Contract with a construction company. Sample contract for construction work

Common templates.

Contracts with separately agreed terms by the parties.
General contracting, general contracting agreements.
Contracts with special conditions.
Ensuring (introducing and substantiating) contracts.
Contracts for the performance of design and / or survey work.
Contracts where one of the parties is an individual.
Applications (templates) to contracts of work.
"Construction" lease agreements (equipment, tools, etc.).
Annexes (templates) to lease agreements.

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New samples of construction contracts, updated templates.

General contract, construction works. Prepaid work.

The customer refuses to accept
work, unreasonable

How to hand over work, sign acts
and get paid on time

The customer unreasonably charged
and put up "huge" penalties

How to avoid penalties and fines
or reduce them

The customer does not agree to a replacement
materials during work

How to get from the customer
approval of this replacement

The customer "finds fault" with the results
works, unreasonably

How to sign in this case
acts of KS-2 and get paid

Common templates for construction contracts.

Contract (construction) of a general type.

Contract (construction) of a general type. The contract contains a clause on "approximation of the price", the price itself is specified in the course of work, according to the actual volumes.

Contract (construction) of a general type, the work is carried out at the expense of the customer.

Contract (construction) of a general type, the work is carried out at the expense of the contractor.

Contract (construction) contract of a general type, (there is a condition on the division of the subject of obligations; several persons act on the part of the contractor).

Contracts with separately agreed terms by the parties.

Contract (construction), performance (production) of works on the construction of the facility. The price is fixed. Agreed LSM (cost estimates). There is a condition for the provision of material (s). Obligations for the protection of the object are prescribed. Separately, the procedure for making changes to the LCM, estimates, those. documentation.

Contract (construction), performance (production) of works on the construction of the facility. The price is fixed. Agreed LSM (cost estimates). There is a condition for the provision of material (s). The conditions on the control of the parties over the expenditure of materials are prescribed.

Contract (construction), performance (production) of works on the construction of a residential building.

General contracting, general contracting agreements.

Standard contract(template) of a construction contract concluded between the general contractor and the customer.

Contracts with special conditions.

Contract agreement (construction), execution (production) of works. Separately (specially) the conditions for the provision of material (s) by the Customer are stipulated.

Contract agreement (construction), execution (production) of works. Separately (specially) the conditions for the provision of material (s) by the Customer are stipulated. Supplementary agreements (DS) separately establish the scope of work, their types and/or deadlines.

Contract agreement (construction), execution (production) of works. Separately (specially) the conditions for the provision of material (s) by the Contractor are stipulated. The price is fixed. The score is fixed. Down payment, one hundred percent.

Contract agreement (construction), execution (production) of works. Separately (specially) the conditions for the provision of material (s) by the Contractor are stipulated. Supplementary agreements (DS) separately establish the scope of work, their types and/or deadlines.

Contract agreement (construction), execution (production) of works. Separately (specially) the conditions for the provision of material (s) by the Contractor are stipulated. The price is fixed.

Contracts for repair and/or Finishing work.

Contract agreement, performance of construction and finishing works by the Contractor.

Contract agreement, performance by the Contractor of repair (current repairs) work in office premises. Payment is made on the fact of signing the acts of acceptance and transfer of works.

Contract agreement, performance by the Contractor of current repairs of residential premises (work - dependent on the customer).

Contract agreement, performance by the Contractor of the scope of work as part of the current repair of the premises. The price is indicated approximately, specified in the course of work, in fact.

Work agreement. Maintenance. Established (accentuated) conditions for warranty obligations.

Work agreement. Maintenance. Conditions for the payment of an advance payment have been established (accentuated).

Work agreement. Maintenance. It is envisaged to involve subcontractors in the work.

Work agreement. Maintenance. Works - dependent on the Contractor. Subcontractors are not allowed. Confidentiality.

Work agreement. Maintenance. Several Contractors. Subcontractors are not allowed.

Work agreement. Maintenance. Non-residential premises. Generally accepted terms in the contract.

Ensuring (introducing and substantiating) contract agreements.

Contracts for the execution of design (design) and / or survey (survey) work.

Design and/or survey contract.

Project contract. Design work, TK (design assignment) on behalf of the customer was made by the designer himself.

for execution construction works in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Contractor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. DEFINITIONS

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

1.1.1. Parties- Customer and Contractor.

1.1.2. An object- Customer's premises.

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

1.1.4. Construction site- the territory or premises necessary for the performance of construction work under this Agreement, located at: .

