Functions of the Technical Customer

The person representing the interests of the Investor and involved in supporting his projects throughout their implementation (issue of urban planning documentation, design and construction) is called the Technical Customer. In the course of his work, he professionally resolves all emerging technical and legal issues. The technical customer bears full responsibility to the Investor for the technical and economic aspects of the creation of a capital construction project, starting from the stage of supporting the release of urban planning documentation. He also has the responsibility to defend the financial interests of his employer. The relations of the parties are regulated by an agreement, which specifies the conditions under which cooperation takes place, as well as the amount of responsibility each party assumes.

Among the responsibilities of the Technical Customer, one of the main tasks is to monitor the fulfillment of the obligations of subcontractors. It involves serious checks of each stage, which makes it possible to detect errors and violations in the technologies of the work being carried out.

The functions of the Technical Customer include monitoring the expenditure of funds that the Investor invests in the project. It is very important here to prevent unreasonable overexpenditure of financial resources. This moment cannot be completely eliminated, but it should be minimized.

The investor may include any scope of his obligations in the contract concluded with the Technical Customer. Often the Technical Customer is entrusted with carrying out all stages of the implementation of an investment project. The list of services provided by the Technical Customer is very wide; it includes the collection of initial permitting documentation when developing a project, and the issuance of permits when putting a facility into operation. Thus, the Technical Customer works from the very beginning of the project until its full completion. If necessary, he can carry out other actions, for example, sign agreements with operating and resource supply companies.

In general, we can say that the Technical Customer service solves the following tasks:

• collects and prepares initial permitting documents;
• controls the project development process;
• organizes various expert reviews of projects;
• prepares permits for construction;
• conducts technical supervision at the construction site;
• puts completed facilities into operation.

Technical customer - leading construction organizer

Many have a misconception about the Technical Customer as a auxiliary organization that can quickly and competently assemble a package of permits, as well as obtain the necessary approvals. However, in fact, the Technical Customer is a reliable partner and expert in the following areas:

• support for the release of the required urban planning documentation (PPT, GPZU), taking into account the removal of existing encumbrances, coordination of the required VRI, functionality, increasing the height and maximizing the TEP of the future Object;
• organization of work to support the design and examination of the Project;
• organization of work on a construction site;
• registration of specifications for connecting the facility to utility networks;
• control over the expenditure of funds and many others.

The company, which is the Technical Customer, is entrusted with solving all the main tasks related to the management of urban planning, design and construction processes, as well as organizing effective collaboration of all their participants. The technical customer also organizes technical supervision, which consists of monitoring the quality of construction and compliance with project deadlines.

The technical customer is one of the important participants in the construction market, because he carries out multifaceted work that can only be done by specialists with many years of experience. At the same time, you need to understand that no educational institution teaches such a specialty, and everyone who takes on the responsibilities of performing the functions of a Technical Customer acquires the necessary skills in practice over many years of work.

The technical customer in construction is a full-fledged subject of the construction industry, which was recognized as such quite recently. The concept was officially consolidated in documents in 2011. The Civil Code has been supplemented with a definition according to which the Technical Customer is a company or individual (acting on a professional basis) who is endowed by the Developer with the appropriate powers and is given the opportunity to act on his behalf. The Civil Code at the same time determines that the Developer and the Technical Customer can be one person. This scheme is implemented in cases where the first one refuses to involve third-party professionals and does the work necessary here himself.

Problems solved in practice by the technical customer

To fully understand the significance of the Technical Customer service, it is necessary to talk in more detail about the work it performs. At the first stage, the technical customer is involved in the preparation of pre-project and design documents, and he also manages the project while it is being developed and agreed upon. The organization of effective interaction of all parties involved in the process falls on his shoulders:

• investors (customers);
• designers;
• contractors;
• regulatory authorities issuing the necessary permits.

The technical customer respects the interests that each of the parties has, and at the same time he ensures the delivery of the object on time. Naturally, it is imperative to monitor compliance with design and regulatory documents.

The work begins with the allocation of a building plot with an urban development plan for the land plot (GPZU) approved for it. Based on it, the technical customer prepares several documents at once, including:

• lease agreement;
• an agreement for the free use of land for a certain period while the project is being developed and construction is underway;
• documents allowing you to formalize land and property relations;
• documents allowing the land to be transferred to the required category.

