time.

3.1.3. Correct free of charge all deficiencies identified during acceptance of work or during further operation during the warranty period. Elimination of deficiencies is carried out using the Contractor’s forces, means and materials.

3.1.4. Complete the work within the time limits established by this Agreement and deliver the result of the work to the Customer.

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. Do not disclose information that became known to him during the execution of work, including the price of work, without the Customer’s consent.

3.1.7. At the end of each stage of work, transfer the result of the work to the Customer according to the Transfer and Acceptance Certificate.

3.1.8. Fulfill all of your obligations under this Agreement in full.

3.2. The customer is obliged:

3.2.1. Provide the Contractor with a task to carry out the work, prepare a suitable site for the construction of a house under this agreement, and also provide access to the site for heavy vehicles.

3.2.3. Within 3 (three) working days after receiving notice from the Contractor about the completion of the work, accept the result of the work, and if deviations from the Contract are discovered that worsen the result of the work, or other shortcomings in the work, immediately notify the Contractor.

3.2.3. The Customer undertakes to consider the Contractor’s written requests, 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 time limits provided for in this Agreement. (Appendix No. 2).

3.2.5. Fulfill all of your obligations under this Agreement in full.

3.2.6. The Customer undertakes to protect 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 work, as well as to provide living quarters for the construction team for the duration of the 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 materials provided by the Contractor, as well as the correct use of the Customer’s materials by the Contractor, without interfering in the business activities of the Contractor.

3.4. The Customer has the right at any time to demand from the Contractor the free elimination of identified deficiencies in the work performed by him.

4. Procedure and deadlines for completing work

The work provided for in this contract is carried out by the Contractor within the following time frames:

First stage: preparatory work, pouring the foundation.

Second phase: installation of a log house, installation of subfloors and ceilings, installation of a roof, external treatment of wood with antiseptic impregnations.

· Start of work: "___"_____________ ____ year.

· Completion of work: "___"_____ ____ year.

Third stage: interior decoration, installation of windows and doors.

· Start of work: "___"_____________ ____ year.

· Completion of work: "___"_____ ____ year.

If additional work occurs at the initiative of the Customer, which may affect the duration of the work, a change in the deadline for completing the work is formalized by an additional agreement to this Agreement.

5. Contract price and payment procedure

5.1. The cost of work is established 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 the amount exceeding 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 agreement of the Parties, this agreement will be considered terminated.

5.3. The cost of work is contractual in 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 to reduce it - only in cases provided for by law and this Agreement.

5.5. If there is a need to change the scope of work or 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, the Contractor will begin to perform them only after the Customer has signed 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 current legislation, including cash deposit into the Contractor's cash desk, or by bank transfer to the Contractor's bank account.

5.7. The payment schedule under this Agreement is subject to additional agreement by the Parties, the final payment for work performed on the facility is made on the basis of the Work Acceptance Certificate signed by the Parties no later than 3 (three) working days after the complete completion of the work, including after elimination of identified defects on the basis of the Certificate acceptance of work

6. Delivery and acceptance of work

6.1. Acceptance of completed work is carried out in the manner prescribed by this Agreement with the execution of Acceptance Certificates for completed work.

6.2. The Contractor, after formalizing the acceptance of work by the Customer, is not released from fulfilling any of the obligations stipulated by the contract that remained unfulfilled or performed with inadequate quality by the time the Acceptance Certificate was signed.

7. Responsibility of the parties

7.1. The responsibility of the parties for failure to fulfill 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 case of delay in payment for 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 late payment day.

7.3. In case of delay in fulfilling the Customer's obligations under clauses. 5.1., 2.3., the completion date of work is postponed by the number of days of delay and is documented in a protocol..

7.4. In case of failure to complete the work within the time limits specified in the Contract 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 released from liability for failure to fulfill obligations under the contract if it was a consequence of natural phenomena and other force majeure circumstances.

8. Duration of the contract

The Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under this Agreement.

9. Dispute resolution procedure

9.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it are resolved through negotiations between the Parties.

9.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the Arbitration Court ______________.

