Typical house of building a house with an individual. Let's touch the price of the contract

Residents of St. Petersburg are increasingly considering suburbs as a place to relax or residence. In this regard, independent construction of suburban real estate acquires special popularity. And this is quite explained, because it is in this way that you can create a house of your dreams with all my wishes and opportunities.

As a rule, the construction process of any house begins with the confirmation of contractual relations with contractors on paper. In other words, we conclude a contract for the construction of a private house.

When concluding an agreement on the construction of a private house with a construction company, you need to pay attention to the details of all conditions, at first glance, seeming trifling. After all, this is the main document, on the basis of which the construction of your home will occur. Therefore, it is so important here to register the entire complex of work done and provide the most likely risks.

After the development and approval of the country house project, such important aspects must be coordinated as the timing of work and estimates ( technical task). Moreover, it is not enough to simply indicate the deadline for the construction of construction, it is necessary to compile a detailed phased schedule of work. This will serve as a kind of calendar governing the relationships and duration between individual species. construction work. This is documented in the form of a separate annex to a construction contract.

The next, the most exciting issue is to compile estimates. This directly concerns your wallet and the result "at the output." The contractor often can overestimate it significantly, as well as the cost of services provided. Therefore, it should be broken and adequate to assess the situation, because the real value of the goods is not entirely difficult.

The next step towards the competent compilation of the contract is to establish the responsibility of the parties. It is necessary to envisage who will suffer responsibility for random death (damage) of building materials or a building until commissioning, customer or contractor, if necessary, to coordinate risk insurance conditions. In the case of attracting subcontractors, it is also necessary to establish the degree of responsibility of the parties and register the procedure for negotiating the admission of each subcontractor to the object. To secure yourself from the poor quality of work, install the warranty period.

In order to avoid risks and unnecessary losses, it should include such items as the amount of penalties for the violation of the timing of the work, the procedure for compensation for damages associated with the non-fulfillment or improper performance of the contract, as well as the possibility of additional work, which will require additional costs. However, as they say, not foreseen and do not foresee and the weather are not ordered, so no one canceled the emergence of force majeure circumstances.

In any case, be alert and do not let the case on Samotek. Always carefully read the documents that give you a signature. Special attention should be paid to footnotes and applications. Do not be afraid to insist on your own, and if you are not sure about something, you can always seek qualified help to an independent specialist. Indeed, in such a serious and responsible business as the construction of his own home, errors can do quite expensive.

Even if everything is cool now, there is still a whole life ahead

Now that you already have a project and estimate (or estimates issued by several firms), to think about the conclusion of the contract. It is so far that you think, but not to conclude at all. Because your final choice depends on the Spirit and the letter of the contract. Even the most beautiful estimate can hardly fade in the darkness of the contract proposed to you (moreover, so often happens). And vice versa - estimate, at first the terrible seemed to you, may not only (along with its author) to enter the leaders, but also to become the limit of your desires - after you feel the difference between the terms of contracts practiced in different companies.

Some of our compatriots are both customers and contractors - in general neglected on such a thing as a contract. Well, maybe someone is more convenient to discuss and challenge the rules of the game after it began. However, the absolute majority of people still believes that the contract is needed is obligatory and inevitable. But among them only very few understand what is actually a contract. There is an opinion that the contract is a purely formal thing. That there is a standard contract. That all contracts are the same. Approximately like hares.

Another citizen, having seen the contract, who else on two or three pages, quickly runs his eyes and immediately signs. Questions relating to unpleasant moments, many construction firms simply ignore. However, the customers too. Those who are trying to ask "what will happen if ..." Often get the answer "No, it simply cannot be, we are a decent company" or "well, if this happens, we will correct it at your own expense. Write it in Agreement? Well, it is difficult, now there is no computer, you will have to show the director, takes your and our time, for what such formalities? ". Unfortunately, few people (from customers) understand that the contract is just needed in the case when something bad happens. If all work proceeds normally, then the contract is not needed. It is just the case when an abnormal situation arises, which goes beyond positive hopes, characteristic of all people - including the Customer with the Contractor. As they say, even if everything is cool now, there is still a whole life ahead.

