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 an organization that will avoid any disputes between the parties by conducting a full 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.

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

Mail for sending materials for examination:
Address: Moscow, Prechistenka street, building 10

Technical customer functions

A technical customer is a representative of the investor’s interests who accompanies his projects at all stages of their implementation and professionally resolves all emerging technical and legal issues. The technical customer is fully responsible to the investor for technical and economic indicators during construction, including the design stage, and is also engaged in defending the financial interests of the party that hired him. An agreement is signed between the parties, which specifies the terms of cooperation, including the scope of responsibility of each of the signatories.

Among the main tasks included in the responsibilities of the technical customer is the organization of construction control. As part of it, each stage of construction is very seriously checked, as a result of which violations and errors in the technology of performing the work are discovered.

The functions of the technical customer in construction include monitoring the funds spent on the implementation of the project and invested by the investor. The most important point here is to limit unnecessary spending. Of course, this cannot be completely ruled out, but if cost exceedances occur, it will only be if there are compelling reasons.

In an agreement with a technical customer, an investor can specify any scope of his responsibilities, up to carrying out all stages of the implementation of an investment project. The services of a technical customer may include everything from collecting initial permitting documents for preparing project documentation to obtaining permits to put the facility into operation. If necessary, he will take other necessary actions, for example, enter into agreements with resource supply and operating organizations.

In general, the technical customer service deals with the following tasks:

• collects and prepares initial permitting documentation;
• accompanies the design process;
• conducts project reviews;
• obtains construction permits;
• carries out technical supervision of construction;
• is engaged in commissioning of facilities.

Technical customer – construction locomotive

Many people incorrectly perceive the technical customer as a supporting organization that can quickly and correctly prepare permitting documentation and carry out the necessary approvals. In fact, this is a partner company that has an expert understanding of issues related to:

• organizing work on a construction site;
• obtaining technical specifications for connection to utility networks;
• control over the expenditure of funds and much more.

The technical customer company plays a key role in managing construction processes and establishing effective interactions between all participants. She is also engaged in technical supervision, that is, she ensures the quality of construction and compliance with the deadlines stipulated by the project.

The concept of technical customer officially appeared in the 1980s along with the corresponding regulation of the State Construction Committee. The state customer created a special service that was involved in preparation for construction and technical supervision. After investment issues were allocated to a separate section for the customer-developer, most likely, the concept of a single technical customer appeared. The technical customer service in construction that existed at that time coped well with the functions assigned to it, including monitoring the quality of construction work. When the Soviet economic system ceased to exist along with the country, this service turned out to be the most prepared to work in a completely new situation.

Most often, a technical customer working as an LLC is objectively necessary for the construction market, since he is engaged in multifaceted work, which requires knowledge acquired over the years. At the same time, this specialty is not taught at any university, and everyone involved in the functions of a technical customer acquires the necessary skills over many years of work.

The technical customer in construction is a concept that has been officially recognized and enshrined in documents quite recently. It was recognized as a full member of the construction industry in 2011. A definition has appeared in the Civil Code of the Russian Federation stating that a technical customer is a legal entity or an individual working on a professional basis who receives the appropriate powers from the developer and acts on his behalf. At the same time, the Civil Code assumes that the developer and the technical customer can be one person, that is, the former does not involve outside professionals and performs the duties provided for here himself.

What problems does a technical customer solve in practice?

To fully understand the importance of the single technical customer service, you need to talk in more detail about the work it does. First of all, the technical customer undertakes solving issues related to the preparation of pre-project and design documentation, as well as project management in the process of its development and approval. He organizes fruitful interaction between all participants in the process:

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

The technical customer department must take into account the interests of each party, and at the same time ensure timely delivery of the object, provided that it complies with the project and regulatory documentation.

Work begins with the allocation of a site for construction, for which there is a town planning plan. Based on it, the technical customer department prepares several documents at once, including:

• lease agreements;
• agreements for free, urgent use of land during the development of the project and implementation of construction;
• documentation for registration of land and property relations;
• documents for transferring land to the required category.