10. Effect of 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 unpreventable circumstances under given conditions, including declared or actual war, civil unrest, epidemics, blockade, embargo, fires, earthquakes, floods and other natural disasters, as well as the issuance of acts of government bodies.

10.2. A certificate issued by the relevant chamber of commerce and industry or other competent authority is sufficient confirmation of the presence and duration of force majeure.

10.3. A Party that fails to 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 agree 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 enforceability of the remaining provisions of this Agreement will not be affected or impaired and the illegal or invalid provision will be deemed separated from the Treaty

11.3. All acceptance documents (acts, invoices) relating to this Agreement, Additional Agreements, Appendices to this Agreement are an integral part of it.

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 agreement

Appendix No. 1. Summary estimate.

Appendix No. 2. List of works performed under the contract.

Payment schedule.

13. Addresses and bank details of the parties

Customer:

___________________________________________________________________

______________________________________________________________

_______________________________________________________________

Contractor:

___________________________________________________________________

___________________________________________________________________

_______________________________________________________________

_______________________________________________________________

Date of: ____________________

for the construction of an individual residential building in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, in accordance with the project of an individual residential building (hereinafter referred to as the Project) and the Technical Specifications (Appendix No. 2), to carry out the construction of an individual residential building (hereinafter referred to as the Work) located at the address: (hereinafter referred to as the Object), and the Customer undertakes to accept and pay for the Work in accordance from clause 2.1 of this Agreement.

1.2. The materials necessary to perform the Work are supplied by the Contractor at the cost specified in this Agreement.

2. COST OF WORK AND PAYMENT PROCEDURE

2.1. The cost of the Work, broken down by stages of the Work, is indicated in Appendix No. 1 to this Agreement and amounts to Russian rubles. From the moment of signing this Agreement, the specified cost is considered fixed and can be increased only if changes are made to the Project.

2.2. Payment for the Work is carried out by the Customer in stages, in the following order:

2.2.1. The advance payment for each Stage, in the amount of 80% of the cost of this Stage, is paid by the Customer within calendar days from the date of receipt from the Contractor of notification of readiness to begin work on this Stage.

2.2.2. The Customer pays the additional payment for each Stage, in the amount of % of the cost of this Stage, within calendar days from the date of completion of work on the Stage.

2.3. All calculations are made in Russian rubles.

2.4. In case of violation of the payment schedule by the Customer, the Contractor has the right to suspend work for a period equal to the time of delay in payment.

3. ORDER OF WORK

3.1. The contractor begins work within calendar days from the date of payment of the advance payment for the first stage.

3.2. The deadline for completing work at each stage is indicated in Appendix No. 1. In case of early completion of the Work by the Contractor, the Customer is obliged to accept and pay for the completed Work in accordance with clause 2.2.

3.3. Upon completion of the work under the Contract, the Contractor shall provide the Customer with an acceptance certificate for the completed Work.

3.4. Within working days, the Customer is obliged to sign the acceptance certificate for the completed work or send a reasoned written refusal indicating specific comments on the completed Work. If within the specified period the Customer does not sign the acceptance certificate for the completed work or does not send a reasoned refusal, the Work is considered accepted and is subject to payment.

3.5. In the event of a reasoned refusal by the Customer, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation. Modifications, the need for which arose due to the fault of the Customer, are carried out at the expense of the Customer, in excess of the cost specified in clause 2.1 of this Agreement. Modifications, the need for which arose through the fault of the Contractor, are carried out at the Contractor's expense.

3.6. In the event of early termination of this Agreement, the Parties are obliged, within calendar days from the date of termination of work, to draw up a bilateral act on the completed part of the work and the actual costs incurred by the Contractor.

4. RESPONSIBILITY OF THE PARTIES

4.1. Until the signing of the acceptance certificate for the work performed under the Contract, the Contractor is responsible for the safety of material assets at the construction site.

4.2. The parties are responsible for failure to fulfill their obligations under this Agreement in accordance with the legislation of the Russian Federation.

