Contract law. Construction contract (most important)

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Contract law. Construction contract (most important)

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45. 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.

A building contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the construction contract.

Customers can be individuals and legal entities.

Contractor:

1) construction and construction and installation organizations, regardless of their form of ownership;

2) individual entrepreneurs who have a license for construction activities.

subject of a contract construction contract - the result of the contractor's activities, which has a specific materialized form.

Essential conditions building contract are price and term.

Form of contract - written, by drawing up a single document signed by the parties.

Conclusion of the contract:

1) in the usual manner - by entering into direct contact between future counterparties, agreeing on all the necessary conditions for a future contract and signing it;

2) through special contract tenders.

Amendment of the contract.

The ability to make changes to the technical documentation without any reference to circumstances beyond his control belongs to the customer. At the same time, the additional work caused by this does not exceed 10% of the total cost of construction indicated in the estimate and does not change the nature of the work provided for in the construction contract, otherwise this issue is subject to mandatory agreement with the contractor. The contractor has the right to demand changes only to the estimate, and not to the technical documentation.

Termination of an agreement construction contract may occur for various reasons. They may be conservation or complete cessation of construction, systematic violation by the contractor of deadlines for construction and installation work or their low quality, systematic violation by the customer of obligations stipulated by the contract, recognition of the customer as insolvent (bankrupt) in the prescribed manner, etc. In addition, the customer (investor) has the right at any time to terminate or suspend the contract with compensation to the contractor for losses caused by this, including lost profits.

Author: Rezepova V.E.

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