Contract for project management. Sample form of an agreement for the integrated management of a development project (prepared by experts from the Garant company)

21.09.2019

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 for this investment project in monetary and physical terms are clarified by the project documentation being developed (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 upon 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 registration in in the prescribed manner ownership rights of the Parties for the object 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. At your own expense, provide financing for projects in in full.

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 volume 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 Parties' property rights 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 useful 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 a concession 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: _________________

PROJECT MANAGEMENT AGREEMENT (in construction)

_______________ "___"___________ ____ g.

____________________ "Management company", hereinafter referred to as "Manager", represented by ____________________, acting___ on the basis of ____________________ dated _______________, and ____________________ "_______________" represented by ____________________, acting___ on the basis of ____________________, hereinafter referred to as "Customer", have entered into this Agreement as follows:

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 having 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. In order 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 ________________________________________________________________

________________________________________________________________

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.

1.4. 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 current legislation 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 holding 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 assignment in a contract legal entity to perform 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 contractors for the execution of work in accordance with the current legislation of the Russian Federation, in the quantity necessary for the work to be performed by contractors and involved organizations;

Approve work schedules;

Coordinate with contractors the list of materials planned by suppliers and attracted third party organizations to execute individual species works and installation of 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 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 product release, 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 of funds 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 entities and individuals as expert consultants and performers of tasks, the implementation of which is assigned by the Customer to the developer’s service.

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 decisions about 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 fixed 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: ________________________________________________________________

_________________________________________________________________

And the customer draws it up in the form of an investment agreement of the established form. In relation to latest changes legislation, an investment agreement not only protects the rights of the investor, but also provides rights to the customer, who will directly carry out organizational work.

An investment agreement is a document that confirms the relationship between the investor and the customer directly. In turn, the contract consists of obligations put forward by both parties. This concept was first used by the Supreme Court due to the fact that there were often cases where partners could not share profits among themselves. And after many incidents, they introduced such a definition and even provided the first sample of an investment agreement.

A business investment agreement directly has two parties - the customer and the investor.

The customer is the person who leads the project, in most cases the head of the enterprise himself. He bears full responsibility for the funds provided by the investor. He undertakes to fulfill all the points contained in his sample agreement with the investor. The customer is fully responsible for the results of the financial activities carried out.

Investor - this can be a legal entity or individual, which invests its funds to finance the project. Its main goal is to make a profit for its contribution to production or the service sector.

An investment agreement in the construction sector may also have a contractor who will deal with organizational issues, that is, he will look for a customer and an investor, in turn, he receives a commission from the profit received. Today it is very good option earnings and most importantly - it helps to conclude an investment contract.

Conditions for concluding an investment agreement

After the investor and the customer have found each other, it is necessary to discuss all the terms of the contract, which must be suitable for both parties. Relations between the parties are built in such a way that the investor conveys cash to the customer, while all movements are documented in accordance with the legislation regulating the relationship, which in turn reduces the risk of the investor losing his investments. The customer, in turn, invests all the money in the development of the project, while he is obliged to control all processes of costs and profits. In the future, after receiving a profit within a specified period, the investor will be returned the remuneration for the use of funds.

Interest on investments can be paid in two main ways:

the contract specifies a fixed amount, it is considered unchanged throughout the entire investment project, payments must be made exactly on time. Of course, from time to time situations may arise in which the customer cannot pay the money on time, then in such cases it is necessary to stipulate this case with an investor. With the consent of the investor, the payment period can be extended, but this provision must be included in investment agreement.
payment depending on the profit received is also called approximate. Sometimes projects are long-term, and it is almost impossible to predict the exact profit. In this case, an approximate profitability value is set; it can be adjusted in both directions. Investors are generally not happy with this option, since they want to know that their funds are protected and that they will receive the money they are counting on. For the customer, this option is good because they can no longer guarantee an exact profit due to constant changes in the country’s economy, especially the level of inflation, which is becoming higher over the years, especially in our country, affects profits.

The process of transferring investments to the customer can be carried out in different ways.

The first method involves the parties signing an investment partnership agreement and the money is transferred to the customer immediately in accordance with the established conditions.
The second method is that funds are not transferred immediately, but in parts. This depends on various factors:

the customer at the stage of developing an investment project does not require the entire amount of funds;
the investor does not fully trust the customer and thus tries to protect his funds from loss;
This method is advisable, since the project for a given period does not require a contribution of the full amount.

All possible cash flows must be controlled by both the customer and the investor, so that in cases of conflict the problem can be resolved. Sometimes such proceedings go to court, and then confirmation of the operation is required.

A sample business investment agreement should take into account the following obligations of the parties:

Customer:

adheres to the established deadline in the implementation of the investment project;
provides a report to the investor on expenses if necessary;
provision of a site or office for the implementation of the project;
delivery of the results of the investment project;
providing all necessary documents to carry out project activities;
attracting the necessary persons to conclude an agreement;
controls all actions that are directly related to the project, unnecessary expenses are not allowed;
undertakes to return the amount of debt to the investor within a certain period.

