in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as the "Parties", have concluded genuine contract, further " Agreement”, 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 the Technical Specifications (Appendix No.) and the Estimate (Appendix No.), and the Customer undertakes to create for the Contractor the conditions necessary to carry out the work, accept their result and pay the agreed price.

1.2. The terms of reference consist of the following technical documentation: .

1.3. Payment for work performed is made in the amount provided for in the Estimate, in next order and in following dates: .

1.4. Risk of accidental death or accidental damage of the construction project until its acceptance by the Customer is borne by the Contractor.

1.5. Duration of the contract: Commencement of work: "" 2019. Completion of work: "" 2019.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

• insure the risks of accidental loss or accidental damage to an object, materials, equipment and other property;
• carry out construction and related work in accordance with the Technical Specifications and Estimates;
• inform the Customer about the need to carry out additional work and increase estimated cost construction;
• suspend the relevant work with attribution of losses caused by downtime to the Customer’s account 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;
• carry out the instructions of the Customer received during construction, if such instructions do not contradict the terms of this agreement and do not constitute interference in the operational and economic activities of the Contractor;
• comply with the requirements of the law and other legal acts on the protection environment and about 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 the work exceeded the Estimate by at least %;
• demand compensation reasonable expenses expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.

2.3. The customer undertakes:

• provide a land plot for construction in a timely manner (area and condition of the provided land plot must ensure the timely start of work, its normal conduct and completion on time);
• transfer to the Contractor for use the buildings and structures necessary for the implementation of the work, ensure the transportation of goods to his address, temporary installation 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 at following conditions: ;
• If, during the implementation of control and supervision of the work, deviations from the terms of this contract are discovered that may worsen the quality of the work, or other shortcomings, immediately notify the Contractor of this (the Customer who has not made such a statement loses the right to subsequently refer to the shortcomings discovered by him) .

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 cost specified in the Estimate total cost construction 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 deadlines for their completion (schedule), and the quality of materials provided by the Contractor, without interfering with the operational and economic activities of the Contractor.

3. SUBMISSION AND ACCEPTANCE OF WORK

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

3.2. The customer organizes and accepts the result of the work at his own expense.

3.3. The delivery of the results of the 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 to this effect 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 work if deficiencies are discovered that exclude the possibility of its use for the purpose specified in this contract and cannot be eliminated by the Contractor or Customer.

4. FINAL PROVISIONS

4.1. If during construction and related work there are obstacles to proper execution of this Agreement, each Party is obliged to take all reasonable measures within its power to eliminate such obstacles. The party that fails to fulfill this obligation loses the right to compensation for losses caused by the fact that the relevant obstacles were not eliminated.

4.2. The Contractor guarantees that the construction project will achieve the indicators specified in the technical documentation and the ability to operate the facility 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 agreement is drawn up in copies.

5. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Contractor

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

Does it exist standard contract contract for construction work between legal entities?

Legislatively approved sample There is no contract for construction work (both between legal entities and with the participation of citizens and individual entrepreneurs). However, a document of this kind must comply with the requirements reflected in par. 1, 3 ch. 37 Civil Code RF (hereinafter referred to as the Civil Code of the Russian Federation). Also applicable to the agreement general rules on the form of the transaction contained in Art. 158-162 Civil Code of the Russian Federation.

A written form is required if:

• one of the participants will be a legal entity;
• the price of the work exceeds 10 thousand rubles.

At the same time, failure to comply with the requirements for writing the transaction does not entail its mandatory invalidity. Therefore, even in the absence documentation party to the contract in the event of controversial situation may try to confirm the existence of contractual relationships with other written evidence.

The parties to the contract are the contractor and the customer. The norms of the Civil Code of the Russian Federation do not contain any reservations about who can act in their role (i.e., it can be organizations, citizens, and individual entrepreneurs). However, in some situations, in accordance with Art. 52 Town Planning Code Russian Federation, only a member can become a contractor or customer self-regulatory organization in the field of construction.

Essential terms of the agreement

The provisions of the transaction, without which it may be recognized as not concluded, include:

1. Subject of the agreement (paragraph 2, clause 1, article 432 of the Civil Code of the Russian Federation). By virtue of paragraph 1 of Art. 702 Civil Code of the Russian Federation subject construction contract- this is the work (volume and content) and its result.
2. The initial and final deadlines for completing the work. Despite the fact that this parameter is not named as significant in the law, the prevailing arbitrage practice attaches precisely this importance to deadlines (determination of the Supreme Arbitration Court of the Russian Federation dated May 30, 2012 in case No. A04-1367/2011, resolution of the Arbitration Court Volga-Vyatka district dated January 16, 2018 in case No. A82-2641/2017).

