Contract agreement for the construction of a wooden house (a bathhouse made of timber, a country house made of timber). Template of a contract for the construction of a house made of logs or timber Contract for the construction of a turnkey house sample
Document form “Construction contract wooden house(baths made of timber, country house made of timber)" refers to the heading "Domestic, rental, construction contract." Save the link to the document on social networks or download it to your computer.
Work agreement
for the construction of a wooden house (a bathhouse made of timber, a country house made of timber)
[place of conclusion of the contract] [day, month, year]
Citizen of the Russian Federation [F. I. O.], [day, month, year] of the year of birth, hereinafter referred to as the “Customer”, on the one hand, and
[full name of the tenant] represented by [position, full name], acting on the basis of [name of document confirming the authority to act on behalf of legal entity], hereinafter referred to as the “Contractor”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Contractor undertakes with his own resources (with the right to involve third parties - subcontractors) and with material and technical means, on the instructions of the Customer, to carry out work on the construction of [a wooden house, a bathhouse made of timber, a country house made of timber] (hereinafter referred to as the Object), in in accordance with the terms of this agreement, the design and estimate documentation agreed upon by the Parties, including possible work not specifically mentioned in the agreement, but necessary for the complete construction of the Facility and its normal operation, and the Customer undertakes to create the necessary conditions for the Contractor to perform the work, accept their result and pay the price stipulated by this agreement.
1.2. In pursuance of this contract, the Contractor undertakes to produce strip foundation, deliver and install the manufactured frame on it, as well as carry out the interior finishing of the Object.
1.3. The Contractor undertakes to completely complete construction and deliver the finished Object to the Customer by [fill in what is required].
2. Rights and Obligations of the parties
2.1. The customer has the right:
2.1.1. Monitor and supervise the progress and quality of work performed, compliance with deadlines for their production, the quality of materials provided by the Contractor, as well as the correct use of the Customer’s materials, without interfering with the operational and economic activities of the Contractor.
2.1.2. Refuse to perform this contract and demand compensation for damages if the Contractor does not begin to fulfill this contract in a timely manner or performs the work so slowly that completing it on time becomes clearly impossible.
2.1.3. Assign the Contractor a reasonable period to eliminate defects if, during the execution of the work, it becomes obvious that it will not be completed properly, and if the Contractor fails to comply with this requirement within the appointed period, refuse this agreement or entrust the correction of the work to another person at the expense of the Contractor, and also demand compensation for losses.
2.1.4. Submit claims to the Contractor related to the inadequate quality of the work result.
2.1.5. Make changes to technical documentation for construction.
2.2. The customer is obliged:
2.2.1. Ensure the timely start of work, its normal maintenance and completion on time.
2.2.2. Before the start of work, provide the Contractor with a plot of land for the construction of the Facility.
2.2.3. Within [period] after receiving notification of the readiness of the Facility to begin inspection and acceptance of the work performed in the presence of representatives of the Contractor.
2.2.4. If you discover deviations from the contract that worsen the result of the work, or other shortcomings in the work, immediately report this to the Contractor.
2.2.5. Finance the construction of the Facility in accordance with the terms of this agreement.
2.2.6. At any time before the delivery of the Object to him, refuse to fulfill this contract by paying the Contractor a part of the established price in proportion to the part of the work completed before the Contractor received notice of refusal to fulfill the contract.
2.3. The Contractor has the right:
2.3.1. Involve subcontractors to fulfill their obligations.
2.3.2. Demand, in accordance with Article 450 of the Civil Code of the Russian Federation, to revise the estimate if, for reasons beyond his control, the cost of work exceeded the estimate by at least ten percent.
2.3.3. Demand reimbursement of reasonable expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.
2.3.4. Hold the completed Object until the Customer fulfills the obligation to pay for the work performed.
2.3.5. Do not start work, but suspend the work that has begun or refuse to fulfill this contract and demand compensation for damages in cases where the Customer’s violation of its obligations under this contract prevents the Contractor from fulfilling the contract, as well as in the presence of circumstances clearly indicating that the Customer’s fulfillment of the specified duties will not be completed on time.
2.3.6. If the Customer evades acceptance of the work performed, sell the result of the work in the manner prescribed by clause 6 of Art. 720 of the Civil Code of the Russian Federation, and the proceeds, minus all payments due to him, should be deposited in the name of the Customer in the manner prescribed by Article 327 of the Civil Code of the Russian Federation.
2.4. The contractor is obliged:
2.4.1. Carry out construction and related work in accordance with design and estimate documentation defining their volume, content and cost.
2.4.2. Provide construction with all necessary materials, equipment, parts, structures, components, and construction equipment.
2.4.3. Comply with security legislation environment and about safety construction work.
2.4.4. Ensure maintenance and cleaning of the construction site and surrounding area.
2.4.5. Inform the Customer about the conclusion of subcontract agreements, indicating the subject of the agreement, the name and address of the subcontractor.
2.4.6. Immediately notify the Customer and, until receiving his instructions, suspend work upon detection of:
Possible adverse consequences for the Customer of following his instructions on the method of performing the work;
Other circumstances beyond the control of the Contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
2.4.7. Within [meaning] business days, inform the Customer about the readiness of the Object.
2.4.8. Carry out all work in the scope and time frame provided for in this contract and hand over the work to the Customer in a condition that allows normal operation of the facility.
2.4.9. Timely eliminate shortcomings and defects identified during acceptance of work and during the warranty period of operation of the Facility.
2.4.10. Present to the Customer the Object in full construction readiness with a set of as-built technical documentation.
2.4.11. Clear the construction site from construction machinery, equipment, vehicles, inventory, building materials, structures, temporary buildings and structures, construction waste within [meaning] days from the date of signing the acceptance certificate for the completed construction of the Facility.
2.4.12. Ensure uninterrupted functioning of engineering systems and equipment during normal operation of the Facility during the warranty period.
3. Deadlines for completion of work
3.1. The parties established the following construction timeframes:
The initial deadline for completing the work is [day, month, year].
The deadline for completing the work is [day, month, year].
The date of commissioning of the Facility is [enter as required].
3.2. These deadlines may be changed by agreement of the Parties or due to circumstances beyond the control of the Parties.
4. Cost of work and payment procedure
4.1. The cost of work under this contract is determined on the basis of the estimate and amounts to [amount in figures and words] rubles. The estimate is approved by the Parties and is an integral part of this agreement.
4.2. The contract price includes the cost of construction and installation work for the construction of the Facility, compensation for the Contractor’s costs and the remuneration due to him.
4.3. The cost of the work is fixed.
4.4. If the volume of work or the cost of building materials during construction exceeds the indicators approved in the design and estimate documentation, the Parties will enter into an additional agreement to this agreement to clarify the contract price.
4.5. Payment for work by the Customer is made in rubles in cash.
4.6. The Customer pays the Contractor an advance in the amount of [fill in what is required].
4.7. The final payment is made by the Customer after the final delivery of the Object, provided that the work is completed properly and within the agreed time frame.
5. Quality guarantees
5.1. The Contractor guarantees that the Construction Project will achieve the indicators specified in the technical documentation and the ability to operate the Project in accordance with this agreement during the warranty period.
5.2. The warranty period for the work performed is established within [period] from the moment the Parties sign the acceptance certificate for the completed construction of the Facility.
5.3. The warranty period is interrupted for the entire time during which the Facility could not be operated due to deficiencies for which the Contractor is responsible.
6. Acceptance of the completed construction facility
6.1. The Contractor, within [meaning] days from the date of completion of construction, notifies the Customer of the readiness of the Object for delivery.
6.2. Acceptance by the Customer of the Object is carried out within [value] days from the date of receipt of notification of its readiness.
6.3. Before acceptance of the Object, the Contractor, in the presence of an authorized representative of the Customer, performs a preliminary test of the installed equipment.
6.4. The delivery of the result of work by the Contractor and its acceptance by the Customer are formalized by a certificate of acceptance of the completed construction of the Facility, signed by both Parties.
6.5. The Customer has the right to refuse to accept the Object if deficiencies are discovered that exclude the possibility of its use and cannot be eliminated by the Contractor or Customer.
