Sample contract for the construction of wooden houses. Template of a contract for the construction of a house from a log or timber. The performer has the right
Moscow "___" ___________ 201_.
Citizen __________________________, acting on his own behalf, hereinafter referred to as the "Customer", on the one hand
and citizen ___________________________, acting on his own behalf, hereinafter referred to as the "Contractor", on the other hand, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the obligation to perform the following Works and hand over the result of the work to the Customer, and the Customer undertakes to accept the result of the work and pay for it: construction of a two-story residential building with a total area of _____ sq.m. The object is being built at the address: _____________________.
1.2. The work is carried out at the expense of the Contractor - from his materials, his forces and means.
1.2.1. The contractor is responsible for the inadequate quality of the materials and equipment provided by him, as well as for the provision of materials and equipment encumbered with the rights of third parties.
1.3. Validity of this Agreement:
1.3.1. This Agreement comes into force from the moment of its signing and is valid until the parties fully fulfill their obligations.
1.4. Work is carried out in stages:
1.4.1. The first stage: the construction of the foundation.
1.4.2. The second stage: the construction of the first floor.
1.4.3. The third stage: the construction of the second floor.
1.4.4. The fourth stage: erection of the roof, interior and exterior decoration, installation of internal and external communications.
1.5. Terms of work:
1.5.1. First stage: erection of the foundation within 60 (sixty) calendar days from the date of signing this contract.
1.5.2. Other works until "___" ___________ 201_.
1.6. The work must meet the following requirements and scope:
1.6.1. The foundation is reinforced concrete (concrete grade not lower than M350, reinforcement with a diameter of 16-18 mm).
1.6.2. The walls must be built of red solid bricks of the M150 brand.
1.6.3. Roof: insulated metal tile, insulation thickness not less than 200 mm.
1.6.4. Engineering communications: electrical installation of the whole house, wire diameter 2.5 mm.
1.6.5. Distribution of heating pipes, polypropylene pipes.
1.6.6. Facade plastering, interior plastering.
1.6.7. The windows are plastic, double-glazed, laminated in oak on both sides, except for the windows in the kitchen.
1.6.8. Ventilation is natural.
1.6.9. Fireplace.
1.6.10. The waterproofing of the foundation is made by technonickel.
1.6.11. Finishing the facade of the house is carried out with decorative stone.
2. WORK PRICE. PAYMENT PROCEDURE UNDER THE CONTRACT
2.1. The price of the work to be performed under this Agreement is ____________ (_____________ million _______________) rubles.
Payment is made in stages:
2.1.1. The advance payment for the first stage - 30% of the contract price, which is ___________ (______ million ________________ thousand) rubles, is paid on the day of signing the contract by transferring cash to the Contractor Money in rubles against receipt.
2.1.2. The advance payment for the second stage - 40% of the contract price, which amounts to _____________ (_____ million ______________ thousand) rubles, is paid on the day of signing the work completion certificate for the 1st stage by transferring cash in rubles to the Contractor against receipt.
2.1.3. The advance payment for the third stage - 10% of the price of the contract, which amounts to ____________ (______________ thousand) rubles, is paid on the day of signing the act of performing work on the 2nd stage by transferring cash in rubles to the Contractor against receipt.
2.1.4. The advance payment for the fourth stage - 10% of the contract price, which amounts to __________ (______________ thousand) rubles, is paid on the day of signing the work completion certificate for the 3rd stage by transferring cash in rubles to the Contractor against receipt.
2.1.5. Calculation for the fourth stage (final settlement under the contract) - 10% of the contract price is _________ (__________________ thousand) rubles, paid on the day of signing the work completion certificate for the 4th stage (final work performance certificate under the entire contract) by transferring cash to the Contractor funds in rubles against receipt.
2.1.6. The price of work under this Contract includes compensation of all costs of the Contractor (purchase of building materials, settlements with third parties, etc.) and remuneration due to him.
2.2. If the actual costs of the Contractor turned out to be less than those taken into account when determining the price of the work, the Contractor has the right to pay for the work at the price specified in clause 2.1 of this Agreement, unless the Customer proves that the savings received by the Contractor affected the quality of the work performed.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor:
3.1.1. - bears the risk of accidental loss or accidental damage to materials and equipment;
3.1.2. - bears the risk of accidental loss or accidental damage to the result of the work performed before it is accepted by the Customer.
3.2. The Contractor is obliged to immediately notify the Customer of circumstances beyond the control of the Contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.