Please take advantage of the preparation and signing of the contract as serious as possible. Ask you to give it text to familiarize yourself. Carefully read it. It will not be superfluous to show it to lawyers - it is desirable to those who specialize in the construction business. With their participation, you can compile and offer companies your version of the contract. This is a creative thing, and there can be no dogma. And if the company does not even consider such an opportunity - to take the basis of your contract, then it is likely that there are causes. Then it is better to look for other builders.

To build a bright house, you must first build a dark perspective

Note that in the texts of many contracts, the blanket is significantly pulled towards the contractor. The customer is unpaid. And some contracts tend to imperceptibly shifting them responsibility for completely unusual things to you.

For example, you can immediately keep the construction technique after the end of the work and signing the act on acceptance of the house (it happens that the contractor takes two weeks to the liberation of the construction site). You need it? Do you want to watch someone else's concrete mixer at night? Then read the contract and refuse this item. The fire arising from the fault of builders and third parties (envying neighbors) should also be assigned to the contractor's responsibility, which is obliged to ensure the implementation of safety safety and object protection. But this also requires enhancing in the contract. And even zipper can be interpreted as force majeure only if the schedule of work has not yet reached the time of the grounding circuit around the house.

The contracts in which are written that "the place of destruction of garbage determines and coordinates the customer." Translated from the Legal to Russian, this means that you want to hire on the (unpaid) position of the helper manager.

Read the Treaty and discuss every item that causes you questions or disagreement. Incorrect, illiterate and vague formulations should be ruthlessly edited. It does not hurt the proportion of healthy suspicion. Will you look strange for you? Will honestly perplex why you build such gloomy perspectives? You will even be awkward due to the fact that you are so predatory, and your opponents are such simple, sincere, infertility? Nothing nothing, but in a month they will not have a reason (unexpectedly?) To change in the face, you will not change with roles with them and you will feel good. The visible naivety of the contractor is false. Do not forget that he is smarter than you - in those questions for which you came to him. He knows what you also do not guess. He has experience, and you still do not. Then how to deal with him? Very simple. You have money. And the contractor wants to get them. Do not give them until the construction company agrees to all your conditions - up to the preservation of the removed soil and cash compensation for each damaged tree.

Require OT construction company Information on subcontractors, which it attracts for certain stages of work. Of course, each contractor has the right to hire subcontractors, if it is so more convenient. After all, it is not always in a construction company there are people of all professions. And the qualifications of employees of specialized companies are usually higher. But you need to know where to appeal in a few years, if, for example, you have a problem with heating equipment or air conditioners.

Working with a single company, you can conclude an agreement with it not to complete, but for phased construction. At all, it is not necessary to immediately build everything and "turnkey". At the first stage, you can negotiate about the construction of the "box" with the roof, windows and doors. After that (if you liked the builders) - order the installation of engineering systems and communications (water supply and water treatment, heating, air conditioning and ventilation, plumbing, electricity, alarm). Then - to make an internal finish.

About the dangers and benefits of dual accounting

If the estimate and contract appear the amount that is fully stacked into your income declaration, you have nothing to worry about. But it often happens otherwise: the contract contains some money, and you operate completely different. And some companies do not mind this. You can say something like: "Well, what are you so in front of this contract? Do you have to go to court in the event of a conflict? And if you ask, then it will be worse, and the amount will be less real." Do not give in to such threats. Offer an option with two treaties: one acts during construction, and after its completion, another is compiled, which indicates the amount you need. Remember that a big amount is inconvenient not only to you, but also to the same extent - your contractor. And conflicts on this soil builders are not needed.

As an example, give you a highly developed contract, which can be recommended for conclusion with sane builders. Of course, you can and should add to it with regard to your specific case. Or change some points, delete those of them that are simply not relevant to you. By the way, such a contract is a kind of lactium paper: as a rule, only good contractors are taken to sign it.

Construction contract
moscow "____" ________________ 2002
№__

Ivanov Ivan Ivanovich, hereinafter referred to as the "Customer", and LLC "24-hour construction", hereinafter referred to as the "Contractor", represented by the Director General of Petrova Peter Petrovich, acting on the basis of the Charter, on the other hand, concluded this Agreement on the following.