When the development and approval of the architectural and planning concept is completed, it is necessary to draw up technical conditions so that the facility is connected to utility networks. The one entrusted with performing the functions of the Technical Customer must, in addition to receiving these documents, confirm the validity of all issued technical specifications in various operating organizations. The provision of technical customer services includes, inter alia, establishing contact with organizations that supply the site:

• electricity;
• water (and sewage disposal);
• warm;
• gas;
• radio signal;
• telephone communication;
• outdoor lighting and so on.

When all operating organizations have been passed through, the Technical Customer will begin preparation of a tender for the selection of a designer. All the necessary documents are collected here in a single set, including:

• Specifications for connecting utilities;
• urban planning plan for the development of the site;
• architectural concept linked to the site;
• geological basis and so on.

The technical customer in construction enters into a contract with the selected designer, which specifies the deadlines for completing the required work. The created project is approved by the architectural and other departments. In addition, various examinations are being carried out in relation to the project, including regarding its fire, industrial and environmental safety.

After complete approval of the project, the system of the single Technical Customer transfers it to the Investor. The Investor or Technical Customer, on behalf of the Client, organizes a tender within which the contractor, as well as suppliers of equipment and construction materials, are selected. At this stage, the responsibilities of the Technical Customer in construction are that he prepares materials for the competition and conducts the competition.

When the project has been developed and the persons responsible for its implementation have been identified, the Technical Customer begins to work on obtaining a construction permit. Documents for the land plot must confirm that it is allocated for construction work. During the period of construction work, city maintenance services must allow the use of existing communications. In addition, it is necessary to produce coordination of work that will be carried out in places where:

• overhead power lines;
• various engineering structures;
• underground communications.

By definition, the Technical Customer is responsible for resolving all issues related to supporting the release of urban planning documentation, design and construction. He is involved, among other things, in replanting and cutting down trees, if any are located in the development zone.

Construction process and responsibility of the Technical Customer

The technical customer carries out control and technical supervision during construction. Not only the quality indicators of the materials used and structural elements of buildings are checked, but also the serviceable condition of the equipment used. The head of the Technical Customer service has inspection functions; he monitors the volume of work performed, the timing of their implementation, prices and quality.

Upon completion of construction, the work of the Technical Customer ends. He prepares the documentation necessary for the facility to be accepted and put into operation. The technical customer provides his employer with all the documentation that will be required when he registers his ownership. This includes, among other things, BTI documents and papers confirming warranty obligations.

Performing the functions of a Technical Customer includes a special point aimed at control over how funds allocated by the Investor are spent. This assumes that the following actions are performed:

• the construction price is agreed upon with the contractor and subcontractors;
• those invoices that were presented for payment for work performed are checked;
• the expenditure of funds is monitored and its compliance with the approved budget;
• the accuracy of accounting documentation is monitored;
• technical customer reports regarding the expenditure of allocated money are prepared in a timely manner.

Why does an Investor need a Technical Customer?

There is an opinion that the Investor needs a contract for the services of the Technical Customer only if we are talking about a large single project. If it is necessary to manage a large long-term construction project, the company creates its own Technical Customer service structure. Of course, this scheme continues to be used, and serious players in the market often have an internal Technical Customer. But still, this practice is considered to be fading, and Investors implementing projects of any scale attract third-party organizations with whom they sign an agreement for the provision of technical customer services.

The Investor who attracts the Technical Customer expects to transfer management functions to him, and at the same time will receive assistance in the form of consulting. The contract for the functions of the Technical Customer may indicate that he undertakes full support of the project, and only its individual stages.

The investor should begin to build relationships with the Technical Customer at the very beginning of the project, when various conclusions are still being drawn up and approvals are being carried out. The density of the Technical Customer’s involvement in the project determines how successfully it will be optimized in the future, as well as how much money and time will be saved.

In addition to the above, the Technical Customer is engaged in solving a rather complex problem related to establishing interaction between the Designer and the Investor. At the first stage, it is necessary to find out the wishes of the Customer, in order to then correctly formulate them and convey them to the architect. Specialists involved in design can also contact the Investor. They express their thoughts in a specific language, so they need to be formulated in understandable phrases for people who have only a superficial understanding of construction technologies. During the design process, the Technical Customer is charged with the task of taking into account the interests of all parties involved, as well as ensuring that their actions are within the existing framework.

When paying the established cost of the Technical Customer's services, it is assumed that it includes, among other things, the provision of the required consultations to the Investor. Here, the most complete explanations are given on any issue, because the party financing capital construction usually does not have the necessary knowledge in this area.