7. Responsibility of the parties
7.1. The Contractor is responsible for:
Deviations from the requirements stipulated in the technical documentation and in the building codes and regulations mandatory for the Parties, as well as for failure to achieve the indicators of the Construction Project specified in the technical documentation;
Defects in the work performed that make the Object unsuitable for normal use in the manner provided for in paragraphs 1-3 of Art. 723 Civil Code of the Russian Federation;
Defects (defects) discovered within the warranty period, unless it proves that they occurred due to normal wear and tear of the Object or its parts, improper operation or incorrect instructions for its operation developed by the Customer himself or third parties involved by him, improper repair of the Object carried out by by the Customer himself or third parties involved by him;
Quality of building materials;
Consequences of non-fulfillment or improper fulfillment of obligations by the subcontractor;
Violation of the requirements of legislation on environmental protection and safety of construction work.
7.2. In the event of a culpable violation of the deadline for the construction of the Facility and the deadline for putting the Facility into operation, the Contractor shall pay the Customer a penalty at the rate of [value]% of the cost of work specified in clause 4.1 of this contract for each day of delay.
7.3. The Customer compensates the Contractor for losses:
Caused by termination of the contract at the initiative of the Customer, within the difference between the price determined for the entire work and part of the price paid for the work performed;
Caused by failure to fulfill your obligations under this agreement.
7.4. In case of violation of the deadlines for payment for work provided for in Section 4 of this agreement, the Customer shall pay the Contractor a penalty at the rate of [value]% of the amount owed for each day of delay.
7.5. Payment of penalties does not relieve the Parties from fulfilling their obligations in kind.
8. Distribution of risks between the parties
8.1. The risk of accidental death or accidental damage to the Object before its acceptance by the Customer is borne by the Contractor.
8.2. In the event of a delay in delivery of the Object due to the fault of the Customer, the risk of accidental loss of the Object passes to the Customer at the time when the delivery of the Object should have taken place.
9. Force majeure
9.1. The parties are released from liability for complete or partial failure to fulfill obligations under this agreement if it was a consequence of force majeure circumstances for the duration of these circumstances, if these circumstances directly affected the performance of this agreement.
9.2. If, as a result of force majeure circumstances, significant damage is caused to the Construction Project, the Parties are obliged to agree on new terms, production procedure and cost of work in an additional agreement, which from the moment of its signing becomes an integral part of this agreement, or initiate the procedure for terminating the agreement in accordance with the current civil legislation RF.
9.3. If the work can be continued in the manner in force under this agreement before the onset of force majeure circumstances, then the period for fulfilling obligations under this agreement is extended in proportion to the time during which the force majeure circumstances and their consequences were in effect.
10. Procedure for terminating the contract
10.1. The customer has the right to terminate this agreement unilaterally in the event of:
Violation by the Contractor of the deadlines for completing the work, resulting in an increase in the completion date of the Facility by more than [period];
Failure by the Contractor to comply with quality requirements for work performed.
10.2. This agreement may be terminated in other cases provided for by the current legislation of the Russian Federation.
for the construction of a residential building
_______________ “____” ______________ 2018
Represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Contractor”, on the one hand, and ________________________________________________ represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The contractor undertakes, in accordance with the technical specifications, design estimates and construction work schedule, to carry out the construction of a ________________________________________________ residential building within the period from "___" _____________ 2018 to "___" _____________ 2018, and the customer undertakes to accept the work and pay for it.
1.2. The terms of reference, estimate and schedule must be agreed upon and signed by the parties no later than ________ days from the date of signing this agreement. The date of signing is the starting date for calculating the deadlines specified in the schedule.
1.3. The customer undertakes to provide the contractor with all materials necessary for construction and provide a plot of land with an area of ________ hectares for construction at the address: ________________________________________________.
2. COST OF WORK AND PAYMENT PROCEDURE
2.1. The cost of the work is established by the estimate, which is an appendix to this contract.
2.2. Payment for work is made in two parts:
During ________ banking days from the date of signing by the parties of the terms of reference, schedule and estimate advance payment in the amount of ________% of the total estimate;
Within ________ banking days from the date the parties signed the work acceptance certificate, the final payment in the amount of ________% of the total estimate.
2.3. All calculations are made in rubles.
2.4. Value added tax on the work performed must be indicated for each item of the estimate separately and as a whole according to the total and when paying is allocated a separate amount in payment order customer.
2.5. In the event of early termination of the contract before completion of the work, the contractor undertakes to return the advance payment to the customer in the amount exceeding the work actually performed under the contract within ________ banking days from the date of receipt of the customer’s request.
3. PROCEDURE FOR SUBMISSION AND ACCEPTANCE OF WORK
3.1. Upon completion of the work, the contractor provides the customer with a work acceptance certificate.
3.2. The customer, with the participation of the contractor, accepts the result of the work and, within ________ calendar days from the date of receipt of the work acceptance certificate, is obliged to send the contractor a signed acceptance certificate or a reasoned refusal to accept the work, indicating specific comments. If, within the specified period, the acceptance certificate issued by the customer or the customer’s reasoned refusal to accept the work is not received by the contractor, then the work is considered accepted and is subject to payment.
3.3. In the event of a reasoned refusal by the customer, the parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation. Modifications, the need for which arose due to the fault of the contractor, are carried out without additional payment to the customer, at the expense of the contractor.
3.4. If the contractor completes the work ahead of schedule, the customer can accept and pay for the work ahead of schedule at the agreed price.
3.5. In case of termination of work on the instructions of the customer, the parties are obliged, within ________________________ from the date of termination of work, to draw up a bilateral act on the completed part of the work and the actual expenses of the contractor. After drawing up the act, the parties must make mutual settlements within ________ days, taking into account the work performed by the contractor and the advance payment listed earlier.
4. RESPONSIBILITY OF THE PARTIES
4.1. The latter is responsible for failure to preserve material in the possession of the contractor.
4.2. The customer is responsible for the inability to use the material provided by him without deteriorating the quality of the work. Materials that do not correspond to the samples specified in the technical documentation must be replaced by the customer within ________________________ period. If the materials transferred by the customer cannot be used by the contractor due to the lack of the necessary equipment, the customer is released from liability.
4.3. If the customer does not provide the contractor with construction materials on time, the latter is not responsible for changing the completion date of the work.
4.4. For violation of the deadlines for completing the work, the contractor is liable for losses caused by the delay and for the consequences of the impossibility of performance that accidentally occurred during the delay by paying a penalty for each day of delay in the amount of ________% of the cost of the work.
4.5. For violation of payment terms for work, the customer pays the contractor a penalty in the amount of ________% of the cost of work for each day of delay.
4.6. Payment of penalties does not relieve the parties’ obligations to complete the work and, accordingly, pay in full.
5. OTHER CONDITIONS
5.1. Any changes to the terms of this agreement are formalized by an additional agreement of the parties and come into force after signing by authorized representatives of the parties.
5.2. If during construction there is a need to carry out additional work that is not taken into account in the technical documentation, the contractor is obliged to notify the customer about this and, if he does not receive a response from him within ________________________, suspend the work.
5.3. The customer is responsible for compensation for damages caused by the delay unless he proves that there is no need for additional work.
5.4. Additional work is paid for by the customer if the contractor proves the need to act in the interests of the customer immediately.
5.5. If the contractor performs additional work without receiving a response from the customer or receiving a refusal from the customer, the latter has the right to refuse payment for them and compensation for damages.
5.6. The Contractor has the right to demand additional payment for reasonable expenses incurred in connection with the identification and elimination of defects in the technical documentation. The contractor is not required to prove the reasonableness of his actions.
6. OBLIGATIONS AND GUARANTEES OF THE PARTIES
6.1. The customer is obliged to provide the contractor with in the prescribed manner approved design and estimate documentation, schedule, technical documentation, construction materials, equipment, ensure continuity of construction financing, accept the completed residential building from the contractor according to the acceptance certificate.
6.2. The customer is obliged to pay for the work.
6.3. The customer provides the contractor with access to the facility necessary for normal work.
6.4. The Contractor undertakes to begin work no later than the working day following the day the contract is concluded and to complete the work within the time period specified in the contract.