IMPORTANT! According to paragraph 3 of Art. 432 of the Civil Code of the Russian Federation, even in the absence of agreed upon essential terms, the contract can be declared concluded. To do this, the parties must fulfill or accept what they are entitled to under the transaction, i.e., demonstrate by their actions the reality of the contractual relationship.

Subject of the agreement

The volume and content of work are determined by technical documentation (its list is specified in the text) and estimates (clauses 1, 2 of Article 743 of the Civil Code of the Russian Federation). If it is necessary to carry out any actions outside the scope of these acts, the contractor is obliged to immediately notify the customer about this. The latter is given 10 days to make a decision. IN otherwise the performer has the right to suspend activities. The customer, in turn, can make changes to the technical documents and estimates by no more than 10% of the prescribed price without radically varying the nature of the work.

The result of the contractor’s activities also needs to be as specific as possible, for which the following is indicated in the text:

• construction address;
• square, cadastral number and address reference of the land plot within the boundaries of which the work will be carried out;
• number of storeys;
• total area;
• material of walls, ceilings, roofing;
• foundation type;
• availability of communications.

Terms in the contract

When determining them, they are assigned specific dates(when the contractor starts work and when he finishes it). In addition to these terms, the contract may also define intermediate terms, but they are no longer considered essential conditions. Please note that termination of the contract and completion of work are two different periods. Thus, in the absence of the latter and the presence of the former, the transaction may be considered not concluded.

Rights and obligations of the parties

As a general rule, the contractor carries out construction using its equipment and materials (Article 745 of the Civil Code of the Russian Federation), although the contract may stipulate otherwise. The party providing it is responsible for the quality of supplies.

The condition on the method of performing work is disclosed by defining regulatory requirements in the field of construction, which will guide the contractor, and the mode in which the activities will be carried out. If the customer does not have special requirements, the contractor is guided by the relevant legal sources(clause 3 of article 703, clause 2 of article 721 of the Civil Code of the Russian Federation).

According to Art. 748 of the Civil Code of the Russian Federation, the customer has absolute right control the process and quality of construction/repair. To implement this function, he, according to Art. 749 of the Civil Code of the Russian Federation, may invite a specialist (engineer). To the contractor, clause 1, art. 706 of the Civil Code of the Russian Federation also allows for the involvement of third parties to perform work, unless otherwise specified in the transaction.

The price of the agreement is determined by the estimate attached to the contract in an imperative manner (clause 1 of Article 746 of the Civil Code of the Russian Federation). The term and procedure for payment are established by agreement. Otherwise, the parties may be guided by Art. 711 of the Civil Code of the Russian Federation.

Works can be accepted according to the acceptance certificate in form No. KS-2 “Album unified forms...”, approved. Resolution of the State Statistics Committee of the Russian Federation dated November 11, 1999 No. 100 (Article 753 of the Civil Code of the Russian Federation). If you need to participate in this process government and municipal authorities, then the organization and payment for acceptance is carried out at the expense of the customer.

Responsibility of participants and quality assurance

The contractor is responsible for any inconsistencies or deviations from the technical and regulatory documentation(Article 754 of the Civil Code of the Russian Federation), with the exception of minor ones that do not affect quality. The customer, as follows from Art. 755, 756 of the Civil Code of the Russian Federation, within certain period has the right to make claims regarding the quality of work. Maximum term for this purpose - 5 years, however, a longer period may be established by law or contract during which the customer can exercise this right.

All other measures of responsibility comply with standard rules and are included in each of the sample contract agreements for construction works by agreement of the parties. The guilty party can compensate for losses (Article 15, 393 of the Civil Code of the Russian Federation), pay a penalty (Article 330 of the Civil Code of the Russian Federation) or interest (Article 395 of the Civil Code of the Russian Federation).

So, the contract must necessarily include conditions on the subject and timing of the work. The contractor's primary responsibility is to comply with minimum construction code requirements. Acceptance of the object is carried out only according to the act established form. A sample construction contract between legal entities that meets all legal requirements is available for download on our website.

