Standard contract for the reconstruction of a country house. Contract for the construction of a wooden house (a bathhouse made of timber, a country house made of timber)

For many Russian citizens, the issue of buying their own home is very pressing. Some people enter into agreements with their wealthy relatives who personally own several properties. Other citizens prefer to solve the housing issue more radically. They are engaged in individual construction, thanks to which they get the opportunity to live in their own home.

Having gained experience by independently performing various construction and installation works, some developers are trying, which, if things are going well, can bring quite a significant profit. Before coming up with a brand, the future businessman must, and after that, begin registration activities. When planning to engage in business, individuals must solve the problem of transport, which will supply materials to construction sites. In this case, the problem can be eliminated in the following way - to conclude a contract with an individual entrepreneur or a commercial company engaged in transportation.

Contracts for the construction of a house between legal entities and individuals (+ samples)

A house construction contract (a sample is offered by the contractor as an option) is a document by which the parties regulate the civil legal aspects of the transaction. Individuals and legal entities very often enter into such an agreement, allowing them to avoid the unpleasant moments associated with construction. When drawing up such a document, the customer must first check the availability of permits from the contractor. If he does not have the appropriate licenses, certificates and other certificates, he provides construction and installation services illegally.

The contract for the construction of a house is regulated by the Civil Code of the Russian Federation (Articles 740-757). Parties who plan to sign such an agreement must rely on the following regulations:

• Building regulations;
• Town Planning Code;
• Building codes;
• Federal laws governing the procedure for registering real estate, etc.

Basic provisions of the contract for the construction of a residential building

A contract for the construction of a house (a sample can be obtained from a lawyer) must have mandatory clauses that describe the procedure for carrying out the work, the timing of its completion, the rules for making payments, etc. When drawing up an agreement, individuals and legal entities must not ignore the following points:

1. Item. This paragraph should describe the property that the company undertakes to build according to the client’s order. If finishing work is envisaged in the residential and technical areas of the house, then this must be described in the contract. All work that the construction company will perform must be listed in this paragraph. It is mandatory to indicate the address where the construction of a residential building is planned. This paragraph, in a separate subparagraph, must contain information regarding which of the parties will be involved in drawing up project documentation and developing estimates. As a rule, all technical documents are prepared by the contractor and then submitted to the customer for approval. In accordance with the regulations of Article 744 of the Civil Code of Russia, customers have the right to make almost any changes to technical documents, but provided that they do not contradict the conditions stipulated in the contract.
2. Procedure and deadlines. In this clause of the contract for the construction of a house, the parties must indicate the exact dates for the start and completion of work. All stages of construction are also described. Ideally, if the agreement contains a specific date on which the act of acceptance and transfer of construction and installation work will be signed between an individual and a legal entity. This section of the agreement serves to regulate the issue regarding materials and equipment that will be used in the construction of the property. If the customer wishes, he can independently search, purchase and deliver materials and consumables to the construction site. To do this, you can use or contact a specialized retail outlet.

Advice: the contractor, after signing a contract with an individual, assumes full responsibility regarding the safety of materials and the object being built. Until the signing of the relevant act, it is the contractor who will, at his own expense, carry out repairs and restoration of all damaged property.

How is payment and acceptance and delivery of completed work carried out?

As soon as the contractor completes the last stage of construction and installation work stipulated by the contract, he must notify the customer that the facility is fully ready (Article 753 of the Civil Code of the Russian Federation). An individual who has received good news from the contractor is obliged to immediately begin the process of accepting work.

Regarding the issue of payment. Even in the process of drawing up a contract for the construction of a residential building, the parties must discuss all the points relating to the procedure for paying for construction and installation work. They could agree on the following (a payment schedule is usually drawn up between the parties, which is an integral part of the agreement):

• the customer makes an advance payment;
• the client pays the entire amount according to the estimate after signing the act;
• an individual transfers funds to a legal entity after completion of each stage of construction.

When the constructed property is handed over to the customer, the construction company hands over the acceptance certificate for construction and installation work to the customer for signature. After the parties have signed this document, it will be considered that the work specified in the contract has been fully completed. Despite this, the contractor is not relieved of responsibility to fully fulfill its obligations under the terms of the agreement.

