Contract agreement for apartment renovation

Why is it important to enter into a repair contract?

The conclusion of an agreement provides security to all parties to the transaction. Let's consider the benefits of official relations for each participant in the process.

Security for the client

By hiring a team of builders to carry out repairs, a citizen enters into a contractual relationship with them. Even if the agreement was not drawn up in writing. There are several dangers for the client here:

low quality;
delaying deadlines;
unfinished work;
damage to the customer or his neighbors (for example, flooding of apartments on the lower floors, damage to electrical wiring).

A timely concluded contract for repair work will help to avoid such situations.

Security for the performer

A repair team working without a contract also risks negative consequences:

the customer will not pay for the repair or will not pay in full;
a citizen may refuse to accept a job because he has changed his mind and demands to repaint the walls or lay tiles of a different color;
the customer will not pay for the materials because he is not satisfied with the price.

Professional repair teams do not begin work until a written contract is concluded.

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Types of fraud and dishonesty in the absence of a contract

If the agreement between the customer and the repair team is only verbal, there is a danger of encountering unprofessionalism or fraud. The customer risks receiving :

low quality repairs;
prolongation of work deadlines;
violation of building codes and regulations (SNiP), which can lead to serious consequences - collapse of structures or damage to communications;
the team, having received an advance, can simply disappear without doing anything;
employees may steal valuables from the owner’s apartment or house;
building materials will be of low quality at inflated prices.

It is especially dangerous to trust teams that consist of foreign citizens without registration and work permits. It will not be possible to hold them accountable, even if it can be proven that they received payment and provided poor quality service.

Household contract for apartment renovation between individuals

Agreement No. ____

________________ « __ » ____________ 20___

___________________________________________________________________________

1. Obligations of the parties.

1.1. Carry out high-quality repair and finishing work on your own using special tools and equipment.

1.2. Carry out the work on time from “___” ____________20___ to “___”____________20__.

1.3. Promptly inform the Customer about changes in the start and (or) completion date of work.

1.4. Eliminate your own marriage at your own expense.

1.5. Provide warranty service for completed work for a period of 1 year from the date of actual completion. If during the period of warranty operation defects are discovered that do not allow normal use of the premises to continue until they are eliminated, the warranty period is extended for the period of elimination of the defects. Elimination of deficiencies is carried out by the contractor at his own expense. The presence of deficiencies and the timing of their elimination are fixed by a bilateral act.

1.6. The Contractor is obliged to promptly warn the Customer:

about the unsuitability or poor quality of the material received from the Customer;
that compliance with the Customer’s instructions threatens the suitability or durability of the work being performed;
about the presence of other circumstances beyond the control of the Contractor that threaten the suitability or durability of the work being performed.

1.7. The Contractor's responsibilities do not include the following types of work: disconnecting risers, incl. heating, enameling of plumbing fixtures, dismantling/installation of load-bearing structures and beams, removal of the Customer's property for storage, redevelopment carried out without permission from the Customer, as well as facade work.

2.1. Make payments under this agreement on time.

2.2. Provide the necessary conditions and remove obstacles for work (furniture, household items), protect property from contamination by construction materials.

2.3. Resolve issues with utility services within the agreed time frame.

2.4. Timely provide the Contractor with materials for repair and finishing work or entrust the purchase, delivery and lifting of materials to the “Contractor” to the Contractor.

2.5. Accept the completed work and (or) part of it - no later than the next day after its actual completion, sign the Work Acceptance Certificate.

3. Rights of the parties.

3.1.1. Extend the terms of work for reasons beyond the control of the Contractor, as well as for the duration of additional work.

3.1.2. If the Customer provides low-quality or inappropriate material, suspend this type of work.

3.1.3. Establish an optimal work schedule for employees.

3.1.4. Require the Customer to comply with the requirements of this agreement.

3.2.1. Instruct the “Contractor” to purchase and deliver intermediate material.

3.2.3. Receive information about the order of work.

3.2.3. Insure in an organization that has permission to do so, the risks associated with carrying out repair work.

3.2.4. Demand that the “Contractor” performer comply with the requirements of this agreement.

3.2.5 Terminate this agreement unilaterally if the “Contractor”’s delay in the completion of work due to his fault increases by more than 30 calendar days.

3.2.6. If there are good reasons, the Customer has the right to cancel the contract at any time before the completion of the work by paying the Contractor a fee for the completed part of the work and compensating him for losses caused by termination of the contract, the amount of which is determined in clause 4.2.3.

4. Responsibility of the parties.

4.1.1. The Contractor bears financial responsibility for the Customer’s damaged material within the limits of its cost.

4.1.2. In the event of damage to the Customer's communications and equipment due to the fault of the Contractor, the latter shall restore the lost at its own expense.