Article 1. Subject of the Treaty
The customer rents, and the contractor takes on a general contract for the construction of a residential building at:, referred to as "object".
The contractor undertakes to perform on its own risk of own and attracted forces and means of working on the construction of an object in accordance with the terms of the contract, the task of the Customer and the project documentation, including possible works, it is definitely not mentioned in it, but necessary for the complete structure of the object and its normal operation. The contractor undertakes to fully complete the construction and pass the finished object to the customer on time before "____" ________________ 2002

Article 2. Cost of work under the contract
2.1. The cost of the facility constructed by the contractor under this Agreement is determined according to the approved by the Parties, the estimated (contract price) and is 500,000 Swiss francs, including VAT (20%), overhead and transportation costs (15%). Payment is made in rubles at the rate of the Bank of Russia for the day of payment. In the case when, in accordance with the current procedure, the cost of certain types of work as appropriate to the parties is specified in the construction process, the contract price under this Agreement is determined taking into account the specified refinements.

2.2. All changes in the initial contractual price and construction time or one of these parameters are issued by an additional agreement of the parties in writing.

2.3. Exceeding by the contractor of the project volumes and the cost of work, not confirmed by the Supplementary Agreement of the Parties to this Agreement, are paid by the Contractor at its own expense, provided that they are not caused by the customer's failure to fulfill their obligations.

2.4. An exception in an increase in the cost and timing of construction or one of these parameters may be the circumstances of force majeure.

Article 3. Contractor Obligations
To perform work under this Agreement, the Contractor at the expense of the cost provided for by Art. 2, undertakes:

3.1. Perform all work in the amount and timing provided for in this Agreement and applications to it and pass the work to the Customer in a state that allows the normal operation of the object.

3.2. Work in full compliance with projects, extends, work drawings and construction standards and rules.

3.3. To put the necessary materials, equipment, products, structures, components, construction equipment, with the exception of materials, equipment and products supplied by the customer.

3.4. Evaluate all temporary structures necessary for storing materials and performing work under this Agreement on the territory of the construction site.

3.5. Inform the customer about the conclusion of a contract with subcontractors as they are concluded. The information should be made the subject of the contract, the name and address of the subcontractor.

3.6. To be responsible for the customer for the proper execution of works under this Agreement by the attracted subcontractors, for coordinating their activities.

3.7. Ensure the implementation of the necessary safety activities on the construction site ambient, green plantings and land during work, as well as establish lighting.

3.8. Coordinate with the state supervision authorities to conduct work on the facility and ensure compliance with it at the construction site.

3.9. Implement construction risks.

3.10. Ensure the content and cleaning of the construction site and the outdoor strip adjacent to it.

3.11. To take out within a week from the date of signing the act on the acceptance of the construction of the facility outside the construction site, the construction machines and equipment, vehicles, tools, instruments, inventory, construction materials, products, designs, temporary buildings and structures and other property, and also construction garbage.

3.12. Implement the protection of the facility under construction.

3.13. Fulfill all your obligations provided for in subsequent articles of this Agreement.

Article 4. Customer Obligations
To fulfill this agreement, the Customer undertakes:

4.1. To transfer the contractor for a three-day period from the date of signing this Agreement on the act, signed by the Contractor and the Customer for the construction of the facility and before its completion, the construction site, suitable for the work of work, according to Appendix No. ___ to this Agreement. At the same time, the Customer conveys the Contractor for the discharge of places for the storage of excess soil and construction waste.

4.2. Submit materials and equipment with the documentation of the manufacturers necessary for its installation, which are not included in the volume of supply of the contractor, according to the nomenclature in the quantities and terms specified in Appendix No. ___ to this Agreement.

4.3. To transfer the Contractor within a three-day period from the date of signing of this Agreement design and estimate documentation in the amount, deadlines and composition according to Appendix No. __. The documentation transmitted by the Customer must be drawn up in accordance with the requirements of the construction standards and rules and approved in the prescribed manner.

Representing the customer inappropriately decorated or noncompliant documentation is equal to its failure. The contractor is not responsible for the quality of work drawings, specifications and other documentation transmitted by the customer. If the deficiencies in them are identified, the contractor reports this to the customer. The costs arising from the contractor in connection with the correction of the work performed are paid by the customer in excess of the value indicated in Art. 2 of this Agreement.