What liability can the parties bear?

A contract for the construction of a house, which is concluded between an individual and a legal entity, is a document regulating the rights and obligations of the parties, as well as defining their mutual responsibilities. In this agreement, the customer and the contractor may provide for penalties for violation of the terms of the contract. For example, for late payment for work performed, a construction company may impose a fine on the client, the amount of which will be equal to 0.10% of the debt. It is worth noting that any financial penalties that will be applied by the parties must be documented in appropriate documents (protocols).

Not only the customer who violates the payment regime may be subject to penalties. A contractor who fails to meet the agreed deadlines is subject to a “ruble” penalty. As a rule, a financial penalty is applied to it in the amount of 0.10% of the total amount of construction and installation work under the contract (for each day of delay).

Advice: if the reason for failure to fulfill the terms of the contract was force majeure circumstances specified in the contract, then no fines or penalties are applied to those responsible.

How are conflict situations between the parties resolved?

If any problems arise between an individual and a legal entity who have entered into a contract for the construction of a house and they cannot find a compromise, then their solution must be transferred to the legal plane. The injured party prepares a statement of claim and submits it to the court at the location of the construction site. As evidence, a contract signed by the customer and the contractor, as well as an official conclusion of an independent expert (if the contractor violated construction standards), can be presented.

Advice: if during the construction and installation work the parties need to make changes to the contract, they must draw up an annex that will have legal force and be an integral part of the agreement.

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If a Russian citizen decides to build a residential building, but has no idea how to carry out such work, he can turn to a specialized company. An agreement for the construction of a house must be concluded between the parties, by which an individual and a legal entity will regulate their civil legal relations. After completing the process of constructing a residential property, the customer and the contractor sign the act. If the client has any complaints, he may not sign this document until the contractor eliminates all identified defects.

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The page shows, current in 2019, Form of a contract for the construction of an individual residential building, concluded between a legal entity and an individual. You can download it at any time in .doc, .rtf or .pdf format; the document file size is 18.7 kb.

1. Subject of the agreement
2. Cost of work and payment procedure
3. Work order
4. Responsibility of the parties
5. Obligations of the parties
6. Warranty
7. Early dissolution
8. Grounds for exemption from liability
9. Settlement of disputes
10. Other conditions
11. Legal addresses and bank details of the parties
12. Signatures of the parties

CONTRACT AGREEMENT for the construction of an individual residential building

G. _______________

"_____" _______________ 2016

______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as “ Contractor", on the one hand, and Citizen ______________________________, passport: series __________, No. __________, issued by ____________________, residing at the address: ______________________________, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, in accordance with the project of an individual residential building (hereinafter referred to as the Project) and the Technical Specifications (Appendix No. 2), to carry out the construction of an individual residential building (hereinafter referred to as the Work) located at the address: ______________________________ (hereinafter referred to as the Object), and the Customer undertakes to accept and pay for the Work in in accordance with clause 2.1 of this Agreement.

1.2. The materials necessary to perform the Work are supplied by the Contractor at the cost specified in this Agreement.

2. COST OF WORK AND PAYMENT PROCEDURE

2.1. The cost of the Work, broken down by stages of the Work, is indicated in Appendix No. 1 to this Agreement and amounts to __________ rubles of the Russian Federation. From the moment of signing this Agreement, the specified cost is considered fixed and can be increased only if changes are made to the Project.

2.2. Payment for the Work is carried out by the Customer in stages, in the following order:

2.2.1. The advance payment for each Stage, in the amount of 80% of the cost of this Stage, is paid by the Customer within __________ calendar days within __________ calendar days from the date of receipt from the Contractor of notification of readiness to begin work on this Stage.

2.2.2. The Customer pays the additional payment for each Stage, in the amount of __________% of the cost of this Stage, within __________ calendar days from the date of completion of work on the Stage.

2.3. All calculations are made in Russian rubles.

2.4. In case of violation of the payment schedule by the Customer, the Contractor has the right to suspend work for a period equal to the time of delay in payment.

3. ORDER OF WORK

3.1. The contractor begins work within __________ calendar days from the date of payment of the advance payment for the first stage.