6.5. The Contractor undertakes to insure with the insurance company ________________________________________________ the risk of accidental death or damage to the construction project and liability to third parties for damage caused to them during construction.
6.6. The Contractor guarantees the preservation of the quality of the result of the work performed for ________ years, starting from the date the parties signed the work acceptance certificate, provided that the customer fulfills the relevant requirements specified in the technical documentation. The terms of post-warranty service are determined by a separate agreement.
6.7. The contractor undertakes to transfer to the customer, along with the results of the work, technical documentation.
7. EARLY TERMINATION
7.1. The parties have the right to terminate this agreement by mutual agreement.
7.2. The customer has the right to terminate this contract early by notifying the contractor in writing no later than ________ calendar days before the expected date of termination of the contract, in the following cases:
7.2.1. If the execution of work under the contract by the contractor is delayed by more than ________ calendar days;
7.2.2. If the contractor does not begin work under the contract within ________ calendar days or performs the work so slowly that completing it on time becomes clearly impossible;
7.2.3. If the contractor made significant deviations from the contract in the work.
7.3. In all these cases, the contractor is obliged, within ________ banking days from the date of receipt of the customer’s request, to return the amount of money transferred to the contractor in a portion that exceeds the cost of the work actually completed and accepted by the customer.
8. GROUNDS FOR EXEMPTION FROM LIABILITY
8.1. Neither party will be liable for failure to fulfill or improper fulfillment of its obligations by one of the parties if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of the contract. Such circumstances include the parties: fire, flood, earthquake, other natural disasters, war, hostilities, strikes, adoption by public authorities and management of regulations that make it impossible for the parties to fulfill or properly fulfill their obligations.
8.2. If any of these circumstances directly affected the failure to fulfill the obligation within the period specified in the contract, then this period is extended in proportion to the duration of the relevant circumstance.
8.3. A party for which it has become impossible to fulfill obligations as a result of the above circumstances is obliged immediately, no later than ________ days from the moment of their occurrence and termination, in writing notify the other party. The presence and duration of force majeure circumstances must be confirmed by a certificate issued by the relevant competent authority.
8.4. If these circumstances last more than ________ months, each party has the right to unilaterally terminate this agreement by notifying the other party ________ calendar days before the date of termination. In this case, the parties are obliged to make mutual settlements taking into account the advance payments paid and the cost of the actual work performed. After mutual settlements have been made, the parties do not have the right to demand compensation from each other for any other losses.
9. DISPUTE RESOLUTION PROCEDURE
9.1. Disagreements arising in connection with this agreement shall be resolved by the parties through negotiations. If agreement cannot be reached, then all disputes and disagreements under this agreement shall be submitted by the parties to the Arbitration Court of ________________________.
10.APPLICATIONS
10.1. The following is attached to this agreement as an integral part:
1. Technical specifications for the construction of a residential building;
2. Schedule of work for the construction of a residential building;
3. Estimate of work for the construction of a residential building;
4. Requirements for the operation of a residential building.
11. CONCLUSION
11.1. This agreement comes into force from the moment it is signed by the parties and is valid until the parties complete their obligations under the agreement.
11.2. All changes and additions to this agreement are valid if made in writing and signed by the parties.
12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Contractor
Legal address:
Mailing address:
Payment/account:
Corr./account:
Customer
Legal address:
Mailing address:
Payment/account:
Corr./account:
13. SIGNATURES OF THE PARTIES
Contractor _______________ Customer _______________
AGREEMENT No._______
for contract work
St. Petersburg "___" _______________200_
This agreement is concluded between Individual Entrepreneur Tsvetkov Stanislav Nikolaevich ", hereinafter referred to as the Contractor, acting on the basis of the Charter, on the one hand, and _________________________________________________________________________________, hereinafter referred to as the Customer, residing at the address: _________________________________________________, passport _______________________________________________________________, acting on the basis of Chapter 37, Article 702, 703, 704 , 705 of the Civil Code of the Russian Federation, on the other hand, about the following:
I. SUBJECT OF THE AGREEMENT
1.1. The Customer instructs and the Contractor undertakes to perform qualified work in accordance with the terms of this Agreement, and the Customer undertakes to accept this work and pay for it in accordance with clause 4 of this Agreement.
II. NATURE OF THE WORK PERFORMED BY THE CONTRACTOR
2.1. The types of work and scope are determined in Appendix No. 1 and Appendix No. 2, which are integral parts of this agreement.
2.2. The installation of the structure is carried out on a land plot provided by the Customer and located __________________________________________________________________________.
III. CUSTOMER'S REQUIREMENTS FOR THE SUBJECT OF THE CONTRACT
3.1. The subject of the contract (the result of work performed under this Agreement) is: a structure completely completed in construction, according to the project.
3.2. Quantitative characteristics of the subject of the contract:
Size of the structure: ________________ m made of softwood material;
Ceiling height 1st floor 2.40 m; 2nd floor 2.20 m;
Partitions 1st floor: frame T-shaped; attic without partitions
Wooden double-leaf double-glazed window blocks in the amount of 5 pcs. (3 pieces on the 1st floor and 2 pieces in the attic)
Interior finishing: 1st floor: walls - softwood lining, ceilings - softwood lining, floors - tongue and groove softwood boards 27 mm thick; attic: walls - softwood lining, ceilings - softwood lining, floors - tongue-and-groove softwood boards 27 mm thick
Doors: paneled (2 pcs.)
Roof: ondulin,
Insulation: floors - 100 mm URSA, ceiling - 50 mm URSA, attic - 50 mm URSA
Staircase: single-flight wooden with railings and carved balusters.
It is allowed to join: timber along the entire perimeter of the walls of the structure, lining along each wall and ceiling in a separate room, floorboards in each room.
IV. PRICE AND PAYMENT PROCEDURE
4.1. The contract price remains unchanged during the validity of this Agreement and is determined in the amount of _______________________________________________________________________________________. Payment is made in rubles.
4.2. Payment is made in stages.
4.2.1. The advance payment upon conclusion of the Agreement is 30%.
In case of non-payment within 5 (Five) banking days, this agreement is considered invalid.
4.2.2. Payment upon delivery of material to the site is 40%.
4.2.3. Final payment upon completion of work is 30%.
4.2.4. Payment for completed work is made on the day the work is completed. The final payment is made at the site after signing the certificate of completion of work.
V. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The performer is obliged:
5.1.1. Carry out the assigned work in a high-quality manner in accordance with design estimates and other technical documentation, using your own resources, tools, mechanisms and materials in compliance with building codes and regulations, and hand over the completed work to the Customer.
5.1.2. Take measures to ensure the safety of the property entrusted to him by the Customer located on the site.
5.1.3. If it is necessary to exceed the cost estimate, as well as the occurrence of circumstances that impede the execution of work, notify the Customer about this no later than 5 days in advance.
5.2. The customer is obliged:
5.2.1. The Customer provides: connection to the electrical network, provides the Contractor with unhindered access to his site during the entire construction period. Subject to the paid entry of the Contractor's equipment into the Customer's site, the Customer pays these costs.
5.2.2. The customer provides housing for workers in satisfactory condition. If the housing provided is unsuitable, the Customer pays the workers 1000 rubles. per day per person. The suitability of housing is determined by the following parameters:
No cracks, holes or drafts in the room
No roof leaks
Availability of beds
Heating of the room - stove or electric, the air temperature in the room should not be less than 150C.
The presence of an entrance door.
Availability of drinking water
If the Customer does not provide housing for workers to live in the summer, the Customer may order a change house from the Contractor, which remains on the Customer’s site; the cost of the cabin is determined by its market value at the time of order.
5.2.3. Ensure access of vehicles (non-off-road vehicles) to the site, and if difficulties arise, ensure their resolution. All costs associated with their resolution are paid by the Customer.
5.2.4. Prepare the site for construction and installation work, including preparation of the foundation.
5.2.5.Have everything Required documents, confirming ownership of the site or the owner’s power of attorney to carry out work.