In the case when the Customer makes a change in the transmitted contractor, it is obliged to convey its contractor no later than 5 days before the production of work on the changed documentation, refund it all costs and losses incurred in connection with the introduction of changes to working documentation, and To clarify the contracting price with the contractor, and if necessary, the construction time provided for by the Treaty.

4.5. Payment made by the contractor work in the manner provided for in Art. 2 and 10 of this Agreement.

4.6. To transfer the Contractor after three days from the date of signing this Agreement, the list of executive documentation required for acceptance of the object.

4.7. To fully fulfill all your obligations provided for in other articles of this Agreement.

If the Customer does not fulfill all its obligations within the deadlines, provided for by this Agreement, which will lead to a delay in the construction of the facility, the Contractor has the right to extend the deadline for the appropriate period, and it is exempt for this period from payment of a fine for his subference commissioned. In this case, the parties will take all necessary measures to prevent additional costs. If the Contractor has additional costs caused by non-fulfillment or improper fulfillment of obligations by the Customer, then he will inform the Customer in writing to the Customer the amount of additional costs confirming their documents, on the basis of which the parties enclose the terms and form of their compensation.

Article 5 Terms of work
5.1. The object should be built by a contractor and put the customer in the period specified in Art. 1 of this Agreement. This date is the initial to determine property sanctions in cases of violation of construction terms.

5.2. Work under this contract the contractor should start producing and complete in accordance with the agreed schedule of the work of work (Appendix No.__).

5.3. Changes in the work schedule, the terms of delivery of materials and equipment by the Customer, if they may affect the duration of construction and its value, are manufactured on the basis of an additional agreement specifying the deadlines and the construction price.

5.4. Under changes in legislative and regulatory acts worsening the situation of the parties compared with their condition at the date of the conclusion of this Agreement and leading to additional costs of time and money, Initially agreed construction dates are extended in proportion to this time. Terms and contractual price In this case, the parties are respectively referred to in the Additional Agreement.

Article 6. Payments and calculations
6.1. Advance payments are carried out by the Customer in stages of local estimates and calculation. At the same time, the estimates for materials, structures, products and equipment are paid completely according to calculations, and construction and installation works are incansed in the amount of 30% of the estimated cost of work.

6.2. The advanced advances are repaid by the contractor in proportion to the work and indexing volumes are not subject to.

6.3. Payment of construction and installation works is carried out in stages at the request of the Contractor for actually made work on accounts on the basis of acts of acceptance of work, executed by the seals and signatures of the Parties.

6.4. Payment of construction and installation work should be made no later than three banking days from the date of registration of acts of acceptance of work performed.

6.5. When dealing with the customer of payment specified in P.P. 6.1 - 6.4 of this contract for more than three days, the Contractor has the right to suspend work until it receives an overdue payment and the relevant amount of the fine according to paragraph 13.1 of this Agreement, as well as compensation for forced simple and expenses for forced demobilization and mobilization if this simple lasts more than three days.

6.6. Calculations for materials and products transmitted by the Customer Contractor are produced at the prices of their acquisition, taking into account the transportation costs and costs of the customer on the preparation and storage of these materials and products.
When transferring the contractor for materials, products and equipment, the Customer simultaneously transmits it a part of the funds provided by the estimates on the production and warehouse expenses in the amount of 30% of these funds on materials and products and 20% of the equipment, and in the case of transmission of equipment in the installation zone - 15%.

6.7. The final calculation for the work performed on the object is made by the customer no later than three days after the complete completion of its construction, including the elimination of identified defects, on the basis of an act of acceptance of the object into operation, decorated in the prescribed manner. The calculation is made at the contractual installed on the object in Art. 2 of this Agreement and updated in additional agreements, with a testament for all the payments previously produced on it.

Article 7. Manufacture of work
7.1. To perform work on the markup of the construction site and binding the facility, the Customer for a three-day period from the moment of the transfer of the contractor on the construction site reports to it the initial points, coordinates, the level and creates a geodesic center for construction, the composition and volume of which must comply with the requirements of regulatory documents on construction.

7.2. The contractor is responsible for the correct and appropriate markup of the object relative to the primary points, lines and levels, the correct imposition of sizes and allegations. Missile errors in the production of these works contractor corrects at its own expense.
Upon completion of construction, the Contractor transmits the Customer of the location and coordinate catalogs and heights of the geodesic signs installed in geodetic drives during the construction period and stored before it.