Naturally, we have to record an increase in the Investor's expenses by the value of the Technical Customer, but the result of these additional investments is always significant savings. One of the results of centralizing the functions of the Technical Customer is the correct organization of the process of issuing urban planning documentation, design and construction, at each stage of which no unexpected costs arise.

When performing construction work, a variety of nuances regularly appear that provoke violations of previously approved deadlines and budgets. The Technical Customer is entrusted with the task of resolving all these difficult situations in a way that will lead to the least overexpenditure of the Investor's invested funds. However, reducing unforeseen expenses is not the only goal here. All such issues must be resolved as quickly as possible, because missed construction deadlines often lead to even greater losses. Often, during the implementation of a project, such features appear that force a serious revision of the entire development strategy and reworking of project documentation. A developer who engages a Technical Customer who is so deeply immersed in the project receives not only a trusted partner, but also a real trusted person who represents his interests on the construction site. The activities of the Technical Customer at this stage are that he:

• monitors whether the work is being completed in full and whether quality violations occur during its implementation;
• monitors the efficiency of spending financial resources;
• ultimately determines whether the project maintains its profitability at each stage of implementation.

The Regulations on the Technical Customer determine the list of his responsibilities, which presupposes not only his knowledge in the field of construction. The technical customer is also a professional manager, capable of organizing any construction process and conducting any complex negotiations.

Is it necessary to join an SRO to work as a Technical Customer?
Nowhere does it stipulate that membership in an SRO is a mandatory condition for those who want to perform the functions of a Technical Customer. However, at the same time, federal laws, Civil and Urban Planning Codes contain norms suggesting that the Technical Customer cannot engage in certain work without the approval of an SRO. For example, this includes quality control of construction projects, which is one of its main functions.

If you need professional assistance in the issues of issuing urban planning documentation, design and construction of Facilities, the company “UKS “LARZh” is ready to act as a reliable partner in performing the functions of a Technical Customer for the implementation of projects for the creation of capital construction projects.

Controversial processes that sometimes arise between customers and construction companies can ruin the lives of both parties for a long time. This is what customer service exists for. It is her direct responsibility to ensure mutually beneficial and competent cooperation.

Market competition

Searching for a construction customer or a reliable contractor company sometimes causes applicants to waste a lot of time, turning everything into a run in a vicious circle. Why does this situation arise? This happens due to great competition in the construction industry, which is becoming even greater every day. Many companies advertise their services, but in reality not all can provide the required quality.

Many reasons can be to blame for this - from an unsuccessfully selected site to incorrectly installed communications. The customer service is such an organization that will avoid any disputes between the parties by conducting a complete independent audit. This is a guarantee that the matter will not develop into lawsuits, and everyone will be happy.

What does the customer service do in construction?

First of all, the functionality of this service includes the selection of a reliable and profitable partner. After this, this service will conduct constant and productive work with all bodies exercising government supervision, with contractors and investors. And of course, with organizations whose responsibilities include documentation.

What allows us to ensure the quality of cooperation

As you can see, customer service is about providing complete accompanying control over the construction process, where the rights of each party are protected. Such profitable and highly effective cooperation is carried out due to the fact that all conditions are initially openly negotiated, and then control takes place and strict performance requirements are put forward to ensure the quality of the work performed.

Admission documentation

It is clear that only professionals can work in such a serious organization. After all, technical supervision implies full possession of the necessary knowledge and accumulated experience. Thus, the customer service is an organization whose employees have such characteristics as responsibility and specialized education. In order to carry out construction control, such a structure must have a valid certificate issued by the SRO for permission to work.

What the organization does and guarantees

The company's specialists provide control at all stages of the work - from the development of project documentation to the full commissioning of the constructed facility. The functions of the customer service include:

1. Study of the land plot (proposed construction site).

2. Determining the possibility of obtaining major

3. Consultation with the investor, as well as with other specialists of city services.

4. Even before the start of design, prepare a number of necessary documents based on the initial data, the list of which includes:

5. Coordination of a package of initial and decisive documentation to consider all possible options aimed at minimizing the customer’s costs.

In addition, customer service:

• Prepares and conducts a tender among the declared design companies in order to determine the general designer, as well as design subcontractors.
• Responsible for preparing contracts with design organizations.
• Prepares documentation for holding elections for construction work.

For whom is it appropriate to apply?

Many citizens will probably be interested in who such organizations are created for and who can apply to them? In principle, the customer/developer service reviews absolutely all proposals. After all, their main task is to respect the interests of all parties. And it can be used not only by clients ordering the construction of buildings, houses, etc., but also by contractors, investors, as well as entire departments for capital urban planning.

