Construction is the most relevant field of activity today. The most common agreement is the construction contract.
Recall that contractual relations are regulated by the Civil Code of the Russian Federation. In accordance with the Civil Code, the parties in this agreement are the contractor and the customer, and although all the main elements of the joint venture are indicated in the Civil Code, in practice, controversial situations often arise, and in order to prevent them, it is necessary to know the main responsibilities of the parties under the construction contract.
The responsibilities of the contractor.
The obligation of the contractor is the construction of the building, the implementation of repair or construction and installation works. The subject of the contract is an essential condition, t. e. Without it, the contract will be considered invalid.
All work must comply with construction standards and rules (SNiPs,) as well as the standards established by the state. The materials used to perform work must also comply with the standards and be suitable for the normal operation of the object.
On whom is the obligation to provide materials for the construction of the facility is determined by agreement of the parties, they can be provided by both the contractor and the customer, in practice this is most often the obligation of the contractor.
All work performed by the contractor must comply with the local estimate calculation and technical assignment provided by the customer. If in order to perform the work specified in the estimate, the contractor needs to do additional work, then they must be agreed with the customer. It is also necessary to provide an allowance for the right to carry out the specified work.
In practice, problems often arise on this subject, the customer gives oral consent and tells the contractor something like “yes, then we will sign” and, in the end, additional work remains not paid, t. To. They were not agreed and properly designed, the same applies to hidden work. In addition, hidden work should also be indicated in the certificate of admission.
The contractor must timely eliminate all defects and shortcomings that were allowed through his fault. Throughout the warranty period, correct the arising flaws, unless of course they appeared due to improper use of the construction object, and interfere with the normal operation of the result of work.
The duties of the customer.
The customer must accept the object and pay for the work performed. The contract must indicate specific terms of payment of the work performed. Payment can be made both after the entire facility is put into operation and in stages, these nuances should be indicated in the contract.
By agreement of the parties, an advance can be provided, for example, for the purchase of materials necessary for the construction.
In addition to the main works, the customer must accept additional and hidden work, as well as coordinate their implementation.
It is also the obligation of the customer to pass a timely construction site for construction, otherwise the contractor will not be able to start the work in a timely manner and, therefore, to finish them in time, in general, the consequences may be the most negative.
Summing up, I would like to note that the cooperation of the parties is strongly expressed in the construction contract, perhaps stronger than in all other contracts. The party that has discovered obstacles to the proper execution of the contract should take all the necessary measures to eliminate them, this, of course, is a plus in civil relations.