How to conclude a contract with a construction company. Sample contract with a construction brigade for apartment repairs. Good contract - a fat contract
Country construction - a long and responsible way, regardless of whether you are building a large or small house, you dig a well or engaged in engineering arrangement. All these works unites one inevitable moment - the need to resort to the services of construction companies.
How to choose a construction company or brigade, architectural or design bureau; competently arrange your relationship with this organization; Protect your interests as much as possible and avoid conflicts and legal proceedings? I will try to answer these and many other questions in this article, which is based on personal experience of communication with builders - both as a customer and as an engineer-builder and an expert engineer for suburban construction.
Consistency, stream down and levels. An important concern for construction projects with numerous parties and contracts is to ensure compliance of various contracts to each other, including the provisions that flow from the top-level contracts. For example, in the contract of the General Contractor-subcontractor, the provisions that "flow" will often be provided - this means that the provisions of the main contract between the owner and the General Contractor will be applied to the subcontract. Such provisions should be carefully developed, and if any Party falls under such provisions, it should make sure that it has a copy of the top-level contract that flocks or applies; in otherwise The party agrees with the set of terms of the contract to which he did not see.
Most cases of appeal to experts, lawyers and judges could be avoided if the customers of the country construction, firstly, clearly knew their rights, secondly, they knew how to properly and competently arrange relations with contractors, thirdly, the contractors were controlled. At all stages of construction.
Similarly, the Contracting Party should consider how the requirements associated with the participation of other Parties will be considered when there is no direct contract between this party and the other party. For example, what will happen between the developer and the owner when the owner's neighbor will declare that the builder damaged the property of a neighbor when working on the owner's property? For this reason, there are often provisions in contracts for construction with compensation and defense.
Standard sectoral forms are commonly used in the preparation and preparation of construction contracts, especially for large projects. When using sectoral forms, it is important to understand that various forms for different contracts interact and work together. Thus, if you use one type of standard contracts with the Contractor owner, you must be careful to make sure that the standard contract from the same source is also used for a contract with the architect owner.
Choosing a construction company
You just bought a plot, and you have a complete construction cycle? Does your country house require reconstruction? Have you decided to put a new one in return to the old fence?
The scale of construction is different, but in any case you want to get a good end result and spend as little money and nerves as possible. To do this, do not regret some time and try to consider as many sentences as possible from contractors and familiarize yourself with the results of their work, and most importantly - with reviews of previous customers. Do not "buy" for a beautiful office construction company, solid view of a brigadier and carpenters or a single built object shown to you because of the closed gates in the absence of owners. It is much wiser to trust, for example, the estimates of the neighbors living in a beautiful and a solid house, which stood already at least five years old. But even the most positive recommendations cannot be a 100% guarantee of a good job of a firm or brigade. It is possible that the staff has recently changed a lot, and the workers themselves, unfortunately, have a tendency to change to the worst (observation of personal experience). Therefore, the next important moment - This is the correct design of your relationship with future contractors.
Similarly, any changes in the standard owner of the contractor should be considered when preparing the agreement of the architect owner and vice versa. The same consideration refers to the modifications of subcontracting contractors - subcontractors, subcontractors of subcontractors-subcontractors and orders for the supply of suppliers.
Any construction project of any size should include a written contract or contracts. You must consult with a lawyer if you enter or consider the possibility of concluding a construction contract. This article is not intended to provide legal advice and should not be used for any specific circumstances or facts. No action should be made in connection with the information contained in this article, without receiving a lawyer's advice.
Registration of documents
You should not make deviations from the official rules for paperwork due to, for example, not enough work of work (you are planning only to make the foundation or a new gate). It is necessary to conclude a contract for the provision of services, at least in arbitrary (but necessarily written!) Form or fill out the form printed from the official website of the construction company.
These components are an integral part of the construction contract. As a rule, your construction company will present you a construction contract; Usually as a standardized option. At first glance, this is probably a large stack of white paper printed by black letters. To really read the content, we will introduce you to the most important rules from the construction contract.
The main difference lies in the period of limitation of defects. If the disadvantages are shown, for example, after 4, 5 years after the completion of work, it may be essential. Another distinction between these two rules is the timing agreement. Such planning agreements are particularly important during construction; If the trade union is not completed on time, it may be necessary to pay compensation to the builder.
