A contract is an agreement according to which one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the latter undertakes to accept the result of the work and pay for it.
The work contract is one of the oldest civil law contracts. It was already known to Roman law, which defined it as the hiring of work (Latin locatio-conductio operis), that is, it was considered as a type of rental agreement - along with the hiring of things (Latin locatio-conductio rei) and services (Latin locatio-conductio operarum).
Treaty in Russia
Currently in Russia, the legal regulation of work contracts is carried out not by general, but by individual types of contracts - special rules enshrined in the Civil Code. In addition, special laws and other legal acts are applied to relations arising from one type of contract or another, in particular the Law “On the Protection of Consumer Rights”, Federal law"On architectural activities in Russian Federation", Federal Law "On investment activities in the Russian Federation, carried out in the form of capital investments”, etc. Certain elements of the contract may be regulated by the rules of purchase and sale insofar as this does not contradict the essence of this obligation.
By its nature, a contract is paid, consensual and bilaterally binding.
Types of contract
The following types of contract are distinguished:
· Household contract
· Construction contract
· Contract for design and survey work
· Contract work for state and municipal needs
The contract rules also partially regulate the performance of research, development and technological work and paid provision of services.
Parties to the agreement
The parties to the contract are the customer, who entrusts the performance of certain work, and the contractor, who undertakes to perform this work, which, depending on a particular type of contract, may be capable individuals and legal entities, as well as individual entrepreneurs.
The law allows the participation of several persons on the contractor's side - co-contractors (co-executors). If the subject of the contract is indivisible, they are jointly and severally liable to the customer for non-fulfillment or improper fulfillment of their obligations, and also act as joint and several creditors in relation to the customer. If the subject of the contract is divisible, as well as in other cases provided for by law or contract, each of the co-contractors acquires rights and bears obligations towards the customer within the limits of its share.
General contractor and subcontractor
If the law or the contract does not provide for the contractor’s obligation to perform the work provided for in the contract personally, the contractor has the right to involve other persons in the performance of his obligations. In this case, he plays the role of a general contractor, and the persons involved in the work act as subcontractors. The relationship between the general contractor and the subcontractor is formalized by a subcontract agreement.
The scope of personal participation of the general contractor in the total scope of work performed is determined by the contract and may be limited to issues of general management and mediation between the customer and the subcontractor.
In case of engaging subcontractors in violation of the prohibition established by law or contract, the contractor is liable for losses caused by their actions. The general contractor is also responsible to the customer for non-fulfillment or improper fulfillment of obligations by the subcontractor, and to the subcontractor for non-fulfillment or improper fulfillment of obligations by the customer with the right to subsequently file a recourse claim against the subcontractor or customer, respectively.
As a general rule, due to the absence of contractual relations, the customer does not have the right to make direct demands on the subcontractor related to his violation of the subcontract agreement, and the subcontractor does not have the right to make direct demands on the customer related to his violation of the work contract. The specifics of satisfying such requirements are determined by law or contract, and if they are not defined, they are established in judicial procedure.
Single customer
The customer has the right, with the consent of the contractor, to enter into contracts for the performance of certain works with other persons. These persons are responsible for non-fulfillment or improper fulfillment of their obligations directly to the customer, and the latter, in turn, is responsible for non-fulfillment or improper fulfillment of the contract to these persons. Thus, comparable to the figure of the general contractor on the opposite side of the contractual legal relationship is the figure of a single customer who performs the corresponding function on the basis of contracts that he concludes with contractors, designers, and investors. The services (directorates) of a single customer for the construction of residential buildings and facilities are widely known and operate everywhere. utilities etc.
Subject and essential terms of the agreement
The subject of a contract is the result of the contractor’s activities in manufacturing a thing, as well as its processing (improving the qualities or changing the consumer properties of an existing thing) or processing (creating a new thing as a result of destroying an existing thing) or performing other work on the instructions of the customer. Thus, the contract result can be:
A newly created item (for example, a tailored suit);
New or updated quality of an existing item (for example, a renovated apartment);
Another material result (for example, developed documentation).
The contractor's activities can be aimed at both the creation and destruction of a particular object (for example, dismantling a building).
In accordance with the law, the result of the work performed by the contractor must be capable of delivery, that is, transferred according to the acceptance certificate, including, in certain cases, by delivery. If this is the manufactured item, the contractor also transfers the rights to this item to the customer. Thus, the result of the work must be materialized and separated from the personality of the contractor. This differs from the provision of services that do not have material expression and are not capable of autonomous existence. The result of the provision of services is the action directly performed (for example, writing an article to order); while the contract result is always property or its property. One more distinctive feature of the contract is the possibility of guaranteeing the proper quality of the work performed, which is impossible in relation to the service provided, due to its immateriality. For example, renovation household appliances using defective parts will inevitably lead to defects that could otherwise be avoided. Providing the same teacher educational services does not guarantee that educational material will be successfully mastered by the student.
The subject is an essential condition of the contract, therefore, in its absence, the contract is considered not concluded.
Start and end dates of the Work
In addition to the subject matter, an essential condition of the contract is its term. The contract must indicate the start and end dates for the work. It may also provide deadlines for completing individual stages of work (interim deadlines). Intermediate deadlines are established, as a rule, if the contract involves a long period of performance. They are usually found in a construction contract, sometimes in a household contract. The initial, final and intermediate terms specified in the contract may be changed in cases and in the manner provided for by the contract. As a general rule, the contractor is liable for violation of both the initial and final, as well as intermediate deadlines for the completion of work.
Contract price
Price, as a general rule, is not an essential condition of the contract. The law establishes that instead of directly specifying the price, the contract may provide for ways to determine it, and in the absence of appropriate conditions, the execution of the contract must be paid at the price that is usually charged for similar work.
The contract price includes compensation for the costs incurred by the contractor in performing the work and the remuneration due to him. As a rule, it is expressed in a monetary amount, but may also consist of another counter-representation, for example, the transfer of property or the provision of a service.
Usually, if the volume of work performed is small, the parties determine their single (total) price. If the amount of work is significant or they are very diverse or complex, then the price is determined by drawing up an estimate. The estimate can be drawn up by either party - in this case it becomes part of the contract from the moment it is agreed upon. If the estimate is prepared by the contractor, as the party competent in the performance of the work, then it becomes valid from the moment it is approved by the customer.
The law establishes a presumption of a fixed price (estimate). In other words, the price (estimate) is considered fixed, unless the contract defines it as approximate. The price (estimate) is approximate, from the provisions of which deviations are possible during the execution of work. However, changing such a price (estimate) is possible only within certain limits agreed upon by the parties. A significant excess of the approximate price (estimate) is allowed only if the following conditions are simultaneously met:
· There is a need for additional work.
· Timely warning to the customer of such a need.