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

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

1.1.7. Certificate of acceptance of work performed under the Contract– a document confirming the performance (delivery-acceptance) by the Contractor of the Works and acceptance of the Facility (or part thereof) by the Customer.

2. SUBJECT OF THE CONTRACT

2.1. The Customer instructs, and the Contractor assumes the obligation to perform construction work at the Customer's site in accordance with the developed design, technical and estimate documentation approved by the Customer.

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

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

3. COST OF WORKS

3.1. The total cost of work on the object is indicated in the Annexes (Estimates), which is integral part actual agreement.

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

with an increase or decrease in the volume and types of work included in the Annexes (Estimates) to this Agreement;
when changing the nature, quality or type of the specified work;
when changing the procedure for taxation in the Russian Federation after the conclusion of the Agreement, in particular, the introduction of new taxes and other fees, their cancellation or changes in the amounts in force on the date of signing the Agreement.

3.3. If such changes affect the cost or completion time of the work, then the Contractor proceeds with their implementation only after the Parties sign the relevant Addendum to this Agreement, which becomes an integral part of this Agreement from the moment of signing.

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1. The contractor undertakes:

4.1.1. Perform the Works with delivery to the Customer within the time limits stipulated by this Agreement.

4.1.2. Be responsible for safe working conditions, implementation of fire prevention measures at the facility and methods of work at the facility. For damage caused to third parties in the course of work, the Contractor shall be liable if the damage was caused through his fault.

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

4.1.4. Fulfill the Customer's instructions received in the course of work, if they do not contradict the terms of the Agreement.

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

4.1.6. At its own expense, by its own forces and means, to carry out acceptance, unloading, storage of construction machinery, equipment for the performance of works by the Contractor.

4.1.7. Clean up daily during work and at the end of work construction site from construction waste.

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

4.2. The Contractor has the right, upon agreement with the Customer, to involve third parties to perform work under the Contract. At the same time, the Contractor bears all responsibility to the Customer for the fulfillment by third parties of the terms of the Contract.

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

4.4. The contractor is obliged to conclude a contract for insurance of his professional liability for the period of construction work.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The customer undertakes:

5.1.1. Transfer to the Contractor the premises suitable for construction work, according to the Act.

5.1.2. The Customer is obliged, in cases, to the extent and in the manner provided for by this Agreement, to assist the Contractor in the performance of work.

5.1.3. Make payments and acceptance of the work performed in the manner and within the time limits stipulated by this Agreement.

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

5.3. The Customer has the right, in agreement with the Contractor, to purchase the necessary equipment and materials on account of the cost of work. At the same time, the price of work payable to the Contractor shall be reduced by the cost of the purchased equipment and materials provided for in the Estimate.

5.4. The Customer, during the validity period of this Agreement, has the right to involve other persons, except for the Contractor, in the performance of the work provided for by this Agreement, if the Contractor performs work with inadequate quality or delays, with the assignment of all costs associated with the involvement of third parties, on the Contractor.

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

6. TERMS OF PERFORMANCE OF WORK

6.1. The Contractor starts to perform the work within working days after the Customer transfers the advance payment to his current account.

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

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

7. PAYMENT AND SETTLEMENT TERMS

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

7.1.1. The Customer pays the Contractor an advance payment for the purchase and delivery of materials in the amount of % of the total cost of work under the Annexes (Estimates) no later than banking days from the date of receipt of the invoice issued by the Contractor.

7.1.2. The following stages of payment (in case of work performed for more than one month): are made in accordance with the acts of work performed according to the Applications (Estimates) with the offset of the paid % of the advance.

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

7.2. The Customer's payment obligations are considered fulfilled from the date of debiting Money from the customer's account.

7.3. In case of early performance of works by the Contractor, the Customer may accept and pay for the work ahead of schedule.

8. PRODUCTION AND ACCEPTANCE OF WORKS

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

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

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

8.4. The Contractor independently organizes the production of work at the facility in accordance with the deadlines determined by the Schedule to the Annexes (Estimates).