After the architectural and planning concept has been developed and agreed upon, it is necessary to obtain technical conditions for connecting the facility to utility networks. The organization performing the functions of a technical customer must not only receive these documents, the validity of all issued specifications must be confirmed in numerous operating organizations. In particular, the provision of technical customer services here includes interaction with organizations that provide at the facilities:

• electricity supply;
• water supply;
• drainage;
• heat supply;
• gasification;
• radiofication;
• telephone installation;
• outdoor lighting and so on.

After passing through all operating organizations, the technical customer proceeds to preparing a competition to select a design organization. It collects into a single set the package of documents required here, including:

• Specifications for connecting communications;
• urban planning plan 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, indicating the timing of the necessary work. The developed project is being approved by the architectural and other departments. In addition, various examinations are carried out in relation to it: environmental, industrial, fire safety.

When the project is fully agreed upon, the single technical customer system transfers it to the investor. He, in turn, organizes a tender to select a contractor and suppliers of construction materials and equipment. The responsibilities of the technical customer in construction at this moment are reduced to preparing materials for the competition and monitoring the timing of its implementation.

After developing the project and determining who will implement it and how, the technical customer proceeds to obtaining a construction permit. According to the documents, the land plot must be allocated for construction work; during construction, permission to use existing communications must be obtained from the city operational services. In addition, it is necessary to coordinate work in the locations of overhead power lines, underground communications and various engineering structures.

The technical customer, by definition, is responsible for resolving all issues related to the preparation of the site for development. In particular, he supervises the cutting down and replanting of trees located in the construction zone. To do this, you need to prove the need for felling, and here specialists from the relevant administration department must visit the construction site.

When providing services to a technical customer in construction, the following actions are carried out within his area of ​​responsibility:

• a geodetic alignment basis for construction is created;
• the axes and routes of buildings are laid out;
• monitoring of buildings and structures during construction is carried out;
• supervised geological exploration and drilling work that is part of the survey in preparation for construction.

We have not listed all the functions of the technical customer in the design and preparation of construction. However, from this it is already clear how serious the volume of work is performed by the technical customer attracted by the investor.

Responsibility of the technical customer during the construction process

When carrying out construction work, the technical customer is responsible for control and technical supervision, and he checks not only the quality of the materials and structures used, but also the serviceability of the equipment used. The head of the technical customer service acts as an inspector who monitors such issues as the volume of work performed, the timing of its completion, cost and quality.

When construction is completed, the technical customer also completes his work. He prepares the documents required for acceptance of the facility and its commissioning. The tenant receives from the technical customer the entire package of documents necessary to register his property rights. This includes BTI documentation and warranty obligations.

A special area of ​​work when performing the functions of a technical customer is monitoring the expenditure of financial resources allocated by the investor. Here the following obligations are imposed on him:

• coordination with the contractor and subcontractors of construction costs;
• checking invoices submitted for payment for work performed;
• control over the expenditure of funds within the approved budget;
• monitoring the accuracy of accounting;
• timely preparation of technical customer reports on the use of allocated funds.

Why does an investor need a technical customer?

There is a fairly widespread opinion that for an investor it is most justified to conclude an agreement for the services of a technical customer in the case of managing a large single project. If we are talking about a large long-term construction project, then a decision is made to create a technical customer service within its own structure. Let us note that this scheme of work continues to exist, and serious market players often create a technical customer within themselves. However, this is still a fading practice, and increasingly, regardless of the scale of the project, the investor enters into an agreement for the provision of technical customer services with a third-party organization.

When attracting a technical customer, an investor assumes that he will perform both management functions and engage in consulting. The contract for the functions of a technical customer may provide that he will be involved in both full support of the project and only its individual stages.

The investor needs to build relationships with the technical customer already at the first stage of the project, when he is involved in drawing up various conclusions and approvals. Its further optimization, as well as saving time and money, depends on how closely the technical customer enters into the project.

The technical customer, among other things, solves the rather complex problem of establishing interaction between the investor and design specialists. Here you need to first familiarize yourself with the customer’s wishes, which are conveyed to the architect in the correct form. Design specialists, for their part, can also enter into dialogue with the investor, and their statements also need to be translated into understandable language for those who only have a superficial understanding of construction technologies. At the design stage, the technical customer must take into account the interests of each party and ensure that their actions do not go beyond the existing framework.