3.2. The deadline for completing work at each stage is indicated in Appendix No. 1. In case of early completion of the Work by the Contractor, the Customer is obliged to accept and pay for the completed Work in accordance with clause 2.2.

3.3. Upon completion of the work under the Contract, the Contractor shall provide the Customer with an acceptance certificate for the completed Work.

3.4. The Customer, within __________ working days, is obliged to sign the acceptance certificate for the completed work or send a reasoned written refusal indicating specific comments on the completed Work. If within the specified period the Customer does not sign the acceptance certificate for the completed work or does not send a reasoned refusal, the Work is considered accepted and is subject to payment.

3.5. 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 Customer, are carried out at the expense of the Customer, in excess of the cost specified in clause 2.1 of this Agreement. Modifications, the need for which arose through the fault of the Contractor, are carried out at the Contractor's expense.

3.6. In the event of early termination of this Agreement, the Parties are obliged, within __________ calendar days from the date of termination of work, to draw up a bilateral report on the completed part of the work and the actual costs incurred by the Contractor.

4. RESPONSIBILITY OF THE PARTIES

4.1. Until the signing of the acceptance certificate for the work performed under the Contract, the Contractor is responsible for the safety of material assets at the construction site.

4.2. The parties are responsible for failure to fulfill their obligations under this Agreement in accordance with the legislation of the Russian Federation.

4.3. In case of untimely fulfillment of its obligations under the Agreement, the guilty party shall pay the other party a penalty in the amount of __________% of the value of the unfulfilled obligations for each day of delay, but not more than __________% of the value of the unfulfilled obligations.

4.4. Payment of penalties and fines does not relieve the obligations of the parties to fulfill this Agreement.

5. OBLIGATIONS OF THE PARTIES

5.1. The customer is obliged:

5.1.1. provide the Contractor with a plot of land to carry out the Work;

5.1.2. provide temporary connection points for communications;

5.1.3. provide the contractor with constant and unhindered access to the site, including ensuring unhindered access to the site for construction equipment and freight transport;

5.1.4. if it is impossible for freight transport to approach the construction site directly, all additional costs associated with reloading and delivery of materials to the construction site are paid by the Customer, in addition to the cost of the Work specified in clause 2.1 of this Agreement;

5.1.5. accept the work performed from the Contractor according to the certificate;

5.1.6. make payment in accordance with the terms of this Agreement.

5.2. The contractor is obliged:

5.2.1. carry out work in accordance with the project and Terms of Reference;

5.2.2. if it is impossible to carry out further work, immediately inform the Customer;

5.2.3. after completion of the Work, remove construction waste and construction equipment from the construction site;

6. WARRANTY

6.1. The Contractor guarantees high-quality performance of work and timely elimination of significant shortcomings and defects that arose through the fault of the Contractor and were identified during acceptance of the work or during the warranty period.

6.2. The Contractor bears responsibility within the warranty periods and obligations established by this paragraph. The warranty period for general construction works is __________ years from the date of completion of the work. The warranty period for finishing work and utilities is __________ years from the date of completion of the work. Warranties for windows, doors, furniture, and engineering equipment are established in accordance with the manufacturer’s warranty obligations.

7. EARLY TERMINATION

7.1. The Agreement may be terminated by the Parties by mutual agreement of the Parties, or by a court decision or in accordance with Section 8 of this Agreement.

7.2. The customer has the right to unilaterally terminate this agreement early in the following cases:

7.2.1. if the start of work is delayed due to the Contractor’s fault by more than __________ calendar days;

7.2.2. if the Contractor made significant deviations from the contract in the work and did not correct these deviations within a reasonable time.

7.2.3. The Contractor has the right to unilaterally terminate this agreement ahead of schedule if the Customer does not pay the advance payment or does not pay in full within __________ calendar days from the date of receipt from the Contractor of notification of readiness to begin work under this Agreement.

7.3. In the event of early termination of the Agreement, the Parties are obliged to make mutual settlements within __________ calendar days from the date of signing the act on the completed part of the work, taking into account the work performed by the Contractor and payments made previously.