3.3. The contractor has the right to suspend work or refuse to perform work in unilaterally, if the violation of the terms of payment by the Customer of the funds provided for in clauses 2.1.1.-2.1.4. of this Agreement will be 10 (ten) or more calendar days.
3.4. The penalty for late payment of funds is 1% (one percent) of the amount unpaid by the Customer to the Contractor for each day of violation of the payment terms provided for in paragraphs 2.1.1.-2.1.4. until the date of actual payment.
3.5. The customer has the right:
3.5.1. - check the progress and quality of the work performed by the Contractor without interfering in its activities.
4. ACCEPTANCE BY THE OWNER OF THE WORK PERFORMED BY THE CONTRACTOR
4.1. The Customer is obliged, within the time limits and in the manner provided for by this contract, with the participation of the Contractor, to inspect and accept the work performed (its result) according to the act of work performance.
4.2. Acceptance of the result of work is carried out within 3 (three) calendar days from the date of receipt by the Customer from the Contractor of a notification about the readiness of the result of work for delivery.
4.3. The customer, who discovered shortcomings in the work upon its acceptance, has the right to refer to them only in cases where these shortcomings were stipulated in the work performance certificate or the possibility of subsequent presentation of a demand for their elimination.
4.4. The customer, who accepted the work without checking, is deprived of the right to refer to the shortcomings of the work, which could be established in the usual way of its acceptance (obvious shortcomings).
4.5. The customer, who discovered after acceptance of the work, deviations from this Agreement or other defects that could not be established with the usual method of acceptance (hidden defects), including those that were deliberately hidden by the Contractor, is obliged to notify the Contractor within a reasonable time upon their discovery .
4.6. The Contractor has the right to send the act (acts) of the work performed to the Customer's address specified in clause 7 of this contract. Upon receipt of the certificate of completion, the Customer is obliged to sign it or send reasoned objections to the Contractor. If, within 3 (three) calendar days after receipt of the act, the Customer does not send reasoned objections to the Contractor, then the work is considered accepted in full, of proper quality.
The page presents, relevant in 2020, The form of a contract for the construction of an individual residential building, concluded between a legal entity and an individual. You can download it to yourself at any time in .doc, .rtf or .pdf format, the size of the document file is 18.7 kb.
- Subject of the contract
- Cost of work and payment procedure
- Work order
- Responsibility of the parties
- Obligations of the parties
- Warranty
- Early dissolution
- Grounds for exemption from liability
- Settlement of disputes
- Other conditions
- Legal addresses and bank details of the parties
- Signatures of the parties
CONTRACT for the construction of an individual residential building
G. _______________
"_____" _______________ 2016
______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as " Contractor”, on the one hand, and Citizen ______________________________, passport: series __________, No. __________, issued by ____________________, residing at the address: ______________________________, hereinafter referred to as “ Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes, in accordance with the project of an individual residential building (hereinafter referred to as the Project) and the Terms of Reference (Appendix No. 2), to carry out the construction of an individual residential building (hereinafter referred to as the Work) located at: ______________________________ (hereinafter referred to as the Object), and the Customer undertakes to accept and pay for the Work in in accordance with clause 2.1 of this Agreement.
1.2. The materials necessary for the performance of the Work shall be supplied by the Contractor at the expense of the cost specified in this Contract.
2. COST OF WORKS AND PROCEDURE OF PAYMENTS
2.1. The cost of the Works, broken down by stages of the Works, is specified in Appendix No. 1 to this Agreement and amounts to __________ Russian rubles. From the moment of signing this Agreement, the indicated cost is considered fixed and can be increased only if changes are made to the Project.
2.2. Payment for the Works is carried out by the Customer in stages, in the following order:
2.2.1. The advance payment for each Stage, in the amount of 80% of the cost of this Stage, shall be paid by the Customer within __________ calendar days within __________ calendar days from the date of receipt from the Contractor of the notice of readiness to start work on this Stage.
2.2.2. The additional payment for each Stage, in the amount of __________% of the cost of this Stage, shall be paid by the Customer within __________ calendar days from the date of completion of work on the Stage.
2.3. All payments are made in Russian rubles.
2.4. In case of violation of the payment schedule by the Customer, the Contractor has the right to suspend work for a period equal to the delay in payment.
3. ORDER OF WORK
3.1. The Contractor starts to perform work within __________ calendar days from the date of payment of the advance payment for the first stage.