The cost of technical customer services includes providing the investor with the necessary consultations. The most complete explanations are given on any issues, since the party investing funds usually does not have the necessary knowledge in terms of capital construction.

Of course, the investor's costs will increase by the cost of the technical customer, but these additional investments will ultimately result in significant savings. By centralizing the functions of the technical customer, the construction process is correctly aligned, and each stage is implemented without the appearance of unexpected costs.

During construction, various issues always arise, leading to violations of previously drawn up plans and approved budgets. In such cases, the technical customer seeks their resolution with minimal cost overruns for the investor. However, it is important not only to reduce unexpected expenses. When resolving such issues, it is also necessary to act promptly, since failure to meet construction deadlines is often fraught with much greater losses. Sometimes the features of an object identified during the implementation of a project lead to the need to radically revise its development strategy and rework project documentation. For the developer, the technical customer, who is so deeply immersed in the project, becomes not only a trusted partner, but also a real trusted representative representing interests on the construction site. The technical customer controls the quality and volume of work performed, the efficiency of spending financial resources and ultimately monitors how profitable the project remains at each stage of its implementation.

The list of responsibilities contained in the regulations on the technical customer indicates that he is not only an expert in the construction industry. The technical customer is also a professional manager who can organize any work process and conduct negotiations of any level and complexity.

Technical customer service, questions and answers

1. Can the technical customer’s contract for the design and general support of the project up to the commissioning of the facility contain signs of an investment agreement? The client-developer wants us, in addition to performing the functions of a technical customer, to also invest in the project. He justifies this by saying that it increases our interest in its successful implementation.

In this case, the investor violates the principles of conducting construction activities with the involvement of a third-party technical customer. The latter cannot invest in the construction that he is engaged in servicing. This makes him an interested party, which is unacceptable. This ban is important, first of all, for the investor himself, who needs an independent third party to resolve technical issues related to the implementation of the project while he himself is dealing with “political” issues. In your case, apparently, we are talking about an investor who is either a beginner who has not gained sufficient experience, or is trying to implement some dubious schemes.

2. Do I need to join an SRO to work as a technical customer?

There is no mandatory membership in an SRO to perform the functions of a technical customer. However, if you study the norms prescribed in the Federal Law, the Civil Code of the Russian Federation and the Urban Planning Code of the Russian Federation, it becomes clear that without the approval of an SRO, the technical customer will not be able to perform certain actions, for example, control the quality of construction at the site.

3. Can a technical customer, on its own behalf, enter into contracts with contractors during the implementation of a project controlled by it?

No, in accordance with the definition of a technical customer from the Urban Planning Code, he is only an agent of the investor and can engage contractors only on behalf of his employer. If you look at a standard technical customer agreement (a sample can be easily found on the Internet), it is clear that this is only a type of agency agreement. Thus, invoices and other documents must be issued by the technical customer as an agent.

In practice, you can sometimes find cases where the technical customer independently enters into agreements with contractors, after which the costs are rebilled to the developer. Here, consolidated invoices can be drawn up, and sometimes tripartite agreements, which indicate the technical customer, investor and contractor. The signing of acts KS-2 and KS-3 is also carried out by three parties, and invoices are issued to the developer. The technical customer service does not receive funding; it is paid the remuneration that is specified in the contract. Despite the fact that this scheme is sometimes used, it violates the basic logic of the technical customer’s work and contradicts the functions that are defined for it in the regulatory documentation. Work using this method is successful only if there is no external interference in the interaction of the parties and no controversial situations arise between them, the resolution of which occurs through the court or other third-party authorities.

While studying Law No. 372-FZ, which significantly changes the entire system of self-regulatory organizations in construction, I came across a question to which (I’ll be glad to be wrong) there is no correct answer today. But the answer is needed - there are too many risks, money and actions tied to it.

As a rule, the following are involved in the implementation of a real estate construction project:
1. Developer;
2. Technical customer;
3. Construction inspector (conventional name; a person exercising construction control in accordance with Article 53 of the Civil Code);
4. General designer;
5. Designer(s);
6. General contractor;
7. Contractor(s)
8. Subcontractor(s)
In a condensed form, their functions and the need to be in an SRO are shown on the X-mind map:

Link to full image on Google Drive.