Thus, if a significant excess of the approximate price (estimate) is caused by other circumstances (for example, an increase in the cost of materials), the contractor does not have the right to go beyond the limits provided for by the approximate price (estimate). If the customer does not agree to exceed the price (estimate), then he has the right to refuse to fulfill the contract by notifying the contractor and paying him the price for the part of the work performed. A contractor who fails to promptly warn the customer about the need to exceed the price (estimate) is obliged to perform the work. At the same time, he retains the right to pay for the work at the price specified in the contract.
Deviations from the provisions of the fixed price (estimate) are not allowed . The contractor does not have the right to demand an increase in the fixed price (estimate), and the customer does not have the right to demand a decrease, even if at the time of concluding the contract it was impossible to provide for full volume work to be performed or expenses necessary for this. However, if there is a significant increase in the cost of materials and equipment provided by the contractor, as well as services provided to him by third parties that could not be foreseen at the conclusion of the contract, the contractor has the right to demand an increase in the fixed price (estimate). If the customer refuses to comply with this requirement, he has the right to terminate the contract in court. In this case, the court determines the consequences of termination of the contract, based on the need for a fair distribution between the parties of the costs incurred by them in connection with the execution of this contract.
The law provides for the possibility of changing the price (estimate), regardless of whether it is approximate or firm. Thus, in the event that the contractor’s actual expenses turned out to be less than those taken into account when determining the price of the work (estimate), the contractor retains the right to pay for the work at the price stipulated by the contract. However, if the customer proves that the contractor’s savings affected the quality of the work performed, he has the right to demand a reduction in the price (estimate). At the same time, the contract may provide for the distribution of savings received by the contractor between the parties. A downward revision of the price (estimate) is also possible if the contractor retains the customer's unused material, as well as if, due to the poor quality of the work performed, the customer demands a proportionate reduction in the price.
Contract form
Modern Russian legislation does not contain special rules on the form of the contract. As a rule, the contract is concluded in simple written form. If the work is performed in the presence of the customer, the transaction can be completed orally, with the issuance of a document confirming its completion (for example, a cash receipt).
Execution of the contract
The contractor is obliged to complete the work within the time period specified in the contract or performance rules individual species works The contract may provide for a period for completing the work, if it is not provided for by the specified rules, as well as a period of shorter duration than the period established by the rules.
If the work is carried out in parts, the contract may stipulate deadlines for completing individual stages of the work (interim deadlines).
By agreement of the parties, the work can be completed urgently. For urgent work, a price surcharge will be charged. In this case, the period is calculated from the moment (hour) agreed upon in the contract. If the contractor does not begin the work on time, or performs it so slowly that completing the work on time becomes clearly impossible, the customer has the right:
Perform the work at your own expense, that is, with your own materials, forces and means, unless otherwise provided by the contract.
The Contractor is responsible for the inadequate quality of the materials and equipment provided by him, as well as for the provision of materials and equipment encumbered by the rights of third parties.
If the customer’s material is used when performing the work, the contractor is obliged to use it economically and prudently, and after completion of the work, provide the customer with a report on the consumption of the material and return the remainder or, with the consent of the customer, include its cost in the contract price. In addition, he is obliged to take care of the safety of the material and equipment provided by the customer, as well as items transferred for processing or processing or other property that came into his possession in connection with the execution of the contract.
If the contractor uses materials and equipment of inadequate quality when performing work, the customer has the right to:
If significant or fatal deficiencies are discovered:
Refuse to fulfill the contract and demand a refund.
Require replacement
If common deficiencies are found:
Demand a proportionate reduction in the price of the work
Demand that defects be eliminated free of charge within a reasonable time
Demand reimbursement of costs for eliminating defects using your own funds or third parties, if the customer’s right to eliminate them is provided for in the contract
Perform work of adequate quality.
The quality of the work must comply with the terms of the contract (contractual quality), and in their absence or incompleteness - with the requirements usually applied to work of the corresponding type (ordinary quality). In this case, the result of the work performed must be suitable for the use established by the contract within a reasonable period, and if such use is not provided for by the contract, for the usual use of the result of work of this kind.
The law may provide for mandatory requirements for the quality of work (mandatory quality); in this case, the contractor is obliged to perform work that meets these requirements.
The contractor may accept the obligation to perform work that meets quality requirements higher than established by law mandatory requirements(increased quality).
It is necessary to distinguish between the quality of work performed under a contract and the quality of goods alienated under a sales contract. In the first case, any deviation from the contract is considered to be of poor quality, even if it does not prevent the use of the work result for its intended purpose in principle; it is enough that it is not suitable for a particular customer. In the second case, the lack of individual quality does not prevent the use of the product by buyers with similar requirements.
Guarantee
The law, contract or business customs may provide for a period during which the result of the work performed must meet the required, usual or contractual quality (warranty period). As a general rule, the warranty period begins to run from the moment the result of the work was accepted or should have been accepted by the customer. As a general rule, the warranty period does not expire if the customer:
a) was deprived of the opportunity to use the result of the work due to circumstances depending on the contractor;
b) did not use the result of the work due to shortcomings.
In the first case, it does not flow until the contractor eliminates the specified circumstances; in the second, it is extended for the period until the result of the work is used, subject to proper notification of the contractor about the shortcomings of the work.
There are general and special warranty periods. The general warranty period may be established by law or contract. A special warranty period is established only by contract. With a short guarantee, the customer can present claims to the contractor related to defects in the work result even after the warranty period has expired, but within two years.
As a general rule, unless otherwise provided by the contract, the quality guarantee applies to everything that constitutes the result of the work performed.
If during the execution of the work it becomes obvious that it will not be completed properly, the customer has the right to:
Set a reasonable deadline for correcting deficiencies.
In case of failure to comply with this requirement, the customer has the right:
Refuse to perform the contract and demand compensation for damages.
Have the work corrected by another person at the contractor's expense.
If the work was performed with deviations from the contract that worsened its result, or with other shortcomings that make it unsuitable for the use specified in the contract, and in the absence of a condition on unsuitability in the contract - for ordinary use, then if such shortcomings are discovered during acceptance of the result work or 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 work result, the customer has the right, unless otherwise provided by law or contract:
Demand that common defects be eliminated free of charge within a reasonable time.
Demand that the work be repeated free of charge and compensation for losses caused by the delay in the contract. In this case, the customer is obliged to return the work result previously transferred to him to the contractor, if possible.
Demand a proportionate reduction in the price set for the work.
Demand reimbursement of costs for eliminating defects using your own funds or third parties, if the customer’s right to eliminate them is provided for in the contract.
Refuse to perform the contract and demand compensation for damages if the defects were not eliminated within a reasonable period established by the customer or are significant and irreparable.
The provision of the contract to release the contractor from liability for certain defects does not relieve him of liability if it is proven that such defects arose as a result of the contractor’s guilty actions or inaction.
Notify the customer of the relevant circumstances:
Unsuitability or poor quality of the material, equipment, technical documentation provided by the customer or the item transferred for processing (processing).
Possible adverse consequences of the customer's instructions on the method of performing the work.