4.1.3. Bears financial liability to the Customer in case of delay in work due to its own fault in the amount of 0.2% per day of the total contract amount in case of a delay of more than 30 calendar days from the established deadlines.

4.1.4. The Contractor does not bear financial liability in the event of force majeure circumstances (force majeure circumstances: natural disasters, actions of third parties, changes in legislation, socio-economic and political conditions, etc. during repair work and (or) after its completion.

4.1.5. The Contractor does not provide warranty service in case of improper operation of the premises by the Customer and (or) third parties.

4.1.6. The Contractor does not provide warranty service for work performed using the technology proposed by the Customer, and also does not accept claims regarding the quality of this work.

4.2.1. The Customer is financially liable to the Contractor for late payments under this agreement and pays a penalty in the amount of 0.2% per day of the total amount of the agreement, starting from the third calendar day of delay.

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4.2.2. Bears financial liability to the Contractor for downtime of the Contractor's employees due to the fault of the Customer.

4.2.3. In the event of unilateral termination by the Customer of the contract and (or) refusal of certain types of work through no fault of the Contractor, the Customer shall pay a penalty to the Contractor in the amount of 15% of the cost of work not performed, as well as the cost of work performed to date. These payments are made by the Customer no later than the third day after termination of the contract.

5. Procedure and form of payment.

5.1. The customer makes stage-by-stage payments depending on the amount of work completed. The final payment is made by the Customer no later than the second calendar day after signing the final Work Acceptance Certificate.

5.2. The total amount of the contract leaves ________________(________________) rubles without taking into account the cost of materials.

6. Additional conditions.

6.1. Additional work performed by the “Contractor” and the performer in agreement with the Customer is paid in accordance with current tariffs. If additional work is necessary in the course of the work being carried out, but is not taken into account in the estimate due to the impossibility of knowingly determining it, they (additional work) are also subject to payment by the Customer.

6.2. The contract may be terminated by the parties early by mutual agreement of the Contractor and the Customer or in accordance with paragraphs. 3.2.6, 4.2.2 of this agreement. In case of early termination of the contract by a joint decision of the parties, the work performed is handed over to the Customer, who pays the cost of the work performed in the amount determined jointly by the parties, based on the approved estimates.

6.3. Disagreements under the agreement are resolved by the parties through negotiations, and in case of failure to reach a compromise, in accordance with the relevant legislation of the Russian Federation.

6.4. Additions/changes to the text of the agreement are possible provided they are recorded in writing in the form of appendices to the agreement.

6.5. Work acceptance certificates, estimates, protocols of disagreements, other annexes and additions to the contract are its integral part.

6.5. This agreement has been drawn up in two copies having equal legal force, one for each of the parties.

Legal basis

In accordance with Chapter 37 of the Civil Code of the Russian Federation, a contract agreement for the performance of certain works must be concluded between the customer and the contractor. In this case, the essential conditions are the timing, volume, quality and price of the work stipulated by the agreement.

Repairs for private individuals are covered by a household contract. Its conditions are regulated by Art. 730 Civil Code of the Russian Federation. According to the law, a citizen can only enter into an agreement for repair work with a legal entity or entrepreneur.

If a team works unofficially, you cannot sign an agreement with it. Even if this is done, such a document will be considered void and it will not be possible to hold the performers accountable for it.

Therefore, before hiring a team , you need to make sure that its leader is registered as an individual entrepreneur or that the builders are employees of a legal entity.

Rules for drawing up a contract for home renovation

The written agreement between the parties must include the following essential terms:

type of work performed and its volume;
place and timing of repairs;
cost and payment procedure;
quality requirements and guarantees;
conditions for the provision and payment of construction materials.

In case of violation of the terms of the agreement by either party, the other has the right to refuse to fulfill its obligations. In this case, the customer will pay for that part of the work that is completed in proper quality and on time.

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Responsible persons

The contract is concluded by the customer as an individual and the contractor as an individual entrepreneur or legal entity . On the part of the contractor, the individual entrepreneur or director of the enterprise bears responsibility under the contract. The responsible person on the part of the customer is himself.

Subject of the agreement

This point is one of the most significant. The subject of the contract includes the performance of certain works, for example:

roof replacement;
internal cosmetic repairs;
replacement of utilities;
laying parquet or “warm” flooring.

Depending on what kind of repair work the customer needs, the document indicates a specific item.

Deadlines

Another essential condition of a household contract is the timing of the work. For large volumes, you can specify a breakdown of deadlines by stages. For example, from 07/01/2020 to 07/10/2020 painting walls and floors, from 07/11/2020 to 07/15/2020 - laying tiles and replacing plumbing fixtures.