The benefits are obvious to everyone. For example, the customer is freed from the need to deal with red tape with initial documentation, as well as resolving his issues with government agencies. All this will be arranged, carried out and checked for correctness by a hired service. As for construction organizations, this also benefits them, since they get an interesting project and a serious customer. In addition, performing work in accordance with the declared quality will become an advertising project that will distinguish the company from its competitors. We can say that all parties win here.

Project construction stage

At the stage of construction of the facility, the technical customer service carries out constant quality checks of the work performed. And it is mandatory to accept the planned physical volumes of completed stages in the course of activities in accordance with the acts. In addition, it conducts the inspection and acceptance of installation critical elements and checks the quality of installation. Monitors their testing and draws up as-built documentation. He is also involved in organizing and conducting (with his own evaluation participation in the work) the state acceptance commission regarding the completed construction of the facility.

Budget for service maintenance

Funds provided for the maintenance of customer-developers must be included in the estimate documentation, and specifically in Ch. No. 10 of the summary calculation of construction costs (clause 4.87 of the MDS Methodology No. 81-35.2004).

If the work is carried out at the expense of the federal budget, then the amount of said funding is determined in accordance with the standards approved in 2005 by the State Construction Committee of the Russian Federation. How is this calculated? The costs of maintaining the customer's technical supervision service, in the case of using federal budget funds, are calculated as a percentage: from 1.1-1.5% of the annual volume of capital investments (according to Appendix No. 2 to Rosstroi Order No. 36). This depends on the amount of capital costs and the number of settlements in the region where construction is taking place.

If the finances are not from the State Budget

If construction is financed by private investors, then they set the amount of funds independently. This may have already been decided and specified in the construction contract. For example, the maintenance of the customer-developer can be agreed upon and determined in the form of a certain separate amount of money. Or, as in the case of state budgetary funds, payment for the work of the service may be a certain percentage in relation to the value of a specific indicator agreed upon by the parties (for example, regarding the volume of capital expenditures or another value of an economically justified indicator).

Transfer for maintenance

As a result, if the amount of the amount is specified initially, the funds will be transferred by the developer separately from the capital budget allocated for construction. For example, in the form of remuneration for work performed.

The customer service can be financed from already constructed real estate included in the inventory value if the funds are reimbursed from estimated allocations and are considered capital costs for construction. For the purpose of such accounting of expenses, this norm is specified in clause 1.4 of the regulations on accounting for long-term investments.

By agreement

When drawing up an agreement with representatives of the technical customer service, the investor can assign absolutely any amount of responsibilities to them. This also applies to the full management of all stages of the implementation of the invested project. Services may include everything from collecting initial permitting documentation before the start of project development to the actual registration of commissioning permits. If necessary, they will take care of other matters, for example, drawing up the required agreements with resource supply and operating companies.

Independently or not is a matter of choice

The technical customer is an official service company that literally organizes and controls the entire ongoing process of constructing an object - from the development of design documentation to its commissioning. The developer can carry out the functions of such an organization independently. However, the involvement of specialized firms very quickly became widespread. So it's worth it.

The answer to the question “Who is a technical customer” can be summed up in the following formulation: “This is an organization that provides a full range of engineering services in construction from project development to commissioning of the facility.” When examining in detail the functions of a technical customer, it becomes clear that the area of ​​his responsibility is much wider than it seems at first glance. The technical customer is not only a professional performer in terms of preparing permits and going through the procedure of all approvals, he is a partner who is an expert in organizing construction sites, obtaining technical conditions for connecting to utility networks, financial control and more. The technical customer plays a key role in managing the construction process and effective interaction with all its participants. The role of the coordinator, who carries out technical supervision at all stages, controls the quality and timing of construction.

The emergence of the concept and its legitimacy

The term “technical customer” officially appeared in the eighties, when the Soviet Gosstroy issued a corresponding regulation. The state customer created a special service, whose activities included pre-construction preparation and the functions of technical supervision of construction. Together with the separation of investment issues of the customer-developer into a separate section, this probably led to the emergence of the concept of “technical customer”. The technical customer service fully coped with the obligations assigned to it and, in particular, with the function of quality control in construction, and after the collapse of the Soviet political system it turned out to be the most prepared to work in the new conditions.

Today, the need for such a participant is dictated by the market, since this is a multifaceted work, and its implementation requires knowledge that has been acquired over the years. There is no technical customer specialty as such; representatives of the service emphasize that this is, first of all, a long-term practice that is not taught at any university.