Other circumstances beyond the control of the contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
In this case, the contractor is obliged to suspend work until further instructions from the customer are received. Such instructions must be given within the period agreed upon by the parties to the contract, or within a reasonable time.
The contractor is also obliged to provide the customer with information regarding the use of the work result. This rule applies if the corresponding condition is provided for in 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.
If the contractor did not notify the customer about the listed circumstances or continued to perform the work despite the fact that the period for receiving the customer’s instructions had not expired, then he:
Deprived of the right to refer to these circumstances in the event of a dispute.
Duties and responsibilities of the customer
Responsibilities of the customer Responsibility of the customer for non-performance or improper performance of the contract
Provide materials, equipment, technical documentation, as well as things to be processed or processed and other property necessary to complete the work, if provided for by the contract, of proper quality and within the established time frame.
If the customer does not provide the property necessary to complete the work, the contractor has the right to:
Do not start work or suspend work started.
Refuse to perform the contract and demand compensation for damages.
Provide assistance to the contractor in performing the work in cases, to the extent and in the manner stipulated by the contract.
If the customer refuses to assist the contractor, the latter has the right:
Demand compensation for losses.
Request rescheduling of work.
Demand an increase in the price of the work.
If the customer, despite timely and reasonable warning from the contractor, within a reasonable time:
a) Will not replace unsuitable or substandard material, equipment, technical documentation, or items and other property transferred for processing or processing necessary to perform the work,
b) Will not change instructions on how to perform the work,
c) Will not take other necessary measures to eliminate circumstances that threaten the suitability of work,
then the contractor has the right:
Refuse to perform the contract and demand compensation for damages.
Accept the result of the work performed within the time frame and in the manner specified in the contract.
If the customer does not show up for the result of the work or refuses to accept it, then, as a general rule, the contractor has the right to:
Sell the result of the work, and deposit the proceeds minus the payments due for its implementation in the name of the customer. This right can be exercised by the contractor subject to twice warning the customer after the expiration of one month from the day on which the result must be accepted.
Inspect the result of the work performed with the participation of the contractor and if any defects are discovered that can be identified during the normal acceptance method (obvious defects) - immediately notify the contractor about this. Detected deficiencies must be documented in the acceptance certificate.
If, after acceptance of the work by the customer, defects were discovered that could not be identified using the usual method of acceptance (hidden defects), including those that were deliberately hidden by the contractor, the customer is obliged to notify the contractor about this within a reasonable time.
If a dispute arises between the customer and the contractor regarding shortcomings in the result of the work performed or their causes, an examination is appointed. An examination may be appointed at the request of either party.
As a general rule, the costs of the examination are borne by the contractor. However, if the examination establishes the absence of violations of the contract by the contractor or a causal connection between the actions of the contractor and the detected deficiencies, then the costs are borne by the party that requested the appointment of the examination, and if it was appointed by agreement of the parties, by both parties in equal shares.
If the customer did not check the quality of the result of the work performed upon acceptance, then, as a general rule, he:
Deprived of the right to refer to obvious deficiencies.
If the discovered obvious deficiencies in the result of the work performed were not specified in the acceptance certificate, then the customer:
It is deprived of the opportunity to present a demand to the contractor to eliminate them.
In this case, the customer is not deprived of the right to refer to hidden defects.
Pay for the result of the work.
As a general rule, payment is subject to final, proper and timely results achieved. Thus, the customer has the right not to accept or pay for poor-quality contract results until the contractor eliminates its deficiencies, performs the work again, or resolves issues of a proportionate reduction in the price set for the work, and, if there are sufficient grounds, to reimburse his expenses for eliminating the deficiencies or to refuse from the contract and compensation for damages.
The customer has the right not to accept and not pay for the contract result, the acceptance of which has lost interest for him due to the delay committed by the contractor.
The customer is obliged to pay for the contract result if he accepted it (signed the acceptance certificate). In case of failure to fulfill the obligation to pay the established price due to the contractor, the latter has the right:
Retain the result of the work, the remains of unused material, equipment, technical documentation and other property belonging to the customer and found by the contractor in connection with the execution of the contract.
The contractor retains the right to demand payment for the work performed, even if the result was not achieved or turned out to be defective. The contractor can exercise this right if he proves that the defects in the material provided to him by the customer could not have been discovered by him during normal acceptance, that is, they are hidden.
In cases where the performance of the work has become impossible due to the actions or omissions of the customer, the contractor retains the right to pay the price specified in the contract, taking into account the completed part of the work.
If the customer accepted the result of the work but did not pay for it, he is liable for unjust enrichment.
Termination of the contract
A work contract may be terminated before the contractor completes the work and accepts its result by the customer on the grounds provided for by law or contract. In this case, the customer has the right to demand the transfer of the result of unfinished work to him, and the contractor - compensation for costs incurred in connection with its implementation.
Statute of limitations
In accordance with the special rules on the limitation period established for a work contract, the customer’s claims in connection with deficiencies in the work performed under the contract may be presented to the contractor within one year. For buildings and structures, a general period of three years applies.
The peculiarity of calculating the statute of limitations for claims of inadequate quality of work is that even if the result of the work is accepted by the customer in parts, the period begins to run from the day the result of the work is accepted as a whole. In the event that a warranty period is established by law or contract, and a statement regarding defects in work was made within its limits, the limitation period begins from the date of such statement. Moreover, if a contract result for which a warranty period is established is delivered in parts, the limitation period begins to run from the day the defects are reported, and not from the day the result is accepted as a whole.
Other requirements of the customer to the contractor that are not related to issues of quality of work, as well as the requirements of the contractor to the customer, are subject to the general rules on the statute of limitations, since the law does not provide otherwise.
Risks
Risk of accidental loss of property
As a general rule, the risk of accidental loss or damage to materials, equipment, as well as things transferred for processing or processing, and other property used in connection with the execution of a work contract, is borne by the party that provided them. Thus, the party exempted by law or contract from this risk is not responsible for accidental loss or damage to property. Since the work, as a rule, is carried out at the contractor’s expense, that is, from his materials and with his funds, it is he, as their owner, who is in most cases exposed to this risk. When providing materials and equipment by the customer, as well as when transferring their item to them for processing or processing, the specified risk will be borne by the customer.
Unless otherwise provided by law or contract, the contractor bears the risk of accidental loss or damage to the result of the work performed before its acceptance. This means the loss of the right to payment for the work performed, as well as the emergence of an obligation to return to the customer the amount of the prepayment received. Thus, all the contractor’s expenses incurred in fulfillment of the contract turn into losses that are not subject to compensation. However, if by virtue of law or contract these risks are assigned to the customer, the latter is obliged to pay the cost of the work performed by the contractor without the right to demand from him a counter-representation in the form of delivery of the contract result.
