A standard contract for the performance of work refers to binding agreements. Its design is regulated by the provisions of Chapter 37 of the Civil Code. The contract form with an individual is also filled in during the development, development, research and other similar activities.
Classification of Agreements
In ch. 37, in addition to the main provisions, there are rules governing certain types of agreements. In particular, the chapter contains the rules in accordance with which a contract is drawn up :
- for repair and construction work ;
- for survey and design activities;
- for events for state needs;
- domestic character.
General terms
The agreement is signed by the customer and contractor. Under the terms of the transaction, the latter undertakes to carry out certain activities and provide the results to the other party. The customer, in turn, accepts and pays for them. Similar to sales and lease transactions, the general rules of Sec. 37 apply to certain types of relations subsidiary, that is, in situations where otherwise is not established by special rules. A model contract is onerous, bilateral, and consensual.
Differentiation
An example of a contract agreement at first glance has some similarities with other civil law agreements. In this regard, in practice, there are some problems in determining the regulations that need to be applied to a specific situation. This, in turn, necessitates the differentiation of the transactions in question from other relationships. The subject is the main criterion by which a standard contract differs from other types of agreement.
Parties to the transaction
The legislation allows for the possibility of concluding a work contract with an individual. A sample document can be issued by two organizations. For certain particular types of legal relations, the law imposes special requirements on the parties. For example, for the implementation of household activities, it is allowed to conclude a contract with an individual. The model agreement should indicate that the citizen is hiring another person to carry out the necessary activities. In some cases, the law directly establishes the mandatory availability of permits from the contractor. For example, only a person who has a license to carry out relevant activities is entitled to conclude a contract for the performance of construction work .
Specificity
The contract for the execution of construction work may contain clauses allowing the contractor to attract outside parties to carry out the activities agreed upon by the main participants. However, he remains responsible for the result. In this situation, the principle of general contracting applies - the contractor is the main obligated person, and the entities involved by him act as subcontractors. The provisions governing these features of transactions are provided for in article 706 of the Civil Code.
Responsibility Features
If you take any example of a contract , you can see that it has a bilateral character. In this regard, both parties have certain rights and at the same time bear mutual obligations. Accordingly, the general rules of the debtor's responsibility for all actions of third parties equally apply to the relations of the customer and the contractor, the last of the subcontractors. If the involved parties committed any violations, the performer will be responsible for them. In this case, there is a double responsibility of the person. If a violation of the terms of the transaction occurred through the fault of the customer or subcontractor, he has the right to transfer it to them.
Nuance
The legislation allows the conclusion by the customer, with the consent of the contractor, of agreements for the implementation of certain activities with other entities. In such cases, the principle of double responsibility discussed above will not apply. Accordingly, all persons who have signed a direct agreement with the customer will be responsible for violations of the terms of the transaction directly in front of him.
Transaction subject
The work itself, as well as its result, acts as it. An approximate list of activities that may be the subject of a transaction is given in paragraph 1 703 of the Civil Code. It includes:
- Making new things. This may be the construction of a building, drilling a well, and so on.
- Recycling. It can be the creation of jewelry from scrap colormet.
- Handling things. It can be car painting, dry cleaning and so on.
Usually, when performing such types of work, a new thing appears or the consumer qualities of an existing facility are significantly improved.
Quality assurance
Their definition is determined by the material nature of the result of the activity. The quality of the contractor must comply with the contractual conditions. If, however, they are not provided for in the agreement, then the criteria that usually apply in such cases are the criteria. Within a reasonable period, in addition, the result must be usable as defined in the contract. If these conditions are not in the agreement, then for the usual application of the corresponding thing.
Additional Responsibilities
An example of a contract agreement may include clauses defining quality criteria in accordance with the law or other regulatory acts (SNiP, GOST, TT, etc.). According to the provisions of Article 722 (Clause 1) of the Civil Code, it is allowed to provide for a period during which the result must comply with the terms of the transaction (warranty period). It can be established by the custom of turnover, agreement, normative act.
Price
The conditions about it are not significant. If the example of the contract does not contain clauses on the price, rules 424 of the article (clause 3) of the Civil Code are applicable. The amounts that are included in it are determined by Art. 709 (p. 2). The size of the price includes, in particular, reimbursement of expenses incurred by the contractor in the performance of work, as well as remuneration due to him.
Estimate
It is a costing that is necessary for the execution of the agreed work. As a rule, several sections / points are included in the estimate. They describe the costs of:
- acquisition of materials and equipment;
- payment of certain services of third parties;
- contractor remuneration;
- salary payment;
- business trips, etc.
Estimates can be made approximate and accurate. The latter involves certain deviations from specified positions in the course of work. When making a solid (accurate) estimate, excesses are not allowed. Unless otherwise provided in the agreement, the calculation is considered to be solid.
Features of the change in estimates
If it is necessary to significantly exceed the approximate estimate, the contractor must inform the customer immediately. If the latter refuses to change the calculation, he has the right to refuse the agreement. Moreover, he must pay the contractor the price in proportion to part of the work performed.
The law allows for changes in fixed estimates in certain cases. This is possible if the cost of equipment and materials purchased by the contractor has increased significantly. A change in the hard budget is allowed even when it is necessary to pay for services rendered to him by third parties, which could not be foreseen during the execution of the agreement. In such situations, the contractor may require an increase in the price of the contract. If the second party refuses to do this, the contractor may terminate the contract according to the rules of article 451 of the Civil Code.
If the actual costs of the contractor were lower than those that were recorded in the estimate, he retains the right to receive the amount specified in the contract. However, the customer can challenge this if he proves that cost savings have affected the quality of the result. This norm is characterized by a dispositive nature. Accordingly, the agreement may determine other conditions for the distribution of savings.
The timing
They are considered essential contract terms. According to the provisions of Article 708 of the Civil Code, the agreement must provide for the start and end dates. Parties have the right to set interim periods for the completion of certain stages. The introduction of dates in the Civil Code is necessary to ensure control over the progress of events.
Responsibilities
The contractor must complete the task and provide the result, and the customer must pay. The Civil Code regulates the issue of risk sharing. The main provisions are present in article 705. The norm, in particular, states that the risk of accidental damage or death of equipment / materials transferred to implement the terms of the agreement is borne by the party that provided them.
As for the subject of the transaction, the responsibility for its safety lies with the contractor until the act of acceptance of the work performed is signed. The legislation or directly the agreement itself may establish a different procedure for the distribution of risks. In the event of delay in the completion of events, the responsibility lies with the participant who committed it.
Regulatory requirements
The contractor is obliged to immediately notify the customer and suspend the execution of the task until the latter receives relevant instructions if he finds:
- Poor quality / unsuitability of equipment, materials, documentation or things transferred to him.
- Probable adverse consequences for the customer on the execution of his instructions regarding the method of implementing the agreed measures.
- Other circumstances beyond the control of the contractor, threatening the strength or suitability of the results of its activities, or creating the likelihood of delay.
Act of acceptance of work performed
It is issued upon delivery of the results of the activities agreed upon by the agreement. The legislation does not oblige to draw up a document, but in practice its absence may deprive the customer of certain rights. For example, if he finds flaws in the results delivered by the contractor, he can only refer to them if they have been officially recorded. The customer who accepted the work without verification is not entitled to indicate deficiencies identified subsequently.
The settlement of disputes in court is carried out in the presence of an act testifying to the identified defects. If not available, expert examination may be required. The contractor will bear the costs, except when the results of the procedure reveal that the contractor has not violated the terms of the agreement or the relationship between his actions and the defects found. In such situations, the costs are borne by the subject at whose request the examination is carried out.