Article 708

1. The contract specifies the start and end dates for the performance of work. By agreement between the parties, the contract may also provide for the deadlines for completing individual stages of work (interim deadlines).

Unless otherwise provided by law, other legal acts or not provided for by the contract, the contractor is liable for the violation of both the initial and final, as well as intermediate deadlines for the performance of work.

2. The initial, final and intermediate terms for the performance of work specified in the work contract may be changed in the cases and in the manner prescribed by the contract.

2. Unless otherwise provided by the work contract, the contractor, in the presence of the circumstances specified in paragraph 1 this article, has the right to refuse to perform the contract and demand compensation for losses.

Article 720. Acceptance by the customer of the work performed by the contractor

1. The customer is obliged to inspect and accept the work performed (its result) with the participation of the contractor within the terms and in the manner provided for in the work contract, and if any deviations from the contract that worsen the result of the work or other shortcomings in the work are found, immediately report this to the contractor.

2. The customer, who discovered shortcomings in the work during its acceptance, has the right to refer to them in cases where these shortcomings were specified in the act or in another document certifying acceptance, or the possibility of subsequent presentation of a demand for their elimination.

3. Unless otherwise provided by the work contract, the customer, who accepted the work without verification, is deprived of the right to refer to the shortcomings of the work, which could be established in the usual way of its acceptance (obvious shortcomings).

4. The customer, who discovered, after acceptance of the work, deviations in it from the work contract or other defects that could not be established with the usual method of acceptance (hidden defects), including those that were deliberately hidden by the contractor, is obliged to notify the contractor at a reasonable time. time period for their discovery.

5. If a dispute arises between the customer and the contractor regarding the shortcomings of the work performed or their causes, an examination must be appointed at the request of either party. Expenses for the examination shall be borne by the contractor, unless the examination establishes the absence of violations by the contractor of the work contract or a causal relationship between the actions of the contractor and the identified shortcomings. In these cases, the expenses for the examination shall be borne by the party that requested the appointment of the examination, and if it was appointed by agreement between the parties, both parties equally.

6. Unless otherwise provided by the work contract, if the customer refuses to accept the work performed, the contractor has the right, after a month from the day when, according to the contract, the result of the work was to be transferred to the customer, and subject to a subsequent two-time warning of the customer, to sell the result of the work, and the proceeds, minus all payments due to the contractor, make a deposit in the name of the customer in the manner prescribed by Article 327 of this Code.

7. If the customer's refusal to accept the completed work resulted in a delay in the delivery of the work, the risk of accidental destruction of the manufactured (processed or processed) thing shall be recognized as transferred to the customer at the moment when the transfer of the thing should have taken place.

Article 721. Quality of work

1. The quality of the work performed by the contractor must comply with the terms of the work contract, and in the absence or incompleteness of the terms of the contract, the requirements usually imposed on the work of the corresponding type. Unless otherwise provided by law, other legal acts or the contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract or certain usually imposed requirements, and within a reasonable time be suitable for the use specified in the contract, and if such use is not provided for the normal use of the result of this kind of work.

2. If the law, other legal acts or in the manner prescribed by them provide for mandatory requirements for work performed under a work contract, the contractor acting as an entrepreneur is obliged to perform work in compliance with these mandatory requirements.

The contractor may assume under the contract the obligation to perform work that meets quality requirements higher than those established by the parties binding requirements.

Article 722. Guarantee of the quality of work

1. In the event that a guarantee period is provided for the result of work by law, other legal act, work contract or business practices, the result of work must comply with the terms of the quality agreement during the entire guarantee period (paragraph 1 of Article 721).

2. The guarantee of the quality of the result of the work, unless otherwise provided by the work contract, applies to everything constituting the result of the work.

Article 723. Responsibility of the contractor for inadequate quality of work

1. In cases where the work was performed by the contractor with deviations from the work contract that worsened the result of the work, or with other shortcomings that make it unsuitable for the use provided for in the contract, or in the absence of an appropriate condition of unsuitability for normal use in the contract, the customer has the right, if otherwise not established by law or contract, at his option to require the contractor:

gratuitous elimination of deficiencies within a reasonable time;

commensurate reduction of the price established for the work;

reimbursement of their expenses for the elimination of deficiencies, when the right of the customer to eliminate them is provided for in the contract ().

2. The contractor has the right, instead of eliminating the shortcomings for which he is responsible, to perform the work again free of charge with compensation to the customer for the losses caused by the delay in performance. In this case, the customer is obliged to return the result of work previously transferred to him to the contractor, if such a return is possible due to the nature of the work.

3. If deviations in work from the terms of the work contract or other shortcomings in the result of work have not been eliminated within the reasonable time period established by the customer or are significant and irreparable, the customer has the right to refuse to perform the contract and demand compensation for the losses caused.

4. The condition of the work contract on the release of the contractor from liability for certain shortcomings does not release him from liability, if it is proved that such shortcomings arose as a result of the guilty actions or inaction of the contractor.