If there is a delay in the transfer or acceptance of the result of the work performed, the risk of accidental loss or damage to property falls on the party that committed the delay. Thus, as a general rule, the specified risk remains with the contractor in the event of a delay in delivery of the result, and in the event of the customer evading acceptance of the work performed, it passes to the customer at the time when the delivery of the work should have taken place. And vice versa, if according to the contract this risk lies with the customer, it remains with him in the event of a delay in his acceptance of the result, but passes to the contractor in the event of his failure to comply with the delivery deadlines for the work performed.
Risk of not being able to complete the job
The risk of accidental loss or damage to property must be distinguished from the risk of accidental failure to complete the work, which rests solely with the contractor. This risk means that if the result of the work is not achieved, the contractor is not entitled to compensation for the costs incurred. It cannot be changed by law or contract. In contrast, the risk of accidental loss or damage to property can be redistributed. At the same time, accidental death or damage to property may be one of the reasons for the impossibility of completing work, but is not the only such reason.
Risk of increased cost of work
The risk of an increase in the price of the work performed lies with the customer in the following cases:
If he was promptly warned by the contractor about the need for additional work.
If there is a significant increase in the cost of materials and equipment provided by the contractor, and services provided to him by third parties that could not be foreseen at the conclusion of the contract
In other cases, such risk lies with the guilty party
Risk redistribution
Since the law allows this, the parties have the right to redistribute the risks of accidental loss or damage to property among themselves, either in whole or in part. Partial redistribution means the transfer of individual risks in relation to the same property, as well as the imposition of the adverse consequences of accidental loss or damage to property on both parties to the contract. For example, the contract may provide that incidental losses arising from force majeure are divided equally between the contractor and the customer, or that in the event of theft the contractor is responsible, and in some other cases - the customer, etc.
Integrated development project management agreement
[Full name of the artist], represented by [ position, full name], hereinafter referred to as " Management company", on the one hand, and
[full name of the customer], represented by [ position, full name], acting on the basis of [ Charter, Regulations, Power of Attorney], hereinafter referred to as the “Customer”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:
1. Subject of the agreement
1.1. Under this agreement, the Management Company provides the Customer with a range of services in the field of management of investment development projects, construction and reconstruction projects, commercial and residential real estate, integrated development projects of territories (functions of the management company - Customer-Developer, functions of the Technical Customer, functions of project support at all stages of implementation ), and the Customer undertakes to pay for these services.
1.2. Management company services include:
Analysis of the real estate market and formation of a project strategy;
Investment analysis;
Registration of initial permitting documentation;
Organization of attraction of credit and investment funds;
Formation of an architectural and engineering group;
Involvement of a broker for consulting and sale of project areas;
Organization and management of pre-project and project preparation;
Conducting a tender for construction work and supply of engineering equipment, construction management and technical support;
Commissioning of the facility and monitoring the operation of the building and the operation of engineering systems;
Repurposing, upgrading, reconstruction of real estate;
Organization of construction "for a tenant", including finishing;
Consulting, project monitoring for banks and investors;
Project cost optimization;
Survey, analysis, examination and economic justification of investment projects, preparation of the “Project Passport”.
2. Cost of work
2.1. The cost of work under this contract is [fill in what is required].
2.2. Payment is made [ describe the payment procedure - one-time payment, monthly payments, etc.].
3. Obligations of the Parties
The management company assumes the following obligations:
3.1. Project organization:
General coordination;
Contract management;
Information exchange management;
Project implementation plan;
Consulting the customer on business processes.
3.2. Cost control:
Budget preparation;
Cost management at the design stage;
Regular cost analysis;
Regular forecast and cost planning;
Cash flow planning.
3.3. Time control:
Development of a detailed project implementation schedule;
Development of a detailed construction schedule;
Schedule management;
Monitoring the progress of work for compliance with the construction schedule.
3.4. Quality control:
Analysis of design documentation;
Determination of quality requirements and standards;
Quality control during the construction process.
3.5. The customer undertakes:
3.5.1. Provide the Management Company with all the necessary information to fulfill its obligations under this agreement.
3.5.2. Pay for the services of the Management Company in the manner and within the terms established by this agreement.
4. Responsibility of the Parties
4.1. The management company is responsible for losses caused to the Customer during and as a result of the execution of this agreement.
4.2. In case of delay in payment of the cost of services, the Customer pays the Management Company a penalty in the amount of [enter the required]% of the debt amount for each day of delay.
5. Final provisions
5.1. This agreement comes into force from the moment of its conclusion and is valid until [fill in the required].
5.2. The customer has the right to refuse to fulfill this agreement, subject to payment to the Management Organization of the expenses actually incurred by him at the time of termination of the agreement.
5.3. Managing organization has the right to refuse to fulfill obligations under this agreement only subject to full compensation for losses to the Customer.
5.4. This agreement has been drawn up in two copies, each having the same legal force, - one for each of the Parties.
5.5. In everything that is not provided for in this agreement, the Parties are guided by current legislation.
MANAGEMENT AGREEMENT
project (in construction)
G. _______________
"___"___________ ____ G.
_______________ "Management Company", hereinafter referred to as the "Manager", represented by ____________________, acting___ on the basis of ____________________ dated _____________, and ______________ "_______________" represented by _________________, acting___ on the basis of ____________________, hereinafter referred to as the "Customer", have entered into this Agreement regarding the following :
1. SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the implementation by the Manager of work on proper control and organization of work on the construction project of an object with address reference points _________________________, in accordance with the design and estimate documentation ___________________________, as well as approved estimates and working drawings, which are an integral part of this Agreement.
1.2. The work must be performed in accordance with the work schedule, which is an integral part of this Agreement.
1.3. To perform the work specified in paragraphs of this Agreement, the Customer undertakes to transfer to the Manager in in the prescribed manner design and estimate documentation within _____ days from the date of signing this Agreement.
1.4. All work stipulated by this Agreement must be completed by "___"___________ ____ (in the absence of a written bilateral additional agreement to postpone the delivery date of the construction project) and handed over to the Customer according to the certificate of acceptance of the object for operation (Appendix No. ___ to this Agreement) after completion of the work .
2. BASIC FUNCTIONS OF A MANAGER
2.1. Manager at the project stage:
Develops a business plan and feasibility study;
Selects a site for construction;
Obtains all necessary permits, warrants and approvals;
Pre-selects contractors, manufacturers and equipment suppliers.
2.2. Manager at the project implementation stage:
Organizes preparation of the construction site;
Develops and approves design and estimate documentation;
Ensures the supply of material and other resources stipulated by the contract;
Controls the quality of work;
Accepts completed work;
Pays for work and services on time;
Puts the facility into operation.
2.3. Manager at the project implementation stage:
Controls the quality of work during the warranty period;
Ensures that identified deficiencies are eliminated and consumer complaints are resolved.
3. OBLIGATIONS OF THE PARTIES
3.1. The manager undertakes:
3.1.1. Proceed with the implementation of this Agreement no later than _____ (______________) calendar (working) days from the date of its signing.