As you can see, if a participant is required to have professional knowledge in construction, then he must be a member of an SRO.

All contractors, including designers and surveyors, must have certificates of authorization.

“Generals” who themselves do not build or draw anything, but organize the process, must have an SRO by virtue of paragraphs 13 and 33 of Order No. 624.

“Construction inspectors” are also members of a self-regulatory organization, since their competencies require professionalism, and in addition, there is paragraph 32 of Order 624, obliging them to join there.

The developer obviously does not require any evidence from the SRO (I always say that the ideal developer is just as much of a fool as the consumer. The developer’s job is to give money and land and go smoke. Nothing more).

It’s more difficult with a technical customer. Its functions, relatively speaking, can also be considered purely “developer”, “consumer”, not going beyond the scope of “gave money, went to smoke, I’m waiting for the result, guys.” Here they are, these functions:

1. concluding contracts with contractors;
2. preparation of assignments for the execution of work (this could be regarded as a professional function of the technical customer, if the technical specifications were not made by the contractors themselves and the role of the developer/technical customer was not limited to the approval of these technical specifications);
3. provision of initial documentation and customer-supplied materials to contractors;
4. approval of project documentation;
5. signing documents to obtain permission to put the facility into operation;
6. other functions (which ones, besides construction control, which is allocated as a separate position?)

The conclusion that the technical customer performs exclusively representative functions follows:
- and from the law (clause 22 of Article 1 of the Town Planning Code: the technical customer acts on behalf of the developer; the developer has the right to perform the functions of the technical customer independently);
- and from judicial practice (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 30, 2014 No. 33, paragraph 22: “... for the purpose of applying the provisions of Chapter 21 (Tax) Code, a technical customer who does not simultaneously perform the functions of a contractor must be qualified as an intermediary and apply to it the rules of paragraph 1 of Article 156 of the Tax Code of the Russian Federation"; Resolution of the 15th AAS in case No. A32-9696/2013, FAS MO in case No. A40-124446/12-129-930: the technical customer is not the person carrying out the construction, he performs some representative functions of the developer).

Thus, the technical customer is just a “slightly more experienced” hand of the developer, which has no independent significance, does not carry out professional functions in construction, and therefore is not a member of the SRO.

What does Law 372-FZ do?
He, leaving the role and functions of the technical customer unchanged, for some reason charges him with the obligation to join all SROs at once:
"The functions of a technical customer can only be performed by a member of a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects...(Clause 22 of Article 1 of the Civil Code in the new edition).

That is, if after July 1, 2017, the developer wants to hire a technical customer, he must have membership in the SRO (accordingly, contributions to the compensation funds of two self-regulatory organizations, specialists: GIPs and GAPs, managers with higher education in both construction and design , work experience both there and there, and so on).

No, the developer thinks, I can’t handle such a technical customer. I’ll go and conclude contracts with designers and contractors myself. I don’t need an SRO for this, do I?
Not a fact, the in-house lawyer answers the developer. After all, the law says: the functions of a technical customer can only be performed by a member of an SRO. Therefore, before you sign contracts for the project and construction, go, developer, and join all SROs yourself at once, make contributions, hire specialists, and so on.

Thus, the developer has only three options:
- or hire (or develop) a technical customer who has membership in both SROs - how many such technical customers are there today and how much do they cost?
- or join all these SROs yourself only in order to have the legal opportunity to sign general contracting and general design agreements.
- or give up, hire specialists and design and build it yourself.

Which of these options is optimal needs to be considered, but any of them, in my opinion, is redundant. Why an unnecessary membership in an SRO was imposed on the technical customer and why, at worst, they did not leave an exception in the Urban Planning Code that the developer can himself perform the functions of a technical customer without joining the SRO is a mystery.

I'm asking for opinions - does the developer have legal options to build without a technical customer, concluding contracts directly with contractors, without entering into an SRO?

1. Status of the customer-developer

1.1. The customer-developer is a legal entity and an individual authorized by the investor (or being an investor itself) to implement investment and construction projects. The customer enters into, within the limits of the rights granted to him, a construction contract with a contractor (contractor).

