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Civil law. Part II. Construction contract (most important)

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48. CONSTRUCTION CONTRACT

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

Features of the contract construction contract:

▪ the subject of the contract may be a new construction project, reconstruction and technical re-equipment of an existing enterprise, major repairs of buildings, installation of technological equipment, commissioning work (clause 2 of Article 740 of the Civil Code);

▪ the customer is represented by specialized organizations that are representatives of those persons for whom the object is being built; construction organizations and individual entrepreneurs with a license for construction activities act as contractors. The parties to such an agreement may be Investors - persons investing their funds in construction. Such persons may also act as customers;

▪ the essential terms of this agreement are its subject, price and term (clause 1 of Article 740 of the Civil Code);

▪ the customer is obliged to provide the contractor with a land plot for construction in a timely manner (clause 1 of Article 747 of the Civil Code);

▪ the exercise of customer rights is possible with the help of an engineer or engineering organization (Article 749 of the Civil Code);

▪ the contractor is obliged to comply with the requirements of the law on environmental protection and the safety of construction work (clause 1 of article 751 of the Civil Code);

▪ the customer is obliged to pay the contractor for the work performed by him before the conservation of the latter, as well as to reimburse expenses caused by the cessation of work (Article 752 of the Civil Code);

▪ the customer is obliged to immediately begin accepting the work performed (clause 1 of Article 753 of the Civil Code), which he carries out at his own expense (clause 2 of Article 753 of the Civil Code);

▪ the risk of the consequences of the destruction of a separate stage of work, previously accepted by the customer, is borne by the latter (clause 3 of Article 752 of the Civil Code);

▪ delivery and acceptance of the work result is documented by an act, which must be signed by both parties to the contract (clause 4 of Article 753 of the Civil Code);

▪ acceptance of the work result must be preceded by preliminary tests, if they are provided for in the contract (clause 5 of Article 753 of the Civil Code);

▪ the customer has the right to refuse to accept the results of the work if they have fatal deficiencies (clause 6 of Article 753 of the Civil Code).

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