3.1.2. Ensure proper technical condition of the construction site.
3.1.3. Carry out its functions (Section 2 of this Agreement) and special duties (Section 4 of this Agreement).
3.1.4. Promptly notify the Customer about changes in tariffs.
3.1.5. Make proposals to pay construction costs.
3.1.6. _____ (_________________) calendar (working) days before the expiration of this Agreement, submit a report to the Customer on the fulfillment of the terms of this Agreement (Appendix No. ___ to this Agreement).
3.1.7. _____ (______________) calendar (working) days before the termination of this Agreement, transfer the technical documentation for construction.
3.2. The manager has the right:
3.2.1. Carry out inspections of the technical condition of the construction site.
3.2.2. Exercise other rights provided for by the current legislation of the Russian Federation and the terms of this Agreement.
3.3. The customer undertakes:
3.3.1. Bear the costs of construction of the construction project.
3.3.2. The documentation transferred by the Customer must be drawn up in accordance with the requirements of building codes and regulations.
3.3.3. If the Customer makes changes to the working documentation submitted to the Manager, he is obliged no later than _____ (___________) calendar (working) days before the start of work on the amended documentation to transfer it to the Manager. Changes are formalized by an additional agreement.
3.4. The customer has the right:
3.4.1. Monitor the Manager’s fulfillment of his obligations under the Management Agreement.
3.4.2. If the Customer discovers poorly performed work, the Manager, on his own and without increasing the cost, is obliged to redo this work within the agreed period to ensure its proper quality. If the Manager fails to fulfill this obligation, the Customer has the right to engage another organization to correct poorly performed work and pay the costs at the expense of the Manager.
4. SPECIAL RESPONSIBILITIES OF THE MANAGER
4.1. At the pre-construction stage, the manager undertakes to:
Select a construction site and obtain approval for its use for the construction of the facility in the prescribed manner;
Execute preparatory work, obtain in the prescribed manner the necessary approvals and permits for the use of the land plot for construction needs;
Organize a study of the construction site to confirm the absence of factors hazardous to human health;
Obtain, in accordance with the established procedure, a construction permit and warrants for carrying out certain works;
Get approval and technical specifications to connect the facility to existing networks;
Obtain from the administration of the locality (district) confirmation of the validity of all issued technical conditions for electricity supply, water supply, sewerage discharges, heating, radio installation, telephone installation, etc.;
Carry out preparatory work, obtain from the relevant authorities the necessary approvals, permits and technical conditions for carrying out surveys, design and construction;
Publish notices of open competitions (auctions), send out invitations to participate in closed competitions, organize the distribution of competition documentation, accept applications from participants, their consideration, evaluation and selection of winners, carry out non-competitive procedures for placing orders;
Determine the items (lots) of the competition (auction), draw up plans for conducting competitions for placing orders for the supply of goods, performance of work, provision of services for construction, reconstruction, bear all costs of organizing and conducting competitions at all its phases, draw up an order for a legal entity in a contract to performance by him of part of the functions of organizing and conducting competitions in the event that these functions are not performed by the customer - the organizer of the competition;
Organize an examination of the developed design and estimate documentation, including an environmental assessment, and its approval in the prescribed manner;
Obtain permission to carry out construction and installation work (if necessary, repair work);
Coordinate architectural and planning decisions with the town planning council of the locality (region);
Determine equipment suppliers in the prescribed manner, building materials and other components, the supply of which under the contract is entrusted to the developer;
Identify insurance companies and agree on the terms and conditions of insurance for construction risks.
4.2. The manager in the area of preparation and use of the construction site undertakes to (select the one required):
Prepare documents for land allocation;
Appoint a person responsible for the construction site, or transfer this responsibility to a construction or other organization;
Obtain permission from the relevant operating authorities to use existing communications, sources of gas, water, steam and energy supplies for the period of construction and installation work;
Draw up documents for cutting down and replanting trees, fruit and berry plantings, demolition of buildings, clearing the territory of objects interfering with construction;
Determine the volumes and places of removal and delivery of soil and fertile soil layer;
Create a geodetic alignment basis for construction;
Perform layout of axes and routes of buildings and structures;
Conduct negotiations with owners of houses, buildings and agricultural land subject to demolition;
Ensure the resettlement of citizens from buildings subject to demolition;
Calculate the residual value of demolished buildings and structures and forest plantations subject to felling or obtain a certificate of the residual value of demolished structures from their owners;
Obtain permission to carry out work in the area of overhead power lines in the right of way of railways and highways, underground communications and engineering structures;
Ensure the sale of returnable materials from the dismantling of demolished buildings (structures), as well as materials obtained from associated mining and cutting of plantings;
Organize control over deformations and condition of buildings and structures in the zone of influence of construction.
4.3. In the field of control and supervision of construction progress, the Manager undertakes (select the one you need):
Approve a list of persons who, on his behalf or on behalf of the Customer, are authorized to carry out construction control over construction and installation (repair) work and check the quality of materials, structures and equipment used, accept hidden and completed work and give instructions to terminate or temporarily suspend work;
Register with state regulatory authorities officials responsible for carrying out high-risk work and compliance with special requirements of supervised services;
Obtain permission to carry out construction and installation work;
Transfer documents on land allocation, necessary approvals and permits to contractors;
Carry out in situ the boundaries of the site, red lines and other development control lines, elevations, axes of buildings and structures, utility routes, as well as construction site boundaries;
Create and transmit construction organization geodetic alignment base;
Accept for balance or responsible storage of buildings and structures, incl. temporary, built on a construction site after its transfer for construction of the facility;
Inform contractors of the established storage and removal locations for soil, garbage, materials from dismantling, cutting of plantings that are not suitable for recycling, quarries for the delivery of missing soil, connection points and transfer permissions for connection to existing power supply, water supply, sewerage, etc. networks;
Submit approved and expertly reviewed design and estimate documentation to the contractors for the execution of the work in accordance with the current legislation of the Russian Federation, in the quantity necessary for the work to be performed by the contractors and involved organizations;
Approve work schedules;
Coordinate with contractors the list of materials planned by suppliers and attracted third party organizations to perform certain types of work and install equipment;
Check availability necessary licenses and certificates from work performers and material suppliers;
Carry out acceptance, accounting, storage, pre-installation inspection and transfer for installation or production of equipment, components and other material and technical resources, the supply of which under the contract is entrusted to the Customer;
Establish a procedure for maintaining executive and production documentation not directly provided for regulatory documents, and report this to contractors;
Provide instructions to contractors on the specific composition of the acceptance and delivery documentation required for acceptance of the facility into operation;
Coordinate with the relevant organizations the procedure for installation, testing and registration of technological lifting mechanisms and equipment operating under high pressure;
Carry out construction control over construction, compliance of the volume, cost and quality of work with projects, estimated calculations and contract prices, building codes and regulations for the production and acceptance of this work;
Monitor the implementation of the work schedule;
Accept completed work from contractors in accordance with the terms of the contract;
Conduct inspection of hidden work and intermediate acceptance of critical structures;
If necessary, organize the introduction of changes to the design and estimate documentation, its re-approval and change the deadlines for completion of certain types of work or stages of construction;
In agreement with the Customer, make a decision on the temporary cessation of construction and conservation of the facility, approve estimates for conservation work and monitor their quality implementation;
Accept mothballed objects from the contractor and organize the protection of material assets;
If deviations from the project are detected, the use of materials and work performed, the quality of which does not meet the requirements of technical specifications, GOST and SNiP, give an order to suspend work and correct the detected defects and impose sanctions on the guilty party as provided for in the contract;
Organize the acceptance and commissioning of a completed facility;
Conclude contracts and organize installation supervision and commissioning works;
Submit documents necessary for acceptance of the facility into operation;
After acceptance of the object into operation, transfer the object to the Customer (user) and necessary documentation, including warranty obligations, as well as technical information (in accordance with the Law “On Protection of Consumer Rights”);
Carry out the necessary preparations for the release of products, staff the facility with personnel, raw materials, materials, energy resources, etc.;
Prepare, together with contractors, proposals and calculations for bonuses for commissioning production capacity and other construction projects;
Accept quality claims from consumers (users) and make claims against performers (suppliers) in accordance with the current legislation of the Russian Federation and warranty obligations under concluded contracts.