Materials

This issue is also discussed before the start of work. There are two options - the materials are provided by the customer or the builders purchase them themselves at the expense of the citizen.

Acceptance procedure

Upon completion of the work, the customer and the contractor’s representative together inspect the site and draw up a certificate of completion of work. Only on the basis of the act is the final settlement between the customer and the contractor made.

Responsibility of the parties

The contractor and the customer are obliged to comply with the terms of the contract. In the event of a violation by one of the parties, the second has the right to demand forced execution, cancellation of the contract, penalties or reimbursement of expenses and damages.

A clear estimate in the form of an annex to the contract

The agreement signed by the parties must include the price of the work . It is determined either on the basis of the current market situation or on the basis of estimates. In this case, the estimate becomes an integral part of the contract in accordance with Art. 709 of the Civil Code of the Russian Federation.

The estimate is drawn up by the contractor and checked by the customer. If the parties are satisfied with everything, it is signed and attached to the agreement. The customer may not agree with some points or the entire price, then you can negotiate to reduce it.

In some cases, the contractor inflates the cost of materials , their delivery to the site, or the work itself. Therefore, the customer needs to carefully study the document or consult with a specialist.

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Agreement for the provision of apartment renovation services: sample

A sample agreement is here.

CONTRACT AGREEMENT for renovation of apartment No. 4772

Ekaterinburg September 13, 2020

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs and the Contractor assumes obligations for the renovation of the apartment at the address: Ekaterinburg, st. Mayakovsky, 173 kv. 27, hereinafter referred to as the Object, in accordance with the design and estimate documentation attached to this agreement and the wishes of the Customer, expressed in writing.

2. COST AND TIME FOR COMPLETION OF WORK

2.1. The cost of work and materials (in accordance with Appendix No. 2) under this Agreement is: 157,000 (one hundred fifty-seven thousand) rubles.

2.2. The cost of materials is determined by actual prices in accordance with the estimate and choice of the Customer.

2.3. The deadline for completing the work is 5 (five) months from the date of commencement of work on site. Due to technological needs, deadlines can be adjusted by mutual agreement.

2.4. If during the execution of work under this Agreement it becomes clear that it is necessary to carry out work not provided for in the estimate, the parties agree in writing on new terms, costs and procedures for performing additional volumes of work, which is documented in the relevant additions to this Agreement.

2.5. If the cost of materials increases by more than 10%, and the Contractor justifies the increase in price, the Customer undertakes to pay the difference between the estimated and actual cost of materials.

2.6. Appendix No. 1 (Estimate) is an integral part of this agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1.1. The Customer undertakes, in case of proper execution, to pay the Contractor for the work according to the estimate and materials according to the list.

3.1.2. By the time work begins under this Agreement, ensure proper preparation of the Facility for the timely start of work, its normal conduct and completion on time.

3.1.3. Providing finishing materials for work in a timely manner.

3.1.4. Within no later than 5 (five) days from the date of written submission, consider notices, notifications and other documents submitted by the Contractor in connection with the fulfillment of its obligations under this Agreement.

3.1.5. Provide the Contractor with premises for storing materials and a living room for workers.

3.1.6. Provide the ability to turn off the heating and water supply risers and pressure test the system if plumbing work is carried out.

3.1.7. Possibility of turning off power supply.

3.1.8. Together with the Contractor's representative, sign an acceptance certificate for the facility for work under this Agreement.

3.2.1. Proceed with the work under this Agreement no later than 4 (four) days from the date of receipt of the Customer's advance payment.

3.2.2. Carry out with your own resources and technical means all work in the scope and time frame provided for in this Agreement.

3.2.3. Ensure that repair work is carried out in accordance with the requirements of the Building Codes and Regulations (SNiP) in force in Russia, the rules of Gosgortekhnadzor, fire safety, safety regulations, sanitary standards and rules for the execution of work in Yekaterinburg.

3.2.4. Upon completion of work, within 3 (three) days at the Site, hand over the construction site free of construction waste and equipment.

3.2.5. The Contractor has the right to engage third parties to perform work under this Agreement that requires special licenses and permits. In this case, the Contractor bears responsibility for the quality and timing of the work performed by such persons.

3.2.6. Provide the work carried out at the site in accordance with the terms of this Agreement with all necessary materials (according to Appendix No. 2), parts and structures, as well as equipment and construction equipment.

4. PROCEDURE FOR DELIVERY, ACCEPTANCE AND PAYMENT OF WORK

4.1. To finance the work, the Customer, no later than three working days from the date of signing this Agreement, pays the Contractor an advance payment in the amount of 30% of the cost of dismantling work and materials (according to Appendix No. 2) taking into account transportation costs. The advance payment is included in the total cost of the work.

