An example of a contract agreement. Subject and conditions of the agreement. Act of acceptance and transfer of work performed

относится к обязательственным соглашениям. A typical work contract for the performance of work relates to obligations agreements. Its registration is regulated by the provisions of chapter 37 of the Civil Code. заполняется также при осуществлении опытно-конструкторской, научно-исследовательской и иной аналогичной деятельности. The contract form of the contract with an individual is also filled in the course of experimental design, research and other similar activities.

Classification of agreements

In Ch. 37, in addition to the main provisions, there are norms regulating certain types of agreements. In particular, the chapter contains the rules, in accordance with which the contract is formalized :

• ; For repair and construction work ;
• For prospecting and design activities;
• For events for state needs;
• Domestic character.

General terms

The agreement is signed by the customer and the contractor. Under the terms of the transaction, the latter undertakes to implement certain activities and provide results to the other party. The customer, in turn, accepts and pays for them. Similar to the sale and lease transactions, the general rules of Ch. 37 are applied to certain types of relations subsidiarily, that is, in situations when the other is not established by special norms. The model contract is paid, bilateral, 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 regulatory provisions that need to be applied to a specific situation. This, in turn, causes the need to differentiate the transactions in question from other relationships. As the main criterion, according to which the model contract of the contract differs from other types of agreement, the object appears.

Parties to the transaction

Legislation allows for the possibility of concluding a contract with an individual. документа может оформляться и двумя организациями. A sample document can be issued by two organizations. For certain specific types of legal relations, the law makes special demands on the parties. For example, for the implementation of household activities it is allowed to conclude a contractor agreement with an individual. соглашения должен указывать на то, что гражданин осуществляет наем другого лица для осуществления необходимых мероприятий. The model of the agreement should indicate that the citizen is hiring another person for the implementation of the necessary measures. In some cases, the law directly establishes the mandatory availability of permits from the executor. вправе только то лицо, которое имеет лицензию на осуществление соответствующей деятельности. For example, only a person who has a license to carry out the relevant activity is entitled to enter into a construction contract for construction work .

Specificity

The contract for the execution of construction works may contain items that allow outsiders to engage the performer to carry out the activities specified by the main participants. At the same time, he remains responsible for the result. In this situation, the principle of general contracting is in effect - the contractor is the main obliged person, and the entities involved act as subcontractors. Provisions governing these features of transactions are provided for in Article 706 of the Civil Code.

Features of liability

, то можно увидеть, что он обладает двусторонним характером. If you take any example of a contract agreement , you can see that it has a two-way character. In this regard, both parties have certain rights and, at the same time, have mutual responsibilities. Accordingly, the general rules of the debtor's liability for all actions of third parties equally apply to the relationship of the customer and the contractor, the last of the subcontractors. If the subjects involved have committed any violations, the executor will be responsible for them. In this case, there is a double responsibility of the person. If the breach of the terms of the transaction is due to the fault of the customer or subcontractor, he is entitled to transfer it to them.

Nuance

Legislation allows the client, with the consent of the contractor, to conclude agreements for the implementation of certain activities with other entities. In such cases, the double liability principle discussed above will not be applied. Accordingly, all persons who have signed a direct agreement with the customer will be responsible for violations of the terms of the transaction immediately before it.

Subject of transaction

As it is directly work, as well as its result. An indicative list of activities that may be the subject of the transaction is given in clause 1 703 of the Civil Code article. It includes:

1. Making new things. This can be building a building, drilling a well, and so on.
2. Recycling. It can be the creation of jewelry from scrap of color.
3. Handling things. It can be painting the car, dry cleaning and so on.

Usually when performing such types of work a new thing appears or the consumer qualities of the existing object are substantially improved.

Quality assurance

Their definition is determined by the material nature of the result of the activity. The quality of the contractor's work must comply with the contractual conditions. If they are not stipulated in the agreement, then the criteria that are usually applied 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 relevant thing.