4.4. In the field of financing, accounting, reporting and auditing, the Manager undertakes (select the one you need):
Establish, in agreement with contractors, the terms of interim payments and final payment for work performed and services rendered;
Transfer the advance payment stipulated by the Agreement to suppliers (work performers);
Compensate contractors or subcontractors for losses incurred and documented as a result of the developer’s violation of the terms of the contract;
Provide, at the request of the customer, information on the progress of construction and the expenditure of financial and other material resources;
Submit state statistical reporting established by law to the relevant authorities;
When financing the construction of an object from several sources and (or) investors, organize the receipt of equity contributions from each investor and the submission of relevant reports to them;
Conduct cost analysis for individual expense items and types of work and services and take measures to effective use resources allocated by the investor, ensure control over the expenditure cash and write-off of material resources;
Provide explanations on technical and financial matters state regulatory authorities;
Organize a construction audit;
Participate in the inspection of objects, buildings and structures subject to conservation, and in the preparation of documents for conservation or temporary cessation of construction, as well as in assessing their technical condition when work is resumed;
Participate in the implementation of unfinished construction projects;
Participate in inspections conducted by state supervision and construction control bodies, as well as departmental inspections and commissions;
Notify state construction control authorities about identified cases of emergency conditions at the construction site;
Monitor the compliance by contractors with the instructions of state supervisory authorities and designer’s supervision, the requirements of installation supervision organizations in terms of safe methods conduct of construction, quality of work and materials and building structures used;
Submit materials based on the results to the relevant government bodies economic activity, other reporting data and necessary information on the results of production and financial activities for the reporting period and pay taxes and payments on time.
4.5. The list of functions of the Manager, contained at the expense of the funds provided for in Chapter 10 “Content of the Directorate (Technical Supervision) of the Enterprise under Construction” of the consolidated estimate of the cost of construction, is specified by agreements between the developer, the customer and the contractor.
5. RIGHTS OF THE MANAGER
5.1. Act on behalf of the Customer when considering issues of project implementation in government agencies, regulatory and supervisory services, and commercial organizations.
5.2. Engage on contractual or other terms legal and individuals as expert consultants and performers of tasks, the implementation of which is entrusted by the Customer to the service of the developer.
5.3. Conduct, on a competitive basis, the selection of performers and enter into contracts for the development of design estimates, survey work, supply of equipment and materials, performance of construction, installation and other works and services for the implementation of the project, monitor the progress and quality of the work they perform.
5.4. Own and manage financial and other resources, property and material assets allocated by the Customer for the construction of the facility for their intended purpose.
5.5. Approve working documentation and estimates for the execution of work.
5.6. Draw up individual estimate standards and unit prices based on cost calculations and approve them as part of the design and estimate documentation for a specific facility in accordance with Methodical instructions on the development of unit prices for construction, installation, special construction and repair and construction work, approved by Resolution of the State Construction Committee of Russia dated April 26, 1999 N 30, after receiving a positive conclusion from the state examination.
5.7. Act as a plaintiff and defendant when conducting cases in courts, state arbitration bodies and supervisory authorities.
5.8. Contact state supervisory authorities to obtain opinions on the compliance of the object presented for acceptance with current norms and rules.
5.9. Monitor the quality of building materials, structures and equipment used in construction when performing work and providing services, the timing of their delivery and performance of work and services, proper execution of working and as-built documentation.
5.10. Make a decision on compliance with the requirements of the work performed, structures and systems, and the facility as a whole.
5.11. Accept and put the facility into operation.
5.12. Determine the operation mode of the facility during the period of trial operation, start-up and warranty period.
5.13. Supervise the operation of the facility during the start-up period and during the warranty period of operation.
5.14. Transfer the completed construction facility to operating organizations in accordance with the established procedure.
5.15. In agreement with the Customer, make a decision on the suspension or termination of construction and conservation of the facility.
5.16. Terminate early the fulfillment of contractual obligations with the Customer and the contractor if they repeatedly violate their contractual obligations.
6. COST OF MANAGEMENT SERVICES
6.1. The price of the Agreement is ________ (__________) rubles and is paid to the Manager in the following order: _____________________________.
6.2. The cost of work specified in clause 6.1 of this Agreement is a firm contractual one and is not subject to change, except in cases where it is identified that it is necessary to perform additional volumes of work not taken into account by the project, agreed upon with the main manager of funds.
7. RESPONSIBILITY FOR CHANGING THE AGREEMENT AND RESOLVING DISPUTES
7.1. The parties to this Agreement bear responsibility in accordance with the current legislation of the Russian Federation.
7.2. The Manager bears material or other liability to the Customer provided for by current legislation or contract for:
Timely, targeted and justified use of financial and other material resources and property;
Compliance with the quality of work performed and the timing of commissioning of the construction project;
Fulfillment of obligations under contracts with other participants in construction, reconstruction ( overhaul) object;
Execution of the cost estimate for the operation of the Customer approved by the investor;
Ensuring a regime of secrecy (confidentiality) and implementing the necessary measures to protect commercial and official information from disclosure.
8. AMENDMENT OF THE AGREEMENT AND DISPUTE RESOLUTION
8.1. This Agreement may be amended by agreement of the Parties or by a court decision in cases established by law.
8.2. All disputes related to the conclusion, interpretation, execution and termination of this Agreement will be resolved by the Parties through negotiations.
8.3. If an agreement is not reached during the negotiations specified in clause 8.2 of this Agreement, the interested Party shall submit a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure recording of its sending (by registered mail, telegraph, etc.) and receipt, or handed over to the other Party against receipt.
8.4. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. Specified documents submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered unsubmitted and is not subject to consideration.
8.5. The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party in writing about the results within ___ (_____) calendar (working) days from the date of receipt of the claim.