5.2.6. Accept and pay for completed stages of work in a timely manner. If the Customer does not accept the work (does not sign the acceptance certificate), he is obliged to provide the Contractor in writing within 2 days with the reasons for refusing to accept the work with a list of claims. Otherwise, the work is considered completed, accepted in full and subject to payment.
5.2.7. Promptly inform the Contractor in writing about deviations from the terms of the Agreement discovered by him during the performance of work that impairs the quality or other shortcomings.
5.2.8. Timely acceptance of hidden work agreed upon in advance. In case of failure to appear within the agreed period, the opening of hidden works is carried out at the expense of the Customer.
5.2.9. Delivery of building materials is carried out by a vehicle with a trailer of the Contractor of low cross-country ability. Delivery is carried out if there are roads with hard surfaces: asphalt, gravel - to the place of unloading of the material. In the absence of roads, delivery is carried out on dirt roads, off-road at the responsibility of the Customer.
5.2.9.1. When driving off-road, the driver independently visually determines the vehicle’s ability to pass based on weather conditions, the quality of the road or travel location, personal experience, and informs the Customer about the vehicle’s ability to pass.
5.2.9.2. If the car gets stuck, the Customer is obliged to provide assistance to the driver for further movement both to the place of delivery and on the way back. The necessary mechanisms for towing a vehicle off-road are paid for by the Customer.
5.2.9.3. The customer is obliged to inform the company in advance about possible difficult-to-pass places along the cargo delivery route and take measures to solve the problem of difficult-to-pass places.
5.2.9.4. If the customer has not reported possible travel difficulties, then the driver has the right to return to the Contractor’s base if there is no reliable passage or exit from the unloading site. Payment for delivery in this case is not refundable.
5.2.9.5. Unloading of construction material is carried out at the place specified by the Customer only if it is technically possible for a vehicle to approach: clear driveways, turns, slopes, etc. Carrying building materials to the construction site, further than 30 meters, is paid additionally by the Customer.
If it is impossible to access the unloading site of a vehicle with a trailer, it is possible to reload the material from the trailer to the vehicle. The cost of reloading is paid by the Customer additionally.
5.3. The performer has the right:
5.3.1. Replace materials used in construction with similar ones in properties and quality (as agreed with the Customer).
5.3.2. Involve subs in the production of work contractors.
5.4. The customer has the right:
5.4.1. Supervise the progress and quality of work both personally and through your authorized representative; suspend work if deviations from contractual terms are detected with mandatory immediate notification of this to the Contractor. If, in accordance with the terms of the Agreement, the suspension of work by the Customer is unreasonable, the Contractor has the right to unilaterally extend the term of the Agreement and demand compensation for damage as a result of forced downtime.
5.4.2. During the production process, accept completed critical structures and hidden work agreed upon in advance with the Contractor.
VI. RESPONSIBILITY OF THE PARTIES
6.1. For failure to fulfill or improper fulfillment of obligations assumed under the Agreement, the parties bear property liability:
6.2. If significant deficiencies are discovered in the quality of the work performed, the Customer has the right to correct deficiencies at the Contractor’s expense, subject to compliance with clause 5.2.6. actual agreement.
6.3. In case of delay in payment by stages, the Contractor suspends work until payment is made. In this case, the deadline for submitting subsequent stages is extended.
6.4. In case of delay in payment for the next stage, the Customer will be charged a fine of 1% of the payment amount for this stage, in accordance with clause 4.2. for every day of payment delay.
6.5. In case of downtime of the team due to the fault of the Customer (the site for construction work is not prepared, the foundation is not prepared, clause 5.2.2 of this Agreement is not fulfilled, delay in payment for the next stage of construction, and other reasons preventing the Contractor’s team from carrying out construction work), the Customer pays a fine in the amount of 1500 rubles. for every day of downtime. In case of downtime for more than 4 (four) days, the Contractor has the right to leave the construction site at the expense of the Customer (travel is paid by the Customer in the amount of 8,000 rubles), until the causes of downtime are eliminated, responsibility for the safety of the material in this case rests with the Customer.
6.6. In case of delay in payment of the last stage, the Customer will be charged a fine of 1% of the payment amount (in accordance with clause 4.2) for each day of delay in payment.
6.7. In the event of termination of the Agreement due to the fault of the Customer after the start of work under this Agreement (project development; inspection, site planning; assembly of building materials at the Contractor’s base, delivery of material, etc.), the actual costs of the Contractor are determined, which are paid by the Customer.
6.8. In the event of termination of the Agreement due to the fault of the Contractor, the Contractor undertakes to return the amount of money to the Customer as the difference between the payments made for the stages and the actual work performed.
6.9. In case of delay in completion of work under this Agreement, the Contractor will be charged a fine of 1% of the amount of uncompleted stages, in accordance with clause 4.2. for every day of construction delay.
VII. FORCE MAJEURE CIRCUMSTANCES
7.1. The Parties are released from liability for complete or partial failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances, which include: military events; sabotage and terrorist acts; decisions and actions of government bodies and organizations; natural phenomena, as well as other emergency and unavoidable circumstances.
7.2. The Party that does not fulfill its obligation must give notice to the other Party about the obstacle and its impact on the fulfillment of obligations under this Agreement.
7.3. If force majeure circumstances persist for three months and show no signs of termination, this Agreement may be terminated by the Customer or the Contractor by sending a notice to the other Party.
VIII. ADDITIONAL TERMS
8.1. If property is damaged (damaged), destroyed or not preserved, the Contractor is obliged to immediately notify the Customer in writing. The Contractor undertakes to ensure the safety of the materials and tools of the Customer used in the production of work, if any are provided by the Customer.
8.2. The Contractor is responsible for the Contractor's property and materials until the moment of delivery, acceptance and payment. The property becomes the property of the Customer after the completion of the acceptance certificate and mutual settlements.
8.3. In the event of unforeseen circumstances that prevent the Contractor from properly fulfilling its obligations under this Agreement, the Contractor immediately, in writing, notifies the Customer of this with confirmation of these circumstances, after which the Parties enter into an additional agreement on the procedures for eliminating the obstacles that have arisen and further fulfilling their obligations.
8.4. The customer additionally pays for the following work:
Transport services at the rate of 80 rubles per km for the vehicle's mileage over 80 km from the St. Petersburg Ring Road to the Customer's site.
Carrying building materials to the construction site, further than 30 meters.
Dismantling existing structures that impede construction work.
Any additional work is not included in the contract amount and is paid additionally by agreement of the parties.
8.5. When implementing this Agreement, each of the Parties undertakes to act in concert, avoiding any actions that could cause material damage to the Customer and the Contractor, as well as the business reputation of each Party.
8.6. From the moment of signing this agreement, all oral agreements, as well as electronic and fax messages, become invalid.
IX. CONTRACT TIME
9.1. The validity period of this agreement is established from the moment of signing this agreement until the fulfillment of all obligations under this agreement.
9.2. The start of construction is set from "___"____________________ 201__. Construction period - 1 (one) month (depending on the size of the structure).
X. WARRANTY
10.1. The construction is guaranteed for 12 months:
For roof leaks (does not apply to temporary roofs made of glassine, roofing felt or similar materials).
For structural integrity
10.2. Warranty obligations come into force from the moment of completion of work under the Contract and do not apply to damage caused by third parties or the Customer as a result of changes in the design and improper operation of the structure.
10.3. Warranty obligations do not apply to materials purchased by the Customer.
10.4. The warranty does not apply to such properties of the material as shrinkage, swelling of the material and the appearance of cracks (applies to wood material, since during its manufacture the structure of the tree is disrupted).
10.5. The warranty does not apply to foundations provided by the Customer (temporary, columnar, surface, strip, screw piles, etc.). The Contractor is not responsible for violation of the structural integrity of the structure or individual parts of the structure due to destruction, tilting, collapse, subsidence of the foundation, as well as improper manufacturing of the foundation provided by the Customer or temporary foundation.
10.6. Warranty obligations become invalid if the Customer, during the warranty period and during the construction of the structure, changes the design or technical and operational parameters of the constructed structure without agreement with the Contractor.