5. The contractor who provided the material for the performance of the work is responsible for its quality according to the rules on the liability of the seller for goods of inadequate quality ().

Article 724

1. Unless otherwise provided by law or a work contract, the customer has the right to present claims related to the inadequate quality of the result of the work, provided that it is revealed within the time limits established by this article.

2. In the event that a warranty period is not established for the result of work, claims related to shortcomings in the result of work may be presented by the customer, provided that they were discovered within a reasonable time, but within two years from the date of transfer of the result of work, unless otherwise terms are not established by law, contract or business practices.

3. The customer has the right to submit claims related to the shortcomings of the result of work discovered during the warranty period.

4. In the event that the warranty period provided for by the contract is less than two years and the defects in the result of the work are discovered by the customer after the expiration of the warranty period, but within two years from the moment provided for in paragraph 5 of this article, the contractor shall be liable if the customer proves that the defects have arisen before the transfer of the result of the work to the customer or for reasons that have arisen up to this point.

5. Unless otherwise provided by the work contract, the warranty period (paragraph 1 of Article 722) begins to run from the moment when the result of the work performed was accepted or should have been accepted by the customer.

6. The rules contained in paragraphs 2 and 4 of Article 471 of this Code shall be applied to the calculation of the guarantee period under a work contract, unless otherwise provided by law, other legal acts, agreement of the parties, or follows from the specifics of the work contract.

Article 725

1. Deadline limitation period for requirements imposed in connection with the inadequate quality of work performed under a work contract, it is one year, and in relation to buildings and structures it is determined according to the rules of Article 196 of this Code.

2. If, in accordance with the work contract, the result of work is accepted by the customer in parts, the limitation period begins from the date of acceptance of the result of work as a whole.

3. If a warranty period is established by law, other legal acts or a work contract and a statement regarding the shortcomings of the result of work is made within the warranty period, the limitation period specified in paragraph 1 of this article begins to run from the day the defects were reported.

Article 726. Obligation of the contractor to transfer information to the customer

The contractor is obliged to transfer to the customer, together with the result of the work, information regarding the operation or other use of the subject of the work contract, if this is provided for by the contract or the nature of the information is such that without it it is impossible to use the result of the work for the purposes specified in the contract.

Article 727. Confidentiality of the information received by the parties

If a party, due to the fulfillment of its obligation under a work contract, received from the other party information about new solutions and technical knowledge, including those not protected by law, as well as information in respect of which their owner has established a regime trade secret, the party that received such information is not entitled to disclose it to third parties without the consent of the other party.

The procedure and conditions for the use of such information are determined by agreement of the parties.

Article 728. Return by the contractor of property transferred by the customer

In cases where the customer, on the basis of paragraph 2 of Article 715 or paragraph 3 of Article 723 of this Code, terminates the work contract, the contractor is obliged to return the materials, equipment provided by the customer, the thing transferred for processing (processing) and other property or transfer them to the person indicated by the customer, and if it turned out to be impossible - to reimburse the cost of materials, equipment and other property.

Article 729

In the event of termination of the work contract on the grounds provided for by law or the contract, before the customer accepts the result of the work performed by the contractor (paragraph 1 of Article 720), the customer has the right to demand that the result of work in progress be transferred to him with compensation to the contractor for the costs incurred.

§ 2. Household contract

Article 730

1. Under a household contract, the contractor carrying out the relevant entrepreneurial activity undertakes to perform, on the instructions of a citizen (customer), certain work intended to satisfy the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work.

3. Relations under a consumer contract not regulated by this Code are subject to consumer protection laws and other legal acts adopted in accordance with them.

Article 731. Guarantees of the rights of the customer

1. The contractor is not entitled to impose on the customer the inclusion of additional work or services in the consumer contract. The customer has the right to refuse payment for work or services not provided for by the contract.

2. The customer has the right at any time prior to the delivery of work to him to refuse to perform the consumer contract, paying the contractor a part of the established price in proportion to the part of the work performed before the notice of refusal to perform the contract, and reimburse the contractor for the expenses incurred up to this moment in order to fulfill the contract, if they are not included in the specified part of the price of the work. The terms of the contract depriving the customer of this right are void.

Article 732. Providing the customer with information about the proposed work

1. The contractor is obliged to provide the customer with the necessary and reliable information about the proposed work, its types and features, price and form of payment, and also inform the customer, at his request, of other information related to the contract and the relevant work. If this matters due to the nature of the work, the contractor must indicate to the customer a specific person who will perform it.

2. If the customer is not given the opportunity to immediately obtain information about the work specified in paragraph 1 of this article at the place of conclusion of the consumer contract, he has the right to demand compensation from the contractor for losses caused by unjustified avoidance of concluding the contract (paragraph 4 of Article 445).