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

1. DEFINITIONS

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

1.1.1. Parties– Customer and Contractor.

1.1.2. An object– Customer’s premises.

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

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

1.1.5. Works– complex repair work, to be performed by the Contractor in accordance with the terms of the Contract and handed over under the Acceptance Certificate of completed work under the Contract.

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

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

2. SUBJECT OF THE AGREEMENT

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

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

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

3. COST OF WORK

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

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

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

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

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1. The Contractor undertakes:

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

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

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

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

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

4.1.6. At your own expense, with your own resources and resources, carry out acceptance, unloading, and storage construction equipment, equipment for the Contractor to perform the work.

4.1.7. Carry out daily cleaning during work and upon completion 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, and remove construction waste.

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

4.3. The Contractor is obliged to immediately warn the Customer and, until receiving instructions from him, to suspend work if it is discovered: unsuitability or poor quality of materials, equipment 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 required to enter into an agreement to insure his professional liability for the period of construction work.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The customer undertakes:

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

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

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

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

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

5.4. During the period of validity of this Agreement, the Customer has the right to engage persons other than the Contractor to perform the work provided for in this Agreement, if the Contractor performs the work with inadequate quality or delays, with all costs associated with the involvement of third parties being borne by 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 to the Contractor written demand and an invoice for payment of all costs associated with the involvement of third parties. The invoice must be paid by the Contractor within one day from the date of its receipt.

6. DATES FOR COMPLETION OF WORK

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

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

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

7. TERMS OF PAYMENT AND SETTLEMENTS

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

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

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

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

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

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

8. PRODUCTION AND ACCEPTANCE OF WORK

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

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

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

8.4. The contractor independently organizes work on site in accordance with the deadlines determined Schedule to the Appendices (Estimates).

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

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

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

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

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

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

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

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

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

9. FORCE MAJEURE CIRCUMSTANCES

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

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

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

10. TERMINATION OF THE AGREEMENT

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

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

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

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

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

11. RESPONSIBILITY OF THE PARTIES

11.1. In case of unreasonable delay established by the Treaty and the Schedule to the Appendices (Estimates) for the timing of transfer of payment for work performed, the Customer pays the Contractor a penalty in the amount of % of the payable amount for each day of delay, but not more than % of the cost of the work according to the Appendix (Estimate).

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

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

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

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

12. SPECIAL CONDITIONS

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

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

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

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

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

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

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

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

13. OTHER TERMS

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

13.2. The Contractor agrees to the following:

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

14. TERM OF THE AGREEMENT

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

15. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Customer

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

Agreement
work contract

G. ………………………….   “…..” …………………. 20….. g.

…………………………………………………………………………………………. in the face
(name of company, individual entrepreneur)

(Full name.)
………………………………………..…………...…, hereinafter referred to as the “Contractor”, and

……..…………………………………………………………………………………………………………. in the face
(name of organization, individual entrepreneur)

…………………………………………,acting on the basis..…………..……………….
(Full name.)
,

hereinafter referred to as the “Customer”, hereinafter referred to as the “Parties” have entered into this work agreement about the following:

1. The Subject of the Agreement

1.1. The Contractor undertakes to produce, and the Customer undertakes to accept and pay completed work.

1.2. Volumes, types and terms execution of work are listed in ……………...…………….,
(estimate / appendix / list)

which is an integral part of this contract.

2. Contract amount and payment procedure

2.1. Sum agreement……………………………………………………...……… and amounts to
(according to the attached estimate / is negotiable)

…………………………………………………………………………………/...…..…..… rubles.
(in words and numbers)

2.2. Sum agreement includes ………………………………………………...……..…

2.3. The Customer makes payment to the Contractor works in the following order:

…………………………………………………………………………………...…..……………...…
(at one time, in stages)

…………………………………………………………………………………...…..……………...…
(advance payment in the amount of ….. rub. or % “…..” ……………. 20 ……)

…………………………………………………………………………………...…..……………...…
(stage No. 1 payment executed works By …..)

…………………………………………………………………………………...…..……………...…
(stage No. 2 payment for work performed on .....)

…………………………………………………………………………………...…..……………...…
(stage No. 3 payment upon (within .... days) signing of the work acceptance certificate)

2.4. The cost of work is approximate and may change up or down as the parties refine and detail the technical specifications for repair and finishing work. Changes in prices and (or) cost of work must be made in writing in two copies, one for each party.

