After drawing up a detailed design and comparing the cost of its implementation with trustworthy Contractors, it is time to legitimize your intentions to build with the chosen organization. Having previously familiarized yourself with the contracts for the construction of houses and the finished objects of the Contractor.

You will be guided by the contract for the construction of an individual residential building, observing the obligations of the parties and accepting the result of the work. It is better to conclude a “end-to-end” option with the stage-by-stage implementation by one Contractor of the main list of all necessary work.

The contract for the implementation of the project should be concluded with an LLC. Check the status of the organization in advance. With an individual entrepreneur, it is difficult to obtain compensation for damage if something happens. The Law “On the Protection of Consumer Rights” does not apply to it at all when concluding contracts for the construction of houses with a private person.

Here is a sample contract for the construction of a private house (Canadian felling d30-32) with a total area of ​​about 200 m2 for a family of 6 people and the ability to accommodate guests. The height of the 1st floor is 3.2 m, the height of the 2nd floor is 2.7 m. The foundation is USHP slab. The roof is soft tiles or composite (they have a similar price).

Nuances in contract agreements for the construction of private individual residential buildings

You can have a dialogue about including additional clarifying language in the document. An adequate Contractor will meet you halfway. Until the edits begin to disrupt the work methodology that has been established over the years. Also, the contract for the construction of an individual residential building should not infringe on his financial interest. No one will build without any advances.

It is considered normal for the Contractor to pay an advance for work that requires a lot of timber or other materials on his part. However, the advance payment should not be more than 50% and only of the estimated cost of the upcoming stage of work. Where there is little or no material component (roof work, assembly), there should be no prepayments. Otherwise, this is not a Contractor, but an Intermediary (Outbuyer).

The document must contain a reference to the project. Work must be carried out exclusively on the basis of design documentation certified by both parties. For a small object you will need at least a preliminary design of the house. But, only a detailed, full-fledged project will save you from double interpretation (and therefore misunderstanding between the parties).

Instead of involving an expensive outside lawyer who doesn’t understand anything about construction in a contract for the construction of a private house, pay more attention to the project. What is built cannot be remade later. It’s better to ask the Contractor to explain all the nuances to you in detail.

The Contractor usually offers to return the money for the previously paid development of the project for the coordination of architecture, design and cost estimates, upon concluding an agreement to begin work, in the form of a discount. Our contract for the construction of a house includes such a clause regarding repayment for the project.

Contractual obligations must be drawn up on the basis of an Estimate signed by both parties, with the entire list of costs. You should not trust construction contracts for the construction of houses where there is no fixed cost. Be sure to specify (write down) that there are no hidden fees. Can reach up to 20% of the total cost of work.

The main thing: you need to be careful when choosing a Contractor. The documents are in order, legally competent and beautifully drawn up. However, it is not always clear what quality of work is behind this. Regardless of whether you plan to build a house-sauna or a house and a bathhouse separately, it will be uncomfortable to live and spend time in the steam room.

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 deliver its result to the Customer, and the Customer undertakes to create the necessary conditions for the Contractor to perform the work, 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, outside the construction site, construction machinery and equipment belonging to him, vehicles, tools, instruments, 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 of the amounts specified in the Agreement, the Customer shall pay a fine in the amount 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 the event of termination of this Agreement, the Contractor returns to the Customer the deposited funds minus the cost of the work actually 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 the result 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 of the 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 construction waste and soil generated as a result of the Work from the Customer’s site (unless this is specifically stated 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 request of the Customer, the Contractor may provide assistance in purchasing materials that are not available from the Contractor, 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 vehicle parking area. 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 ___________________________

Document type: Construction contract

Document file size: 22.7 kb

Contract form for the construction of a residential building

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Contract agreement for the construction of a residential building No.

in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

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 "" year to "" year, 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 land plot 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:

• within banking days from the date of signing by the parties of the terms of reference, schedule and estimate, an advance payment in the amount of % of the total amount of the estimate;
• within banking days from the date of signing by the parties of the work acceptance certificate, the final payment in the amount of % of the total amount of the 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, and when paying is allocated as a separate amount in the customer’s payment order.

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 one day 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 a day. 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 execution 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 it becomes necessary 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 a day, suspend 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 transfer to the contractor in the prescribed manner the approved design and estimate documentation, schedule, technical documentation, construction materials, equipment, ensure continuity of construction financing, and accept the completed residential building from the contractor under 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 an 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 moment of receipt of the customer’s request, to return the amount of money transferred to the contractor in a portion exceeding 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 to immediately, no later than days from the moment of their occurrence and termination, notify the other party in writing. 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 the city.

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 for completing work on 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:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:

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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.