In my practice there were situations where a contract for construction even with a licensed company turned out to be too brief in the description of the upcoming work, their value, and especially the deadlines. In the case, if the contractor assumes the obligations on the supply of building materials, the customer needs to be very vigilant. Of course, it is difficult to calculate the exact amount of materials (as it is called to the last board), but for some reason, when checking the estimate of the unused construction materials, 20-30% almost always reaches exceeding the design quantities - the builders are accomplished!
Damage and contractual fines These items are among the most important agreements on the construction contract. Not all contractors admit such a contract in the contract; Nevertheless, you should try to build as a builder, because construction delays are usually associated with high costs, such as additional rental rates. As a rule, 0, 2% of the cost of construction per working day and up to 5% of the total amount.
The plan for any construction contract should include a payment plan that is fair for both parties. At the same time, the builder should not go in advance, and the builder should not wait for payments for unreasonably long time. As a rule, payments are made under sections in accordance with the completion of a certain construction phase, for example, building a building, carpentry, roofing, installation of heating systems and plumbing, etc.
At prices in estimates, there is also a lot of questions. It is clear to the desire of contractors to take into account possible inflation and seasonal price jumps, but sometimes the estimated cost is different from the real 50-100%! And although first of all it concerns the main and explicit materials, the increase in the cost of construction still turns out to be very significant.
Warranty Warranty This warranty is responsible for eliminating any subsequent defects of 5 years or 4 years after the completion of work. This is already provided for by law, but only as long as the construction company is solvent. If, for example, the construction contractor is registered in bankruptcy, the requirement to correct defects is also terminated. If, on the other hand, you have a warranty warranty, claims remain.
Bank guarantee. This warranty is often required by contractors. However, such a bank guarantee has many drawbacks for the builder and therefore should not be taken without discussion. The warranty from the bank is associated with low costs for the builder; As a rule, they constitute about 3% of the total amount of warranty. For construction contractor It is usually enough to receive financial confirmation from the bank; This is enough for the client to also pay expenses.
The cost of "hidden" works
Very often there is such a common and surprisingly inherited phenomenon as a portiment. She is practically every step. It begins with the volume of earthworks, which is estimated by the number of cubic meters. Why, in the estimated volume of foundation in 30m3, earthworks occupy the same "cubes", because part of the foundation (basement) is not buried in the ground? And how many concrete is poured there - the question is also.
Look for these traps in the construction contract. Anyone who is in the middle of the construction of their house quickly monitors the traps in the construction contract. Confidence, waiting and a whole dose of naivety often determine this part of life. Consequently, you should better explore construction contract on traps.
Fixed price is often builders do not install a fixed price in a construction contract. Thus, it can happen so quickly that the once-calculated amount of the building is significantly exceeded if construction companies charge various services separately. Even if, for example, complications occur during construction, such as additional waterproofing, the costs of this are transmitted to the builder.
Council
With any builders, whether it is a major firm or "shabashniki" from the neighboring village, it is necessary to conclude a contract with the following detailed applications:
- list of works;
- list of materials;
- estimate;
- operating schedule.
In order to avoid confusion, special rules for the design of the so-called "hidden" works were created (construction stages, followed by other, hiding the results of previous ones). A vivid example of "hidden" works - the depth of the foundation. Therefore B. construction contracts There must be a clause on a mandatory acceptance of the customer of each stage of work with the compilation of the act.
Prepayments to construction companies with construction contracts are still required that customers demand prepayment. This approach is now more than unusual. They pay for a service that is not yet provided and - in case of doubt - will not be provided.
Too short design and performance design. If you have a brief idea of \u200b\u200bwhat work should be made from the first innovative approach to the transmission of keys during the construction of the house, it becomes clear to what a building description should be built. Unrivaled construction companies often work with very short characteristics. This gives them the opportunity to charge additional costs for all the work not specified in these descriptions.
The lion's share of marriage in rustic construction is related to the poor performance of those work, the production of which the customer did not control the customer. Therefore, do not neglect this essential condition if you want, firstly, get really high-quality work, and secondly, to avoid deception in the direction of the builders of the amount of consumed materials. For foundations, for example, this is concrete and fittings. We sometimes turn to the owners of country houses, the foundations of which are frozen, are extended and covered by cracks. Most often, contractors are constantly fulfilled by this stage of construction during construction. wooden houses, believing that such buildings are quite light, they are able to withstand "walking" foundations. The examination of such designs reveals violations in the depths of the investment, the use of low-quality concrete (which is brought by the contractors themselves) and an insufficient amount of reinforcement used. The house on such a foundation will not last long, and the warranty for work is often given only for one year. Of course, the court will fall on the side of the consumer, but the decision in your favor can remain on paper. And to avoid all these troubles is very simple: Provider in the contract mandatory conditions About the admission of "hidden" works and persistently follow the rule to control and take each stage of construction on acts.