2.5. Form of payment

(payment request, payment order, check, letter of credit, cash cash and so on.)

3. Duration of the contract

3.1. The Agreement comes into force on …………………………….……..………………………………………………………
(date or event)

3.2. The contractor must begin work no later than “…..” …………………. 20….. g.

3.3. The contractor must complete all work on time before “…..” …………………. 20….. g.

4. Rights of the Parties

4.1. The contractor has the right:

– engage subcontractors to perform

…………………………………………………………………………………………………….......
(types of work performed by a subcontractor.)

4.2. The customer has the right:

– before the completion of the work, cancel the contract by paying the Contractor a remuneration for the completed part of the work and compensate him for losses caused by termination of the contract;

– check the progress and quality of work performed by the Contractor.

5. Responsibilities of the Parties

5.1. The contractor is obliged:

– with your own resources, tools, and mechanisms, perform the work to the extent in accordance with clause 1.2. of this contract in a quality and timely manner, established by clauses 3.2.-3.3. present contract agreements;

- at performing work comply with the requirements of laws, regulations and other legal acts on environmental protection and fire safety;

– in the case of using the Customer’s materials, warn the Customer about the unsuitability or poor quality of the materials;

– in the case of using the Customer’s materials, submit a report on the consumption of materials and, upon completion of the work, return the balance to him;

– warn that compliance with the Customer’s instructions impairs the quality of the work performed;

– warn about the presence of other circumstances that threaten the suitability or durability of the results of the work performed or create the impossibility of its completion or delay.

5.2. The customer is obliged:

– provide the Contractor with all information determining the final result of the work performed in the form

…………………………………………………………………………………...…..……………...…;
(technical task, project, drawings, etc.)

– make payment to the Contractor for the work in accordance with clause 2.3. actual agreement;

– provide the Contractor with execution of work …………………………………………….

…………………………………………………………………………………...…..……………...…;

– accept the completed work according to the acceptance certificate within ……..…… calendar days after receiving notification from the Contractor about the completion of all work;

– make the final payment in accordance with clause 2.3. according to the acceptance certificate;

– inform the Contractor about violations of the quality of work discovered by him, which in the future may lead to a violation of the technology and the necessary quality guarantees.

6. Responsibility of the Parties

6.1. If the Contractor violates the deadlines execution of work under this agreement, he pays the Customer a penalty in the amount of 0.1% of the contract amount for each day of delay if the delay was due to the Contractor’s fault.

6.2. In case of violation by the Customer of the terms of payment for the stages of work provided for in clause 2.3. of this contract, he pays the Contractor a penalty in the amount of 0.1% of the contract amount for each day of delay, if the delay was due to the fault of the Customer.

6.3. If the work is suspended due to the fault or request of the Customer, the Customer shall pay the Contractor a penalty in the amount of 0.1% of the contract amount for each day of downtime.

6.4.If the Customer reasonable time fails to pay for the work performed, the Contractor has the right to unilaterally terminate work agreement and demand from the Customer all material and moral damages in the manner prescribed current legislation RF, or by agreement of the parties.

6.5. The Contractor is responsible for the loss and/or destruction of the Customer’s property due to his fault. In this case, the Contractor is obliged to replace at his own expense specified property similar or compensate for damage caused to the Customer.

6.6. The Contractor is liable for damage caused to a third party during the performance of work, unless he proves that the damage was caused due to circumstances for which the Customer is responsible.

6.7. In cases where the work was performed by the Contractor with deviations from this contract that worsened the result of the work, or with other shortcomings, the Customer has the right, at his choice:
– require the Contractor to eliminate defects free of charge within a reasonable time;
– demand from the Contractor proportionate reduction the price set for the work;
– eliminate the deficiencies on your own or engage a third party to eliminate them, assigning the costs of eliminating the deficiencies to the Contractor.

The Contractor has the right, instead of eliminating the deficiencies for which he is responsible, to perform the work again free of charge with compensation to the Customer for losses caused by the delay in performance.

– claims related to defects in the work result may be submitted by the Customer to the Contractor within ……………… months from the date of acceptance of the work.

6.8. The risk of accidental death or accidental damage to the result of the work performed before its acceptance by the Customer is borne by the Contractor.

6.9. The Contractor is not responsible for the quality of materials provided by the Customer. Materials purchased by the Contractor at the request of the Customer are covered only by the warranty of the manufacturer (manufacturer).