The customer has the right to demand termination of the concluded consumer contract without payment for the work performed, as well as compensation for losses in cases where, due to the incompleteness or inaccuracy of the information received from the contractor, a contract was concluded for the performance of work that does not have the properties that the customer had in mind.

The contractor who has not provided the customer with information about the work specified in paragraph 1 of this article shall also be liable for those shortcomings in the work that arose after it was handed over to the customer due to the lack of such information.

Article 733. Performance of work from the material of the contractor

1. If work under a consumer contract is performed from the contractor's material, the material is paid by the customer at the conclusion of the contract in full or in part specified in the contract, with the final settlement upon receipt by the customer of the work performed by the contractor.

In accordance with the contract, the material can be provided by the contractor on credit, including the condition that the customer pays for the material in installments.

2. A change after the conclusion of a domestic work contract in the price of the material provided by the contractor does not entail a recalculation.

Article 734

If work under a consumer contract is performed from the material of the customer, the receipt or other document issued by the contractor to the customer at the conclusion of the contract must indicate exact name, description and price of the material, determined by agreement of the parties. The assessment of the material in the receipt or other similar document may subsequently be challenged by the customer in court.

Article 735. Price and payment for work

The price of work in a consumer contract is determined by agreement of the parties and cannot be higher than that established or regulated by the relevant government bodies. The work is paid by the customer after its final delivery by the contractor. With the consent of the customer, the work can be paid by him at the conclusion of the contract in full or by issuing an advance.

Article 736

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 result of the work, as well as the possible consequences for the customer and other persons of non-compliance with the relevant requirements.

Article 737

1. In case of detection of defects during the acceptance of the result of the work or after its acceptance during the warranty period, and if it is not established, a reasonable period, but no later than two years (for real estate- five years) from the date of acceptance of the result of the work, the customer has the right, at his choice, to exercise one of the rights provided for in Article 723 of this Code or to demand a gratuitous re-performance of the work or reimbursement of expenses incurred by him to correct deficiencies with his own funds or by third parties.

2. In the event that significant shortcomings in the result of work are discovered, the customer has the right to present to the contractor a demand for the free elimination of such shortcomings, if he proves that they arose before the acceptance of the result of work by the customer or for reasons that arose before that moment. This requirement may be raised by the customer if the indicated deficiencies are discovered after two years (for real estate - five years) from the date of acceptance of the result of work by the customer, but within the service life established for the result of work or within ten years from the date of acceptance of the result of work by the customer if no expiration date is set.

3. If the contractor fails to comply with the requirement specified in paragraph 2 of this article, the customer has the right, within the same period, to demand either the return of a part of the price paid for the work, or reimbursement of expenses incurred in connection with the elimination of defects by the customer on his own or with the help of third parties, or refuse to perform the contract and demand compensation for the damages caused.

Article 738

In the event that the customer fails to appear to receive the result of the work performed or otherwise evades the customer from accepting it, the contractor has the right, having warned the customer in writing, after two months from the date of such warning, to sell the result of the work for a reasonable price, and the proceeds, minus all payments due to the contractor, to pay on deposit in the manner prescribed by Article 327 of this Code.

Article 739

In the event of improper performance or non-performance of work under a consumer contract, the customer may exercise the rights granted to the buyer in accordance with this Code.

§ 3. Construction contract

Article 740. Agreement building contract

1. Under a construction contract, the contractor undertakes to build a certain object on the instructions of the customer or perform other construction work within the period established by the contract, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the stipulated price.

2. A construction contract is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other object, as well as for the performance of installation, commissioning and other works inextricably linked with the object under construction. The rules on a building contract shall also apply to capital repairs of buildings and structures, unless otherwise provided by the contract.

In the cases stipulated by the contract, the contractor assumes the obligation to ensure the operation of the object after its acceptance by the customer within the period specified in the contract.

3. In cases where work is performed under a building contract to meet the household or other personal needs of a citizen (customer), the rules of paragraph 2 of this Chapter on the rights of a customer under a consumer contract are applied accordingly to such contract.

Article 741. Distribution of risk between the parties

1. The contractor bears the risk of accidental loss or accidental damage to the construction object that is the subject of the construction contract until the acceptance of this object by the customer.

2. If the construction object, prior to its acceptance by the customer, was lost or damaged due to the 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 work, provided that he has fulfilled the obligations stipulated by paragraph 1 article 716 of this Code.

Article 742. Insurance of a construction object

1. A construction contract may provide for the obligation of the party, which bears the risk of accidental loss or accidental damage to the construction object, material, equipment and other property used in construction, or liability for causing damage to other persons during construction, to insure the corresponding risks.

The party in charge of insurance must provide the other party with evidence of its conclusion of an insurance contract on the terms and conditions stipulated by the construction contract, including information about the insurer, the amount of the sum insured and the risks insured.

2. The insurance does not release the party concerned from the obligation to take the necessary measures to prevent the occurrence of an insured event.