In performing a whole range of services, the technical customer is, first of all, guided by his contractual obligations. Since there are agreements, legal aspects of their implementation also appear: administrative documents, court decisions and others. Information on the performance of the functions of a technical customer can be found in the Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2002 and the Federal Arbitration Court of the Moscow District dated December 6, 2006. In addition, the Moscow authorities formulated what they mean by the concept of “technical customer”. Let's quote from the Moscow Government Resolution No. 386-PP dated June 13, 2006 “On the progress of the development of the system for placing state orders in the city of Moscow”: “8.2.2. Include in the terms of bidding for the selection of design organizations and organizations performing control and supervision functions for the period of design and construction of facilities (hereinafter referred to as technical customers), the terms for the development and approval of design and estimate documentation...”

In other words, the term has caught on, but there was no legal definition of a technical customer, his rights and obligations until recently. Official recognition of the technical customer as a full-fledged subject of the construction industry took place in 2011. Amendments to the Town Planning Code of the Russian Federation were made by Federal Law No. 337-FZ of November 28, 2011. Instead of the name “customer” the concept “technical customer” is now used. Technical customer is an individual (acting on a professional basis) or legal entity authorized by the developer and acting on his behalf. The term “technical customer” appears in many articles of the Urban Planning Code of the Russian Federation, in paragraph 22 of Art. 1 provides a complete definition of the technical customer and clearly states its functions: “Concludes agreements on the performance of engineering surveys, on the preparation of design documentation, on the construction, reconstruction, overhaul of capital construction projects, prepares assignments for the implementation of these types of work, provides them to persons performing engineering surveys and (or) carrying out the preparation of project documentation, construction, reconstruction, major repairs of capital construction projects, materials and documents necessary to perform these types of work, approves the design documentation, signs the documents necessary to obtain permission to put the capital construction project into operation, carries out other functions provided for by this Code. The developer has the right to perform the functions of a technical customer independently.”

A technical customer is like a conductor in an orchestra, a producer in a movie, a locomotive in...

To objectively understand the importance of the technical customer in construction, let us dwell in more detail on the functions that are assigned to him. According to representatives of the technical customer service, their main task is to provide technical support for pre-project and design documentation and manage the project at the stage of its development and approval. The technical customer acts as the organizer of the process of interaction between all its participants and provides the main connection between investors (customers), designers, contractors and approval authorities. Taking into account the interests of everyone, the technical customer takes responsibility for ensuring that the facility is completed on time in accordance with the project and with all building codes and regulations.

So, let’s imagine that there is a allocated plot on which the customer (investor) decided to build a multi-storey building, and there is a town planning plan for this plot, on the basis of which it is necessary to prepare various documents. These include a lease agreement and free-term use of land plots for the period of design and construction of objects, as well as documents on the registration of land and property relations and the transfer of land plots to the required category.

In other words, a flurry of paper falls on the head of the technical customer, marking the beginning of the stage of pre-design work and preparation of a set of initial permitting documentation. Further more. After the development and approval of the architectural and planning concept, it is necessary to obtain technical conditions for connecting the facility to existing utility networks. At the same time, it is not enough to receive them; the validity of all issued technical conditions for electricity supply, heat supply, water supply, sanitation, telephone installation, radio installation, outdoor lighting and gasification must be confirmed by operating organizations, of which, as you understand, there are a great many.

Having passed through the offices of Mosenergo and the Moscow Heating Network Company, MOEK and Mosvodokanal, Mossvet, Mosgaz and other organizations, the technical customer approaches the next stage in full combat readiness. In the package of documents required for holding competitions and bidding for the selection of a design organization, in addition to the cherished technical conditions, he includes an agreed urban plan for the land plot, an architectural concept with planting on the site, an archival geological basis and other materials.

After the choice of company has been made, you can begin to develop design and estimate documentation, having previously concluded an agreement with the design organization to carry out the relevant work within the established time frame. The assignments received from the designers are approved by the Moscow Committee for Architecture, the Department of Education and Health, the Departments of Housing Policy and Housing Fund, and others. The developed design and estimate documentation undergoes environmental assessment, as well as industrial and fire safety assessments.

After receiving the conclusion of the Moscow State Expertise, the project is transferred to the customer (investor) for tendering to select a contractor, as well as suppliers of equipment, construction materials and services. At the same time, the technical customer prepares materials for the competition, monitors the timing of its holding, in other words, takes a direct part in organizing the process from start to finish.

