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

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

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46. CONTRACT FOR THE PERFORMANCE OF DESIGN AND SURVEY WORKS

Contract for the performance of design and survey work - this is an agreement by virtue of which 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 (Article 758 of the Civil Code of the Russian Federation). In most cases, capital construction should be preceded by survey and design work.

The contract for the performance of design survey work 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 contract for the performance of design and survey work.

subject of a contract - design work or survey work, or both design and survey work. Carrying out survey and design work is a necessary prerequisite for the implementation of capital construction.

survey work are aimed at obtaining materials about the conditions of future construction and the operating conditions of the facility to be built. Engineering surveys are divided into basic and special.

Design work include the preparation of design documentation for the construction or reconstruction of a capital construction facility, as well as major repairs, if during its implementation the design and other characteristics of the reliability and safety of capital construction facilities are affected.

Parties to the contract

▪ the contractor, who acts respectively as a designer or surveyor, and the customer. Carrying out survey and design work requires special knowledge and skills, therefore, on the side of the contractor, as a rule, specialized organizations or citizens with the appropriate license act. The customer can be any person.

Form of contract

▪ written.

The contractor is obliged:

1) perform work in strict accordance with the task, other initial data, the contract and established regulatory requirements;

2) coordinate the finished technical documentation with the customer;

3) transfer to the customer, according to the acceptance certificate, the finished technical documentation and the results of survey work.

The customer must:

1) pay for the work, as well as reimburse the contractor for additional expenses that are caused by a change in the initial data due to circumstances beyond the control of the contractor;

2) assist the contractor in the performance of work to the extent and on the terms stipulated by the contract.

Author: Rezepova V.E.

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