10.7. Warranty obligations are valid if the Customer has a copy of this agreement.
Moscow "___" ___________ 201_.
Citizen __________________________, acting on his own behalf, hereinafter referred to as the “Customer”, on the one hand
and citizen ___________________________, acting on his own behalf, hereinafter referred to as the “Contractor”, on the other hand, have concluded this Agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor undertakes to perform the following Work and deliver the result of the work to the Customer, and the Customer undertakes to accept the result of the work and pay for it: construction of a two-story residential building with total area _____ sq.m. The object is being built at the address:___________________________.
1.2. The work is performed at the Contractor's expense - from his materials, with his forces and means.
1.2.1. The Contractor is responsible for the inadequate quality of the materials and equipment provided by him, as well as for the provision of materials and equipment encumbered by the rights of third parties.
1.3. Validity period of this Agreement:
1.3.1. This comes into force from the moment it is signed and is valid until the parties fully fulfill their obligations.
1.4. The work is carried out in stages:
1.4.1. First stage: construction of the foundation.
1.4.2. Second stage: construction of the first floor.
1.4.3. Third stage: construction of the second floor.
1.4.4. Stage four: erection of the roof, interior and exterior decoration, installation of internal and external communications.
1.5. Time frame for completing the work:
1.5.1. First stage: construction of the foundation within 60 (sixty) calendar days from the date of signing this agreement.
1.5.2. The rest of the work until “___” ___________ 201_.
1.6. The work must meet the following requirements and scope:
1.6.1. The foundation is reinforced concrete (concrete grade not lower than M350, reinforcement with a diameter of 16-18 mm).
1.6.2. The walls must be erected from red solid brick of grade M150.
1.6.3. Roof: insulated metal tiles, insulation thickness not less than 200 mm.
1.6.4. Engineering communications: electrical installation of the whole house, wire diameter 2.5 mm.
1.6.5. Layout of heating pipes, polypropylene pipes.
1.6.6. Facade plaster, interior plaster.
1.6.7. The windows are plastic, double-chamber glazing, laminated oak on both sides, except for the windows in the kitchen.
1.6.8. Ventilation is natural.
1.6.9. Fireplace.
1.6.10. The foundation is waterproofed using Technonickel.
1.6.11. The façade of the house is decorated with decorative stone.
2. PRICE OF WORK. PAYMENT PROCEDURE UNDER THE AGREEMENT
2.1. The price of the work to be performed under this Agreement is ____________ (_____________ million _______________) rubles.
Payment is made in stages:
2.1.1. Advance payment for the first stage - 30% of the contract price, which amounts to ___________ (______ million ________________ thousand) rubles, is paid on the day of signing the contract by transferring cash in rubles to the Contractor against receipt.
2.1.2. Advance payment for the second stage - 40% of the contract price, which is _____________ (_____ million ______________ thousand) rubles, is paid on the day of signing the work completion certificate for the 1st stage by transferring cash in rubles to the Contractor against receipt.
2.1.3. Advance payment for the third stage - 10% of the contract price, which is ____________ (______________ thousand) rubles, is paid on the day of signing the work completion certificate for the 2nd stage by transferring cash in rubles to the Contractor against receipt.
2.1.4. Advance payment for the fourth stage - 10% of the contract price, which is __________ (______________ thousand) rubles, is paid on the day of signing the work completion certificate for the 3rd stage by transferring cash in rubles to the Contractor against receipt.
2.1.5. Payment for the fourth stage (final payment under the contract) - 10% of the contract price is _________ (_________________ thousand) rubles, paid on the day of signing the work completion certificate for the 4th stage (final work completion certificate for the entire contract) by transferring cash to the Contractor funds in rubles against receipt.
2.1.6. The price of work under this Contract includes compensation for all the Contractor's costs (purchase of construction materials, settlements with third parties, etc.) and the remuneration due to him.
2.2. If the Contractor's actual expenses turned out to be less than those taken into account when determining the price of the work, the Contractor has the right to pay for the work at the price specified in clause 2.1 of this Agreement, unless the Customer proves that the savings received by the Contractor affected the quality of the work performed.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor:
3.1.1. - bears the risk of accidental loss or accidental damage to materials and equipment;
3.1.2. - bears the risk of accidental death or accidental damage to the result of the work performed before its acceptance by the Customer.
3.2. The Contractor is obliged to immediately warn the Customer about circumstances beyond the Contractor’s control that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
3.3. The Contractor has the right to suspend work or refuse to perform work unilaterally if the Customer fails to comply with the terms of payment of funds provided for in clauses 2.1.1.-2.1.4. of this agreement will be 10 (ten) or more calendar days.
3.4. The penalty for late payment of funds is 1% (one percent) of the amount unpaid by the Customer to the Contractor for each day of violation of the payment terms provided for in clauses 2.1.1.-2.1.4. on the day of actual payment.
3.5. The customer has the right:
3.5.1. - check the progress and quality of work performed by the Contractor without interfering with his activities.
4. ACCEPTANCE BY THE CUSTOMER OF THE WORK PERFORMED BY THE CONTRACTOR
4.1. The Customer is obliged, within the time frame and in the manner provided for in this contract, with the participation of the Contractor, to inspect and accept the work performed (its result) according to the work completion certificate.
4.2. Acceptance of the work result is carried out within 3 (three) calendar days from the date the Customer receives from the Contractor a notification that the work result is ready for delivery.
4.3. A customer who discovers shortcomings in the work upon acceptance has the right to refer to them only in cases where these shortcomings or the possibility of subsequent submission of a demand for their elimination were specified in the work completion certificate.
4.4. A customer who accepts a work without checking is deprived of the right to refer to defects in the work that could have been identified during the usual method of accepting it (obvious defects).
4.5. The Customer, who discovers, after acceptance of the work, deviations from this Agreement or other defects that could not be identified using the usual method of acceptance (hidden defects), including those that were deliberately hidden by the Contractor, is obliged to notify the Contractor about this within a reasonable time after their discovery .
4.6. The Contractor has the right to send the certificate(s) of completed work to the Customer’s address specified in clause 7 of this agreement. Upon receipt of the work completion certificate, the Customer is obliged to sign it or send reasoned objections to the Contractor. If within 3 (three) calendar days after receiving the act the Customer does not send motivated objections to the Contractor, then the work is considered accepted in full and of proper quality.
AGREEMENT No.___________
Moscow "__"____________ 201_
Limited Liability Company ___________________, hereinafter referred to as the “Contractor”, acting on the basis of the State Registration Certificate ________________, on the one hand, and ___________ ____________ ____________, hereinafter referred to as the “Customer”, on the other hand, collectively referred to as the “Parties” » , have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to carry out the work on the instructions of the Customer (hereinafter referred to as the Work), in accordance with the sketch drawings (Appendix No. 1), paragraphs 9 and 10 of this Agreement and hand over the result to the Customer, and the Customer undertakes to create the necessary conditions for the Contractor to perform the work and accept the result of the Work and pay it in accordance with clause 4 of this Agreement.
1.2. The Contractor undertakes to perform the Work on the Customer’s land plot (hereinafter referred to as the location of the Work) in accordance with Appendix No. 2 (Plan for linking the result of work on the site).
2. WORK LOCATION AND TRANSPORT SERVICES
The Customer is obliged to ensure that the Contractor's vehicles (non-off-road vehicles) can access directly to the site of the Work.
2.1. Address of the Work site: _______________________w _______km
2.2. The exact location of the Work is determined by the Customer independently immediately before the start of the Work.
2.3. Delivery of materials, machinery, people and equipment necessary to perform the Work (hereinafter referred to as Transport Services) is carried out at the expense of the Customer (delivery from the Contractor’s construction site to the Customer’s site) according to the distance at the rate of 75 rubles/km, for each unit of equipment, payment performed on site by the Contractor.
2.4. “Distance” means the actual distance traveled by the Contractor’s vehicles required to travel to the Work site on public roads.
2.5. The cost of the additional distance is not included in the Contract price specified in clause 4.1. of this Agreement and is paid together with the payment for the stage specified in clause 4.2.2.1. Agreement.