Article 743. Technical documentation and estimate

Unless otherwise specified in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

2. The construction contract must determine the composition and content of the technical documentation, and it must also be stipulated which of the parties and within what time period must provide the relevant documentation.

3. The contractor, who discovered during the construction work not taken into account in the technical documentation and, in this regard, the need for additional work and increase estimated cost construction, is obliged to inform the customer about it.

If the customer does not receive a response to his message within ten days, unless the law or the construction contract provides for a different period for this, the contractor is obliged to suspend the relevant work with the attribution of losses caused by downtime to the customer's account. The customer is released from compensation for these losses if he proves that there is no need for additional work.

4. A contractor who has not fulfilled the obligation established by paragraph 3 of this article shall be deprived of the right to demand payment from the customer for additional work performed by him and compensation for the losses caused by this, unless he proves the need for immediate action in the interests of the customer, in particular due to the fact that the suspension of work could lead to the death or damage of the construction site.

5. If the customer agrees to carry out and pay for additional work, the contractor has the right to refuse to perform them only in cases where they are not included in the scope professional activity contractor or cannot be performed by the contractor for reasons beyond his control.

Article 744

1. The customer has the right to 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 the building contract.

2. Changes to the technical documentation in a larger volume than specified in paragraph 1 of this article shall be carried out on the basis of an additional estimate agreed by the parties.

3. The contractor has the right to demand, in accordance with Article 450 of this Code, a revision of the estimate, if, for reasons beyond his control, the cost of the work exceeded the estimate by at least ten percent.

4. The contractor has the right to demand compensation for reasonable expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.

Article 745. Provision of construction materials and equipment

1. The obligation to provide construction with materials, including details and structures, or equipment shall be borne by the contractor, unless the construction contract provides that the provision of construction in whole or in a certain part is carried out by the customer.

2. The party responsible for ensuring the construction is responsible for the discovered impossibility of using the materials or equipment provided by it without deteriorating the quality of the work performed, unless it proves that the impossibility of using arose due to circumstances for which the other party is responsible.

3. If it is discovered that it is impossible to use the materials or equipment provided by the customer without deteriorating the quality of the work performed and the customer refuses to replace them, the contractor has the right to cancel the construction contract and require the customer to pay the price of the contract in proportion to the part of the work performed.

Article 746. Payment for work

1. Payment for the work performed by the contractor is made by the customer in the amount provided for by the estimate, within the time and in the manner established by law or the building contract. In the absence of relevant instructions in the law or the contract, payment for work is made in accordance with Article 711 of this Code.

2. A construction contract may provide for payment for work at a time and in full after acceptance of the object by the customer.

Article 747. Additional obligations of the customer under a building contract

1. The customer is obliged to provide a land plot for construction in a timely manner. Area and condition of the provided land plot must comply with the conditions contained in the construction contract, and in the absence of such conditions, ensure the timely start of work, their normal conduct and completion on time.

2. The customer is obliged, in the cases and in the manner provided for by the construction contract, to transfer to the contractor for use the buildings and structures necessary for the performance of work, to ensure the transportation of goods to his address, the temporary connection of power supply networks, water and steam pipelines and to provide other services.

3. Payment for the services provided by the customer, specified in paragraph 2 of this article, is carried out in the cases and on the terms provided for in the construction contract.

Article 748

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 implementation (schedule), 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 operational and economic activities of the contractor.

2. The customer, who discovers in the course of control and supervision over the performance of work, deviations from the terms of the construction contract, which may worsen the quality of work, or other shortcomings thereof, is obliged to immediately notify the contractor about this. The customer who has not made such a declaration loses the right to refer to the shortcomings discovered by him in the future.

3. The contractor is obliged to fulfill the instructions of the customer received during the construction, if such instructions do not contradict the terms of the building contract and do not constitute an interference in the operational and economic activities of the contractor.

4. The contractor who performed the work improperly is not entitled to refer to the fact that the customer did not exercise control and supervision over their implementation, except in cases where the obligation to exercise such control and supervision is assigned to the customer by law.

Article 749

The customer, in order to exercise control and supervision over construction and make decisions on his behalf in relations with the contractor, may independently conclude an agreement on the provision of services of this kind to the customer with the appropriate engineer (engineering organization) without the consent of the contractor. In this case, the construction contract defines the functions of such an engineer (engineering organization) related to the consequences of his actions for the contractor.

Article 750. Cooperation of the parties in a building contract

1. If, during the performance of construction and related works, obstacles to the proper execution of a construction contract 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.

2. Expenses of a party related to the performance of the obligations specified in paragraph 1 of this article shall be reimbursed by the other party in cases where this is provided for by the building contract.

Article 751. Obligations of the contractor for environmental protection and safety construction works

1. When carrying out construction and related works, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and on the safety of construction work.

The contractor is responsible for violation of these requirements.

2. The contractor is not entitled to use in the course of work the materials and equipment provided by the customer, or to follow his instructions, if this may lead to a violation of the environmental protection and construction safety requirements binding on the parties.