8.6. In the event of failure to resolve disagreements through the claim procedure, as well as in the event of failure to receive a response to the claim within the period specified in clause 8.5 of this Agreement, the dispute is referred to the arbitration court at the location of the defendant in accordance with the current legislation of the Russian Federation.
9. CONDITIONS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1. The contract may be terminated:
Unilaterally at the initiative of the Customer in the event of failure by the Manager to comply with his obligations with mandatory notification of this no later than _____ months;
Unilaterally at the initiative of the Manager with mandatory notification of this no later than _____ months;
By agreement of the Parties;
In case of liquidation of the Manager, if his successor has not been determined.
9.2. After termination of the Agreement, accounting, settlement, technical documentation, and material assets are transferred to the Customer.
10. TERM OF THE AGREEMENT
10.1. The Agreement comes into force from the moment it is signed by the Parties.
10.2. The contract is concluded for a period of _____ (__________) years.
10.3. The Agreement may be terminated in the manner established in Section 8 of this Agreement.
10.4. In the absence of an application from one of the Parties to terminate the Agreement at the end of its validity period, the Agreement is considered extended for the same period and on the same conditions as provided for in the Agreement.
11. DETAILS OF THE PARTIES
Manager: _____________________________________________________
Customer: ________________________________________________________________
_________________________________________________________________
_______________ "___"___________ ____ g.____________________ "Management Company", hereinafter referred to as the "Manager", represented by ____________________, acting___ on the basis of ____________________ dated _______________, and ____________________ "_______________" represented by ____________________, acting___ on the basis of ____________________, hereinafter referred to as the "Customer", have entered into this Agreement regarding the following :
1. SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the implementation by the Manager of work on proper control and organization of the construction project of an object with address reference points _________________________, in accordance with the design and estimate documentation ___________________________, as well as approved estimates and working drawings, which are an integral part of this Agreement.
1.2. The work must be performed in accordance with the work schedule, which is an integral part of this Agreement.
1.3. To carry out the work specified in paragraphs of this Agreement, the Customer undertakes to submit design and estimate documentation to the Manager in the prescribed manner within _____ days from the date of signing this Agreement.
1.4. All work stipulated by this Agreement must be completed by "___"___________ ____ (in the absence of a written bilateral additional agreement to postpone the delivery date of the construction project) and handed over to the Customer according to the certificate of acceptance of the facility into operation after completion of the work.
2. OBLIGATIONS OF THE PARTIES
2.1. The manager undertakes:
2.1.1. Proceed with the implementation of this Agreement no later than _____ days from the date of its signing.
2.1.2. Ensure proper technical condition of the construction site.
2.1.3. Carry out the functions of managing and organizing the financing of construction costs.
2.1.4. Promptly notify the Customer about changes in tariffs.
2.1.5. Make proposals to pay construction costs.
2.1.6. _____ days before the expiration of this Agreement, submit a report to the Customer on the fulfillment of the terms of this Agreement.
2.1.7. _____ days before the termination of this Agreement, submit technical documentation for construction.
2.2. The manager has the right:
2.2.1. Carry out inspections of the technical condition of the construction site.
2.2.2. Exercise other rights provided for by the current legislation of the Russian Federation.
2.3. The customer undertakes:
2.3.1. Bear the costs of construction of the construction project.
2.3.2. The documentation transferred by the Customer must be drawn up in accordance with the requirements of building codes and regulations.
2.3.3. If the Customer makes changes to the working documentation submitted to the Manager, he is obliged no later than _____ days before the start of work on the amended documentation to transfer it to the Manager. Changes are formalized by an additional agreement.
2.4. The customer has the right:
2.4.1. Monitor the Manager’s fulfillment of his obligations under the Management Agreement.
2.4.2. If the Customer discovers poorly performed work, the Manager, on his own and without increasing the cost, is obliged to redo this work within the agreed period to ensure its proper quality. If the Manager fails to fulfill this obligation, the Customer has the right to engage another organization to correct poorly performed work and pay the costs at the expense of the Manager.
3. COST OF MANAGEMENT SERVICES
3.1. The price of the Agreement is __________ rub. and is paid to the Manager in the following order: _________________________________.
3.2. The cost of work indicated in clause 3.1 is a firm contractual one and is not subject to change, except in cases where it is identified that it is necessary to perform additional volumes of work not taken into account by the project, agreed upon with the main manager of funds.
4. RESPONSIBILITY. AMENDMENT OF THE AGREEMENT AND RESOLUTION OF DISPUTES
4.1. The parties to this Agreement bear responsibility in accordance with the current legislation of the Russian Federation.
4.2. This Agreement may be amended by agreement of the parties or by a court decision in cases established by law.
5. CONDITIONS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
5.1. The contract may be terminated:
Unilaterally at the initiative of the Customer in the event of failure by the Manager to comply with his obligations with mandatory notification of this no later than _____ months;
Unilaterally at the initiative of the Manager with mandatory notification of this no later than _____ months;
By agreement of the parties;
In case of liquidation of the Manager, if his successor has not been determined.
5.2. After termination of the Agreement, accounting, settlement, technical documentation, and material assets are transferred to the Customer.
6. TERM OF THE AGREEMENT
6.1. The agreement comes into force from the moment it is signed by the parties.
6.2. The contract is concluded for a period of _____ (__________) years.
6.3. The Agreement may be terminated in the manner established in Section 5 of this Agreement.
6.4. In the absence of an application from one of the parties to terminate the Agreement at the end of its validity period, the Agreement is considered extended for the same period and on the same conditions as provided for in the Agreement.
7. DETAILS OF THE PARTIES
Manager _____________________________________________________
Customer ________________________________________________________________
________________________________________________________________
CONTRACT
for the implementation of an investment project
for complex reconstruction and construction
object of JSC "Mosdachtrest"
Moscow "___"________ 199__
JSC "Mosdachtrest", hereinafter referred to as the "Customer", represented by general director G.F. Nikonov, acting on the basis of the Charter, on the one hand, and __________________________________________, hereinafter referred to as the “Investor”, represented by ___________________________, acting on the basis of ___________________________________________, on the other hand, have entered into this contract as follows:
1. GROUNDS FOR CONCLUSION OF THE CONTRACT
1.1. The grounds for concluding this contract are:
1.1.1. Decree of the Moscow Government dated May 16, 1995 N 413 “On the development of the dacha economy of Mosdachtrest OJSC.”
1.1.2. Agreement with local administration.
1.1.3. Development concept of Mosdachtrest JSC.
2. SUBJECT OF THE CONTRACT
2.1. The subject of this contract is the implementation of an investment project at the Customer’s site at the address: _____________, with the expected volume of investments in order to implement the program for the expanded reproduction of the dacha stock.
2.2. As part of the implementation of the investment project, the Investor undertakes, at his own expense, to carry out design, construction, installation and commissioning work at the Customer’s site.
Commissioning date ________________________________________.