7.3. Temporary connections of communications for the period of work on the construction site and newly constructed communications at the point of connection is carried out by the Contractor.

7.4. The contractor produces an individual test of equipment mounted to them and takes part in its complex testing.

7.5. Equipment transferred by the customer Contractor on the installation is on the installation, is on the responsible storage of the contractor before signing the act of the Working Commission on acceptance of it for integrated testing. The contractor is obliged to ensure the safety of this equipment. In the case of its loss or damage due to the fault of the contractor, he restores it at his own expense.
The pre-adjusting audit of the equipment is carried out directly by the customer or by the specialized organization attracted by him. If the equipment is in warehouses in excess of the regulatory period of storage due to the fault of the contractor, then subject to the customer of standards and technical storage conditions, a premaceant audit and elimination of defects of this equipment caused by its long-term storage are carried out by the customer at the expense of the contractor.

7.6. In the case of the installation of equipment necrosplerance with an acceptance of it for installation or detecting defects in the equipment during installation or testing, the contractor is obliged to inform the customer and participate in the compilation of the appropriate act. Drawing up an act and presentation of claims to the plant - the manufacturer or equipment supplier are the responsibility of the customer.

The customer is obliged to recycle equipment within a 10-day period from the date of drawing up the act, unless the term is established in the process of construction by the Agreement of the Parties.

The customer is obliged on time, coordinated with the Contractor, eliminate the identified equipment defects or replace the equipment. By agreement of the parties, these works for a fee can be carried out by the Contractor.

7.7. The contractor in writing two days before the start of acceptance notifies the customer about the readiness of individual responsible structures and hidden work. Their readiness is confirmed by double-sided acts of intermediate acceptance of responsible structures and acts of inspections of hidden work. The contractor embarks on the execution of subsequent work only after the written permission of the customer introduced into the work log. If the closure of the work is performed without confirming the customer, or it was not informed about this, or is informed with late, then according to his requirement, the Contractor is obliged at his own expense to open any part of the hidden work according to the order of the customer, and then restore it.

7.8. If the customer will be discovered poorly performed work, the contractor on its own and without increasing the cost of construction is obliged into a coherent period to redo these works to ensure their proper quality. If the contractor fails to fulfill, the Customer has the right to rectify poorly performed works to attract another organization with the payment of expenses at the expense of the contractor.

7.9. The contractor leads the work of the work of work, which reflects the entire course of the work of work, as well as all the facts and circumstances related to the production of work that are important in the customer relationships and contractor. The customer checks and his signature confirms entries in the journal. If he is not satisfied with the course and quality of work or contractor records, then he sets his opinion in the journal. The contractor undertakes to take steps to eliminate the shortcomings specified by the Customer for a three-day period.

7.10. The customer has the right to contribute any changes to the scope of work, which, in his opinion, is necessary. It can give a written order, compulsory for the contractor, indicating: increase or reduce the amount of any work included in the contract; eliminate any work; change the character or quality or view of any part of the work; Perform additional work Any character necessary to complete construction. If such changes affect the cost or deadline for completing construction, the contractor embarks on their implementation only after signing by the Parties with the relevant additional agreement to this Agreement.

7.11. The Customer may appoint a representative on construction, which, together with the contractor, is accepting on the act of work performed, technical supervision and control over their implementation and quality, and also checks the compliance of the contractors used by the contractor and equipment to the terms and project documentation.

The customer's representative has the right to unhindered access to all types of work at any time during the entire construction period. The contractor, if necessary, provides the customer's representative with a room for work.

Article 8. Protection of works
8.1. The contractor will ensure proper protection of materials, equipment, construction equipment and other property in the territory of the construction site from the start of work until the construction and acceptance of the object has completed the construction of the facility. The customer pays the actual cost of security of the object on the submission of confirmation of documents.

8.2. Responsibility for the safety of constructed buildings and structures, as well as materials, equipment and other property after accepting the object carries the customer.