7. The procedure for acceptance and delivery of completed work

7.1. Acceptance of the work result is carried out according to the acceptance certificate, within ......... days after the Customer receives the Contractor's notification that the work result is ready for acceptance.

7.2. When reasoned refusal Upon acceptance of the work by the Customer, the Parties draw up a two-sided Certificate with a list of necessary improvements and deadlines for their implementation without additional payment.

7.3. In the event of an unmotivated refusal by the Customer to sign the acceptance certificate within ………….….. days from the date of receipt by the Customer, the acceptance certificate is considered accepted by the Customer.

7.4. If the Contractor, within the period specified in the report of detected deficiencies, does not eliminate the deficiencies in the work performed, including equipment, then the Customer has the right to eliminate the deficiencies by another contractor with the Contractor paying the costs.

7.5. In the event of a disagreement between the Customer and the Contractor regarding the quality of the work performed, the Customer has the right to appoint a qualification examination, which will draw up an appropriate act to record the deficiencies and their nature, which does not exclude the right of the parties to apply to arbitration court on this issue.

8. Procedure for terminating the contract

8.1. Early dissolution contract may take place by agreement of the parties or on the grounds provided for civil law Russian Federation, with compensation for losses incurred.

8.2. The customer has the right to terminate work agreement in the following cases:
– delay by the Contractor in the progress of work through his fault, when the completion date established in the contract increases by more than one month;
– if deviations in the work from the terms of this agreement or other shortcomings of the work result were not eliminated in established by the Customer term, or are irreparable and significant.

8.3. The contractor has the right to terminate work agreement in the following cases:
– when the Customer stops construction and installation work for a reason beyond the Contractor’s control for a period exceeding one month;
– when the cost of work decreases by more than ……………% due to the Customer making changes to the design documentation;
– if the Customer loses the opportunity to further finance the work.

8.4. Upon termination of the contract by joint consent of the Customer and the Contractor, the results of the unfinished work are transferred to the Customer, who pays the Contractor the cost of the work performed in the amount determined by them jointly.

8.5. The party who decides to terminate the contract sends written notice to the other party.

9. Warranty

9.1. The guarantee for all work performed by the Contractor, documented in the contract, is ………………………. months.

9.2. Warranty obligations come into force from the moment of delivery of all work to the Customer according to the acceptance certificate.

9.3. If during warranty obligations If deficiencies are discovered that will not allow you to continue normal use of the work result until they are eliminated, then guarantee period extended for the period of elimination of deficiencies. Elimination of deficiencies is carried out by the Contractor at his own expense.

10. Dispute resolution

10.1. The parties will strive to resolve all possible disputes and disagreements that may arise under this agreement through negotiations.

10.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.

11. Force majeure

11.1. Neither Party will be liable for the entire or partial failure any of its obligations, if failure to fulfill is a direct consequence of circumstances of an insurmountable (force majeure) nature beyond the control of the Parties that arose after the conclusion of the Agreement.

11.2. Force majeure circumstances under the Agreement are: military actions, strikes, regulations legislative and executive power, fires, lightning, storms, floods, earthquakes, and other natural disasters.

12. Final provisions

12.1. Any changes and additions to this agreement are valid provided that they are made in writing and signed by authorized representatives of the parties.

12.2. The Agreement is drawn up in two original copies having equal legal force, one copy for each party.

Applications:

1. Technical specifications, etc..
2. Estimate (list of types of work).
3. Acceptance certificate.

Addresses and details of the parties

CustomerContractor

Address: ………………………………….   Address: ………………………………….
(legal and factual) (legal and factual)
……………………………………….…  ………….………………………………
……………………………………….…   ………….………………………………
……………………………………….… 

__________________

Construction contract between legal entities - a sample of this document will be of interest to persons operating in the field of construction and installation work. In the article we will give recommendations on drawing up a sample contract agreement and including the necessary conditions in it.

Contract for construction work: specifics of the contract

Regulatory regulation of obligations to perform construction and installation work is carried out general provisions Ch. 37 of the Civil Code of the Russian Federation, as well as special rules paragraph 3, devoted directly to contracting relations in the construction industry.