8.5. From the moment of commencement of works until their completion, the Contractor shall keep a log of work performance, in which facts and circumstances related to the performance of work and relevant to the relationship between the Parties are recorded (date of commencement and completion of work, reports on inspection and acceptance of work (including . and hidden) and coordination of design and technical solutions with the Customer). If the Customer is not satisfied with the progress and quality of work or the records of the Contractor, then he sets out his opinion in the work log. The Contractor undertakes to take measures within three days to eliminate the shortcomings indicated by the Customer in the work log.

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

8.7. Delivery of the completed works according to the Applications (Estimates) is carried out in the following order:

8.7.1. The Customer accepts the work within working days from the date of receipt from the Contractor of a written notification of the completion of work under the Annexes (Estimates) and the readiness of the premises for the installation of process equipment.

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

8.7.3. Within the specified period, the Customer shall accept the premises and, in the presence of identified shortcomings and defects, fix them in the Act. A copy of the Act is sent to the Contractor to take measures to eliminate the identified shortcomings and defects.

8.7.4. After the installation of the technological equipment, the Customer accepts the premises for operation with the drawing up of an Act or sends a reasoned refusal to the Contractor indicating the reasons preventing the acceptance of the premises for operation.

8.7.5. If there is a need for additional work and, in connection with this, a significant increase in the price at a certain stage of the execution of work according to the Annexes (Estimates), the Contractor is obliged to notify the Customer in a timely manner.

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

9. FORCE MAJEURE

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

9.2. The Party, for which it became impossible to fulfill obligations under this Agreement due to force majeure circumstances, is obliged immediately from the moment of their occurrence to notify the other Party in writing of the occurrence and termination of these circumstances. Untimely notification of force majeure circumstances deprives the respective Party of the right to refer to them in the future.

9.3. If force majeure circumstances or their consequences last for more than a month, the Parties will discuss within working days what measures should be taken to continue work under the Agreement. If the Parties fail to agree within months, then each of the Parties has the right to demand termination of the Agreement.

10. TERMINATION

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

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

violation by the Contractor of the deadlines for the performance of work, provided that the deadline for their completion, established in the Schedule, increases by more than calendar days;
violations by the Contractor of the terms of the Agreement, leading to a decrease in the quality of work provided for by the project, building codes and regulations;
revocation of the license for construction activities, publication of other acts government bodies within the framework of the current legislation, depriving the Contractor of the right to perform work;
in case of untimely warning of the Customer about the need to exceed the price of work specified in the Annexes (Estimates).

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

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

10.4. When terminating the Contract at a facility with work in progress, the Parties draw up Certificates of acceptance of work performed in the form of KS-2 and KS-3, on the basis of which the Customer pays the Contractor the cost of actually performed work according to the Appendix (Estimate) at the time of termination of the Contract.

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

11. RESPONSIBILITIES OF THE PARTIES

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

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

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

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

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

12. SPECIAL CONDITIONS

12.1. After signing this Agreement, all previous written and oral agreements, correspondence, negotiations between the Parties relating to this Agreement shall cease to be valid if they are in conflict with this Agreement.

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

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

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

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

12.6. All Annexes (Estimates) and Calendar plans for the production of works to the Contract are its integral part.

12.7. Disputes arising in the course of the execution of this Agreement are resolved through negotiations, if no agreement is reached, disputes are resolved Arbitration Court.

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

13. OTHER TERMS

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

13.2. The Contractor agrees to the following:

Not to make or offer, directly or indirectly, a payment or gift to any employee, officer, or representative of a government, governmental agency, or other body, or any political party or its official or any candidate for political office, in circumstances where the payment or the gift would constitute an illegal payment, or where the payment or gift was made to secure an improper advantage or to generate any income from the business;
Make every effort to maintain the reputation and promote the interests of the Customer, and may not allow a conflict between his interests and the duties that he has to the Customer.

14. TERM OF THE CONTRACT

14.1. The Agreement comes into force from the moment of its signing by both Parties and is valid for one calendar year. If before the expiration of the Agreement, neither Party notifies the other Party of its intention to terminate the Agreement, the Agreement shall be deemed extended for the next calendar year on the same terms, while maintaining the procedure for prolongation for subsequent years.

15. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Contractor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

in a person acting on the basis of , hereinafter referred to as " Contractor”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. According to this agreement, the Contractor undertakes to build, hereinafter referred to as the "Facility", in accordance with terms of reference(Appendix No.) and the Estimate (Appendix No.), and the Customer undertakes to create the conditions necessary for the Contractor to perform the work, accept their result and pay the stipulated price.