Article 752. Consequences of conservation of construction

If, for reasons beyond the control of the parties, work under a construction contract is suspended and the construction site is mothballed, the customer is obliged to pay the contractor in full for the work completed until the moment of mothballing, as well as reimburse the costs caused by the need to stop work and mothballing construction, taking into account the benefits that the contractor received or could receive as a result of the termination of work.

Article 753. Delivery and acceptance of works

1. The customer, having received the contractor's notice of readiness for delivery of the result of the work performed under the construction contract or, if it is provided for by the contract, of the completed stage of work, is obliged to immediately begin to accept it.

2. The customer organizes and carries out the acceptance of the result of work at his own expense, unless otherwise provided by the construction contract.

AT statutory or other legal acts, in cases when accepting the result of work, representatives of state bodies and bodies local government.

3. The customer, who has previously accepted the result of a separate stage of work, bears the risk of the consequences of loss or damage to the result of work that occurred through no fault of the contractor.

4. The delivery of the result of work by the contractor and its 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 is made in it and the act is signed by the other party.

A unilateral act of delivery or acceptance of the result of work may be declared invalid by the court only if the motives for refusing to sign the act are recognized by him as justified.

5. In cases where this is provided for by law or a building contract or follows from the nature of the work performed under the contract, acceptance of the result of the work must be preceded by preliminary tests. In these cases, acceptance can only be carried out with a positive result of preliminary tests.

6. The customer has the right to refuse to accept the result of work in case of detection of deficiencies that exclude the possibility of its use for the purpose specified in the construction contract and cannot be eliminated by the contractor or customer.

Article 754. Responsibility of the contractor for the quality of work

1. The contractor is responsible to the customer for the deviations from the requirements provided for in the technical documentation and in the binding documents for the parties. building codes and rules, as well as for failure to achieve the indicators of the construction object specified in the technical documentation, including such as productive capacity enterprises.

When reconstructing (renovating, rebuilding, restoring, etc.) a building or structure, the contractor is responsible for the reduction or loss of strength, stability, reliability of the building, structure or part thereof.

2. The contractor is not responsible for minor deviations from the technical documentation made by him without the consent of the customer, if he proves that they did not affect the quality of the construction object.

Article 755. Quality guarantees in a building contract

1. The contractor, unless otherwise provided by the construction contract, guarantees the achievement by the construction object of the indicators specified in the technical documentation and the possibility of operating the facility in accordance with the construction contract during the warranty period. Statutory The warranty period may be extended by agreement of the parties.

2. The contractor shall be liable for shortcomings (defects) found within the warranty period, unless he proves that they occurred as a result of normal wear and tear of the object or its parts, its improper operation or incorrect instructions for its operation developed by the customer himself or by third parties involved by him , improper repair of the object, carried out by the customer himself or by third parties involved by him.

Paragraphs 2 § 4. The contract for the performance of design and survey work

Article 758

Under a contract for the performance of design and survey work, the contractor (designer, prospector) undertakes, on the instructions of the customer, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their result.

Article 759

1. Under a contract for the performance of design and survey work, the customer is obliged to transfer to the contractor a design assignment, as well as other initial data necessary for the preparation of technical documentation. The assignment for the execution of design work can be prepared by the contractor on behalf of the customer. In this case, the task becomes binding on the parties from the moment it is approved by the customer.

2. The contractor is obliged to comply with the requirements contained in the task and other initial data for the performance of design and survey work, and has the right to deviate from them only with the consent of the customer.

Article 760. Obligations of the contractor

1. Under a work contract for the performance of design and survey work, the contractor is obliged to:

perform work in accordance with the assignment and other initial data for the design and the contract;

coordinate the finished technical documentation with the customer, and, if necessary, together with the customer - with the competent state bodies and local governments;

transfer to the customer the finished technical documentation and the results of survey work.

The contractor is not entitled to transfer technical documentation to third parties without the consent of the customer.

2. The contractor under the contract for the performance of design and survey work guarantees the customer that third parties do not have the right to prevent the performance of work or restrict their performance on the basis of the technical documentation prepared by the contractor.

Article 761. Responsibility of the contractor for improper performance of design and survey work

1. The contractor under the contract for the performance of design and survey work shall be liable for improper preparation of technical documentation and performance of survey work, including shortcomings discovered later during construction, as well as during the operation of the facility created on the basis of technical documentation and data from survey work.

2. If deficiencies are found in the technical documentation or in the survey work, the contractor, at the request of the customer, is obliged to redo the technical documentation free of charge and, accordingly, carry out the necessary additional survey work, as well as compensate the customer for the losses caused, unless otherwise provided by law or contract for the design and survey work. .