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: forest fire, flood, earthquake, other natural disasters, war, hostilities, 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 its obligations under this Agreement as a result of the circumstances specified in clause 8.1 is obliged to immediately notify the other party.

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.

9. DISPUTE RESOLUTION PROCEDURE

9.1. Disagreements arising between the Parties in connection with this Agreement will be resolved by the Parties through negotiations.

9.2. If agreement cannot be reached, then all disputes and disagreements under this agreement shall be submitted by the parties to the court ____________________.

9.3. In all other respects that are not specified in this agreement, the parties are guided by the legislation of the Russian Federation.

10. OTHER CONDITIONS

10.1. This agreement comes into force from the moment it is signed and is valid until the Parties fully fulfill their obligations under the agreement.

10.2. All changes and additions to this agreement are valid if made in writing and signed by the Parties.

10.3. The Contractor may use photographs of the Object for advertising purposes at his own discretion, subject to maintaining the confidentiality of the Customer’s personal data. The parties acknowledge the legality and validity of correspondence sent to each other via e-mail. Email addresses of the Parties: Customer - ____________________; Contractor – ____________________.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Contractor Legal address:________________________________________ Postal address:________________________________________ INN/KPP:______________________________ Telephone/fax:____________________ Current account:______________________________ Bank name:______________________________ Correspondent account:______________________________ BIC:____________________

Customer Registration address:________________________________________ Postal address:________________________________________ Passport series, number:____________________ Issued by:________________________________________ When issued:_______________ Contact phone number:____________________

12. SIGNATURES OF THE PARTIES

Contractor_________________

Customer_________________

No one will probably argue with the fact that “building a house” is one of the most romantic and global dreams of many men, women and families. And many construction companies are happy to play on these romantic feelings and offer to build a house for you cheaply.

However, in reality, all this romance turns into many pitfalls that you need to know before you enter into an agreement with a construction company.

Today I want to tell you my experience so that you can learn from my mistakes and get around the rake that my family and I fell into when building a house.

Rule one: never agree to 100% prepayment

No matter how reputable the company is, never agree to 100% advance payment. Really serious companies have enough resources to build on a postpaid client basis. 10% is a completely adequate prepayment. Otherwise, you have no guarantee that the company, having taken all your money, will not disappear in an unknown direction.

Or, if it doesn’t disappear, it will still build it the way you intended, and not just slap on a clunker and leave the site. Until you have paid the full amount, you can “accept” or “not accept” the work and insist on reworking or redoing it. If you paid the entire amount at once, it is unlikely that your opinion will be taken into account during construction.

Rule two: a contract for the delivery of something must stipulate access roads!

This is what I want to talk about. You can order the construction of a house from materials, or you can order a “ready-made” house. It turned out that we ordered a change house with delivery. In principle, when building a house, there is also the delivery of materials, and this point is important for everyone to observe. Pay close attention to what is written in the contract about how everything will be delivered. If the company undertakes delivery, make sure that the company is aware of all the nuances and difficulties of the route to your site. When we ordered a change house, the contract stated that “The customer undertakes to provide access to the site,” but there were no specifics about what the company needed for this entrance.

We did not attach any importance to this, but in vain. When the gentlemen builders came to us and saw that our site was located in the middle of SNT, and a country road between other sites led to it, they said that they could not deliver a change house to us. So you need to demand in advance that the company employees provide a list of necessary conditions, or that a company representative come to the site and personally inspect the entrance.

At the same time, it is good to demand the conclusion of this representative that the access to the site is suitable and corresponds to the capabilities of the company. And, naturally, it should be stated in the contract that if problems with the entrance arise during construction, then either the company solves them at its own expense (hires, for example, a taller crane), or pays a fine. Otherwise, you will completely unwittingly find yourself responsible for something that no one notified you about in advance.

It is important to understand that some companies specifically take advantage of this moment with the entrance to the site. After all, the customer cannot adequately assess the ease of access, because... This is influenced not only by objective factors (for example, the presence of a road), but also by subjective ones - what equipment the construction company has. It’s easy to find the reason why access to your site is not convenient. For example, they may say that power line wires are in the way. Although, with skillful use of any manipulator, wires are not a hindrance.