Investor:

transfers funds to the customer in accordance with the investment agreement, without any changes;
after completion of work, accepts the object from the customer;
payment of remuneration to the customer.
Be sure to register ownership rights to real estate or other results obtained, while submitting your sample investment agreement to the necessary registration services.

Nuances of an investment agreement

During the period of concluding a contract, both the customer and the investor need to familiarize themselves with the current laws of the state; this is necessary for correct design. In such cases, it is important to know all the laws, this provides protection in the future. To be more sure and to get acquainted, you can consult a lawyer. Such people are well acquainted with such matters and can explain many points that complicate the issues of signing an agreement. During signing, you can provide the lawyer with a sample business investment agreement. He will be able to clearly outline the existing option and answer questions related to risk.

If it is not possible to use the help of a lawyer, then you should adhere to the following recommendations when signing an investment agreement:

The name of the contract, the time of conclusion, and information about the parties must be clearly indicated. Who are involved in the conclusion, the place where the process takes place;
important conditions, such as price, duration of the investment project, purpose of the project;
rights and obligations of the investor and customer.

If this is a real estate construction project, it is important to include the address and area of the property where the house is being built or planned to be built.

Project price

The agreement with the investor must have a price clause. The investor is interested in a fixed price, that is, a price that will not change for the duration of the project. It takes into account such nuances as the customer’s remuneration for the work done, the cost of materials for the work, the cost of services provided by qualified specialists, possible risks, and payment for the use of certain equipment.

The approximate price is determined in accordance with the established procedure, that is, this point must be specified in the contract. The index method is mainly used for calculation. This method provides that each of these costs is adjusted by indexes, taking into account any changes in the prices of materials and services used.

The term of the contract also plays an important role in determining the cost of the project. In many cases, it is the deadline that serves as the starting point for determining further liability. As practice shows, violations of obligations are allowed within the deadline for completing design work. If the property is not delivered on time, changes in price are possible. Not only the investor is at risk, but the customer himself is at risk. The investor's risk is that he does not receive the result on time and this can ruin all his plans (sometimes they invest in real estate for subsequent sale, while he can enter into an agreement with a potential buyer). The customer risks that the investor may sue or the cost of materials or services may increase in price and this will provoke a shortage. This situation can take away the customer’s income.

Transferring an object

If we take the real estate sector as an example, then after a person owns the right to lease land, he undertakes to obtain permission to put into operation this building complex. It is important to take into account the fact that the lease agreement must also be valid for the period when the construction work is already completed. Otherwise, the built house will be considered as built without the knowledge of the owner and such a house will be subject to demolition. And if there is no lease document, investors can appropriate it for themselves without the knowledge of the customer. Of course, there will be an opportunity to return it back, although it will be quite difficult to do this.

The procedure for transferring an object:

the customer obtains permission to put it into operation; the house must be registered in the state management register;
after registration, the customer notifies the customer in writing of his readiness to transfer ownership of the object, sets a time and date for the transfer, where everything will be legally formalized;
After the investor has inspected the property and found that there are no defects, he signs the transfer and acceptance certificate, and then goes to the state registry office to register the premises as his property.

In any case, there are risks that the parties to the investment agreement are wary of, the main ones being:

The premises have been redesigned. This incident was not reflected in the contract. One of the parties is not aware of the changes;
The customer does not have ownership of the land. Such construction will be declared invalid and the house will not be put into operation;
The object does not meet the characteristics that are clearly stated in the contract;
The area of the premises is smaller or larger than that specified in the contract;
The construction of the facility was not carried out with high quality, there are deviations from established standards.

Pitfalls

In any case, the investor bears the greater risk, since his financial capital is involved in the project. An investor should be wary of many things and before investing money in a business, it is necessary to collect information regarding the customer.

Experts advise the following:

Initially, it is worth checking the business reputation of the customer’s company, including their credit history;
Be sure to request from the organization the title documents for ownership of the land; most often this document will be a passport;
Request from the customer all permitting documents for carrying out design work. Make sure that there are no expired permits and that there will be no problems with documentation in the future;
If there is already an investor, then it is worth conducting a legal examination business relations between them. After that, request a contract and attach them to the new one.

So, an investment agreement is a very important decision for the customer and investor, which must be carried out with a full package of documentation and information. Each participant has rights and obligations, adhering to which one can hope to obtain a positive result.

Download a sample real estate investment agreement.

for design work in a person acting on the basis, hereinafter referred to as " Designer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE AGREEMENT

1.1. The Customer instructs the Designer to prepare a task for performing design work and technical documentation, and the Designer undertakes to prepare a task for performing design work and, in accordance with the task, develop technical documentation (project) for an individual building for construction at the address: .

1.2. The assignment prepared by the Designer becomes binding on the parties from the moment it is approved by the Customer.