4.3. In case of untimely fulfillment of its obligations under the Agreement, the guilty party shall pay the other party a penalty in the amount of % of the value of the unfulfilled obligations for each day of delay, but not more than % of the value of the unfulfilled obligations.

4.4. Payment of penalties and fines does not relieve the obligations of the parties to fulfill this Agreement.

5. OBLIGATIONS OF THE PARTIES

5.1. The customer is obliged:

5.1.1. provide the Contractor with a plot of land to carry out the Work;

5.1.2. provide temporary connection points for communications;

5.1.3. provide the contractor with constant and unhindered access to the site, including ensuring unhindered access to the site for construction equipment and freight transport;

5.1.4. if it is impossible for freight transport to approach the construction site directly, all additional costs associated with reloading and delivery of materials to the construction site are paid by the Customer, in addition to the cost of the Work specified in clause 2.1 of this Agreement;

5.1.5. accept the work performed from the Contractor according to the certificate;

5.1.6. make payment in accordance with the terms of this Agreement.

5.2. The contractor is obliged:

5.2.1. carry out work in accordance with the project and Terms of Reference;

5.2.2. if it is impossible to carry out further work, immediately inform the Customer;

5.2.3. after completion of the Work, remove construction waste and construction equipment from the construction site;

6. WARRANTY

6.1. The Contractor guarantees high-quality performance of work and timely elimination of significant shortcomings and defects that arose through the fault of the Contractor and were identified during acceptance of the work or during the warranty period.

6.2. The Contractor bears responsibility within the warranty periods and obligations established by this paragraph. The warranty period for civil works is years from the date of completion of the work. The warranty period for finishing work and utilities is years from the date of completion of the work. Warranties for windows, doors, furniture, and engineering equipment are established in accordance with the manufacturer’s warranty obligations.

7. EARLY TERMINATION

7.1. The Agreement may be terminated by the Parties by mutual agreement of the Parties, or by a court decision or in accordance with Section 8 of this Agreement.

7.2. The customer has the right to unilaterally terminate this agreement early in the following cases:

7.2.1. if the start of work is delayed due to the Contractor’s fault by more than calendar days;

7.2.2. if the Contractor made significant deviations from the contract in the work and did not correct these deviations within a reasonable time.

7.2.3. The Contractor has the right to unilaterally terminate this agreement ahead of schedule if the Customer does not pay the advance or does not pay in full, within calendar days from the date of receipt from the Contractor of notification of readiness to begin work under this Agreement.

7.3. In the event of early termination of the Agreement, the Parties are obliged to make mutual settlements within calendar days from the date of signing the act on the completed part of the work, taking into account the work performed by the Contractor and payments made previously.

8. GROUNDS FOR EXEMPTION FROM LIABILITY

8.1. Neither party will be liable for failure to fulfill or improper fulfillment of its obligations by one of the parties if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of the contract. Such circumstances include the parties: forest fire, flood, earthquake, other natural disasters, war, hostilities, adoption by public authorities and management of regulations that make it impossible for the parties to fulfill or properly fulfill their obligations.

8.2. If any of these circumstances directly affected the failure to fulfill the obligation within the period specified in the contract, then this period is extended in proportion to the duration of the relevant circumstance.

8.3. A party for which it has become impossible to fulfill its obligations under this Agreement as a result of the circumstances specified in clause 8.1 is obliged to immediately notify the other party.

8.4. If these circumstances last more than months, each party has the right to unilaterally terminate this agreement by notifying the other party calendar days before the date of termination.

9. DISPUTE RESOLUTION PROCEDURE

9.1. Disagreements arising between the Parties in connection with this Agreement will be resolved by the Parties through negotiations.

9.2. If agreement cannot be reached, the parties shall submit all disputes and disagreements under this agreement to the court.

9.3. In all other respects that are not specified in this agreement, the parties are guided by the legislation of the Russian Federation.

10. OTHER CONDITIONS

10.1. This agreement comes into force from the moment it is signed and is valid until the Parties fully fulfill their obligations under the agreement.

10.2. All changes and additions to this agreement are valid if made in writing and signed by the Parties.

Please note that the contract agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.