2.3. The actual volumes of this investment project in monetary and physical terms are clarified by the developed project documentation (Appendix 1).
3. TERMS AND THEIR INTERPRETATION
3.1. Investment project (project) - a set of organizational and technical measures for the implementation of investments in residential and non-residential facilities, engineering structures etc. in the form of design, construction (repair) and commissioning work.
3.2. Investment objects (objects) - real estate objects: residential and non-residential buildings, transport and utility networks.
3.3. Site - a plot of land with an investment object (objects) located on it, necessary for carrying out repair and construction work.
4. OBLIGATIONS OF THE PARTIES
4.1. The customer undertakes:
4.1.1. Provide the site required for repair and construction work within the timeframe agreed by the Parties.
4.1.2. Ensure coordination of all necessary issues with the relevant local administration authorities.
4.1.3. Upon fulfillment of the Investor's obligations under the contract, ensure that the Parties' ownership rights to the object are formalized in accordance with the established procedure within a period of no more than 3 months from the date of delivery of the object with the issuance of the appropriate certificate.
4.2. The investor undertakes:
4.2.1. Ensure full financing of projects at your own expense.
4.2.2. Develop and coordinate with the Customer the entire package of design and estimate documentation for the specified facility.
4.2.3. Carry out the entire range of construction works, as well as commissioning, design and survey work in full.
4.2.4. Regularly (monthly) provide the Customer with a report on the scope of design, construction and installation work.
4.2.5. Ensure that the facility is put into operation within the time limits established by the contract and with quality in accordance with current building codes.
5. TIMELINE AND CONTENT OF PROJECT IMPLEMENTATION STAGES
5.1. First stage.
Development of a development project;
Registration of land and conciliation documentation;
Development and approval of feasibility study.
The beginning of the stage is the day the contract is signed.
The end of the stage is the approval of the feasibility study in accordance with the established procedure.
The duration of the stage is no more than _______________ months from the date of signing this contract.
The feasibility study is an integral part of this contract from the moment of approval.
5.2. Second stage.
Carrying out the full scope of design, construction, installation and commissioning work on the facility.
The beginning of the stage is the day of approval of the feasibility study.
The end of the stage is the day of approval of the act of acceptance of the facility into operation.
The end date of the stage is determined calendar plan design work and a construction organization project developed in accordance with construction duration standards.
5.3. Third stage.
Completion of settlements and settlement of claims;
Registration of ownership rights to the object.
The beginning of the stage is the day of approval of the act of acceptance of the facility into operation.
The validity period of the stage is 3 months.
5.4. Changes in deadlines are possible only by agreement of the Parties.
6. PROPERTY RIGHTS OF THE PARTIES
6.1. From the moment the Parties fully fulfill their obligations under this contract, the object is the shared property of the Parties.
6.2. After the Parties fulfill their obligations under the contract, the shared ownership is divided in kind, according to which the Investor is given ownership of ___% (total ______ sq. m), to the Customer - _____% (total _______ sq. m).
6.3. The Investor's rights to the land plot are determined in accordance with current legislation.
6.4. Registration of the property rights of the Parties to the investment object is carried out in the prescribed manner after its commissioning and fulfillment of obligations under the contract.
6.5. In the event that, during the implementation of the project, the Investor, through modern design and technological solutions, ensures the yield of usable space for the facility in an amount greater than that assumed under the contract, the additional area will be distributed as follows:
Investor _______% (total __________ sq. m)
To the customer _______% (total __________ sq. m)
7. WARRANTY
At the contract preparation stage, the Investor provides the Customer with bank recommendations or other bank documents confirming the financial solvency of the Investor.
8. ASSIGNMENT OF RIGHTS UNDER THE CONTRACT
The investor has the right, in agreement with the Customer, to assign his rights under the contract to a third party in whole or in part, provided that the latter accepts all of his obligations without increasing the construction period. Such assignment is formalized by an additional agreement of the Parties, which is an integral part of the contract.
9. PROPERTY LIABILITY
9.1. In case of non-fulfillment or improper fulfillment of obligations assumed under this contract, the Parties shall be liable in accordance with current legislation.
9.2. In case of failure to comply with the deadlines for the completion of the second stage of work, the Customer has the right to reduce the share of the total area due to the Investor by 3% for each month of delay.
10. DURATION OF THE CONTRACT
The contract comes into force from the moment of signing and is valid for the entire period of fulfillment by the Parties of the obligations stipulated by the contract.
11. CHANGE AND TERMINATION OF THE CONTRACT
11.1. The Contract may be amended by agreement of the Parties. All changes and additions are made in writing and are an integral part of this contract.
11.2. The contract ends:
By agreement of the Parties;
Upon fulfillment by the Parties of all obligations under the contract, completion of calculations and signing of an act on the results of the project.
11.3. The Customer has the right to demand unilateral termination of the contract if the Investor fails to comply with the deadlines for completing the stages.
In this case, the Customer has the right to transfer the rights to implement the project to a third party without reimbursing the Investor for the costs incurred.
11.4. The investor has the right to demand unilateral termination of the contract if the customer does not ensure fulfillment of obligations in accordance with clause 4.1 of the contract.
12. FORCE MAJEURE
12.1. Onset of circumstances force majeure(force majeure), such as natural disasters, epidemics, floods, and other events beyond the reasonable control of the Parties, releases the Parties from liability for failure to fulfill or untimely fulfillment of obligations under the contract.
If a Party whose fulfillment of obligations is prevented by force majeure circumstances does not notify the other Party of the occurrence of such circumstances within 10 days, such Party loses the right to refer to these circumstances as force majeure.
12.2. If force majeure obligations last more than 6 months, the Investor has the right to refuse to continue the contract without paying fines and/or penalties, taking all possible measures to carry out mutual settlements and reduce the damage incurred by the other Party.
12.3. The burden of proving force majeure circumstances lies with the Party that failed to fulfill its obligations.
13. DISPUTE RESOLUTION
The parties will make every effort to resolve any disagreements and disputes arising related to the execution of this contract. If disagreements and disputes cannot be resolved by the Parties within one month through bilateral negotiations, each Party reserves the right to appeal to an arbitration court.
Disputes under this contract are subject to arbitration.
14. FINAL PROVISIONS
14.1. Any information about the financial situation of the Parties and the terms of the agreement with third parties involved in the project will be considered confidential and not subject to disclosure.
Other confidentiality conditions may be established at the request of the Parties.
14.2. Simultaneously with the signing of the contract, the Parties appoint their representatives under the contract, defining their competence, and notify each other about this.
14.3. The Parties are obliged to immediately notify each other of any changes in payment and postal details. Actions performed at old addresses and accounts, completed before receipt of notifications of their change, are counted towards the fulfillment of obligations.
14.4. The Contract is drawn up in two copies, one for each Party. All copies have equal legal force.
15. ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer: ________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
Investor: ________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
Signatures of the parties:
Customer: ________________ Investor: _________________