And now a team of specialist developers has been formed, but before letting it onto the site, the technical customer will have to obtain a construction permit. It is necessary to draw up documents for the allocation of land for construction work, and also, during the period of construction work, obtain permission from the city’s operational services to use existing communications. In addition, obtain permission to carry out work in the area of ​​overhead power lines in the right of way of railways and highways, underground communications and engineering structures.

A separate story with permission to cut down and replant green spaces: you can get rid of a tree that has fallen into the construction zone of an object only if you can prove the need for cutting down, for this you need to go to the construction site together with experts from the center for resolving these issues.

The technical customer's area of ​​responsibility includes the creation of a geodetic alignment basis for construction, laying out the axes and routes of buildings and structures, monitoring buildings and structures during construction, supervising geological exploration and drilling work during surveys for construction. This is not a complete list, but, in our opinion, it is quite sufficient to understand the volume of work of the technical customer at this stage.

During construction, the technical customer carries out control and technical supervision, and this is not only about checking the quality of the materials, structures and equipment used. The technical customer acts as an inspector who monitors the timing, volume, cost and quality of work in accordance with the project and the requirements of regulatory documents.

And now, when the path from the city plan to the construction of the facility has been completed, and the house is ready, the many-sided activities of the technical customer are approaching the final stage. All that remains is to complete the paperwork necessary for acceptance and commissioning of the facility. The technical customer transfers a complete package of documents, including BTI materials and warranty obligations, to the customer - the owner of the newly built house - for registration of ownership.

The work of the technical customer in the field of financing, accounting and reporting at all stages of the project deserves special attention. After all, it is he who determines and agrees with the contractor, with the participation of the design and subcontracting organizations, contractual prices for the construction of facilities, checks the invoices submitted for payment for the work performed by contractors, suppliers, design, survey and other organizations. Controls the expenditure of the estimated limit for the appropriate structure of capital investments, as well as the reliability of accounting for construction projects and costs. The technical customer promptly prepares reports on the use of allocated funds, both to the investor and to the relevant government bodies - for all types of activities.

So, we hope it is now clear why construction market experts compare the technical customer to “a locomotive that pulls a construction site,” “a conductor in an orchestra,” and “a producer in a movie.” The technical customer, whatever you call him, plays a leading role in the organization of construction, and is needed by everyone: the customer, designers and contractors, regardless of the form of the investment project. However, we emphasize that the breakdown of the functions and responsibilities of the technical customer was carried out, first of all, in the context of his many years of practice, that is, based on the budget financing system, when funds for construction are distributed through the government customer service.

Even with the transition to a market economy, the role of the technical customer as a link between the state and large developers has essentially not changed. Moskapstroy is a striking example of this, a company with more than half a century of experience, which has gone from UKS and GlavUks to a self-supporting association for the provision of engineering services with subsequent transformation into a joint-stock company. Today, the priority direction in the work of our company remains urban order objects, but at the same time we successfully cooperate with commercial structures of the capital and regions.

There is an opinion that it is reasonable for an investor to invite professionals to manage a large single project, whereas for a large long-term construction program, an in-house technical customer service is created. Indeed, there are major players in the market that have their own management structure, but they are gradually moving away from this practice. When constructing complex and large-scale projects, investors turn to the technical customer service for help, and we are no longer talking about single orders, but about a trend, so we will talk about this separately.

In partnership with an investor

Who is a technical customer and is one needed at all? This is the most difficult question for any investor. The technical customer service involved in the investment project can be called in another way a management company that knows a lot about urban planning. In fact, this is both management and consulting, and the investor can entrust the technical customer with both full support of the project and its individual stages.

At the stage of obtaining permits, it may seem that the role of the technical customer is reduced to executive functions. However, experienced investors know how important it is, already at the first stage of project promotion, to build the best possible partnership with the technical customer, on whom the optimization of the entire project, saving time and material resources depends.

First of all, we are talking, again, about obtaining, depending on the complexity of the object, a huge number of different conclusions, agreements, and statements. In this case, it is necessary to take into account the timing of consideration or execution of applications, as well as the fact that most of them are regulated by several legal or by-laws, and violation of the simplest formal requirements leads to a reasoned refusal. This is where a team of specialists comes to the rescue, capable of obtaining permission from the necessary approval authorities in a timely manner.

In addition, the technical customer takes on more than a simple role as a link between the investor and the designers. Only a professional is able to understand the client’s language and convey his wishes to the architect, whose statements will, in turn, have to be translated into the investor’s language. That is, it is necessary to take into account the interests of everyone and at the same time comply with the rules of the game.