1.2. The customer-developer, who is not an investor, is vested with the rights to own, use and dispose of capital investments for the period and within the powers established by the agreement and (or) government contract in accordance with the legislation of the Russian Federation.

1.3. To perform the functions of customers, as well as to carry out construction and installation work in an economic way, the customer-developer must have a state license.

1.4. The activities of the Customer-developer ends after registration of the commissioning of the facility with local authorities, unless otherwise provided in the agreement with the investor.

1.5. The customer-developer carries out its activities in accordance with the legislation of the Russian Federation and the requirements of regulatory documents in construction.

2. Tasks of the customer-developer

The tasks of the customer-developer include:

2.1. Organization of the implementation of an investment project (pre-project preparation, analysis of the capabilities of participants in the investment and construction process, construction planning, including design, survey, research, development, construction and installation, finishing work, seismic surveys and other work related to construction and repair of industrial and non-production facilities). The tasks of the customer-developer may include the entire complex of organizational and managerial work ensuring turnkey construction (at the expense of funds transferred to him under an agreement with the investor).

2.2. Ensuring the efficiency of capital investments based on the use of advanced production and information technologies in the design and construction, compliance with norms and standards for the design and construction of facilities, and other individual investor requirements for the technical level and quality of the facility, allowing to obtain a competitive result. Mandatory are the requirements established by state standards to ensure the safety of products, works and services for the environment, life, health and property, as well as other requirements established by the legislation of the Russian Federation.

3. Functions of the customer-developer

The customer-developer in the process of design, construction and commissioning of the facility performs the following functions:

3.1. Pre-design preparation and construction planning.

3.1.1. The customer-developer enters into an agreement with the investor. Assumes responsibility for the implementation of the investment project at all stages of the investment process. The contract is an agreement between the investor and the Customer, according to which the former transfers funds, and the latter undertakes to carry out work to implement the investment project and provide engineering services to the investor within the required time frame.

3.1.2. Places, mainly on a competitive basis, orders for work to implement the investment project. Individuals and legal entities holding licenses to carry out certain types of activities are involved as a contractor under a work contract and (or) a government contract concluded in accordance with the Civil Code of the Russian Federation.

3.2. Providing design documentation and organizing construction.

3.2.1. Determines the stages of design. Selects, mainly based on the results of contract bidding, a design organization. At the same time, the customer-developer evaluates the proposed technical and economic indicators of the facility planned for construction, given in the tender proposal, as well as the organizational management system, including the quality control system for design products in accordance with GOST R ISO 9000, and the financial condition of the design organization.

3.2.2. Concludes agreements for the development of project documentation with relevant organizations that have licenses to carry out construction activities. When concluding an agreement, the customer-developer establishes requirements for development time, technical and economic indicators, the composition and volume of project documentation, determines the contract price of the work, insurance conditions for risks associated with the development and implementation of project documentation, property liability of the parties for failure to fulfill contractual obligations, conditions of use and ownership of the developed project documentation, confidentiality conditions during the implementation of the agreement (contract) and other conditions.

3.2.3. Approves the design assignment. Provides initial data for the development of design documentation. Ensures their completeness and quality.

3.2.4. Coordinates with the design organization a calendar plan for the execution of work and the issuance of project documentation, and monitors its implementation.

3.2.5. Monitors the provision of the required level of quality of design solutions in the process of development and implementation of project documentation, as well as the acceptance, storage and transfer of working documentation to contractors.

3.2.6. Organizes the review and approval of architectural and urban planning solutions for designed objects in architectural management bodies.

3.2.7. Ensures the examination of design documentation, including state environmental assessment to assess the impact of the projected facility on the environment, for which it determines examination bodies and concludes relevant agreements.

3.2.8. Organizes, in accordance with the established procedure, the coordination, approval and re-approval of project documentation, as well as the introduction of changes to the project documentation based on the comments of the expert review.