Too fast signature Do not sign your construction contract after the first consultation. Serious construction companies give you time so that the contract is checked by your architect or your lawyer. Architect, construction company and construction contract: so these three sizes are interconnected.
If you ordered an architect to build your massive home, the coordination of construction work together with contractual funds is one of the main tasks. It also means that the architect is preparing a legal construction contract. Contract Council. You, as a contractor, nevertheless conclude it with the responsible construction companyBut you have a partner-specialist who will pay your attention to business nodes and inform you which important agreements may still be absent.
Requirements for building materials
Also, it should also be found exactly which materials and in what quantities will be supplied by contractors for the construction of your home. This is especially true of components for wooden houses. All lumber are divided into varieties and classes that are governed by various gostas and that (technical conditions). Before concluding a contract, do not be lazy and look for regulatory documents on the Internet for those materials that are supposed to be used in the construction of your home.
Construction management and supervision You convey the management of the building to your architect and, therefore, is also greater responsible. Thanks to your experience, your architect regularly checks the construction site, regardless of whether all the work is carried out. Thus, any defects can be detected, displayed and corrected by the construction company at an early stage. After completing all the work, the architect complies with the building. He once again checks the house for the presence of construction defects and gives the owner of the building confidence that he can also make the rest of the payments with a clean conscience and have long-term joy in his own home.
It is also very useful to explore the requirements of guests. In the future, if you do not like the material used, you will have a reason to be replaced. And if we take as the basis for the assessment of the highest grade of sawn timber, their impeccable appearance And the absence of defects, it is necessary to specify in the documents and this moment. Organize an acceptance at the facility: Check the inventory and certificates, check the specified on paper and the real number and quality of brought building materials, ask the details of the estimated flow rate of certain materials and deposit them with the upcoming volume of work.
Construction contract - an important document
Anyone who wants to realize the dream of ownership of one house, as a rule, makes one of the biggest investments in his life. Accordingly, the decision to cooperate with a specific developer should be well thought out. The basis for cooperation with developers, general contractors or individual professions is always a construction contract. Here, the business partner usually represents a prefabricated contract, but this should not be taken immediately. Instead, it should be carefully checked, both professionally and legally.
This can be called independent management of the technical supervision. Already one such approach to the Customer to the conclusion and execution of the contract will force the contractor to behave properly and conscientiously fulfill its functions. Unfortunately, at the moment, in many respects, in the field of country construction, in the proverb: "Salvation of drowning is the work of the hands of immersing." Therefore, be alert with builders, make out your relationship with them officially and competently and from the very beginning control, control and control again. Of course, for this you have to delve into the essence of construction, in legislation and rules, but believe me, the result is worth it.
Construction contracts are concluded in accordance with the provisions of the Civil Code or Rules regulating construction works. Both options are purely legal, but they do not offer the same services. Especially important is the limitation period for deficiency claims.
For this, the client needs to negotiate with the contract partner, respectively. It is also important to clearly appoint meetings. This is especially important for those builders who do not work with the General Contractor, and instead coordinate individual merchants and merchants. If there are delays, the corresponding merchant may carry losses.
Text:
Alexander Isakovsky
No one will probably argue with the fact that "build a house" is one of the most romantic and global dreams of many men, women and families. And on these romantic feelings with pleasure "play" many construction companies that offer cheap build a house for you.
Damage or contractual fines?
Construction contracts should also include contractual fines. They are used, for example, for overdue payments. However, it should be borne in mind that not all contractors actually conclude an agreement on contractual fines. In this regard. 0, 2 percent from the order amount per working day and limit. 5, 0 percent for all delay.
Set the payment schedule in the construction contract
Contracting fine will be paid only if the affected contractor is guilty of the delay. However, the prerequisite for this is that the delay was caused by the fault of the construction company. The payment plan must also be installed in a construction contract. A fair and good payment plan meets the interests of all Contracting Parties.