A construction contract is characterized by a number of features that make it possible to distinguish it from other agreements for the performance of work:

• the activity is carried out directly at the location of the object;
• provided additional responsibilities the customer to provide the necessary conditions for the contractor’s work (this is due, among other things, to the fact that usually the owner of the facility or land plot on which the work is planned is the customer);
• the contractor must have special legal capacity— be a member of a construction self-regulatory organization (SRO);
• system widely practiced general contract, established by Art. 706 Civil Code of the Russian Federation;
• exists significant amount special regulations governing construction relations (legislation on investment activities, urban planning standards and rules, etc.);
• must be observed special standards and standards in the field of construction work.

We conclude a contract for the construction of an LLC with an LLC

Like any other agreement between legal entities. persons, the contract between LLC and LLC is concluded in writing (Article 160-161 of the Civil Code of the Russian Federation). Essential terms of such an agreement, based on its wording (clause 1 of Article 740 of the Civil Code of the Russian Federation), are:

• item;
• cost of construction work (clause 1 of article 746 of the Civil Code of the Russian Federation);
• deadline for completing the work (clause 4 newsletter Presidium of the Supreme Arbitration Court of the Russian Federation "Review..." dated January 24, 2000 No. 51);

It should be borne in mind that either party may insist on inclusion in the contract certain condition, and then it will be considered significant. For more details on the contents of the contract, see the article “Contract for construction work - sample”.

• on the form of assistance of the parties (indicate the actions that the customer must perform to assist the contractor, their scope and procedure);
• construction site, work log, hidden work;
• quality guarantees for completed work;
• liability of the parties;
• changing the terms of the agreement.

Correct description of the terms of the subject in the contract agreement

A construction contract mediates a set of activities for construction, reconstruction and major renovation buildings (including residential), enterprises, structures or other objects, including all work related to the object under construction.

Subject of the contract persons with legal entities person is assessed through the types of work that the contractor must perform, and is considered agreed upon if the parties have specified:

• types of work to be performed and their volume;
• the facility where the activity is planned;
• desired result.

The types of work can be agreed upon by the parties in the text of the contract itself or in the attached technical documentation (clause 1 of Article 743 of the Civil Code of the Russian Federation). Registration requirements project documentation approved by the Decree of the Government of the Russian Federation “On the composition of sections of the design…” dated 02/16/2008 No. 87. At the same time, the lack of approved technical documentation is not an absolute reason for recognizing the contract as not concluded (clause 5 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 01/24/2000 No. 51).

Depending on the specifics of the property (for example, a residential building is an architectural monument), the procedure for carrying out work may be regulated by various, including special, laws (the Law “On Objects cultural heritage..." dated June 25, 2002 No. 73-F).

The meaning of the condition on the deadline for completing the work

Art. 740 of the Civil Code of the Russian Federation requires the contractor to perform work within the period specified in the contract. The text of the agreement must specify the initial and final deadlines for the work. By agreement between the parties, intermediate deadlines for the completion of work can be designated (see the article “There are deadlines for fulfilling obligations under a work contract...”). In this case, the contractor will be liable not only for failure to comply with the initial and deadlines of work, but also of each intermediate period.

Violation of deadlines entails liability for the contractor or, in some cases, the customer. In addition to damages, the guilty party may also be charged a penalty.

It must be borne in mind that the duration of the contract and the timing of the work under it may differ. The duration of the contract is usually determined by a time period or an indication of the moment full execution parties to their obligations, the deadline for completing work is usually tied to a specific date.

The price of the contract is a necessary condition of the contract

Payment for work under a construction contract is covered in Art. 746 of the Civil Code of the Russian Federation. As a rule, the customer pays for the work according to the estimate. The estimate is a calculation of the contract price with a breakdown of the cost:

• certain types of work;
• materials and equipment used in the work;
• other costs (see the article “What does the price of a contract include?”).

Usually it is drawn up by the contractor, and it acquires legal force only after approval by the customer. Sample estimate for a contract between legal entities. persons are presented in the article “Estimate for a contract - sample”.

The terms and procedure for payment are established in the contract itself. Work under the contract can be paid in one of the following ways:

• after delivery of the object to the customer;
• by paying an advance and final payment after delivery of the object to the customer;
• in the form of staged payment for work.

IN this article are given general recommendations for concluding a contract between legal entities. persons. When fulfilling them, the parties will stipulate almost all points that are essential for the complete, accurate and timely fulfillment of their obligations. In all other respects, the parties to the transaction are not limited in their expression of will.