Contract law. Government contract for contract work for government needs (most important)

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Contract law. Government contract for contract work for government needs (most important)

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47. STATE CONTRACT FOR THE PERFORMANCE OF CONTRACTOR WORKS FOR STATE NEEDS

State or municipal contract for the performance of contract work for state or municipal needs - an agreement by virtue of which the contractor undertakes to perform construction, design and other work related to the construction and repair of industrial and non-industrial facilities, and transfer them to the state or municipal customer, and the state or municipal customer undertakes to accept the work performed and pay for them or provide them payment (clause 2, article 763 of the Civil Code of the Russian Federation).

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 contract for the performance of design and survey work.

The state contract may be concluded in relation to two types of contracts: construction and contracts for design and survey work.

subject of a contract

▪ the result of the contractor’s activities, which has a specific material form, as well as design work

Parties to the contract - customers and performers. Customers can be any individuals and legal entities that are interested in obtaining the results of new research and development. Contractors can be all Russian legal entities and individuals who have professional capabilities to perform R&D. The creative nature of the work predetermines the fact that the identity of the performer matters for the customer, namely his ability to solve the task.

Form of contract - written.

Rights and obligations of the performer:

a) is obliged to perform contractual work in accordance with the terms of reference and transfer its result to the customer within the prescribed period;

b) is obliged by his own efforts and at his own expense to eliminate the shortcomings of the work performed;

c) is obliged to agree with the customer on the use of protected results of intellectual activity owned by third parties and the acquisition of rights to use them;

d) has the right, after a month from the day when the result of the work should be transferred to the customer, subject to the subsequent two-time warning of the customer, to sell the result of the work, and the proceeds, minus all payments due to the contractor, to deposit in the name of the customer.

Rights and obligations of the customer:

a) is obliged to accept the result of the work performed;

b) is obliged to pay for the work at a fixed price and in the manner prescribed by the contract.

Author: Rezepova V.E.

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