According to technical customer service specialists, they try to give the investor the most comprehensive and complete answer to every, even the most insignificant problem. Typically, an investor does not have full knowledge in the field of capital construction; his team may not have either construction experts or lawyers specializing in this topic. Only a manager can guide him in matters of obtaining technical specifications, applying new technologies in construction and other well-known methods for optimizing a project.

As a result, the increase in costs associated with attracting a technical customer will result in serious savings. The technical customer knows the specifics of organizing the construction process, in which there is a clear sequence of tasks, and he solves them without wasting time, relieving the investor of unforeseen costs.

During construction, a lot of questions arise that were not taken into account in the project plans and budgets. Here, for example, is a recent case from the practice of Moskapstroy, when at an inspected construction site in an open pit, an old bomb shelter was discovered that was not marked on the geological basis. As experts note, in resolving such issues, efficiency is needed; delays at any stage are fraught with additional costs, especially if this leads to an increase in construction time.

In fact, each object has features that sometimes require a radical revision of the project development strategy and the composition of project documentation. And here the technical customer becomes not just a full partner, but also a trusted representative of the investor on the construction site. In this case, you should trust the specialized service of the technical customer, which has knowledge and practice of applying legislation and regulations, is able to maintain a large amount of current documentation and its own intermediate control of documents developed by external organizations. The technical customer maintains financial records and monitors the compliance of the volumes and quality of work presented for payment, monitors cost efficiency and profitability of the project at all stages of development.

At the same time, we emphasize once again that the technical customer is not only a professional in the field of construction, but also a competent manager with organizational skills and the ability to conduct any negotiations. With the right approach and effective organization of the construction process, the technical customer is a performer, consultant and manager in one person, but, above all, it is a partner who, while complying with regulatory requirements and the quality of work, defends the interests of the investor.

To understand the role of the technical customer in the construction process, it is important to take time to consider some of the business entities that are directly involved in the construction process, since the participation of the technical customer in it implies communication and cooperation with most of the entities presented below.

A large number of business entities are involved in the construction process, namely:

1. Investor
2. Customer (technical customer)
3. Developer
4. General contractor
5. Subcontractor
6. Designer
7. Other

In order to understand the specifics of the technical customer’s activities, one should consider the main functions that it performs, presented below in Figure 1.

Figure 1 - Main functions of the customer

Now let's move on to considering the relationship between the developer and the contractor.

A construction contract is an agreement under which one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result of this work to the customer, and the customer undertakes to accept and pay for it

The parties to the contract are: the customer and the contractor.

In relation to the contracting organization, the technical customer faces the following task: he must pay remuneration and accept the work performed from the contractor. When accepting the work, the technical customer identifies deficiencies, if any, and points them out to the contractor to eliminate them.

Also, in relation to the contractor, the technical customer:

1. Obliged to accept work within the time frame and in the manner specified in the contract
2. The right to control the performance of work, give instructions on the method of their implementation, specify the requirements for the result of the work performed, without changing the essence of the task
3. The right to refuse the services of a contractor if the latter does not begin work on time or performs the work so slowly that it jeopardizes the completion of the work on time.
4. Etc.

Among other things, the technical customer also controls the investor’s financial flows in order to reduce costs. The functions of the customer include competent project management, in particular financial management, reporting, etc. Below are some of the functions that the technical customer performs in the field of financing, accounting, reporting and auditing:

1. Maintains accounting, operational and statistical records
2. Controls the receipt of timely payment for work performed and other payments provided for in contracts
3. Presents statutory reporting
4. Conducts cost analysis for individual expense items and types of work and services and takes measures for the effective use of funds allocated by the investor
5. Organizes an audit, in agreement with the investor
6. Etc.

Below is a table with the main functions performed by the technical customer in the field of preparation and use of the construction site and in the field of control and supervision of construction progress.

Table 1 - Main functions performed by the customer

In the field of preparation and use of the construction site	In the field of control and supervision of construction progress
1. Preparation of documents for the allocation of a land plot for construction and installation work	1. Monitoring and technical supervision of construction and installation works on behalf of the investor
2. Obtaining permission from the relevant city operational services to use existing communications according to a temporary scheme	2. Obtaining permission to carry out construction and installation work
3. Preparation of documents for replanting and cutting down green spaces	3. Creation and transfer of a geodetic and alignment basis to the construction organization
4. Determination of volumes and locations for removal of soil and fertile soil layers	4. Notifying contractors about the location for storing materials
5. Creation of a geodetic alignment basis for construction	5. Transfer of approved and examined design and estimate documentation to contractors for production
6. Control over deformations and condition of buildings and structures in the construction area	6. Control over the implementation of the work schedule
7. Etc.	7. Etc.