Article 9. The circumstances of force majeure
9.1. The parties are exempt from liability for partial or complete non-fulfillment of obligations under this Agreement, if it was a consequence of natural phenomena, the actions of external objective factors and other circumstances of force majeure, and if these circumstances have directly affected the fulfillment of this Agreement. The deadline for the fulfillment of obligations under this Agreement is transferred proportionally time during which the circumstances of force majeure operated, as well as the consequences caused by these circumstances.

9.2. If the circumstances of force majeure or their consequences will last more than three months, then the contractor and the customer will discuss what measures should be taken to continue construction. If the parties cannot agree within two months, then each of the parties have the right to demand termination of the contract.

Article 10. Acceptance of the completed construction of the facility
10.1. The acceptance of the facility completed by the construction is carried out after the parties are fulfilled by all the obligations provided for by this Agreement, in accordance with the established procedure operating at the date of signing the contract.

10.2. The contractor transfers to the customer five days before the reception of the completed construction of the object two copies of the executive documentation in the composition determined by the customer in accordance with paragraph 4.5 of Art. 4 of this Agreement, with written confirmation of the conformity of the transmitted documentation in fact performed.

10.3. The object acceptance is made within three days after the date of receipt by the customer of the written notice of the contractor about its readiness.

10.4. Prior to the delivery of the facility, the Contractor is responsible for the risk of random destruction and damage, except for cases related to the circumstances of force majeure.

Use the customer for its needs of the part of the construction of the facility, the construction of which is generally not completed, is allowed by agreement with the contractor or after accepting this part of the object into operation in the prescribed manner.

10.5. The ownership of the object under construction in its customered part of the part and on the object adopted by the construction is carried out by the Customer. After accepting the object, the customer assumes the risk of its possible destruction or damage.

Article 11. Guarantees
11.1. The contractor guarantees: the proper quality of materials used, designs, equipment and systems, compliance with their project specification, state standards and technical conditions, the provision of their relevant certificates, technical passports and other documents certifying their quality; the quality of all work in accordance with the project documentation and current standards and specifications; timely elimination of deficiencies and defects identified during the acceptance of work and during the warranty operation of the facility; Uninterrupted operation of engineering systems and equipment at normal operation of the object.

11.2. The warranty period for the normal operation of the object and the engineering systems, equipment, materials and work included in it is limited by 12 months from the date of signing by the acts of acceptance of the finished object. If defects that prevent normal operation are detected during the warranty operation of the object, the Contractor is obliged to eliminate them at their own expense and in agreed time.

To participate in the compilation of an act of fixing defects, as well as to harmonize the procedure and timing of their elimination, the contractor is obliged to send his representative no later than 5 days from the date of receipt of the written notice of the Customer.

The warranty period in this case is extended for the period of elimination of defects. These guarantees do not apply to the cases of deliberate damage to the object by third parties.

11.3. If the contractor fails from the compilation or signing of the act of detected defects and the shortcomings to confirm them, the Customer will appoint a qualified examination, which will make a corresponding act on fixing defects and disadvantages and their nature, which does not exclude the right of the parties to contact the Arbitration Court on this issue.

Article 12. Licenses (Certificates)
12.1. The parties undertake to carry all costs associated with obtaining licenses (certificates) for materials, equipment, components needed to perform the work and operation of the facility in the volume of their supplies.

Article 13. Property Responsibility of Parties
13.1. For violation by the customer of contractual obligations, it pays the Contractor: for the delay in the transfer of the contractor of the construction site, the documentation specified in PP 4.1, 4.2, 4.5 of this Agreement, Equipment, Materials and Products - a fine of 0.1% of the contract price of the object for each day of delay; For the transfer for the installation of noncompotem equipment - a fine of 0.1% of the contract price of the object for each day of the delay of its installation for this reason; for the delay in the acceptance of the acceptance of the construction of the facility over three days from the date of receipt of the contractor's notice of the contractor on the presentation of a penalty in the amount of 0.1% of the contract price of the object for each day of delay, but not more than 10% of the contract price; For delay in settlements for the construction and installation work - a penalty of 0.5% of the cost of payable for each day of delay; For non-adventure into coordinated terms of work on direct contracts concluded by the Customer with specialized organizations, if it led to a violation of the work schedule for the work on the object - a penalty in the amount of 0.1% of the contract price of the object for each day of delay.