Article 762. Obligations of the customer

Under a contract for the performance of design and survey work, the customer is obliged, unless otherwise provided by the contract:

pay the contractor the set price in full after completion of all works or pay it in installments after completion of individual stages of work;

use the technical documentation received from the contractor only for the purpose, stipulated by the agreement, not transfer the technical documentation to third parties and not disclose the data contained in it without the consent of the contractor;

assist the contractor in the performance of design and survey work to the extent and on the terms stipulated in the contract;

participate together with the contractor in the coordination of the finished technical documentation with the relevant state bodies and local governments;

reimburse the contractor for additional expenses caused by changes in the initial data for the performance of design and survey work due to circumstances beyond the control of the contractor;

attract the contractor to participate in the case on a claim brought against the customer by a third party in connection with the shortcomings of the technical documentation drawn up or the survey work performed.

§ 5. Contract work for state or municipal needs

Article 763. State or municipal contract for performance contract work for state or municipal needs

1. Contract construction work (), design and survey work (), intended to meet state or municipal needs, are carried out on the basis of a state or municipal contract for the performance of contract work for state or municipal needs.

2. Under a state or municipal contract for the performance of contract work for state or municipal needs (hereinafter referred to as a state or municipal contract), the contractor undertakes to perform construction, design and other related to the construction and repair of production and non-production character works and transfer them to the state or municipal customer, and the state or municipal customer undertakes to accept the work performed and pay for them or ensure their payment.

Article 764. Parties to a state or municipal contract

1. A legal or natural person may act as a contractor under a state or municipal contract.

2. By state contract state customers can be state bodies (including state authorities), government bodies off-budget funds, as well as government institutions, other recipients of funds federal budget, budgets of subjects Russian Federation when placing orders for contract work at the expense of budget funds and extrabudgetary funding sources.

3. Under a municipal contract, local governments, as well as other recipients of funds, can act as municipal customers local budgets when placing orders for the performance of contract work at the expense of budgetary funds and non-budgetary sources of financing.

2. If a state or municipal contract is concluded based on the results of an auction or a request for quotations for works carried out in order to place an order for the performance of contract work for state or municipal needs, the terms of the state or municipal contract are determined in accordance with the announced terms of the auction or request quotations for works and the proposal of the contractor recognized as the winner of the bidding or the winner in the request for quotations for works.

Article 767

1. When reducing by the relevant state bodies or local governments in in due course funds of the relevant budget allocated to finance contract work, the parties must agree on new terms, and, if necessary, other conditions for the performance of work. The contractor has the right to demand compensation from the state or municipal customer for damages caused by a change in the timing of the work.

Full text of Art. 743 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under Article 743 of the Civil Code of the Russian Federation.

1. The contractor is obliged to carry out construction and work related to it in accordance with the technical documentation that determines the scope, content of work and other requirements for them, and with an estimate that determines the price of work. Unless otherwise specified in the building contract, it is assumed that the contractor is obliged perform all the work specified in the technical documentation and in the estimate.

3. The contractor, who discovered during construction work not taken into account in the technical documentation and, in connection with this, the need for additional work and an increase in the estimated cost of construction, is obliged to inform the customer about this. If the customer does not receive a response to his message within ten days, if the law or the construction contract does not provide for a different period for this, the contractor is obliged to suspend the relevant work with the attribution of losses caused by downtime to the customer's account. The customer is released from compensation for these losses if he proves that there is no need for additional work.

5. If the customer agrees to carry out and pay for additional work, the contractor has the right to refuse to perform them only in cases where they do not fall within the scope of the contractor's professional activities or cannot be performed by the contractor for reasons beyond his control.

Commentary on Article 743 of the Civil Code of the Russian Federation

1. Technical documentation is a set of documents (feasibility study, drawings, diagrams, explanatory notes to them, specifications, etc.), determining the volume and content of construction work, as well as other requirements for them.

The estimate is an itemized list of costs for the performance of work, the purchase of equipment, the purchase of building materials and structures, etc. Together with the technical documentation, the estimate forms the design and estimate documentation, which is an integral element of the construction contract. The contractor is obliged to carry out construction in strict accordance with the design and estimate documentation, which, as a rule, cannot be revised during construction, with the exception of cases specified in clauses 3-5 of the commented article.

The indication of paragraph 2 of clause 1 of the commented article that the contractor is obliged to perform the entire scope of work provided for by the design and estimate documentation, unless otherwise provided by the contract, does not mean at all that the contractor must personally perform all the work and that he is deprived of the opportunity to attract subcontractors . It is indicated that the contractor, on his own and with the help of subcontractors attracted by him, must perform all the work provided for in the design and estimate documentation. However this rule is dispositive and can be changed by the parties.

The issue of preparing technical documentation arises only when, at the conclusion of a construction contract, there was only a feasibility study for construction, on the basis of which project documentation should be developed, or when technical project construction needs clarification. In these cases, at the conclusion of the contract, the composition and content of the technical documentation should be clearly defined, and it should also be provided which of the parties, and within what time frame, must provide the relevant documentation.