In the field of construction organization:

Selects, mainly based on the results of contract bidding, the general contractor (contractor) for construction. When choosing a general contractor (contractor), the customer-developer evaluates the construction conditions of the facility given in the tender proposal, the technology of construction and installation work implemented by the contractor, the availability of necessary equipment and vehicles, the internal quality control system for construction products, as a rule, taking into account the requirements of GOST R ISO 9000 (construction and installation works, building materials and structures), reputation and financial condition of the contractor;

Concludes an agreement with the general contractor (contractor) for capital construction, expansion, reconstruction or technical re-equipment of enterprises, buildings and structures. When concluding a contract, the customer-developer establishes requirements for the construction time and quality of the constructed facility, determines the stages of construction, considers, in accordance with the design documentation, the composition and range of building materials, structures, technological equipment and other types of material resources supplied by the contractor, the procedure for commissioning work, clarifies the contract price of the work, the terms of insurance for risks associated with construction, the property liability of the parties for failure to fulfill contractual obligations, the conditions of confidentiality during the execution of the contract, etc. The customer-developer can act as a general contractor if he has a license for the corresponding type of construction activity;

The customer-developer agrees on the list of subcontractors involved by the general designer and general contractor to perform work on the investment project;

Makes a decision on the need for designer supervision of the design organization over the construction of facilities, enters into an agreement for its implementation and the creation of the necessary conditions for this;

Regulates disagreements that arise during the implementation of an investment project, including making claims against the design organization, the general construction contractor and other organizations involved by the customer-developer for the payment of a penalty (fine, penalty) for failure to fulfill or improper fulfillment of contractual obligations;

Organizes work to adjust project documentation in connection with changes in the regulatory framework for the design, construction and operation of facilities under construction, comments and suggestions during the construction and commissioning of facilities.

3.3. Construction financing.

3.3.1. The customer-developer checks the documents presented for payment by the organizations he has engaged for the work performed, products supplied and services rendered.

3.3.2. Accepts and pays for work on the basis of documents signed by him on the volume and cost of work performed.

3.3.3. Maintains accounting, operational and statistical records, compiles and submits reports in accordance with the established procedure for all types of activities in accordance with approved standards within the established time frame.

3.3.4. Ensures the receipt of equity transfers (contributions) from third-party organizations (investors) for the construction of facilities and their use to finance this construction.

3.3.5. Provides the investor with reports on the use of financial resources, the need for financial resources for the next period, as well as, upon request, operational information on the implementation of the investment project (state of construction), as well as other reporting provided for in the agreement with the investor.

3.3.6. Concludes insurance contracts related to the development and implementation of an investment project with insurance organizations that legally carry out the relevant types of insurance.

3.3.7. Ensures timely opening of financing and timely payment for work under agreements (contracts) with work performers (for the development of project documentation, implementation of contract construction work, supply of equipment and other agreements for the implementation of an investment project).

3.4. Logistics support.

3.4.1. The customer-developer provides the construction of facilities with special technological and other equipment and materials, if this supply is entrusted to him in accordance with the agreement (contract) with the contractor. For this purpose, it enters into contracts with manufacturing companies or supplying organizations for the supply of building materials, structures, technological equipment and other types of material resources. When concluding an agreement (contract), the customer-developer establishes requirements for the timing, volume of delivery and quality of the supplied material and technical resources, determines the sequence of their delivery, the conditions for insuring risks associated with the material and technical support of the investment project, the property liability of the parties for failure to fulfill contractual obligations, conditions of confidentiality when executing an agreement (contract).

3.4.2. Receives, records and properly stores equipment, products and materials in the warehouse, as well as transfers them for installation or for work.

3.4.3. Makes claims against manufacturers or suppliers in the event of incompleteness or defects in equipment and equipment, the quality of materials, as well as their untimely delivery and underdelivery.

3.5. Selection of land plots and development of construction sites.

3.5.1. The customer-developer applies to local authorities with a request to provide a land plot for the construction of a facility.

3.5.2. Draws up a Land Reservation Act for carrying out design and survey work.

3.5.3. Draws up documents for the allocation of a land plot (including the right to use and own a land plot).

3.5.4. Obtains permits from relevant operating organizations for:

Carrying out work in the area of ​​overhead power lines, communication lines in the right-of-way of railways, in places of underground communications (cable, gas, sewer) and others located on the construction site;

Use during the construction period of electricity, gas, water and steam from existing sources in accordance with the construction organization project in the event that the Customer-developer does not have its own gas, water, steam and energy supply facilities;

Deforestation and tree replanting, and, in necessary cases, the transfer of logging tickets.