13.2. In case of violation by the contractor's contractual obligations, it pays the Customer: for the late ending the construction of an object by the fault of the contractor - a penalty in the amount of 0.5% of the contract price of the object for each day of delay. Upon delay in the delivery of an object over 30 days, the Contractor shall be paid in addition to the penalty in the amount of 10% of the contract price of the object; For the late liberation of the construction site from the property belonging to him - a fine of 0.1% of the contract price of the object for each day of delay; For a violation of the timing of the implementation of certain types of works or surrenders to the installation of equipment carried out by specialized organizations on direct contracts with the customer, a penalty in the amount of 10% of the cost of work performed for each day of delay. In the case of providing the contractor to the timely delivery of the object, the specified penalty is subject to refund; For the delay in the elimination of defects in the works and structures against the deadlines provided for by the act of Parties, and in the case of a contractor - one-sided act - a fine of 0.1% of the contract price of the object for each day of delay; For damage to one unit of green plantings - a fine of 10,000 rubles. When improperly eliminating defects, the contractor has the right to eliminate defects on its own and, in addition, to recover a penalty from him in the amount of 50% of the cost of eliminating defects.

13.3. In addition to sanctions for the failure to fulfill obligations under the contract, the guilty side reimburses the other side uncovered damages, including missed benefits.

13.4. Payment of fines, penalties and contest, as well as damages, does not relieve the parties from the performance of their obligations in nature.

Article 14. Termination of the contract
14.1. The customer has the right to terminate the contract in the following cases: the delay in the contractor of the start of construction more than two months for reasons that do not depend on the customer; Systematic violation by the contractor for the construction of construction and installation work, an increase in the increase in the construction deadlines for more than two months; systematic non-compliance with the contractor for the quality of work; Cancellation of licenses for construction activities, other state bodies acts within the framework of current legislation, depriving the contractor for the production of work.

14.2. The contractor has the right to terminate the contract in cases:
the financial insolvency of the customer or systematic delay of the calculations for the work performed or their delay by more than three months; conservation or stop by the customer of construction for reasons independent of the contractor for a period of three months; Reducing the cost of construction by more than 30% due to customer changes to the project documentation.

Article 15. Special conditions
15.1. To conclude this Agreement, the Contractor is obliged to submit a license for the right to carry out construction activities and the production of construction and installation work.

15.2. The contractor does not have the right to sell or transmit a building or constructed object (separate part), as well as the project documentation for its construction or its separate part of any third party without a written permission of the customer.

15.3. The damage caused to a third party as a result of the construction of an object due to the Contractor or Customer's fault is compensated by the guilty side. The damage caused to this person for unforeseen reasons is reimbursed by the parties on the parity principle.

15.4. Any agreement between the parties, entailing new circumstances not provided for by this Agreement, is considered valid if it is confirmed by the parties in writing in the form of an additional agreement.

15.5. When implementing this agreement, the parties are guided by the norms of the legislation of the Russian Federation.

15.6. All applications specified in the contract are an integral part.

15.7. The controversial issues arising in the implementation of this Agreement are permitted by an arbitration court in the prescribed manner.

Settlement accounts of the parties:
Customer ____________________ Contractor ___________________

Addresses of Parties:
Customer ______________________________________________________________________________________________________________________
Contractor __________________________________________________________________________________________________________________________

This Agreement is drawn up in two copies - one for each of the parties.

Customer _____________________ Contractor ___________________

(signature) (signature)

Appendix to Agreement
______________________________________________________________ (Name of construction object)
from ______________ numbers _____________ month __________ __________

Approximate list of documents attached to the contract for construction

The act of transmitting the customer to the contractor for construction.
Customer's schedule Contractor for project and permits.
The statement of determining the contract price for the construction of the object.
The construction schedule of construction and installation work (is compiled by the contractor).
Graph financing construction and installation work.
Customer's schedule Contractor equipment and materials.
Schedule to perform commissioning.
List of services submitted by the customer.
List of documents required for commissioning.
Additional agreements concluded by the parties during the construction.

Look at the contract template when conclusion

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.

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 digits 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 Co. construction companies Pankina Andrei Vladimirovich (Russia, Moscow region, Chekhovsky district, Village Sunshkovo)