3. CONDITIONS OF WORK PRODUCTION
3.1. The customer provides:
3.1.1. Construction site with electricity sufficient for the functioning of construction and the life of workers (3 kW, 220V / 50 hertz).
3.1.2. Unobstructed access routes for unloading and storing material in the immediate vicinity of the construction site no more than 15 (fifteen) meters or pay the Contractor for transporting building materials to the construction site in the amount of 20 (twenty) rubles per 1 (one) meter per 1 m3 (one) cubic meter . Responsibility for clearing the road in winter lies with the Customer.
3.1.3. Unobstructed access paths for special equipment for pouring concrete close to the pouring site. If it is impossible to fulfill this point, pay for concrete pump services at the agreed price.
3.1.4. Unimpeded access to the construction site for workers, company employees and construction equipment.
3.1.5. Accommodation for workers.
3.2. The electricity required for construction work and workers’ accommodation is paid by the Customer.
3.3. The Customer determines the boundaries of his land plot, the location of the Work result, and draws up a drawing that indicates the connection of the Work result to the area in Appendix No. 2.
3.4. The Contractor provides:
3.4.1. Purchase and availability of building materials of appropriate quality for the production of a log house (unless otherwise specified in clause 9 of this Agreement) and bears all costs for replacing or repairing defective material identified by the Customer upon acceptance.
3.4.2. Food for workers.
3.4.3. Availability of the necessary equipment and tools for construction and installation work (electric saws, saw chains, axes, tape measures, drills, tension belts, nail pullers, etc.).
3.4.4. Completion of all work to the extent and within the time limits provided for in this agreement.
3.4.5. Carrying out work in full compliance with sketch drawings (Appendix No. 1) and building codes and regulations (SNiP).
3.4.6. Carrying out the necessary safety measures at the construction site, protecting the environment, green spaces and land during the work.
3.4.7. Safety of the result of the work performed until it is transferred to the Customer.
3.2.8. Removal, within a week from the date of signing the work acceptance certificate, from the construction site, construction machinery and equipment belonging to him, vehicles, tools, devices, inventory, building materials, products.
4. PRICE AND PAYMENT PROCEDURE
4.1. The Work performed in accordance with clause 1.1 of this Agreement is paid for at the price agreed upon by the Customer and the Contractor in accordance with the estimate drawn up in Appendix No. 3 to this Agreement and amounts to __________ (_______________) rubles ___ kopecks.
The contract price of the Work remains unchanged during the validity of this Agreement.
4.2. Payment is made in stages in the following order:
4.2.1. Before the start of work, the Customer makes an advance payment in the amount of 70% (seventy percent), which is ____________ (seven hundred seventy thousand) rubles 00 kopecks, in accordance with the Payment Schedule (Appendix No. 4), for the Contractor’s purchase of timber, building materials, inter-crown insulation to perform the work specified in clause 1.1. against this agreement.
4.2.2. Payment of the remaining amount under the Agreement is made in accordance with the Payment Schedule (Appendix No. 4) to this Agreement within 2 business days after notifying the Customer about the completion of the work.
4.3. Additional work and services (work not specified in clause 1.1 of this Agreement) are paid by the Customer along with payment for the stage specified in clause 4.2.2. actual agreement.
4.4. Payment for the Work is made by bank transfer and cash by depositing the amounts specified in this Agreement by the Customer into the Contractor's bank account or cash desk.
5. DATES OF COMPLETION AND DELIVERY AND ACCEPTANCE OF WORK
5.1. The completion date for the Work is no later than “__”________ 2013.
5.2. After the Contractor has inspected the Work site, the completion dates for the work under this Agreement may be changed by agreement of the Parties.
5.3. The date of completion of the Work under this agreement is the date of signing by the Parties of the Acceptance Certificate for completed work.
5.4. The Customer is obliged to accept the completed Work within 3 (Three) working days after his notification of completion of the Work. The Contractor notifies the Customer about the completion of the Work via the provided telephone numbers or by registered mail to the address specified by the Customer in the Contract. If it is impossible to accept the completed Work on time, the Customer is obliged to notify the Contractor in writing no later than 10 (Ten) days before the deadline specified in clause 5.1. Agreement.
5.5. If any defects are discovered during the acceptance and delivery of the Work result, the Customer is obliged to immediately report this. Detected deficiencies are reflected in the acceptance certificate for the completed Work, and the report is signed by the parties. After this, the Contractor eliminates the deficiencies within the time period agreed with the Customer.
5.6. In the event of an unmotivated refusal to sign the Acceptance Certificate for completed Work, the Customer makes a note about this in the act, and the act is signed by the Contractor. From this moment the Work is considered accepted by the Customer.
5.7. The Customer, who has previously accepted the result of a separate stage of work, bears the risk of the consequences of death or damage to the result of work, which did not occur through the fault of the Contractor.
5.8. The Contractor reserves the right to unilaterally extend the completion date of work by no more than thirty calendar days, having previously notified the Customer.
6. RESPONSIBILITY OF THE PARTIES
6.1. In case of delay in payment sums of money specified in the Agreement, the Customer pays a fine of 0.5% (Zero point five percent) of the amount of non-payment for each day of delay in payment, but not more than 5% (Five percent) of the amount specified in clause 4.1. actual agreement.
6.2. If the Customer delays payment for the next stage specified in clause 4.2. of the Agreement and (or) at the request of the Customer, the Contractor has the right to suspend the execution of Work under this Agreement with attribution of losses caused by the downtime of the team to the Customer’s account. Losses are determined at the rate of 3,000 (Three thousand) rubles for each day of suspension of the Work.
6.3. In the event of termination of the Agreement, the Customer shall pay the cost of the Work actually completed. In this case, the cost of inspecting the Customer’s site and developing preliminary drawings is 6,000 (Six thousand) rubles.
6.4. In case of termination of this Agreement, the Contractor returns to the Customer the deposited cash minus the cost of the actual work performed.
6.5. In case of delay in completion of Work under this Agreement, the Contractor shall pay a fine of 3% (Three percent) of the amount of uncompleted Work for each day of delay in completion of Work, but not more than 100% (One hundred percent) of the amount specified in clause 4.1. actual agreement
6.6. Payment of the fine does not relieve the Parties from fulfilling their obligations under this Agreement and eliminating any violations committed.
6.7. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures (force majeure).
6.8. The Customer is responsible for the ability of the Contractor's vehicles to travel to the Customer's site, and bears the costs of obtaining the necessary permits (if necessary), restoring the road surface in case of damage caused by the Contractor's vehicles, clearing access roads, and using special equipment to tow the Contractor's vehicles.
6.9. The customer is required to sign all appendices to this agreement before the start of work. If the Customer does not sign the annexes, the contractor has the right to suspend this agreement or revise the deadline for completing work under this agreement.
7. TERM, CHANGE AND TERMINATION OF THE AGREEMENT
7.1. This Agreement comes into force from the moment the Customer makes an advance payment in accordance with clause 4.2.1. of this Agreement and is valid until the Parties fulfill all their obligations.
7.2. Changes and termination of this Agreement are made only by agreement of the Parties.
7.3. Unilateral refusal to execute this Agreement is not permitted except as provided by law or this Agreement. Notification of termination of the Agreement must be made no less than thirty days before the date of termination of the Agreement
7.4. In the event of termination of this Agreement, the Parties will immediately make efforts to reach a settlement of the issue of the total amount to which the Contractor is entitled in connection with the actual volume of work performed.
7.5. The Contractor may terminate this Agreement unilaterally in the following cases:
7.5.1. Revealed unforeseen technical impossibility to complete the Work.
7.5.2. Impossibility of vehicle access to the Work site.
7.5.3. The need for the Contractor to carry out additional work not specified in clause 1.1 of the Agreement.
7.5.4. Failure by the Customer to comply with the terms of payment of the amounts specified in the Agreement, as well as violation by the Customer of obligations under the Agreement preventing the execution of the Agreement,
7.5.5. A significant (more than 15% (Fifteen) percent) increase in the cost of performing the Work for the Contractor.
7.6. Each party has the right to terminate the Agreement early by sending a notice to the other Party if force majeure circumstances persist for three months.