1.3. The designer is obliged to comply with the requirements contained in the assignment and other initial data for performing design and survey work, and has the right to deviate from them only with the consent of the customer.

1.4. The Designer’s right to carry out the work provided for in this Agreement is confirmed by the following documents:

License No. dated "" 2019, issued by .

1.5. The designer undertakes to prepare the following documents: .

2. COST OF WORK AND PAYMENT PROCEDURE

2.1. The cost of design work is rubles, VAT rubles, and is determined by the table “Calculation of volumes and costs of work” (Appendix No.).

2.2. The cost of design work is determined in accordance with the volume of design documentation. In case of a significant increase in the volume of work, the cost may be changed by agreement of the parties.

2.3. Within days after the conclusion of this Agreement, the Customer transfers the amount specified in clause 2.1 to the Designer’s bank account.

3. DATE FOR COMPLETION OF DESIGN WORK

3.1. The designer undertakes to complete the design work in full within the period from the date of conclusion of this contract.

4. OBLIGATIONS OF THE PARTIES

4.1. The designer is obliged:

Carry out work in accordance with the assignment and other initial design data and the contract;
Coordinate finished technical (design) documentation with the Customer, and, if necessary, together with the Customer - with competent government agencies and local governments;
Transfer to the Customer the finished technical (design) documentation and the results of survey work.

4.2. The designer has no right to transfer technical documentation to third parties without the consent of the Customer.

4.3. The Designer guarantees to the Customer that third parties do not have the right to prevent the execution of work or limit their execution on the basis of the technical documentation prepared by the contractor.

4.4. The customer is obliged:

Pay the Designer the price established by this Agreement;
Use the technical (design) documentation received from the Designer only for the purposes provided for in the Agreement, do not transfer the technical documentation to third parties and do not disclose the data contained in it without the consent of the Designer;
Provide the necessary assistance to the Designer in carrying out design work;
Participate together with the Designer in the coordination of finished technical documentation with the relevant government bodies and local governments;
In the event of a significant change in the initial data, as well as due to other circumstances beyond the control of the Designer, resulting in a significant increase in the cost of design work, reimburse the Designer for additional costs incurred in connection with this;
In the event of a legal dispute related to a third party filing a claim against the Customer due to deficiencies in the compiled technical documentation, involve the Designer in participating in the case.

5. RESPONSIBILITY OF THE PARTIES

5.1. The designer is responsible for improper preparation of technical (design) documentation, including deficiencies subsequently discovered during construction, as well as during the operation of the facility created on the basis of technical documentation.

5.2. If deficiencies are discovered in the technical documentation, the Designer, at the request of the Customer, is obliged to redo the technical documentation free of charge, as well as to compensate the customer for losses caused.

5.3. In case of violation of the deadlines for completing design work, the Designer pays the Customer a penalty in the amount of % for each day of delay, but not more than % of the total cost of the work, unless he proves that the delay was due to the Customer’s fault.

6. RESOLUTION OF DISPUTES BETWEEN THE PARTIES. JURISDICTION OF DISPUTES FROM THE AGREEMENT

6.1. Controversial issues arising during the execution of this Agreement are resolved by the parties through negotiations, and the resulting agreements are necessarily recorded by an additional agreement of the parties (or protocol), which becomes an integral part of the Agreement from the moment of its signing.

6.2. If a dispute arises between the Customer and the Designer regarding the shortcomings of the work performed or their causes and the impossibility of resolving this dispute through negotiations, at the request of either party, an examination may be appointed. The costs of the examination are borne by the Designer, except for cases where the examination establishes that the Designer has not violated the terms of this Agreement and the technical documentation. In these cases, the costs of the examination are borne by the party that requested the appointment of the examination, and if it is appointed by agreement between the parties, both parties equally.

6.3. In the event of failure to reach an agreement on controversial issues, a dispute arising from this Agreement is subject to consideration in a court of general jurisdiction on the territory of the Russian Federation, on the basis of the law of the Russian Federation and in the manner established by the legislation of the Russian Federation. In accordance with Articles 118 and 120 of the Code of Civil Procedure of the RSFSR, the claim is brought at the place of permanent residence of the Customer.

6.4. The applicable law of the parties is the legislation of the Russian Federation.

6.5. On issues not regulated by the Treaty, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Federation and local governments. If the terms of the Agreement contradict the provisions of laws and other legal acts, the law or other legal act shall be applied.

7. OTHER CONDITIONS

7.1. Correspondence between the parties is carried out by exchanging fax messages, email messages, and registered letters. Messages are sent to the addresses specified in the Agreement. The date of the relevant notification is considered to be the day the fax or email message is sent, as well as the day after the letter is sent by mail.

7.2. This agreement has been drawn up in two copies - one for each party. In case of translation of the text of the Agreement and any annex to it into foreign language, the text in Russian will prevail.

8. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

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

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

9. SIGNATURES OF THE PARTIES

Designer _________________

Customer_________________