4.2. Payment for the completed stage of work is made after signing the certificate of completion of work in Form No. 2 by both parties no later than 7 (seven) days after signing the certificate. In this case, the Customer retains 30% of the cost of the work performed until the completion of the work. Retained amounts are paid upon final payment for work performed.

4.3. The final payment is made after both parties sign the work acceptance certificate, no later than 5 (five) days after signing the act.

4.3. If the Customer has justified claims regarding the quality of the work presented, the Contractor is obliged to eliminate shortcomings and defects at his own expense, unless these shortcomings and defects are a consequence of the use of low-quality materials provided by the Customer. The presence of shortcomings and defects, as well as the timing and procedure for their elimination, is determined by a bilateral agreement between the Customer and the Contractor.

5. WARRANTY OBLIGATIONS OF THE CONTRACTOR

5.1. The quality guarantees of the Contractor's work provided for by the legislation of the Russian Federation in force at the time of conclusion of this Agreement apply only to the results of work performed by the Contractor and third parties engaged by it in accordance with the terms of this Agreement.

5.2. The Contractor guarantees: High quality of all work performed by him at the Site.

5.3. The warranty period for the results of work performed by the Contractor in accordance with the terms of this Agreement is established for 2 (two) years from the date of signing the Acceptance Certificate for the work performed by the Contractor.

5.4. If, within the warranty period provided for in clause 5.3, deficiencies (defects) are detected that are caused by the Contractor’s improper fulfillment of its obligations under this Agreement, the Contractor is obliged to eliminate such deficiencies at its own expense within the time period agreed with the Customer in writing.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the parties bear financial responsibility in accordance with the legislation of the Russian Federation in force at the time of conclusion of this Agreement.

6.2. The Contractor bears full responsibility for damage caused to third parties in connection with the performance of work under this Agreement, if such damage is a consequence of improper fulfillment of its obligations.

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6.3. In case of violation of the work deadlines, the Contractor shall pay penalties in the amount of 8% of the cost of unfinished work, but not more than 50% of the estimated cost of the Contract. In case of violation of payment terms for work, the Customer shall pay penalties in the amount of 30% of the cost of unpaid work, but not more than 50% of the estimated cost of the Contract.

7. FORCE MAJEURE CIRCUMSTANCES

7.1. Neither party is liable to the other party for failure to fulfill obligations due to force majeure circumstances that arose against the will and desire of the parties and which cannot be foreseen or avoided, including military operations in the territory of the Agreement, civil unrest, epidemics, natural disasters and others.

7.2. The occurrence of circumstances under clause 7.1 must be properly certified by the competent state or local government authorities.

7.3. A party that fails to fulfill its obligations due to force majeure must notify the other party in writing of the occurrence of such circumstances within 5 (five) days from the date of the occurrence of force majeure. In the absence of such notice, this party cannot refer to the existence of such circumstances.

7.4. If force majeure circumstances persist for 5 (five) days in a row, this Agreement may be terminated by the parties by written notice to the other party, and the parties are obliged to make mutual settlements excluding claims against each other.

8. RESOLUTION OF DISPUTES AND CONTRACTIONS

8.1. All disputes and disagreements that may arise during the execution by the parties of this Agreement are resolved by the parties through negotiations, and if it is impossible to reach an agreement, in the Arbitration Court of Yekaterinburg.

8.2. By mutual agreement of the parties, to resolve disputes and disagreements that have arisen, representatives of competent organizations may be involved as third parties, whose explanations on controversial issues can be considered exhaustive by the parties. The costs of engaging such persons to resolve controversial issues are borne by the party whose arguments are found to be incorrect.

9. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

9.1. Early termination of this Agreement may take place by mutual written agreement of the parties under the conditions provided for by the current legislation of the Russian Federation.

9.2. The Contractor has the right to terminate the Agreement unilaterally if the Customer stops the work under this Agreement for reasons beyond the Contractor’s control for a period of more than one week.

9.3. The party that decides to terminate the Agreement on the grounds provided for in clauses 9.1-9.4 is obliged to send the other party a corresponding written notice.

9.4. In case of termination of the Agreement on the grounds provided for in clauses. 9.3. and 9.4., each party must compensate the other party for all actual costs incurred in connection with the fulfillment of obligations under this Agreement, including the return of funds.

10. OTHER CONDITIONS

10.1. After signing this Agreement, all previous written and oral agreements, correspondence, negotiations between the parties relating to this Agreement become invalid.

EXECUTOR	CUSTOMER
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