3.2. The deadline for the completion of work for each stage is indicated in Appendix No. 1. In case of early performance of the Works by the Contractor, the Customer is obliged to accept and pay for the completed Works, in accordance with clause 2.2.
3.3. Upon completion of the work under the Contract, the Contractor shall transfer to the Customer an act of acceptance of the completed Works.
3.4. The Customer, within __________ working days, is obliged to sign the acceptance certificate for the work performed or send a reasoned written refusal indicating specific comments on the work performed. If within the specified period the Customer does not sign the acceptance certificate for the work performed or does not send a reasoned refusal, the Works are considered accepted and are subject to payment.
3.5. In the event of a reasoned refusal of the Customer, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation. Improvements, the need to perform which arose due to the fault of the Customer, are carried out at the expense of the Customer, in excess of the cost specified in clause 2.1 of this Agreement. Improvements, the need for which arose due to the fault of the Contractor, are carried out at the expense of the Contractor.
3.6. When early termination of this Agreement, the Parties are obliged, within __________ calendar days from the date of termination of work, to draw up a bilateral act on the part of the work performed and the actual costs incurred by the Contractor.
4. RESPONSIBILITIES OF THE PARTIES
4.1. Until the moment of signing the acceptance certificate for the work performed under the Contract, responsibility for the safety material assets at the construction site is carried by the Contractor.
4.2. The Parties shall be liable for failure to fulfill their obligations under this Agreement in accordance with the legislation of the Russian Federation.
4.3. In case of untimely fulfillment of its obligations under the Agreement, the guilty party shall pay to the other party a penalty in the amount of __________% of the value of the obligations not fulfilled on time for each day of delay, but not more than __________% of the value of the obligations not fulfilled.
4.4. Payment of penalties and fines does not relieve the obligations of the parties to comply with this Agreement.
5. OBLIGATIONS OF THE PARTIES
5.1. The customer is obliged:
5.1.1. provide the Contractor land plot to perform the Works;
5.1.2. provide points of temporary connection of communications;
5.1.3. provide the contractor with constant and unhindered access to the facility, including ensuring unhindered access to the facility for construction equipment and trucks;
5.1.4. in case of impossibility of approach of freight transport directly to the construction site, all additional costs associated with reloading and delivery of materials to the construction site are paid by the Customer, in excess of the cost of the Works specified in clause 2.1 of this Agreement;
5.1.5. accept from the Contractor under the act the work performed;
5.1.6. make payment in accordance with the terms of this Agreement.
5.2. The contractor is obliged:
5.2.1. perform work in accordance with the project and Terms of Reference;
5.2.2. in case of impossibility of further work, immediately inform the Customer;
5.2.3. after completion of the Works, remove construction waste and construction equipment from the construction site;
6. WARRANTY
6.1. The Contractor guarantees the high-quality performance of work and the timely elimination of significant shortcomings and defects that arose through the fault of the Contractor and were identified during the acceptance of work or during the warranty period.
6.2. The Contractor shall be liable within the limits of the warranty periods and obligations established by this paragraph. The warranty period for general construction works is __________ years from the date of completion of the work. Warranty period for Finishing work and engineering communications is __________ years from the date of completion of the work. Warranties for windows, doors, furniture, engineering equipment installed in accordance with the manufacturer's warranty.
7. EARLY TERMINATION
7.1. The Agreement may be terminated by the Parties by mutual agreement of the Parties, or by a court decision or in accordance with Section 8 of this Agreement.
7.2. The customer has the right to unilaterally terminate this contract ahead of schedule in the following cases:
7.2.1. if the start of work is delayed due to the fault of the Contractor for more than __________ calendar days;
7.2.2. if the Contractor made significant deviations from the contract in the work and did not correct these deviations within a reasonable time.
7.2.3. The Contractor has the right to unilaterally terminate this Agreement ahead of schedule, if the Customer has not paid the advance payment, or has not paid in full, within __________ calendar days from the date of receipt from the Contractor of a notice of readiness to start work under this Agreement.
7.3. In case of early termination of the Contract, the Parties are obliged, within __________ calendar days from the date of signing the act on the completed part of the work, to make mutual settlements, taking into account the work performed by the Contractor and payments made earlier.
8. GROUNDS FOR EXEMPTION FROM LIABILITY
8.1. Neither party will be liable for non-performance or improper performance by one of the parties of its obligations if proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of the contract. Such circumstances include: forest fire, flood, earthquake, other natural disasters, war, hostilities, adoption of regulations by state authorities and administrations that make it impossible for the parties to fulfill or properly fulfill their obligations.