It can be concluded that the technical customer plays a leading role in organizing construction and is the link between the investor, contractors and designers. Most leading Russian construction companies have already realized the importance of cooperation with a competent and market-proven technical customer company, because participation in the process of a technical customer simplifies construction control, cash flow management and many other key tasks for the investor.

Listing the main functions of the technical customer, one should also reveal the essence of the basics of construction control.

Construction control is a set of expert verification activities carried out to ensure strict compliance with the cost, timing, volume and quality of work and construction materials determined by the project.

According to the Urban Planning Code of the Russian Federation, construction control can be carried out during the construction, reconstruction, and major repairs of capital construction projects, in order to verify the compliance of the work performed with design documentation, the requirements of technical regulations, the results of engineering surveys, as well as the requirements of the urban planning plan of the land plot.

Construction control must be carried out by the person carrying out the construction. In the case of construction, major repairs or reconstruction on the basis of a contract, construction control is also carried out by the technical customer or developer, or an individual or legal entity attracted by them on the basis of a contract.

The main objectives inherent in construction control are presented below in Figure 2.

Figure 2 - Objectives of construction control

Based on the material presented, the following conclusion can be made. Firstly, the leading role of the technical customer in construction becomes obvious, as the most important link in such a difficult and costly process. Secondly, construction control, also one of the most significant and labor-intensive components in the construction process, in most cases falls on the shoulders of the technical customer. Thus, competent implementation of construction control by the technical customer allows the investor to promptly convey all information regarding the construction process, and also allows for the implementation of the project without inflating the estimated cost of construction and ensuring the high quality of the work performed.

References:

1. Kostenko M.A. Commercial law lecture notes, Taganrog, TTI YFU, 2007
2. Asaul A.N., Koscheev V.A. State business in the constriction industry (state construction order), - SPb.: ANO IPEV, 2009, 300 p.
3. Civil code Russian Federation
4. City planning code Russian Federation
5. www.acstroy.com/technical-customer

As a construction customer (with a contractor).

Customer

In construction, the Customer (the person who orders the construction or reconstruction of an object) enters into a contract with a contractor. steam adjustable Chapter 3 37 of the Civil Code of Russia (Civil Code of the Russian Federation). In the Civil Code of the Russian Federation, the parties to a contract (including construction) are referred to as the Customer and the Contractor:

“Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the customer undertakes to accept the result of the work and pay for it.” (Clause 1 of Article 702 of the Civil Code of the Russian Federation).

That is, the contractor can also be the customer if he enters into a construction contract, as the customer, with a subcontractor.

Example

Company A entered into construction contract No. 1 with construction Company B for the construction of a production workshop.

To fulfill this agreement, Company B entered into construction contract No. 2 with construction Company B, entrusting it with performing part of the work on the construction of the production workshop.

In agreement 1:

Company A - Customer

Company B - Contractor

In agreement 2:

Company B - Customer

Company B - Contractor

Developer

A person who ensures the construction of facilities on a land plot owned by him (Article 1 of the Town Planning Code of the Russian Federation). That is, the main sign of a developer is that construction is taking place on a plot of land owned by him. In most cases, it acts as a customer in construction, involving contractors under a contract. Sometimes this is called the Customer-Developer.

The developer does not necessarily have to have ownership of the land on which the facility is being built. The developer can provide construction of the facility, for example, on a leased land plot.

The developer can attract investors to construct the facility. In this case, the developer receives targeted funds from investors, controls the progress of construction and ensures the transfer of the result of construction work to investors (in their part).

Example

The developer is constructing an office center building. The developer attracted an Investor. Under an investment agreement, the developer undertakes to transfer ownership of 1,000 meters of office space in the constructed building to the investor.

Technical customer

A person who performs the function of a customer in construction for a fee. To do this, this person enters into an agreement with the developer to perform the functions of a customer in construction (Article 1 of the Town Planning Code of the Russian Federation).

The attraction is due to the peculiarities of construction. Considering that this industry is extremely complex and responsible, sometimes a customer who does not have enough experience in construction (or does not have enough resources) hires a professional organization, which, under a contract (technical supervision, technical order), performs the function of the customer. Such a professional organization acts as