Additional responsibilities

могут включаться пункты, определяющие критерии качества в соответствии с законом или другими нормативными актами (СНиП, ГОСТ, ТТ и пр.). As an example of a contract agreement , items that define quality criteria in accordance with the law or other normative acts (SNiP, GOST, TT, etc.) can be included. Under the provisions of Article 722 (paragraph 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 (guarantee period). It can be established by the custom of turnover, agreement, normative act.

Price

Terms about it are not essential. If the example of the contract agreement does not contain points on the price, the rules of article 424 (paragraph 3) of the Civil Code are subject to application. The amounts included in it are determined by art. 709 (paragraph 2). The price includes, in particular, compensation for the costs incurred by the contractor in performing the work, as well as the remuneration that is due to him.

Estimate

It is a cost estimate that is necessary for the execution of specified work. Typically, the estimate includes several sections / items. They describe the costs of:

• Purchase of materials and equipment;
• Payment for certain services of third parties;
• Contractor's remuneration;
• Payment of salary;
• Business trips, etc.

The estimate can be approximate and accurate. The latter assumes certain deviations from the given provisions in the course of the work. When drawing up a firm (accurate) estimate, exceedances are not allowed. If the agreement does not specify otherwise, the calculation is considered to be firm.

Changes in the budget

If it is necessary to significantly exceed the approximate estimate, the contractor is obliged to notify the customer immediately. If the latter refuses to change the costing, he has the right to refuse the agreement. At the same time, he must pay the price to the contractor in proportion to the part of the work performed.

The law allows for a change in the firm estimate in certain cases. This is possible if the cost of equipment and materials purchased by the contractor has significantly increased. A change in the firm estimate is also permissible, and when it is necessary to pay for services rendered to it by third parties, which could not be envisaged during the execution of the agreement. In such situations, the contractor may demand an increase in the price of the contract. If the second party refuses to do this, the contractor can terminate the contract under the rules of article 451 of the Civil Code.

If the actual costs of the contractor were lower than those that were included in the estimate, it retains the right to receive the amount specified in the contract. However, the customer can challenge this if it proves that the savings have affected the quality of the result. This norm differs in dispositive character. Accordingly, the agreement may define other conditions for the distribution of savings.

Timing

They are considered to be essential terms of the contract. According to the provisions of Article 708 of the Civil Code, the agreement should provide for an initial and deadline. Parties have the right to establish intermediate periods of completion of certain stages. The introduction of deadlines in the Civil Code is necessary to ensure control over the course of events.

Duties

The contractor must complete the assignment and provide the result, and the customer - pay. The Civil Code regulates the issue of risk allocation. The main provisions are present in the 705 article. Normally, in particular, it is stated that the risk of accidental damage or loss of equipment / materials transferred for the implementation of the terms of the agreement is borne by the party that provided them.

. As to the subject of the transaction, the responsibility for its safety is assigned to the performer, until the act of acceptance and transfer of the executed works is signed. The legislation or the agreement itself may establish a different procedure for the allocation of risks. In case of delay in the end of the event, the responsibility is borne by the participant who admitted it.

Regulatory requirements

The Contractor shall promptly notify the customer and suspend the execution of the assignment until the relevant instructions are received from the latter if he finds:

1. Inadequate / unsuitable equipment, materials, documentation or thing handed over to him.
2. Probable unfavorable consequences for the customer of the execution of his instructions concerning the method of implementation of the specified measures.
3. Other circumstances that do not depend on the performer, threaten the strength or usefulness of the results of its activities or create the possibility of delay.

Act of acceptance and transfer of work performed

It is issued upon delivery of the results of the arrangements agreed upon by the agreement. Legislation does not oblige to draw up a document, but in practice its absence can deprive the customer of certain rights. For example, if he finds any shortcomings in the results surrendered by the contractor, he can only refer to them if they were officially recorded. The customer, who accepted the work without verification, has no right to point out the shortcomings revealed subsequently.

The resolution of disputes in the judicial procedure is carried out in the presence of an act testifying to the revealed defects. In case of his absence, examination may be required. The contractor will incur expenses for it, except for cases when the results of the procedure reveal the absence of violations by the contractor of the terms of the agreement or the connection between its actions and the detected defects. In such situations, the costs are borne by the subject whose examination is being carried out.