8.2. If any of these circumstances directly affected the failure to fulfill the obligation within the period specified in the contract, then this period is postponed in proportion to the duration of the relevant circumstance.
8.3. The Party, for which it has become impossible to fulfill its obligations under this Agreement as a result of the circumstances specified in clause 8.1, is obliged to immediately notify the other Party.
8.4. If these circumstances continue for more than __________ months, each of the parties has the right to unilaterally terminate this agreement by notifying the other party __________ calendar days before the date of termination.
9. DISPUTES RESOLUTION
9.1. Disagreements arising between the Parties in connection with this Agreement will be resolved by the Parties through negotiations.
9.2. If an agreement cannot be reached, then all disputes and disagreements under this agreement are referred by the parties to the court of ____________________.
9.3. In all other respects that are not stipulated in this agreement, the parties are guided by the legislation of the Russian Federation.
10. OTHER TERMS
10.1. This agreement comes into force from the moment of its signing and is valid until the Parties fully fulfill their obligations under the agreement.
10.2. All changes and additions to this agreement are valid if made in writing and signed by the Parties.
10.3. The Contractor may use the photos of the Object for advertising purposes at its own discretion, subject to maintaining the confidentiality of the Customer's personal data. The Parties acknowledge the legality and validity of the correspondence sent to each other via e-mail. E-mail addresses of the Parties: Customer - ____________________; Contractor - ____________________.
11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Contractor Legal address:______________________________________________ Postal address:________________________________________ TIN/KPP:______________________________ Phone/fax:____________________ Settlement account:______________________________ Bank name:______________________________ Correspondent account:______________________________ BIC:____________________
Customer Registration address:________________________________________ Postal address:____________________________________________ Passport series, number:____________________ Issued by:____________________________________________ When issued:_______________ Contact phone:____________________
12. SIGNATURES OF THE PARTIES
Contractor _________________
Customer _________________
After drawing up a detailed design and comparing the cost of its implementation with trusted Contractors, it is time to legitimize your intentions to build with the selected organization. Having previously familiarized with the contracts for the construction of houses and the finished objects of the Contractor.
You will be guided by the contract for the construction of an individual residential building, observing the obligations of the parties and accepting the result of the work. It is better to conclude a "through" option with a phased implementation by one Contractor of the main list of all necessary work.
The contract for the implementation of the project should be concluded with LLC. Pre-check the state of the organization. With IP it is difficult to receive compensation for damage in which case. The law "On Protection of Consumer Rights" does not apply to a private person at all when concluding contracts for the construction of houses.
Here is a sample contract for the construction of a private house (Canadian felling d30-32) with a total area of about 200m2 for a family of 6 and the ability to accommodate guests. The height of the 1st floor is 3.2m clean, the height of the 2nd full 2.7m. Foundation UWhP slab. The roof is soft tile or composite (they have a similar price).
Nuances in contracts for the construction of private individual residential buildings
You can have a dialogue about including additional clarifying language in the document. Adequate Contractor will meet. Until the edits begin to violate the methodology of work that has been debugged over the years. Also, the contract for the construction of an individual residential building should not infringe on his financial interest. No one will build without advances.
It is considered normal for the Contractor to advance payment for work for which a lot of wood or other materials are used on his part. However, the advance should not be paid more than 50% and only from estimated cost upcoming stage of work. Where there is little or no material component (roof work, assembly), there should be no prepayments. Otherwise, in front of you is not a Contractor, but an Intermediary (Outbid).
The document must contain a reference to the project. The work must be carried out exclusively on the basis of a certificate certified by both parties. project documentation. For a small object, at least a preliminary design of the house will be needed. But, only a detailed full-fledged project will save you from a double interpretation (respectively, misunderstanding between the parties).
Instead of involving an expensive outside lawyer who does not understand anything in the construction of a private house, pay more attention to the project. What will be built, do not remake later. It is better to ask the Contractor to explain all the nuances to you in detail.
Funds for the previously paid development of the project for the coordination of architecture, construction and budgeting, when concluding an agreement on the start of work, the Contractor usually offers you to return in the form of a discount. In our contract for the construction of a house, there is such a clause on the return for the project.