All this is done by many companies in order to refuse delivery of a house or a cabin, and offer you construction on site. Since a person is not ready for such a turn of events, then, as a rule, there are many ways to “milk” him on this.

Rule three: if you build on site, follow the estimate

If it turns out that on-site construction is unavoidable, or you have chosen this option yourself, always pay attention to the estimate. Request a plan and estimate of how much and what kind of building materials will be used for each part of the facility. Be sure to specify the quantity of material in the contract. Never agree to offers like “now let’s bring forty pieces, and then we’ll see.” There must be final figures for the required material.

If a company doesn't know how much material it will take to build a house with a specific size, then this suggests that your house is their first project and does not inspire confidence. If the company is experienced and has been on the market for quite some time. She should provide you with exact material figures. Be sure to check that the contract contains an estimate for everything, even for polyurethane foam, nails and other “seemingly small” things. Otherwise, you will be billed many times more than you imagined, explaining this as “little things.”

When signing an estimate, clarify in advance at what prices they will purchase materials.

Some companies and many private builders have the concept that “the work costs the same as the materials.” Those. it costs as much to put siding on as the siding itself, etc. Therefore, it is profitable for them to buy expensive materials, so the work itself will be more expensive. At the same time, they will, of course, provide you with all receipts and cost reports.

But you shouldn't trust checks. Just go to a store or online and look at the average market cost of certain materials. And when drawing up an estimate, be sure to take this into account and not agree to inflated prices for materials. In this case, it may be worth considering options for purchasing materials yourself. Perhaps, even with all the shipping costs, it will be cheaper than agreeing to the cost of materials that the company offers.

Construction is an area where huge amounts of money are made on things that people are too lazy to count. So don't be lazy! Count everything and always! This is not “not convenient”, this is the correct thrifty attitude towards your money, otherwise you will build a house for the price of gold, and you will be upset and offended by the whole world. Consider everything before concluding a contract. Be sure to consider this when receiving materials. Be sure to check the estimate so that everything stated in the estimate is delivered in strict accordance.

A builder I know built himself a house from materials that he did not deliver to clients, so you shouldn’t be careless about it. And during construction, be sure to make sure that everything that is provided for in the estimate and brought is completed in your home. If after construction there is a lot of material left, it means that there is not enough insulation in your walls and similar “gaps” in construction you will still have to sip on when the builders leave. So count, watch and be careful.

Also include the safety of materials in the estimate!

The materials were brought to you, you counted them. They were thrown out on the site and you are now responsible for their safety. And since this is no longer a problem for the builders, they won’t even bother to cover them with a tarpaulin from the rain. To prevent this from happening, state in advance in the contract that the company is responsible for the safety of materials from the moment of delivery until construction. And also write down fines in advance if the company failed to cope with the task of safety.

Why is this necessary? Look! We built the house in winter, there was snow all around. The materials, including mineral wool, were thrown into the snow. Then two days later it snowed and all our materials were covered with snow. So they put this ice mineral wool with ice inside the walls. In the spring, this ice thawed and water began to flow from all sides. Fortunately, we had a guarantee and we called the “would-be builders” again. They dismantled the entire roof, squeezed out the mineral wool and put it back. And if we had written in advance in the contract that if building materials were damaged, the company would be obliged to buy new ones, then they would have to put new mineral wool not only on the roof, but also in the walls. And most likely, they would have thought about this in winter and covered the material with a tarpaulin to avoid dampness and icing.

Rule four: negotiate the terms before signing the contract

Deadlines - it would seem that this is not the main part of the contract, but it is very important. It is important to indicate when construction will begin. And it is equally important to indicate when construction will be completed. Otherwise, you may find yourself looking at your home being built at a super slow pace or not being built at all for several months.

This is especially offensive when the money has already been paid, and the company simply has no motivation to work with you. Such motivation must be written down in the contract in advance, preferably by stipulating a fine for each day of delay in delivery of the object.

Rule five: builders must also be specified in the contract

Usually the contract does not say a word about the builders themselves and their living conditions, and this turns out to be big surprises during construction. Be sure to check that the contract describes the number of builders, their living conditions at the site and their professional suitability. The point is not even that, as a rule, we have Tajiks at construction sites without documents. Tajiks are not a problem. And Russians may not know how to build, and other nationalities may be excellent builders, but require some kind of confirmation of their professional suitability, for example, documents about their secondary specialized construction education.