7.7. All disputes and disagreements are resolved by the Parties through negotiations.
7.8. In the event of litigation between the Parties, the case shall be considered in court at the location of the Contractor.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The performer is obliged:
8.1.1. Perform all Work specified in this Agreement in full and within the time limits provided for in this Agreement.
8.1.2. Inform the Customer about the time of acceptance of the Work.
8.1.3. Eliminate deficiencies identified during acceptance of the Work.
8.1.4. Hand over the completed Work to the Customer.
8.2. The performer has the right:
8.2.1. Submit the work ahead of schedule.
8.2.2. Replace materials used in construction with similar ones in properties and quality (as agreed with the Customer).
8.2.3. Require the Customer to be present when selecting materials.
8.2.4. Involve subcontractors in the production of the Work.
8.2.5. Independently determine the start date and procedure for carrying out the Work
8.3. The customer is obliged:
8.3.1. Agree with the Contractor on the documentation necessary for the execution of the Work.
8.3.2. Accept and pay for completed Work in a timely manner.
8.3.3. In case of early completion of the Work, the Contractor shall accept the work ahead of schedule.
8.3.4. Immediately inform the Contractor about all changes that may affect the performance of the Work under this Agreement.
8.3.5. Accept hidden Work in a timely manner. In case of failure to appear within the agreed period, access to hidden Work is carried out at the expense of the Customer.
8.3.6. Inform the Contractor in writing about deviations from the terms of the Agreement or other shortcomings discovered by him during the production and acceptance of the Work.
8.3.7. Independently draw up and bear full responsibility for the availability of documents confirming the right of ownership, use and disposal land plot specified in clause 2.2. actual agreement.
8.3.8. Independently draw up and bear full responsibility for the availability of documents drawn up in accordance with current legislation, necessary for the execution of the Work, commissioning and operation of the result of the Work, including those necessary for construction and installation work, mandatory approvals and decisions regarding installation and operation of the completed Work.
8.3.9. Independently draw up and bear full responsibility for agreeing with third parties on the progress and results of the Work.
8.3.10. Independently bear full responsibility for the correct determination of the location of the Work and the location of the result of the Work on the land plot.
8.3.11. Ensure the Contractor's unimpeded access to the Work site during the entire construction period. Subject to the paid entry of the Contractor's equipment to the site of the Work, the Customer pays these costs.
8.4. The customer has the right:
8.4.1. Supervise the progress and quality of the Work both personally and through your authorized representative; suspend work if deviations from the terms of the Agreement are detected with mandatory immediate notification of this to the Contractor. In the event of an unjustified suspension of work by the Customer, the Contractor has the right to unilaterally extend the term of the Agreement and demand compensation for all losses incurred.
8.4.2. Involve other contractors to carry out engineering work at the site (in agreement with the Contractor), only if their work does not create obstacles to the normal work of the Contractor.
8.4.3. The Customer has the right to act through the Authorized Representative specified in clause 15 of the Agreement. The authorized representative has all the rights and obligations that the Customer has under this Agreement.
9. TECHNICAL CONDITIONS FOR CONSTRUCTION WORK
(SAMPLE, using the example of one of the contracts)
The work is carried out in accordance with the attached drawings using the existing technology of the Contractor.
9.1. Foundation type:
9.1.1. Strip reinforced monolithic concrete, not buried on a sand bed. The height of the subfloor separation from the ground level is at least 500 mm. The section of the tape is 30x50 (height) cm. Longitudinal reinforcement - d 12mm, strapping - 6mm.
The blind area is not performed.
The foundation is not finished.
The foundation walls are not waterproofed.
The role of vents is performed by the spaces between the spacer beams (logs)
Ventilation is carried out in the foundation.
Waterproofing between the spacer beam (log) and the foundation is two layers of roofing felt.
The thickness of the sand cushion is 300 mm.
The grade of concrete used is not lower than M300.
The soil is not waterproofed.
The foundation for the furnace is being built - a monolithic reinforced concrete slab 1200x1200x250 mm. on a sand bed.
9.2. Material of main walls, pediments and internal partitions: The main walls of the first floor are made from rounded logs 160 mm long. The main partition of the first floor is made of planed timber 100x150 mm. (wall thickness 100 mm.). The main partition of the first floor is made of rounded logs 160 mm in diameter. The gables and internal partitions are frame, insulated, sheathed on both sides with clapboard.
The crowns are assembled on wooden dowels with a diameter of 14 mm.
A dowel is cut into window and door openings and into the ends of walls. The gap between the end of the wall and the door (window) frame is 30 - 50 mm.
Tolerance on the geometric parameters of the timber is +/- 10 mm. (in width and height).
Tolerance for the geometric parameters of a rounded log is +/- 10 mm. (by diameter).
Tolerance for the geometric parameters of the log house is +/- 50 mm. along the length of each side.
Longitudinal non-through cracks are allowed in timber and logs.
The deviation of the timber (log) wall from the vertical is no more than 2%.
Timber (log) - not sanded.
The beam (log) is made of coniferous trees. wood species (spruce and pine).
9.2.1. The tow is tapped by the Performer, but not caulked.
9.2.2. The crowns are laid on a jute fabric.
The jute fabric is attached to the crowns with metal clips.
Note: The customer needs to caulk the log house after 1-1.5 years, because... Due to shrinkage of wood and compaction of thermal insulation materials, the log house shrinks within 1-1.5 years after construction. Wood shrinkage, as a rule, occurs unevenly, as a result of which gaps can form between the crowns in the log house.
9.2.3. Cutting corners is done in a “tenon” manner.
9.3. Power structures: The logs are made of 50x150 mm boards. in increments of 500 mm. The rafters are made from boards 50x150 mm. in increments of 1000 mm. The frames of the gables and partitions are made of 40x100 mm boards. in increments of 1000 mm.
Building material with natural moisture content (darkening or discoloration is allowed).
The subfloor is made from unedged boards 16-20 mm thick. The subfloor is laid on skull blocks nailed to the joists. One layer of roofing felt is laid on the subfloor, and insulation is laid on top of the roofing felt.
Metal jacks are installed on the racks of the terrace and balcony (to compensate the customer for the shrinkage of the log house during operation). The staircase is made of 150x50 boards: railings are made of 100x25 mm boards, racks are made of 40x40 mm timber.
9.4. Roof (waterproofing):
Galvanized corrugated sheet.
The sheathing is not continuous, made of unedged boards 20mm thick with a pitch of 400mm.
Waterproofing is not carried out.
Metal tiles.
Metal tiles and waterproofing are purchased by the Customer and laid by the Contractor. The lathing is not continuous with a pitch of 300 mm. (with flooring made of anti-condensation film). A 50x50 mm block is sewn along the rafters, then a counter-lattice is made with a step under the metal tile. The lathing is made from half-edged boards 25 mm thick.
Ondulin. The sheathing is not continuous, made of unedged boards 20 mm thick. with a pitch of 250 mm.
9.5. Window units with double frames and double glazing
(inspected by the Customer): 1050x1060 mm. opening.
9.5. PVC window blocks are paid for under a separate agreement.
To install a window block (double-glazed window), a box (attached to a key) made of planed board 50 mm thick is installed in the window opening. (the box is installed with a guaranteed top clearance).
9.6. Door blocks (inspected by the Customer):
2100x900 mm. paneled.
2000x900 mm. MDF (beech color)
Steel fittings without coating.
9.7. Insulation: Mineral wool ("URSA"), 50mm thick.
Insulated:
Floor, ceiling of the first floor.
Attic.
Pediments.
The vapor barrier is made of glassine.
Waterproofing is made of glassine.
The roofing of balconies and canopies, the floors of balconies and terraces are not insulated.
9.8. Interior finishing: (finishing materials, lining and floorboard parameters).
The following is lined with clapboard:
First floor ceiling.
Frame partitions of the first and second floors.
Attic.
Pediments.
The log house and main walls are not sheathed with clapboards from the outside and inside.
The floors are not scraped.
Log (timber), floorboard - natural humidity (up to 50%)..