1.2. Terms of reference consists of the following technical documentation: .

1.3. Payment for the work performed is made in the amount provided for by the Estimate, in the following order and within the following terms: .

1.4. The risk of accidental loss or accidental damage to the construction object before its acceptance by the Customer shall be borne by the Contractor.

1.5. Validity of the contract: Start of work: ""2020. Completion of works: "" 2020.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor undertakes:

insure the risks of accidental loss or accidental damage to the object, materials, equipment and other property;
carry out construction and related work in accordance with the Terms of Reference and the Estimate;
inform the Customer about the need for additional work and an increase in the estimated cost of construction;
suspend the relevant work with attribution of losses caused by downtime to the account of the Customer if the Customer does not receive a response to his message about additional work and an increase in the estimated cost within ten days;
provide construction materials, including parts, structures, or equipment;
execute the Customer's instructions received during the construction, if such instructions do not contradict the terms of this agreement and do not constitute interference in the Contractor's operational and economic activities;
comply with the requirements of the law and other legal acts on environmental protection and on the safety of construction work.

2.2. The contractor has the right:

demand, in accordance with Article 450 of the Civil Code, a revision of the Estimate, if, for reasons beyond his control, the cost of work exceeded the Estimate by at least %;
demand reimbursement of reasonable expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.

2.3. The customer undertakes:

timely provide a land plot for construction (area and condition of the provided land plot must ensure the timely start of work, their normal conduct and completion on time);
transfer to the Contractor for use the buildings and structures necessary for the performance of work, ensure the transportation of goods to his address, temporary connection of power supply networks, water and steam pipelines and provide other services: ;
payment for the services provided by the Customer, specified in the previous subparagraph of this paragraph, is carried out on the following terms: ;
in case of discovery in the course of control and supervision over the performance of work, deviations from the terms of this contract that may worsen the quality of work, or other shortcomings, immediately notify the Contractor about this (the Customer who has not made such a statement loses the right to refer to the shortcomings discovered by him in the future) .

2.4. The customer has the right:

make changes to the technical documentation, provided that the additional work caused by this does not exceed ten percent of the total construction cost indicated in the Estimate and does not change the nature of the work provided for in this contract;
exercise control and supervision over the progress and quality of work performed, compliance with the deadlines for their implementation (schedule), the quality of materials provided by the Contractor, without interfering in the operational and economic activities of the Contractor.

3. DELIVERY AND ACCEPTANCE OF WORKS

3.1. The customer, having received the Contractor's message about the readiness for delivery of the result of the work performed under this contract, is obliged to immediately begin to accept them.

3.2. The customer organizes and carries out the acceptance of the result of the work at his own expense.

3.3. The delivery of the result of work by the Contractor and their acceptance by the Customer are formalized by an act signed by both Parties. If one of the Parties refuses to sign the act, a note about this is made in it, and the act is signed by the other Party.

3.4. The Customer has the right to refuse to accept the result of the work in case of detection of deficiencies that exclude the possibility of its use for the purpose specified in this contract and cannot be eliminated by the Contractor or the Customer.

4. FINAL PROVISIONS

4.1. If during the construction and performance of related works obstacles to the proper execution of this agreement are found, each of the Parties is obliged to take all reasonable measures in its power to eliminate such obstacles. The party that has not fulfilled this obligation loses the right to compensation for damages caused by the fact that the relevant obstacles were not removed.

4.2. The Contractor guarantees the achievement by the construction object of the indicators specified in the technical documentation and the possibility of operating the object during the following warranty period: .

4.3. In everything else not regulated in this agreement, the Parties will be guided by the norms of the current civil legislation of Russia.

4.4. The contract is made in copies.

5. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Contractor

Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

A written contract for construction work is a sample contract, one of the main types of such an agreement. Both parties agree on the execution of construction or repair work, determine the conditions and terms of delivery.

Let's take a closer look:

without which the construction contract will not be considered valid;
what paragraphs in the text need to be written;
what standards govern the contract;
layout algorithm.

Read the article to the end - you are waiting for expert advice on drafting an agreement and the opportunity to download a standard construction contract.

Types of contract agreements

A contract is a kind of civil transaction. The parties to the sample contract for construction work are:

a person who needs a service or job. This is the client;
the person who does the work. This is the contractor (or contractor).