However, in reality, all this romance turns into a multitude of pitfalls that need to know before entering into an agreement with a construction company.
Today I want to tell my experience so that you can learn from my mistakes and bypass the rake, which we got from my family during the construction of the house.
Rule first: Never agree to 100% prepayment
Whatever a respected company, do not agree on a 100% prepayment never. Really serious companies have enough resources to build a customer postpay. 10% is a completely adequate prepayment. Otherwise, you have no guarantee that the firm, pick all your money will not disappear in an unknown direction.
Or, if it does not disappear, it will still build as you think that you have thought, and not just puts the crayflap and leave the object. While you did not pay the whole amount, you can "take" or "not accept" work and insist on its refinement or alteration. If you immediately paid the whole amount, then your opinion will be taken into account during construction.
Rule Second: the contract for the delivery must be negotiated by the driveway!
Here I want to talk about something. You can order the construction of the house from the materials, and you can order the house "Ready". We had so much that we ordered a lot of delivery. In principle, during the construction of the house, too, there is a delivery of materials, and this moment is important to comply with everyone. Carefully follow what is written in the contract on how everything will be delivered. If the company takes delivery to himself, then make sure that the company is aware of all the nuances and the difficulties of the way to the entrance to your site. When we ordered a lot, in the contract it was that "the Customer undertakes to provide an entrance to the place", but at the same time there was no specifics that it was not necessary for this entrance.
We did not give this value, but in vain. When the Lord builders came to us, and saw that our site was in the middle of SNT, and a country road between other sites was leading to him, they said that they could not deliver the household. So you need to demand in advance so that the company's employees provide a list required conditionsOr to come to the company's representative in place and personally examined the entrance.
At the same time, well require the conclusion of this representative that the entrance to the site is suitable and complies with the possibilities of the company. And, of course, in the contract to register that if at the time of construction there will be problems with the entrance, then or the company decides them at their own expense (hires, for example, the tap is higher), or pays the penalty. Otherwise, you will completely involuntarily be responsible for what no one has notified you in advance.
It is important to understand that some companies specially use this moment with an entrance to the site. After all, the customer cannot adequately evaluate the ease of entrance, because This is influenced by not only objective factors (for example, the availability of the road), but also subjective - which technique has a construction company. Find the reason why an entrance to your site is not comfortable, easy. For example, they may say that the wires of the power lines interfere. Although when used by using any wire manipulator is not a hindrance.
All this is done by many companies in order to refuse to deliver home or cabins, and offer you construction in place. As a person is not ready for such a turn of events, then, as a rule, there are many ways to "make it".
The third rule: if you build on the spot, follow the estimation
If it turns out that construction on site is inevitable, or you choose this option yourself, always pay attention to the estimate. Require a plan and estimates, how many and what building materials will leave for each part of the object. Be sure to register the amount of material in the contract. Never agree to the suggestions of the "now we will slide forty pieces, and then we'll see." There must be finite figures of the required material.
If the company does not know how much material goes to a house with concrete sizes, it suggests that your home is their first project, and does not inspire confidence. If the company is experienced and quite a long time on the market. It must provide you with accurate figures of the material. Be sure to check that in the contract it is estimated for everything, even on the installation foam, on the nails and to other "it seems to be trifles." Otherwise, you will raise the account at times more than you represented by explaining this "trifles".
When signing the estimate, specify in advance, at what prices they will purchase materials
Some companies and many private builders have such a thing that "work is worth as many materials." Those. Put siding costs as much as siding myself, etc. Therefore, it is advantageous to buy expensive materials, so the work itself will be more expensive. At the same time, they, of course, will give you all checks and value reporting.
But you should not trust checks. Just go to the store or online and look at the average value of the value of various materials. And when drawing up the estimate, be sure to take into account this without agreeing to the overestimated prices of materials. It is possible to consider options with the purchase of materials on their own. Perhaps even with all shipping costs, will be cheaper than agreeing to the value of the materials that the company offers.
Construction is a sphere where huge money earn on the fact that people are too lazy to calculate. So do not be lazy! Consider everything and always! It is not "not convenient," this is a correct lean attitude towards your money, otherwise you build a house at the price of gold, and you will be upset and offended by the whole world. Consider everything before the conclusion of the contract. Consider necessarily when making materials. Be sure to consider everything that is stated in the estimate, it was brought in a clear compliance.