Otherwise, your home will become a problem for you for many years. Because the thermal insulation film will be placed on the “wrong side” and the house will always be damp, the external walls will be attached in such a way that rain will pour into the wall, etc. After all, construction is not just about hammering a nail, it is about many rules and laws that builders must study in special educational institutions.

Regarding the living conditions of the builders. After concluding the contract, it suddenly turns out that you must accommodate the builders in your house at your own expense. To prevent this from happening, write in the contract in advance where the construction team will live. Usually they bring their own household items for such purposes. And by the way, it’s not difficult to bring it from them even with difficult entrances.

Rule six: if conditions change during construction, be sure to draw up a new contract

For example, we drew up an agreement for the delivery of a change house, but in the end this change house was built for us on site. It is imperative to draw up a new contract with an estimate and all matters in this case. Otherwise, it all turns into a mess, which is impossible to control, because... There is no agreement for this case, and the one that exists does not correspond to what is happening.

Rule seven: Before accepting a job, invite an independent professional

Never accept a job in a hurry. Never do this in the evening or when time is limited, for example, you are in a hurry to get somewhere. The acceptance certificate means that you are satisfied with everything in the construction and you pay the company 100% of the cost. And by the way, never agree to “Step-by-Step Payment”. Pay only at the end upon acceptance of the object. And before you sign and pay, spare no expense and invite a professional, a builder with experience and education who is not related to your construction project.

It is not difficult to find it among private builders on an advertisement site, or on the construction market. Ask him to evaluate the construction for some real amount for both of you, point out real mistakes and shortcomings or “jambs”. And you can demand that the company complete them, or if it is very difficult to complete something, or is not critical for you, then you can demand that the price be reduced. And this point, by the way, should also be written down in the contract in advance. How much can you claim a discount for non-fulfillment or incorrect execution in construction. Don't rush to get rid of construction. You need to finish it thoroughly so that you don’t return to this issue for many years to come.

Thank you for providing interesting material about personal experience of interaction with construction companies Andrey Vladimirovich Pankin (Russia, Moscow region, Chekhov district, Solnyshkovo village)

A contract for the construction of a cottage can perhaps be compared to an air ticket. The higher the cost of services (builders or aviators), the more pleasant bonuses are provided for the client. However, before signing a contract with builders, the customer should make sure that he is not being offered the lowest quality service at a premium price.

A contract for the construction of a private house refers to domestic contracting agreements. This document will have legal force if it contains the following essential conditions: start and end dates of work; list of services performed by the contractor; their cost. The contract must also contain the date of its conclusion, as well as the full name and address of the construction company (individual entrepreneur or private person undertaking the work).

Previously, the Divandi portal talked about the peculiarities of imprisonment. Formally, a contract for the construction of a house and a contract for repairs are practically no different from each other. Both deal with the provision of construction services. However, in the case of a contract for the construction of a house (cottage), much more attention should be paid to information about the “labor results” of the builders.

Elena Khairullina

Head of Pravoved LLC

The subject of the contract is what must be built, and in the most detailed description. And even if the contract does not provide for a construction project as an annex to it, the description of the object must be so detailed that it is possible to understand what was planned to be built. If during construction the idea for the object undergoes changes, all of them, without exception, must be included in the contract in the form of additional agreements.

The ideal option is when the contract is based on a detailed house design and specification with a complete list of works and necessary materials.

Alexey Rusakovich

When work is carried out on the project, a note is placed on each sheet of project documentation that the project is being transferred to work, and the customer and contractor sign under it. If the contractor has the status of a legal entity (for example, LLC), he puts his seal on each sheet of the project. With such a system, the team will not be able to voluntarily retreat from the project.

The project is an annex to the agreement, which is mentioned in the agreement itself. Another appendix should be an estimate for the work and purchase of materials. As a rule, the final version of the contract is signed after the estimate has been drawn up. Lawyer Alexander Latyev advises to include in the contract a clause according to which the person who purchased them is responsible for the quality of materials.