Regardless of who - the customer or the contractor - prepares the technical documentation, as well as the draft estimate, both of these documents are subject to mandatory agreement by the parties and after that remain, as a rule, unchanged until the completion of construction.

2. Sometimes, during construction, work not taken into account in the technical documentation is revealed, and therefore it becomes necessary to carry out additional work and increase the estimated cost of construction. The rules enshrined in clauses 3-5 of the commented article regulate the behavior of the parties in similar situation. When using them, you need to pay attention to the following points:
- the law does not make these rules dependent on which party prepared the technical documentation and did not take into account all the necessary work in it. The issue of bringing to responsibility a person who prepared a low-quality project documentation, is solved independently;
- the dispute about whether there is a need for additional work is often in practice referred to the permission of the engineering organization supervising the construction work;
- the need for additional work often serves as the basis for making changes to the design and estimate documentation. Therefore, the party that prepared the technical documentation must make appropriate changes to it, and the other party must agree on them;
- it is not always the identification of works not taken into account in the technical documentation that gives the contractor grounds for suspending work and presenting a claim to the customer for payment for downtime. According to the law, this is possible only when, without performing additional work, the contractor cannot start other work or continue the work already started;
- the contractor who performed additional work without agreeing this issue with the customer and did not prove the need for immediate action in the interests of the customer, does not have the right to demand payment for the work performed, even if the specified work was accepted by the customer under the acceptance certificate.

3. As follows from clause 5 of the commented article, the contractor has the right to refuse to perform additional work only in two cases, namely: when these works are not included in the scope of his professional activities and when they cannot be performed for reasons beyond the contractor's control. Both grounds for refusal are uncertain. Building company acting as general contractor, can hardly refer to his unprofessionalism in relation to additional work, therefore the refusal of the general contractor to perform additional work is possible only in rare cases.

4. Arbitrage practice:
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 24, 2000 N 51;
- Decree of the Federal Antimonopoly Service of the Moscow District dated March 21, 2014 N F05-31/2014 in case N A40-19112/13-67-11;
- Decree of the Federal Antimonopoly Service of the Moscow District dated March 20, 2014 N F05-301/2014 in case N A40-19750/13-151-275;
- decision of the FAS Northwestern District dated March 20, 2014 in case N A56-26492 / 2013;
- Decree of the Federal Antimonopoly Service of the Volga-Vyatka District dated February 25, 2014 in case N A82-4874 / 2013;
- Resolution of the Federal Antimonopoly Service of the North-Western District dated February 12, 2014 in case N A56-16817/2013;
- Resolution of the Federal Antimonopoly Service of the North-Western District dated February 4, 2014 in case N A66-3299/2013;
- Resolution of the Federal Antimonopoly Service of the West Siberian District dated January 30, 2014 in case N A70-3317 / 2013.

Consultations and comments of lawyers on Article 743 of the Civil Code of the Russian Federation

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Unless otherwise specified in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

3. The contractor, who discovered during the construction works not taken into account in the technical documentation and, in this regard, the need for additional work and an increase in the estimated cost of construction, is obliged to inform the customer about this.

Commentary on Article 743 of the Civil Code of the Russian Federation

1. Technical documentation is a set of documents (feasibility study, drawings, diagrams, explanatory notes to them, specifications, etc.) that determine the scope and content of construction work, as well as other requirements for them. The estimate is an itemized list of costs for the performance of work, the purchase of equipment, the purchase of building materials and structures, etc. Together with the technical documentation, the estimate forms the design and estimate documentation, which is an integral element of the construction contract. The contractor is obliged to carry out construction in strict accordance with the design and estimate documentation, which, as a rule, cannot be revised during construction, with the exception of the cases specified in clauses 3-5 of Art. 743 and Art. 744 GK.

2. Indication of para. 2 p. 1 art. 743 that the contractor is obliged to perform the entire scope of work provided for by the design and estimate documentation, unless otherwise provided by the contract, does not mean at all that the contractor must personally perform all the work and that he is deprived of the opportunity to attract subcontractors. In contrast, in the construction sector, the general contracting system is the most common. Comment. The standard only emphasizes that general rule the contractor, on his own and with the help of subcontractors involved by him, must perform all the work provided for in the design and estimate documentation. But this rule is dispositive and can be changed by the parties.

3. The issue of preparing technical documentation arises only when, at the conclusion of a construction contract, there was only a feasibility study for construction, on the basis of which project documentation should be developed, or when a technical construction project requires clarification in working documentation(the so-called two-stage design). In these cases, at the conclusion of the contract, the composition and content of the technical documentation must be clearly defined, as well as it is stipulated which of the parties and within what time period must provide the relevant documentation.

4. Sometimes in the course of construction, work not taken into account in the technical documentation is revealed, in connection with which it becomes necessary to carry out additional work and increase the estimated cost of construction. The rules enshrined in paragraphs 3 - 5 comments. Art., regulate the behavior of the parties in such a situation. When using them, you need to pay attention to the following points.