Lining - forced drying, not sanded. The number of knots is not standardized (lost knots and core stains are allowed).
A coniferous plinth is nailed to the joints of the corners of the walls, ceiling and floor.
The thickness of the floorboard is 35 mm. (tongue-and-groove floorboard). It is laid using the “under the batten” method (every fifth board is attached with self-tapping screws). The number of knots is not standardized (lost knots are allowed).
The thickness of the lining is 12.5-16 mm. (tongue-and-groove lining). It is nailed with galvanized nails not into the tongue and groove.
The contractor reserves the right to clapboard the attic either horizontally or vertically. It is possible to use lining of various sizes in individual rooms.
Window sills are not installed.
Balusters - carved (nailed)
The terrace fencing is made of picket fence.
The casing is figured from cotton. wood species.
Wooden entrance steps are being built.
9.9. Ceiling height:
1st floor - 2.5 m. (+/- 5 cm.)
2nd floor - 2.4 m. (+/- 5 cm.)
9.10. The subfloor, first floor logs, first crown and rafters are covered with an antiseptic in one layer.
9.11. Allowed docking:
Beams (logs) along the entire perimeter of the walls of the house.
Linings on each wall and ceiling in a separate room.
Floorboards in every room
10. ADDITIONS
10.2. The outside of the house is covered in one layer with "SENEZH" (pine color).
10.3. The house has open-type internal electrical wiring.
10.4. The entrance door is metal, lined with clapboard inside, according to the sample (inspected by the Customer).
10.7. The Contractor installs the drainage system purchased by the Customer. The cost of work is 50% of the cost of the drainage system.
10.8. A blind area is made along the outer perimeter of the foundation. A concrete strip is made, reinforced with a metal mesh 800 mm wide. thickness 50-100 mm. The thickness of the sand cushion is 300 mm.
10.9. Along the outer perimeter of the foundation, flashings are made of galvanized metal sheets 300 mm wide.
11. WARRANTY
11.1. The warranty period for the completed Work and materials is 60 (Sixty) months from the date of signing the Acceptance Certificate for the execution of work under this Agreement, subject to the Customer's compliance with the operating rules and recommendations specified in clause 13. actual agreement.
11.2. During the warranty period, the Contractor is responsible for defects in the completed Work.
11.3. Warranty obligations do not apply to:
11.3.1. Columnar surface foundations.
11.3.2. Temporary roofs made of glassine, roofing felt or similar materials.
11.3.3. Drying of aspen lining in the steam room and on homemade doors.
11.3.4. Materials purchased by the Customer.
11.4. Warranty obligations become invalid if the Customer, during the warranty period, changes the design or technical and operational parameters of the constructed structure.
11.5. Warranty obligations do not apply to damage caused by third parties or the Customer, as well as to damage resulting from improper operation.
12. ADDITIONAL TERMS
12.1. The Contractor does not perform work not provided for in this Agreement.
12.2. After concluding the Contract, the Contractor inspects the Customer’s site; if it is impossible to transport materials for the execution of the Work, the terms of the Contract are revised.
12.3. The Contractor removes building materials remaining after construction from the Customer’s site. Construction materials are initially shipped with a reserve for technological waste.
12.4. The Contractor does not remove the Customer from the site construction garbage and soil formed as a result of the Work (unless this is specifically specified in the Contract).
12.5. The contractor does not carry out work to coordinate the project (architectural solution, placement of the building on the site, communications, etc.) with state and municipal authorities and third parties and commissioning, and is not responsible for this.
12.6. The Contractor does not carry out work on planning the Customer's site.
12.7. At the Customer's request, the Contractor may provide assistance in purchasing materials that the Contractor does not have, but the Contractor is not responsible for the quality and performance characteristics of these materials.
12.8. If the Customer, in the process of performing work under this Agreement, undertakes the supply of individual materials or equipment, then he is obliged to agree with the Contractor the amount (prior to the delivery of these materials) by which the cost of the Agreement is reduced.
12.9. The dimensions and design solutions agreed upon with the Customer are mandatory for the Contractor, regardless of any deviations from SNiPs, GOSTs and other standards, and cannot serve as a reason for refusal to accept the work performed.
12.10. The Customer's ownership of the completed Work arises at the time of full payment for the completed Work.
12.11. Colors, shades, patterns and textures of wooden and paintwork products may differ from samples and are not a defect, but are associated only with the properties of natural materials.
12.12. The customer has no right:
12.12.1. Interfere with the activities of the Contractor.
12.12.2. Engage the Contractor's employees to perform any work not provided for in this Agreement.
12.13. The subject of the Agreement does not include, and the Parties must additionally agree on, and the Customer additionally pays for, the following work:
12.13.1. Changing the design (parameters) of the foundation (additional set of foundation blocks; increasing the section of the tape; changing the depth of the foundation; increasing the volume of concrete work due to height differences on the site) the cost of increasing the contract is calculated as the cost of concrete with delivery + 100% (work, formwork, fittings).
12.13.2. Fundamental design change
12.13.3. Clearing access roads to the Customer's site.
12.13.4. Carrying construction materials to the work site further than 15 (Fifteen) meters from the parking area of vehicles. The cost of transporting building materials to the construction site is 20 (twenty) rubles per 1 (one) meter per 1 m3 (one) cubic meter.
12.13.5. Dismantling of the Customer's existing structures that impede the execution of the Work.
12.13.6. Stump removal, tree removal.
12.13.7. Repair of existing foundations.
12.13.8. Garbage removal. The cost is 2% (Two percent) of the price specified in clause 4.1. Agreement, but not less than 5,000 (Five thousand) rubles.
12.13.9. All additional types of work are documented in an additional agreement. The additional agreement is paid before the start of these works; in case of non-payment of this agreement, the Contractor suspends work under this agreement with attribution of losses in the amount of 2,000 (two thousand) rubles per crew member per day. The Contractor postpones the completion date of the work for the period of suspension of work under this agreement.
13. OPERATING REQUIREMENTS
In order to improve the operational characteristics of the structure and increase its service life, the Customer must independently perform the following work:
13.1. Paint the outside of wooden products with a moisture-protective composition (performed at an ambient temperature of at least +5 degrees Celsius).
13.2. Not earlier than 12 months from the date of construction, perform the following work:
13.2.1. make a blind area along the entire outer perimeter of the foundation.
13.2.2. build a drainage system.
13.2.3. screed the floors.
13.2.4. eliminate technological gaps above door and window frames (lay insulation or soft sealant).
13.3. Due to the use of atmospheric drying wall material in construction, increased air humidity is observed inside the constructed structure. To avoid damage to wall and finishing materials (timbers, logs, floorboards, linings, carpentry), it is necessary to provide the necessary natural ventilation for at least the first month after the construction of the house. To do this, you must keep all doors and windows open. If natural ventilation is insufficient, the wall material may darken (the appearance of rot), and the lining may “swell” (the lining picks up moisture from the wall material); deformation of the joinery (the joinery picks up moisture from the wall material).
13.4. After 1-1.5 years, the log house must be caulked, since due to shrinkage of the wood and compaction of thermal insulation materials, the log house shrinks within 1-1.5 years after construction. Wood shrinkage, as a rule, occurs unevenly, as a result of which gaps can form between the crowns in the log house.
14. FINAL PROVISIONS
14.1. This agreement is drawn up in two copies having equal legal force for each of the Parties.
14.2. All Appendices to this Agreement are an integral part of it.
14.3. Applications:
14.3.1. Appendix No. 1 - Sketch drawings.
14.3.2. Appendix No. 2 - Plan for linking the results of work on the site.
14.3.3. Appendix No. 3 - Estimate calculation.
14.3.4. Appendix No. 4 - Schedule of work and payments under the contract.
15. ADDRESSES AND DETAILS OF THE PARTIES:
EXECUTOR:
__________________________________
OGRN _____________________________
Certificate of state registration series __ No. ______________
TIN ______________________________
Legal address: _________________
Telephone: __________________________
Email: ____________________________
CUSTOMER:
FULL NAME_______________________________
Passport____________________________
Location ___________________
Telephone____________________________
Signature ___________________________