3.5.5. Relocates citizens living in houses subject to demolition, relocation or reconstruction. Reimburses citizens, if necessary, for the cost of confiscated fruit and berry plants and crops, as provided for by current legislation, as well as the cost of residential buildings and buildings that belong to them as personal property and are subject to demolition.

3.5.6. Checks calculations of the residual book value of demolished buildings and structures and the legality of its inclusion in the estimate documentation for construction. Creates a geodetic alignment basis for construction.

3.5.7. Registers officials carrying out technical supervision of construction with the State Construction Control authorities and obtains permission to carry out construction and installation work.

3.6. Supervision of construction.

3.6.1. The customer-developer coordinates with the relevant organizations issues related to the installation, testing and registration of production and technological equipment, process cranes, lifting mechanisms, steam boilers and other equipment and apparatus operating under pressure.

3.6.2. Carries out control and technical supervision of construction, compliance of the volume and quality of work performed with project documentation, cost and timing of work with the terms of the contract.

3.6.3. When carrying out technical supervision, the Customer-developer is entrusted with:

Monitoring the compliance of the construction and installation work performed, the structures used, materials and equipment supplied with design solutions, the requirements of building codes and regulations, standards, technical specifications and other regulatory documents. (The customer-developer can entrust the performance of technical supervision functions to a design organization. In this case, the performance of the functions of technical and designer supervision is combined);

Taking timely measures and monitoring the elimination of identified defects in project documentation, its revision (if necessary) and preventing an unreasonable increase in the cost of construction;

Checking the availability of documents certifying the quality of structures, products and materials used in construction (technical passports, certificates, laboratory test results, etc.);

Monitoring the implementation of geodetic work during the construction process;

Inspection and assessment, together with employees of construction and installation organizations, of completed work and structural elements hidden during subsequent work, as well as ensuring requirements for prohibiting further work until certificates for inspection of hidden work are issued;

Carrying out, when ready, with the participation of representatives of general contracting and specialized (installation) organizations, as well as design organizations, intermediate acceptance of critical structures of buildings and structures - supports and spans of bridges, tanks, structures, load-bearing metal and reinforced concrete structures, etc.;

Participation in inspections carried out by state supervision bodies, construction control of the condition and compliance with the design of equipment received for installation, in assessing the quality of its installation, in comprehensive testing and acceptance;

Monitoring the compliance of the volumes and quality of construction and installation works performed and presented for payment with working documentation;

Carrying out accounting of the volumes and costs of accepted and paid construction and installation works, as well as the volumes and costs of poorly performed construction and installation works by the contractor and the costs of eliminating defects and rework;

Monitoring the availability and correctness of maintaining primary as-built technical documentation (as-built diagrams, instrumental surveys of mounted structures, parts of buildings, structures and utilities, general and special work logs) and making changes to it in connection with identified shortcomings and defects during construction and installation work ;

Monitoring the implementation by construction and installation organizations of the instructions and instructions of the designer's supervision and state construction control bodies, as well as the requirements of the technical supervision of the customer-developer related to the quality of construction and installation work performed and the structures used, products, materials and equipment, ensuring timely elimination of defects and deficiencies identified during the acceptance of certain types of work, structural elements of buildings, structures and objects in general;

Participation in quality checks of individual structures and assemblies, types of construction and installation work, equipment and mechanisms upon their acceptance by acceptance committees;

Participation in the inspection of objects, buildings and structures subject to conservation, and the preparation of documentation for the conservation or temporary cessation of construction of enterprises, buildings and structures, as well as in assessing the technical condition of objects when transferring them to construction and installation organizations to continue work;

Participation in inspections conducted by state supervision and construction control authorities, as well as investor commissions;

Notification of state supervision and construction control authorities about all cases of emergency conditions at construction sites and the volume of work to eliminate accidents;

Ensuring the implementation of geodetic measurements of deformations of the foundations of buildings and structures provided for by the project, carrying out control geodetic surveys and, based on their results, applying all changes to the executive master plan.