One of my familiar builder built a house from those materials that he did not attend customers, so it should not be negligent to this. And during the construction, be sure to make sure that everything is provided for by the estimate and is brought - it was equipped with your home. If after construction a bunch of material remained - it means that there are not enough insulation in your walls and the like "gaps" of construction you still have to be bold when builders will leave. So consider, watch and be careful.
The preservation of materials also put in the estimate!
You were brought by materials, you counted them. They were thrown on the site and further permanently be responsible for their safety you. And since this is no longer the problem of builders, they do not even get to close them with a tarpaulter from the rain. So that there is no such thing, prescribe in advance in the contract that the company is responsible for the safety of materials from the moment of prison and the company is answered. And fines are also in advance in advance if the company has not coped with the task of safety.
Why do you need it? Look! We built a house in winter, the snow lay around. Materials, including min.vatu rose on the snow. Then in two days I went snowfall and all our materials covered with snow. So put this ice minvatu with ice inside the walls. In the spring, this ice was excited and water flowed from all sides. Fortunately, we had a guarantee and we again called "Mount-Builders". They disassembled the whole roof, squeezed the Minvatu and put back. And if we were prescribed in advance in the contract, that when damaged the system. Materials, the company undertakes to buy new ones, they would have to put a new minister and not only on the roof, but also in the walls. And most likely, they would have thought about it in winter and covered the material with a tarpaulter, in order to avoid dampness and icing.
Rule Fourth: Dates stipulate before signing the contract
Dates - it would seem such not the main part of the contract, but very important. It is important to register when construction starts. And it is equally important to register when construction is over. Otherwise, it may be so that you will look for several months to look at how your home is built super slow pace or not being built at all.
This is especially a shame when the money is already paid, and the company simply has no motivation to work with you. Such motivation must be prescribed in advance in the contract, it is desirable, having stated a fine for each day of delay in the delivery of the object.
Rule Fifth: Builders must also be specified in the contract
Usually in the contract, no words say about the builders themselves and their living conditions, and it turns out to be great surprises during construction. Be sure to check that the number of builders will be described in the contract, their accommodation conditions at the facility and their professionality. The point is not even that as a rule, we have Tajiks without documents. Tajiks are not a problem. And the Russians may not be able to build, and other nationalities can be excellent builders, but require some confirmation of their professional benefits, for example, documents on their construction average special education.
Otherwise, your home will be a problem for you for many years. Because the thermal insulation film will be "not the side" and in the house will always be raw, the external walls will be attached so that the rain will be poured inside the walls, etc. Still, construction is not just a nail to drive, these are a lot of rules and laws that builders must study in special educational institutions.
At the expense of the living conditions of builders. After the conclusion of the contract suddenly it turns out that you must at your expense to settle the builders to your home. So that this was not, register in the contract in advance where the builders team will live. Usually they bring their household for such purposes. And by the way, it is not difficult to bring it, even with complex entrances.
The rule is six: if conditions change during construction, be sure to make a new contract
For example, we have a compiled contract for the delivery of cabins, and in the end we were built on this household. Be sure to compile a new contract with the estimates and all cases in this case. Otherwise, this is all turning into a mess, which is not possible to check, because There is no contract for this case, but the one that is not corresponding to what is happening.
Seventh Rule: Before accepting work, invite an independent professional
Never take your work. Never do it in the evening or in conditions of limited time, for example, you are in a hurry somewhere. The act of acceptance means that everything in construction satisfied you and you pay the company all 100% cost. And, by the way, never agree to "stepdown payment". Pay only at the end when receiving an object. And before signing and paying, do not regret money and invite a professional, a builder with experience and education that is not related to your construction site.
It is not difficult to find it among private builders on the list of ads, or in the construction market. Ask for some real amount for you both to assess the construction, indicate the actual mistakes and shortcomings or "jambs". And you can demand from the company to finish, or if you finish something very difficult, or not critical for you, then you can demand to bring down the price. And this moment, by the way, is also worth prescribing in advance in the contract. How much you can require a discount when not fulfilling or improper implementation in construction. Do not rush to get rid of construction. It is necessary to finish it carefully so that later not to return to this issue for many more years.
Thank you for providing an interesting material about personal experience Interactions with construction companies Pankina Andrei Vladimirovich (Russia, Moscow region, Chekhovsky district, Village Sunshkovo)