Contractual obligations must be drawn up on the basis of the Estimate signed by both parties, with the entire list of costs. You should not trust contracts for the construction of houses, where there is no fixed cost. Be sure to specify (write down) that there are no hidden fees. Can be up to 20% total cost works.
The main thing: you must be careful when choosing a Contractor. The documents are in order, legally competent and beautifully drawn up. However, it is not always clear what quality of work is behind this. It makes no difference whether it is planned to build a house-bath or a house and a bath separately, it will be uncomfortable to live and spend time in a steam room.
Moscow_______2018
Hereinafter referred to as the "CUSTOMER", on the one hand, and IP Sokolov Sergey Viktorovich, acting on the basis of a certificate of state registration as an individual entrepreneur No. 356634574 dated February 16, 2017 TIN: 442100779729, OGRNIP: 317440100004355 hereinafter referred to as the "CONTRACTOR", on the other hand, hereinafter referred to as the "PARTIES", have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Contractor, in accordance with the following documentation agreed by the Parties:
- terms of reference for the manufacture of a house from a bar of _____ meters (Appendix No. 1 to the Agreement),
- architectural and planning solution Houses made of timber ______ meters along individual project(Appendix No. 3 to the Agreement);
and within the terms specified in clause 4.4 of the Agreement undertakes to: Deliver to the Customer a set of material necessary for the construction of a house of ______ meters from a bar of _______ mm. natural humidity, on the basis of the project (Appendix No. 3 to the Agreement) at the Customer's site (cadastral number) at the address: _______________________________________________________________________________.
To carry out the construction of the Facility, in accordance with the terms of this Agreement, and the Customer undertakes to accept the result of the work and pay for it in the manner prescribed by this Agreement.
1.2. The Contractor undertakes to perform all the work specified in clause 1.1. of this Agreement, on its own.
1.3. All issues related to the technology of work performance, ensuring the proper quality of work and materials, technical supervision of the work performed are entirely the responsibility of the Contractor.
2. Cost and payment procedure
2.1. The cost of work under this Agreement is determined by the contract price, which includes the cost of building materials and the cost of construction of the Facility, which at the time of signing the Agreement is _____________________________ rubles 00 kopecks. Payment is made in rubles, by depositing cash. Transportation costs are included in the cost of the Agreement. The cost of building materials and services for the period of the contract is fixed and cannot be changed.
2.2. Payment is made in stages:
2.2.1 The advance payment is ____________________ rubles 00 kopecks, VAT free, made at the time of signing the contract.
2.2.2 Payment for the supply of material is ___________________________ rubles 00 kopecks, VAT is not charged - at the time of acceptance of the material at the construction site.
2.2.3 Payment for the work performed - the installation of the roof and the delivery of the Facility under the terms of this Agreement is ____________________________ rubles 00 kopecks, VAT free, at the time of signing the acceptance certificate for the work performed.
2.3. An increase in the cost of work (clause 2.1. of this Agreement) in the process of fulfillment by the Parties of the terms of this Agreement is not allowed, except for changes in the scope of work, in this case, an increase in the cost of work is formalized by an additional agreement to the Agreement.
2.4. The Customer, upon receipt from the Contractor of the completed Acceptance Certificate of the completed stage of work, signs the specified Certificate or sends the Contractor a reasoned refusal to sign the Certificate, which is the basis for a joint inspection of the facility and determining the timing of the elimination of deficiencies.
2.5 Acceptance of the completed construction of the Facility is carried out after the Parties fulfill all obligations stipulated by the Agreement in accordance with the established procedure that was in force on the date of its signing.
2.6. Each fact of payment is confirmed by a signed Certificate of acceptance of work performed or a document confirming payment for the work of the Contractor (Receipt for receipt of funds).
2.7. In case of termination of the contract at the initiative of the CUSTOMER for reasons beyond the control of the CONTRACTOR, payment is made for the actual amount of work. The CUSTOMER is obliged to notify the CONTRACTOR in writing about the termination of the contract within three days.
3. The quantity and quality of building materials, and the types of work performed.
3.1. The types and volumes of supplied building materials are made by the CONTRACTOR on the basis of the terms of reference for the manufacture of the house and the architectural and planning solution agreed with the CUSTOMER and which is an integral part of this CONTRACT.
3.2. All lumber supplied by the CONTRACTOR has a natural moisture content, unless otherwise agreed separately.
3.3. Kinds construction works is given in APPENDIX No. 1.
4. Terms and procedure for the supply of building materials and performance of construction work.
4.1. The CONTRACTOR delivers building materials by road to the CUSTOMER's site, located at: _____________________________________ no later than "" ____________ 2018.