Firstly, the law does not make these rules dependent on which party prepared the technical documentation and did not take into account all the necessary work in it. The issue of bringing to responsibility a person who has prepared low-quality project documentation is resolved independently on the basis of Art. 761 GK.

Secondly, the dispute about whether there is a need for additional work is often in practice referred to the permission of the engineering organization supervising the construction work (Article 749 of the Civil Code).

Thirdly, the need for additional work often serves as the basis for making changes to the design and estimate documentation. Therefore, the party that prepared the technical documentation must make appropriate changes to it, and the other party must agree on them.

Fourthly, it is far from always that the identification of works not taken into account in the technical documentation gives the contractor a basis for suspending work and presenting a claim to the customer for payment for downtime. According to the law, this is possible only when, without performing additional work, the contractor cannot start other work or continue the work already started.

Fifthly, the contractor who performed additional work without agreeing this issue with the customer and did not prove the need for immediate action in the interests of the customer, has no right to demand payment for the work performed, even if these works are accepted by the customer under the acceptance certificate.

Sixth, the contractor has the right to refuse to perform additional work only in two cases, namely: when these works are not included in the scope of his professional activities and when they cannot be performed for reasons beyond the contractor's control. Both grounds for refusal are rather vague. A construction organization acting as a general contractor can hardly plead its lack of professionalism in relation to additional work, since it has the opportunity to attract the right specialist as a subcontractor. Therefore, the refusal of the general contractor to perform additional work is possible only in rare cases, for example, when we are talking about special works, which are usually performed by a specialized organization under a direct contract with the customer. The admissibility of referring to reasons beyond the control of the contractor is also very doubtful, since it opens up very wide opportunities for him to avoid performing work in which he is not interested.

Civil Code, N 14-FZ | Art. 743 of the Civil Code of the Russian Federation

Article 743 of the Civil Code of the Russian Federation. Technical documentation and estimate (current version)

Unless otherwise specified in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

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Commentary on Art. 743 of the Civil Code of the Russian Federation

Judicial practice under Article 743 of the Civil Code of the Russian Federation:

Decision of the Supreme Court: Ruling N 303-ES15-13256, Judicial Collegium for Economic Disputes, cassation
According to the applicant, the conclusions of the courts that the state customer should have required the general contractor to suspend work are not based on the provisions of paragraph 3 of Article 743 of the Civil Code of the Russian Federation. In addition, the plaintiff repeatedly signed additional agreements about a reduction in the price of the contract, which indicates his agreement to perform work at a lower price and his lack of intention to demand payment for the result of additional work ...
Decision of the Supreme Court: Ruling N 310-ES15-2760, Judicial Collegium for Economic Disputes, cassation
Therefore, it is untenable for the respondent to substantiate the legitimacy of agreeing with the customer on additional work in a manner other than that provided for by the specified clauses of the contract and Article 743 of the Civil Code of the Russian Federation, in the manner ...
Decision of the Supreme Court: Ruling N 309-ES15-15078, Judicial Collegium for Economic Disputes, cassation
The district court upheld the conclusions of the courts of first instance and appellate instance. The objections raised by the applicant that the work performed by MagRemCom LLC, which are not additional within the meaning of paragraph 5 of Article 709 and paragraphs 3 and 4 of Article 743 of the Civil Code of the Russian Federation, were the subject of consideration by lower courts and they were given an appropriate legal assessment ...

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Official text:

Article 743. Technical documentation and estimate

Unless otherwise specified in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

Lawyer's comment:

Technical documentation for the performance of construction works is a set of diagrams, drawings, schedules, calculations, as well as other documents necessary for the performance of contracted construction works prepared in accordance with the requirements of regulatory documents. The construction contract must determine the composition and content of technical documentation, subject to compliance with the requirements contained in the regulatory documents issued by the Government of the Russian Federation, Rosstroy, and other competent authorities. Main normative document regulating issues related to technical documentation during construction work is the Instruction on the composition, procedure for development, coordination and approval design and estimate documentation for the construction of enterprises, buildings and structures (SNiP 1.02.01-85). The specified Instruction regulates the composition, procedure for the development, coordination and approval of design estimates.

established in last years arbitration practice has shown that the absence of duly approved technical documentation is not an unconditional basis for recognizing a work contract as not concluded. The subject of the contract, as follows from Article 740 of the Civil Code of the Russian Federation, constitutes an essential condition of the contract, in the absence of which it is not concluded. In accordance with Art. 743 of the Civil Code of the Russian Federation, technical documentation determines the scope, content of work and other requirements for them, i.e. subject of the contract. Therefore, if the object is being built according to a standard project and before the conclusion of the contract, the customer was familiarized with this standard project, the parties had no disagreements on the subject of the contract and the customer accepted the result of the work under the act, then there are no unconditional grounds for recognizing the contract as not concluded due to the lack of technical documentation.