Both legal entities and individuals can become both parties. In this case, the contract is:

between citizens for the execution of repair, construction or installation work. It is important that a citizen who is going to perform work according to the model of the contract has permission to do so;
between legal and individual. For example, a citizen hires a construction company to build the walls of a private house;
deal between legal entities– conclusion of a contract for the construction of a production workshop;
a sample building contract between individuals, one of which is individual entrepreneur. An individual entrepreneur is hired for interior decoration of an already built house, for example.

In general, the contract for the performance of construction work in a contract with an individual entrepreneur according to the model of 2019 is standard.

The main obligations in the transaction are reduced to the fact that one party orders and receives finished work, the second one performs it and passes it.

According to the legislation, contracting transactions are divided into:

execution of a household contract, one of the parties is a private person, the work relates to the satisfaction of her personal and domestic needs;
execution of a building contract. The deal boils down to the fact that the customer performs construction, installation, commissioning and repair work (depending on the need);
a contract for the execution of design and survey work - an order for the development of technical documentation, for example;
execution of works for the needs of the state, local authorities.

The difference between a contract and an employment contract

The contract deals with civil contract and is not regulated by the norms of the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Therefore, in the form of a construction contract, it is impossible to prescribe the terms and definitions that are characteristic of an employment contract.

In fact, a private person can become the executor of the contract document, personal income tax is also paid from the amount of remuneration, in fact, such a citizen also earns. But that's where the similarities end:

different legal regulation. Labor contract regulated by the Labor Code of the Russian Federation, in a row belongs to the field of Civil regulation;
the contract agreement implies a one-time construction work, the performance of a specific volume. After construction, installation, commissioning, the work is handed over according to the act, paid. The sample contract is considered fulfilled;
an employee under a contract agreement is not provided with vacations (labor and social), benefits are not paid on disability certificates;
the contract is not regulated by local regulations of the customer organization;
in a contract transaction, both parties are equal, while the employment contract obliges the subordination of the employee in accordance with the organizational structure of the enterprise and its official duties. If the execution according to the model of the construction work contract falls on a specialized team - this structure is not subordinate to the customer, it fulfills the terms of the contract;
a citizen is not affected by the benefits and compensation established in the organization.

A private person does not have a length of service, the employer does not insure him (unless it is provided for by the contract itself). The contract agreement itself is considered one-time: the date of commencement and completion of work is provided.

In addition, not every organization makes sense to keep in the state construction team. For certain works, it is better to conclude a contract deal and draw up a sample of the corresponding contract.

Regulatory regulation

A contract for the performance of construction work - as a model of a civil agreement is regulated by the following norms of the law:

Civil Code of the Russian Federation - Civil Code	Regulation of the drafting and execution of contracts in general (Chapters 27 to 29: concept and conditions, conclusion and termination of agreements) You can read about the Construction Contract starting from Article 740 (third paragraph of the Civil Code) Legal regulation work contracts (Chapter 37 in its entirety)
Urban planning code	Planning, preparation of estimates and technical documentation, construction regulation, regulation, etc.
Federal Law "Law on architectural activity in the Russian Federation"	Regulation of architectural activities, project development, rights to architectural activities, etc.
Regulations local authorities	Regulation of construction, installation and repair related to certain territorial features

Essential terms of a construction contract

The legislation does not define any standard sample of the contract. There is also no standard for a contracting agreement. However, in order for a construction contract to be considered valid and have legal force, its sample must reflect the essential conditions:

the subject of the agreement is what the transaction is for (what is required - repair, construction, installation or commissioning and commissioning of a new production, which is the object of construction);
the deadline set for the execution of the work.

The rest of the clauses do not apply to the essential conditions, but are prescribed in the contract without fail. Moreover, since there are no restrictions by law, you can prescribe any conditions on which the transaction is concluded, and prescribe them in as much detail as possible. The main thing is that such conditions do not contradict the law.

Mandatory details and items

In principle, we can say that these items, without which the contract for construction work will be considered incomplete. What conditions are necessary?

Subject

The subject of the contract may be the construction of a production workshop, finishing work in a private house, the construction of the foundation of a country house, the start-up and adjustment of production, the construction of an apartment building, and so on.

Deadline

The contract specifies at least two dates: completion and start of work. If the volume is very large or the parties have a desire, the terms stipulated by the agreement can be broken down for intermediate work. For example, before March 2, 2020, pour the foundation, before February 3, 2021, put the box of the building, and before May 6, 2022, complete the construction.