Customer, make yourself comfortable.

Often several contracts are concluded in succession for the construction of a cottage: the first for the foundation; the second - on the box with the roof; the third is for finishing. This is especially often practiced when building houses from logs, carriages or beams of natural moisture. After constructing the roof, such a house “sits” within 6-12 months. Therefore, builders often offer to conclude one contract for the box, and a year later a second one for the final finishing (windows, doors, stairs, finishing, etc.). At the same time, as Alexey Rusakovich notes, if you work according to this scheme, then there is a high probability that for each new stage an agreement will be concluded with a new contractor: first with a team of concrete workers, then with a team of installers, etc. And as a result, each new contractor will blame his sins on the deficiencies left by the previous team.

Alexander Latyev

Legally, it is better to conclude one contract at once for the entire range of work on building a house, regardless of what construction technology is used. A different choice may be determined by the requirements of accountants, etc., but sometimes by the contractor’s reluctance to be responsible for the entire work as a whole.

Lawyer Elena Khairullina also believes that an end-to-end agreement is more convenient for the customer. Moreover, this agreement should provide for the phased acceptance of work from the builders.

Elena Khairullina

Head of Pravoved LLC

It is desirable that the contract obliges the contractor to hand over hidden types of work to the customer at each stage of construction. It is good when the acceptance of both hidden types of work according to the act and the object as a whole is carried out with the involvement of a specialist in the field of construction and all shortcomings are correctly documented in the work acceptance certificate indicating the decisions made on the methods and timing of eliminating the shortcomings. If there is a delay or poor quality of work, the mentioned clauses of the contract will help the citizen to recover a penalty from the builders.

Alexey Rusakovich reminds us of one more point that it is advisable to reflect in the contract.

Alexey Rusakovich

No construction site is guaranteed against freezing. Most often, this happens because the customer has run out of money. But there are other reasons. The contract should include a clause on the conservation of the object. It is carried out at the expense of the customer, but it can be stipulated that the contractor’s workers and equipment are involved in conservation. However, it makes no sense to prescribe specific conservation work in the contract. After all, it is unknown at what stage the work will have to be interrupted - on the foundation pit, on the foundation, on the walls...

Terms of execution of the contract.

If construction work is performed by an individual entrepreneur (IP) or a construction company with LLC status, then such contractors are subject to the Law on the Protection of Consumer Rights. This document provides for a penalty for failure to meet deadlines in the amount of 3% of the contract amount for each day of delay. This rule on fines for leisurely builders works even if there is no penalty clause in the contract. However, as lawyer Alexander Latyev notes, this provision of the law does not work if a private owner has contracted to build the house.

Alexander Latyev

Head of Practice, Legal Security Agency "Intellect-S"

If we are talking about an agreement with a contractor who is not an entrepreneur, then it should be borne in mind that, as a general rule, he is not subject to the Consumer Protection Law, and the liability conditions for him are less strict than for merchants. For this reason, the customer, when concluding a contract with a private owner, must insist that the contract contain clauses on its additional protection. In particular, this may be a clause on penalties for failure to meet deadlines.

Alexander Latyev recommends indicating in the household contract a penalty in the form of a penalty in the amount of 0.1% per day of delay, maximum 0.3-0.5% per day. If you put more, the court will most likely reduce the amount of sanctions at its discretion.

Do not let the builders take over the contract.

The customer should remember that the builders he hires are much better versed in the issues of drawing up construction contracts than he is. Builders work with these papers all the time, therefore, it is not difficult for them to include in the contract harmless – at first glance – clauses, which in fact are quite disadvantageous to the client. In one of the contracts for the construction of a cottage, for example, there is the following phrase: “The place for garbage removal is determined and agreed upon by the customer.” Using this clause of the contract as an excuse, the team tried to refuse to remove waste from the site, on the grounds that the customer did not fulfill the condition he signed and did not provide the builders with access to the landfill. However, as the lawyer notes, such a position of the contractor looks quite precarious.

Andrey Saunin

Garbage removal is the responsibility of the contractor, the cost of which is usually included in the cost of the work, unless otherwise specified in the contract. The requirement for the customer to agree on addresses for waste removal seems absurd, since there are official landfills in any territory.