4.2. The CUSTOMER must be notified at least 24 hours in advance of the exact date and time of delivery of building materials. The message must contain the name vehicle; shipment date; time; volume; arrival at the site of the CUSTOMER.
4.3. The delivery time can be changed upwards only by agreement of the PARTIES, on the basis of a reasoned reason, which is formalized by an additional agreement to the Contract.
4.4. The work performed by the CONTRACTOR under this contract must be completed no later than "" __________ 2018.
4.5. In case of early completion of work, the CUSTOMER accepts and pays for the work ahead of schedule.
5. Obligations of the parties.
5.1. The EXECUTOR undertakes:
5.1.1 Perform all work on the construction of the Facility in the amount and within the timeframe stipulated by the Agreement, and hand over the Facility to the Customer on time in a condition that ensures its normal operation.
5.1.2. Provide:
- performance of work in full compliance with the documentation specified in clause 1.1 of the Agreement;
- timely elimination of deficiencies and defects identified during the acceptance of work and during the warranty period of operation of the Facility;
- timely delivery and acceptance of materials to the Facility.
5.1.3 Ensure the necessary safety measures in the course of work at the construction site, rational use territory, protection environment, green spaces and land.
5.1.4 Remove within 10 days from the date of signing the certificate of acceptance of the completed construction facility outside the construction site of the Contractor's construction machinery, equipment, inventory, tools, Construction Materials, temporary structures and other property belonging to him.
5.1.5 Upon completion of the construction of the Facility / stage of construction of the Facility, within two days, notify the Customer of this by e-mail or otherwise accessible way, to draw up an act of acceptance of the Facility / stage of construction of the Facility.
5.1.6 Immediately notify the Customer and, until instructions are received from him, suspend work upon detection of:
- possible adverse consequences for the Customer of the fulfillment of his instructions on the method of performing the work;
- other circumstances beyond the control of the Contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.
5.2. The CUSTOMER undertakes:
5.2.1 Carry out (if necessary) technical supervision of construction.
5.2.2 Provide accommodation construction team Contractor in close proximity to the construction site of the Facility, unless otherwise agreed.
5.2.3 Provide temporary communications connections, including power supply of the construction site for the period of work at the construction site.
5.2.4. Provide unobstructed access ways (vehicles with a maximum weight of up to 25 tons and a length of up to 9-12 m) for unloading and storing material.
5.2.5 Provide the possibility of unloading the material in the immediate vicinity of the place of the future building.
5.2.6 Agree with the Contractor a place for storing construction waste and debris generated during the performance of work.
5.2.7 Timely pay for the material and work performed, in accordance with paragraphs. 2.2.1. – 2.2.3. actual agreement.
5.2.8 Provide the contractor with a signed layout of the construction object on the land plot.
5.3. In case of termination of the CONTRACT due to the fault of the CUSTOMER, the prepayment received by the CONTRACTOR is not returned, but the material is transferred equivalent to the amount spent.
5.4. In case of termination of the CONTRACT due to the fault of the CONTRACTOR, he is obliged to return to the CUSTOMER all the funds previously received from him.
6. Force majeure (force majeure).
6.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement, due to circumstances arising beyond the will and desire of the PARTIES after the conclusion of the CONTRACT as a result of emergency events and which the party could not foresee or avoid, including civil unrest, epidemic, blockade, earthquakes , floods, fires and other natural disasters, as well as a strike.
6.2. If, as a result of force majeure circumstances, the construction suffered significant, in the opinion of one of the Parties, damage, then this Party is obliged to notify the other Party within 5 days. After that, the Parties are obliged to discuss the feasibility of further continuation of construction and accept an additional agreement with the obligatory indication of new terms, procedures and costs of work, which from the moment of its signing becomes an integral part of the Agreement, or initiate the procedure for terminating the Agreement.
7. Transfer of ownership.
7.1. After signing the Object acceptance certificate, the Customer accepts the Object under his protection and bears the risk of its possible damage.
7.2. Prior to the delivery of the Object, the Contractor shall be liable for the risk of its accidental destruction and damage, except in cases related to force majeure circumstances.
8. Warranty.
8.1. Quality guarantees apply to all structural elements and work performed by the Contractor under the Contract.
8.2. The Contractor guarantees the possibility of normal operation of the Object during the warranty period specified in clause 8.3.