Price of work and payment procedure

The price of works or services is determined by the text of the contract or is established in budget documentation. Also, if several services were performed, you can attach an invoice with prices to the contract. Then in the agreement you need to write that the price corresponds to the application.

In addition to determining the cost of the transaction, the payment procedure is established:

one payment or several. If the deadline is divided into several dates, you can pay for the implementation of each after the fact;
by bank transfer to an account or in cash;
the procedure for granting installments or deferred payment for the execution of a sample construction or repair agreement;
the possibility of advance payment for the execution of construction works.

Applications

Annexes to the agreement may include:

protocols for agreeing prices for work;
accounts;
project documentation;
estimate.

Rights and obligations of the parties to the agreement, contract price

A list of rights and obligations of the contractor and the contractor is prescribed. Here you can describe in detail everything related to the transaction. The more detailed the agreement, the fewer questions and problems in the future associated with their non-fulfillment.

The main right of the customer is associated with the acceptance of a high-quality result of the work, and the implementation of control over the execution of a sample construction work contract, while the contractor is entitled to timely and full payment for his work.

Quality of work and responsibility of the parties

It is determined that the quality of materials and equipment used in the construction contract must comply with the standards.

The paragraph once again states what result of the work is required from the contractor, and what quality characteristics, GOSTs and other standards it must comply with.

The responsibility of the parties means the onset of any sanctions for non-fulfillment of the terms of the agreement. If the customer has not paid on time, every day of delay will cost him a fine, if the contractor has not completed something, either he works at his own expense, or hires another company to complete the construction for his own money.

Other terms of the construction contract

Or other conditions - this wording is more common. Here are the points that are also important for the parties, but none of them meets the main points of the agreement.

1. Any changes must be agreed and signed in writing.

2. The parties must notify about the change of details: addresses, accounts, company names, etc.

3. Permission or prohibition to use the services of subcontractors. A sample subcontract for construction work is concluded if part or all of the volume is taken to be performed by another contractor.

By the way! There is also such a thing as a subcontractor - this is an example of such cooperation, in which the subcontractor is the customer for the construction work. The agreement is concluded between them according to the established model.

Registration procedure and sample

Algorithm for issuing a construction contract:

Search for a team, company or specific person to conclude a sample contract. The choice depends on what specific work is required, who is the customer, and what budget is calculated for the contract.
Negotiation of the terms of the deal. For example, the contract stipulates that materials, equipment and auxiliary tools are provided by the contractor. You can prescribe that all of the above is transferred by the customer, either in full or in part.
Making an agreement.
Signing of samples of the completed construction contract.
Execution of all works in accordance with the contract.
Completion of works, drawing up and signing of the certificate of completion.
Final settlement under the contract (if it is determined upon the fact of the complete execution of the contract).

After one party completes the order in full, and the second party pays for it, the contract is considered fulfilled, except for the clause about warranty obligations. If the agreement defines the warranty period and the conditions for its implementation, then in this part the agreement is considered still valid.

The form of a construction contract is always only in writing, with the original signatures of the parties affixed.

A sample contract for the execution of a construction work contract can be downloaded from the website. Downloading is free.

1. Familiarize yourself with the legislation that governs the construction contract.

2. Download an example of a construction contract, familiarize yourself with the main points, design, terms used, prescribed conditions.

3. Draw up a contract, writing down the points in as much detail as possible. A sample construction subcontract is drawn up in the same manner as a regular contract.

4. If in doubt, consult a lawyer. On our website, this can be done in a free chat.

5. Write down the mandatory clauses of the agreement.

A construction contract is a common type of civil transactions. In order for the transaction to have legal force and be valid in part of the written contract - follow the indication mandatory items, the absence of errors and false information. A sample construction contract in word version can be downloaded for free on the website.

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If you didn't find the answer to your question or if you have any questions, please contact free consultation to a lawyer in the chat on our website

Standard contract contract work

The construction contract is valid for Civil Code. A contract for construction work is one of the types of work contract, where there are two parties, this is the contractor and the customer. The customer hires a contractor for construction work under the contract, and must accept and pay payment for the work.

Usually, a contract for construction work is made according to a certain model. The contract specifies the rights and obligations of both parties, which is the subject of the contract, the conditions for the performance of work, payment, for which bonuses or fines are provided, details and signatures of the two parties.