However, lawyers unanimously advise private customers not only to read the contract proposed by the builders, but to strictly remove from it all incorrect, illiterate and vague wording. If a certain point is truly necessary, then it must be redone to remove the possibility of double interpretation.

Alexander Latyev

Head of Practice, Legal Security Agency "Intellect-S"

Most often, in contracts offered by builders to private customers, there are clauses on limitation of liability, establishment of short deadlines for filing a claim, indisputability of drawn up acts of work, automatic acceptance of work in the event of no response to submitted acts within a certain period of time, etc... But I note that any, even the most unfavorable point, has its price. The more unfavorable clause the contractor inserts into the contract, the lower the price should probably be or there should be some other conditions favorable to the customer.

The head of the Ural SRS company, Alexey Galimov, says that even if the customer signed an agreement with unfavorable conditions for him, then perhaps there is no need to despair. Most likely, some of these bad clauses are contrary to the law, and if the case goes to court, then such terms of the contract will be declared invalid. For example, a contractor may insert a clause into the contract that states that the builders are not responsible for defects if the customer does not point it out to them in time. Such a clause will not have legal force.

Conclude a construction contract without a project.

Alexey Galimov

You can build a house without a project. But only if it is a fairly standard building without individual features. And even then it will not be possible to completely avoid defects in work. And most importantly, it will be difficult to agree with the customer about whether a mistake was made in this particular case or whether everything was done in accordance with his requirements.

However, as representatives of the teams admit, today a large percentage of private houses are being built without a design. Often it is replaced by simply a set of pictures of facades and a hand-drawn floor plan. Lawyers believe that even in such extreme conditions it is possible to draw up a contract that will help build sufficiently high-quality housing and resolve most misunderstandings between the contractor and the customer. The head of Pravoved LLC, lawyer Elena Khairullina, in particular, recommends including in the contract information about the size of the object, the number of floors, data on the type of foundation, a description of the method of constructing structural elements of construction, and the types of building materials used. The description may be included in a separate annex to the contract.

Andrey Saunin

head of a law office

If construction is carried out without a project, then the contract, at a minimum, must contain such a description of the object from which it will be possible to draw a conclusion whether the finished object complies with the agreements of the parties. However, it is advisable to have a well-developed preliminary design of the house, a technical and functional description as an annex to the contract.

The technical description of the cottage could be something like this:

• A two-story house with a cold attic and a gable roof. The foundation is monolithic, strip, M300 concrete, strip width 400 mm, buried 500 mm, above ground - 500 mm.
• External dimensions – 6 by 9 meters.
• Living area – 55-60 sq.m. m.
• Number of floors – 2.
• The clear height of the floors is 2.7 m.
• The material of the external walls is 400 mm twin blocks.
• External wall insulation – 100 mm basalt slabs.
• Partitions – twin blocks 200 mm.
• Type of floors – on wooden beams 200 mm.
• Insulation of floors - 200 mm basalt slabs.
• Roof type – bitumen shingles.
• External wall finishing is decorative bark beetle plaster.
• The external finishing of the base is natural stone.
• The windows and window sills are plastic, the slopes are plaster.

Functional Description:

First floor: covered porch, vestibule, bathroom, hallway-staircase hall, kitchen-dining room. On the second floor of the house there are two bedrooms, a staircase hall, and a bathroom. Heating is from a gas boiler installed in the kitchen.

How much does the right contract cost?

Dozens of law firms and privately practicing lawyers are ready to provide assistance in the analysis of domestic contract agreements in Yekaterinburg. If the contract deals with a full cycle of work on the construction of a private house, then the cost of the service for its preparation ranges from 3-10 thousand rubles. You can come to a lawyer with a ready-made contract (for example, proposed by a construction team). Analysis and correction of such a document will cost about 2 thousand rubles.

In turn, if the customer suffered losses due to a lawyer who made a mistake when drawing up the contract, then he (the customer) can demand compensation from the lawyer. However, as legal scholars themselves note, there is no judicial practice in such cases yet.

You can download a version of the household contract for the construction of a house.

You can download a version of a household contract for the construction of a foundation.

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 a total area of ​​_____ 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.

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