3.7. Acceptance into operation of completed construction projects.

3.7.1. The customer-developer together with the general contractor:

Submits the necessary documents to the acceptance committee for completed construction projects;

Transfers documentation on the acceptance of objects into operation for storage by the user of the object, unless otherwise provided by regulatory documents of local authorities and/or an agreement (contract) with the investor;

Takes part in the work of the acceptance committee for the acceptance and commissioning of facilities constructed at the expense of budgetary funds;

Creates, on behalf of the investor, an acceptance committee and accepts from the contractor works completed by the construction of facilities constructed at the expense of enterprises, private investors and other extra-budgetary funds, unless otherwise established by the agreement (contract) between the investor and the customer-developer;

Commissions the accepted facility and registers the commissioning of the facility with local authorities in the manner established by them;

Determines the operation mode of the facility during testing and acceptance;

Applies to state supervisory authorities to obtain an opinion on the object presented for acceptance;

Transfers completed construction objects to the investor or user organizations authorized by the investor, or in the manner established by the investor, submits them for sale;

Accepts mothballed construction sites from the contractor according to the act, taking measures to ensure the safety of the work performed;

3.7.2. The customer-developer can perform additional functions:

Collection of initial data and coordination of technical specifications;

Engineering services;

Development of a system for maintaining construction risks, selection of an insurance company, coordination of insurance conditions.

4. Rights of the customer-developer

To perform the functions assigned to him, the customer-developer has the right:

4.1. Represent the investor in institutions, organizations and enterprises on issues related to the implementation of the investment project.

4.2. Make decisions and conduct correspondence on issues of technical and economic assessments and investment calculations, holding tenders and contract bidding, concluding agreements (contracts) for the development of project documentation, construction agreements (contracts) for capital construction and other agreements (contracts).

4.3. Involve competent specialists and organizations as experts and consultants to check the status of implementation of the investment project, development of project documentation, construction, supply and installation of equipment, etc., compliance with the established deadlines for the implementation of the investment project and product quality at all stages of the investment cycle during the period of validity of the contract ( contract) for the implementation of an investment project.

4.4. Suspend the production of any type of work if it is carried out in deviation from the requirements of the project and the rules established by the contracts.

4.5. Require contractors and other performers of work (design organization, general construction contractor) to justify their proposed price for work (development of design documentation, performance of construction, installation and other works and services).

4.6. Terminate unilaterally, on its own initiative, agreements (contracts) with participants in the investment project in the event of an unmotivated increase in the deadlines for completing the work, in case of failure to comply with the requirements for product quality, design documentation, construction and installation work, supplied equipment and other types of work, as well as in case of cancellation licenses for construction activities.

4.7. Transfer management of the investment project to another legal entity or citizen (project manager), who are the customer’s proxies and act on his behalf and represent his interests throughout the entire term of the agreement for the implementation of the investment project.

4.8. Establish direct contacts with design and construction subcontractors and the consultants they engage with the written consent of the general designer and general contractor.

4.9. Use project documentation at your own discretion in accordance with current legislation, unless otherwise provided in the agreement for the development of project documentation and the agreement with the investor.

4.10. Continue financing the implementation of the investment project at the expense of own or borrowed funds in the event of a temporary termination of the investor’s financing, with the acquisition of rights of shared ownership of the object for the invested funds, on the basis of an additional agreement with the investor.

5. Responsibility of the customer-developer

5.1. The customer-developer bears full property and other liability provided for by law for:

Fulfillment of all obligations under the agreement with the investor and agreements with the performers of the work (for the development of project documentation, performance of contract construction and installation works and other types of work);

The quality of an investment project accepted and paid for on time (project documentation, constructed facility and other types of investment projects);

Fulfillment of obligations regarding the commissioning of facilities;

Compliance with the obligations stipulated in the agreements between the participants in the implementation of the investment project. Customers compensate other contractors for losses, including lost profits, caused by the termination of fulfillment of their obligations under contracts with them;

Performing functions and using the rights granted to the Customer-Developer.