The subject of the contract is the performance of construction works, which are described in the design and estimate documentation, that is, the contractor performs the task of the customer.

Payment for the work rendered, for the performance of the contract is clearly stated in the contract, and usually goes in stages for each intermediate object made, with this contract the order and deadline for its implementation should be prescribed.

A building contract generally covers most construction work. These include: construction of buildings, enterprises, other facilities, reconstruction of various facilities, overhaul houses and structures, installation works.

Rights and obligations of both parties

In order to avoid disputes and conflicts under the concluded agreement, it is necessary to prescribe all the rights and obligations of the two parties in it. In our case, this is the customer and the contractor who will perform all the work under the contract.

Contractor responsibilities include:

the contractor must complete all the ordered works according to the design and estimate documentation. The quality of the work performed is also important, using to fulfill the contract labor resources, tools and other mechanisms.
The contractor undertakes to perform the work in stages, following the calendar plan in the specified volume and on time.
The contractor is fully responsible for the property and equipment entrusted to him by the customer.
If the contractor knows that the cost estimate will be exceeded, then the customer must be warned in advance.

Customer responsibilities include:

the customer must accept set time work done after the contractor has notified him of the completion of the work.
the customer must pay the contractor's work in accordance with the contract on time and in full.

Under the contract, the parties assume and are liable if the fulfillment of obligations under the contract has also occurred.

For example, there was a delay in the start or completion of work, the work was of inadequate quality, there were delays in cash payment.

Contract for construction work (download sample) doc.

Let us consider with you how the contract for the performance of construction contract work is filled out, what items it contains, and what is written in them.

The contract for the performance of construction contract work is assigned a specific number. Further, it is indicated in which city and when the contract is concluded.

Both parties to the agreement are prescribed, in whose person the contractor is represented, in whose person the customer is represented, in the contract in the future they will be called by the parties who entered into this agreement.

Next, you need to write down the subject of the contract. This is done in the first paragraph, that the customer gives, and the contractor undertakes the performance of certain works, the volumes and terms, the delivery of which is determined by the order estimate and an appendix with a list of works. Both of these applications are part of the contract.

The next paragraph specifies estimated cost of all work provided for under the contract, that payment will be made as intermediate objects are handed over. Payment will be made using payment orders, broken down by quarters.

The customer must provide and approve the project and the estimate and technical documentation within a certain period of time.

The second paragraph specifies the obligations of the contractor. The contractor undertakes to qualitatively fulfill the order taken and work on the design and estimate technical documentation, using his own strength, tools, materials and comply with building codes and rules.

Upon completion of the work, the contractor must hand over to the customer the fully completed and completed work. A deadline is set for when the work must be completed.

The agreement is also accompanied by calendar plan, where the deadlines for the implementation of all stages separately are indicated.

The contractor must notify the customer of the readiness of intermediate work in writing for a certain number of days. The contractor also undertakes to preserve the property entrusted to him.

If such a situation arises that the cost estimate increases or circumstances arise that interfere with the performance of work, the contractor is obliged to notify the customer about this in a certain number of days.

Further in this paragraph, the obligations of the customer are prescribed. The customer is obliged to accept the completed work from the contractor for a certain period after he has received from him a written notice of the completion of the work.

If the work suits him and is completed on time, then the customer must pay for the work of the contractor under the contract.

Both parties assume property liability in case of non-fulfillment or poor-quality performance of work under the contract.

Responsibility provided for violation of the deadlines for the start or completion of work. In this situation, the contractor must pay a penalty in the amount of a certain percentage of the value of the outstanding work.

If the customer, when accepting the work, found any shortcomings in the quality of the work, whoever the customer has the right to correct the shortcomings at the expense of the contractor within a certain percentage of the total estimate of the work.

If the customer has delayed the time for the transfer of design estimates and technical documentation to the contractor in certain deadlines, in this case, the customer needs to pay a fine in a certain amount for each day of delay.

In the fourth paragraph, additional conditions are prescribed.

The customer must ensure the safety of the materials of the tools that the contractor handed over to him for work. The period of validity of the contract is prescribed, from which, for how long it is valid.

In the fifth paragraph, it is necessary to show the legal addresses of the customer and their contractor Bank details. The legal address, postal address, telephone number, TIN, KPP are indicated, in which bank the current account is opened and its details, the signatures of both parties, the date of its compilation is put.