8.3. The warranty for structures is given for a period of 1 (one) year from the date of signing the acceptance certificate of the finished Object:
- on the integrity of the structure,
- on the flow of the roof (the guarantee does not apply to temporary roofs: roofing felt or other similar ones).
The guarantee for drying out, bursting and turning blue of logs, lining, boards, beams does not apply.
8.4. Warranty obligations come into force from the moment the work is completed under the contract and does not apply to damage caused by third parties or the customer, due to changes in the project and in case of improper operation of the structure.
8.5. If during the period of warranty operation of the Object, defects are found that impede its normal operation, the Contractor is obliged to eliminate them at its own expense and within the terms agreed with the Customer. In order to participate in the drawing up of an act fixing defects, to agree on the procedure and terms for their elimination, the Contractor is obliged to send a representative within a reasonable time from the date of receipt of a written notice from the Customer. In this case, the warranty period is extended accordingly by the period of elimination of defects.
9. Other terms.
9.1 If a dispute arises between the Customer and the Contractor regarding the shortcomings of the work performed or their causes and the impossibility of resolving this dispute by negotiations, an examination must be appointed at the request of either party. Expenses for the examination shall be borne by the Party that requested the appointment of an examination.
9.2. If, in the opinion of one of the Parties, it is not possible to resolve the dispute that has arisen between the Parties through negotiations, then it is resolved in court at the location of the Contractor.
9.3. Any agreement between the Parties that entails new circumstances not provided for in this Agreement is considered valid if it is confirmed by the Parties in writing in the form of an additional agreement.
9.4. When performing this Agreement, the Parties are guided by regulations and the norms of the current legislation of the Russian Federation.
9.5. All annexes specified in the Agreement are its integral part.
9.6. This Agreement is drawn up on 8 (Eight) pages in duplicate - one for each PARTY and both have equal LEGAL VALIDITY.
10. Addresses and details of the parties.
Executor:
Individual entrepreneur: Sokolov Sergey Viktorovich
TIN: 442100779729
OGRNIP: 217440100004355
Passport: 3404 727786, issued by the Department of Internal Affairs of the Factory District of the mountains. Kostroma 07.02.2005
Registered: Kostroma region, Ostrovsky district, pos. Ostrovskoe, Parkovaya street, 7, apt. 2
Phone: 8-910-929-12-50
Customer:
________________________________________________
Passport of the Russian Federation: _____________________________________
Issued by: ___________________________________________
Registered: ________________________________
Telephone: _______________________________________
Appendix No. 1 to the contract dated ____ / _______ / 2018
Terms of reference for the manufacture of a house ____ meters
- Log house ____ meters for shrinkage from timber _______ mm. natural humidity.
- External walls - timber ____ mm.
- Internal partitions of the 1st floor - timber ____ mm.
- Internal partitions of the 2nd floor - timber ____ mm.
- Floor beams - edged timber 100x150 mm.
- Interfloor beams - edged timber 100x150 mm.
- Rafter system - edged timber 50x150 mm.
- Roof lathing - edged board 25x150 (100) mm.
- Roof gables - _______________
- Roofing - roofing material
- Roof shape - __________________
- Consumables (nagel, interventional insulation, nails, staples, etc.)
- Treatment of the lower crown and floor beams with an antiseptic
- Height of the 1st floor - ____________
- Height 2 floors - ____________
- Technological openings for windows and doors
- Assembling the corners of the house - in a warm corner
- Assembling the walls of the house - on wooden dowels
- Installation of floor and ceiling beams
- Installation of the truss system
- Installation of a temporary roof (roofing material)
- Delivery and unloading (at the entrance to the site)
Appendix No. 2 to the contract dated ____ / _______ / 2018
The act of acceptance - transfer
____/_______/ 2018
I, Contractor: Sokolov Sergey Viktorovich, individual entrepreneur, TIN: 442100779729, OGRNIP: 317440100004355, handed over the frame of the house built in accordance with terms of reference and architectural and planning solution of the House made of timber ___________ according to an individual project, in accordance with the terms of the contract dated ____ / _______ / 2018, located at: _________________________________________________________.
I, the Customer: ___________________________________________________________________ accepted it in the configuration presented in Appendix No. 1 to the contract in a condition that ensures its normal operation.
The parties have fully fulfilled their obligations under the agreement. There are no complaints about its completeness, quality of work and financial calculations.