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Civil law. Part II. Contract agreement for design and survey work (the most important)

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49. CONTRACT FOR THE PERFORMANCE OF DESIGN AND SURVEY WORKS

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

Features of the contract contract for design and survey works:

▪ the subject of the contract is the execution by the designer (surveyor) of design and (or) survey work, culminating in the preparation of technical documentation or the presentation of data on the surveys carried out (clause 1 of Article 759 of the Civil Code);

▪ customers can be persons who need the results of design and survey work; often they are contractors under a construction contract. Only entrepreneurs who have a special license to perform such work can act as a contractor (designer, surveyor);

▪ the contract price is determined in accordance with the estimate containing a list of the contractor’s costs;

▪ the contractor has no right to transfer technical documentation developed in accordance with the contract to third parties without the consent of the customer (clause 1 of Article 760 of the Civil Code);

▪ the contractor guarantees to the customer that third parties will not have the right to prevent the execution of work based on the technical documentation developed by him (clause 2 of Article 760 of the Civil Code);

▪ the contractor is obliged to redo the technical documentation free of charge, as well as to compensate the customer for losses if there are deficiencies in the technical documents or survey work (clause 2 of Article 761 of the Civil Code);

▪ the customer is obliged to use technical documentation only for the purposes specified in the contract, not to transfer it to third parties and not to disclose the data contained in it (Part 3 of Article 762 of the Civil Code);

▪ the customer is obliged, together with the contractor, to participate in the coordination of finished technical documentation with the relevant state bodies and local governments (clause 5 of Article 762 of the Civil Code);

▪ the customer is obliged to reimburse the contractor for expenses caused by changes in the initial data for completing his task, which arose regardless of the contractor (clause 6 of article 762 of the Civil Code).

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