Civil Code of the Russian Federation contract agreement. What rules on contract agreements does the Civil Code of the Russian Federation contain?

In the history of domestic private law, the work contract has gone through an impressive path of development - from relations of personal hiring and confusion with purchase and sale, to separation in absolutely independent species. Initially, Russian legislation did not see much difference between the listed types. The modern form of the contract has been formed relatively recently.

How the concept was formed

We invite you to take a short excursion into civil law and find out what was meant by a contract at different stages of the formation of domestic law.

Code adopted in 1832 civil laws Russian Empire, already contained such a concept as a supply or contract agreement. According to its meaning, one of the parties assumed the obligation to carry out the undertaking with their dependents, or to deliver any certain things, and the other - to carry out for this cash payment. Here there is a clear confusion between the true form of a contract of sale and purchase. Their separation occurred much later.

The draft Civil Code of the Empire of 1905 established that the contractor under a work contract was required to perform some specific work for the contractor for a fee.

Formulation from the normative act Tsarist Russia migrated almost unchanged to the Civil Code of the RSFSR, adopted in 1922. According to Article 220, under a contract, one party (it was called the contractor) at its own risk undertook to perform specific work on the instructions of the second party (customer), and the latter had to pay remuneration for this. The wording almost 100% reflects the modern text.

A work contract (Civil Code of the Russian Federation, Article 702) is actually the result of the evolution of a personal employment contract. Currently, it is one of the most popular, second only to purchase and sale. The scope of its application is very wide, it can mediate a wide variety of relationships and provides a variety of needs: from shoe repair to the construction of nuclear power plants.

The concept of a contract

Turning to the text of the norm, we see that modern civil legislation determines that under a contract, the first party, called the contractor, is obliged, on the instructions of the second party, called the customer, to perform some work and hand over its result to him. The customer undertakes to accept it and pay on time.

This type of contract is compensated, bilateral and consensual. It has varieties specified by the legislator. So, the contract can be construction, household, for carrying out survey and design work, works for state needs. The general provisions on this type of contract, reflected in paragraph one of Chapter 37 of the Civil Code of the Russian Federation, apply to them only if otherwise is not established specifically for them by the rules of the code.

The parties to the contract are the contractor and the customer. The Civil Code of the Russian Federation does not contain any restrictions on participation in these relations for individual subjects. General rules apply for the contractor and the customer.

Among all the treaties settled civil law RF, in a row stands out in the subject. His role is to perform certain work and transfer the resulting result to the customer. It is on this basis that contract agreements are distinguished from purchase and sale and the provision of paid services. In this regard, in legal literature Traditionally, one can find a discussion of the issue of separating the concepts of “service” and “work”.

What are services and what are works?

The question of distinguishing services from work may seem idle only at first glance. However, in fact, it has a purely practical orientation. You can understand the importance of distinguishing one concept from another using a simple example. Try recharacterizing the service agreement educational services in a row. The result is that any student who does not receive educational institution honors diploma, can claim that the “work” was performed improperly, and the final “product” does not have the same quality characteristics, as the contractor could have done with due diligence.

We observe a similar situation in relation to all other types of services: medical (all patients must become healthy), lawyer or legal (all criminals are acquitted), etc. All this emphasizes a special feature of a contract - it implies the execution of work with the final result .

From a scientific and legislative point of view, the separation of one from the other is carried out based, first of all, on each specific situation. The relations of the parties under a specific agreement are analyzed.

General contracting

General rules establish that if the contract deals with any simple technical work small volume, they are carried out by the contractor alone. However, in practice, quite often you can encounter a situation where a complex set of works takes place, especially typical for the construction industry. In this case, a principle called general contracting is applied.

In accordance with Art. 706 of the Civil Code, unless it follows from the text of the contract or from the law that the contractor must fulfill all envisaged work personally, he may well involve third parties in fulfilling his obligations. For example, one company can deal with electrification, the second - with internal or external finishing works, the third - heating, etc. In this case, the contractor himself will act as a general contractor, and the rest of the involved persons will act as a subcontractor.

If the terms of the contract or legislation do not provide for this possibility, then the involvement of third parties becomes impossible. Violation of these requirements will result in liability.

The meaning of a general contract is that the general contractor is responsible to the customer for all of its subcontractors, as well as for their failure (in general or properly) to fulfill their obligations. Note that an inverse relationship is also observed. For improper or complete failure by the customer to fulfill its obligations, the general contractor is liable to the involved subcontractors (third parties).

Contract and agreement for paid transfer of property: differences

It should be recognized that a work contract (Civil Code of the Russian Federation, Article 702), in contrast to paid agreements on the transfer of ownership of property, regulates the process of activity for the production of something. So, on the one hand, according to Article 703 of the Civil Code, it is for processing (processing) or manufacturing a thing, or performing other work. Conclusion: the customer is interested in purchasing a new item or improving the consumer qualities of an existing one.

On the other hand, the processing (processing) or production of a thing, or the performance of work must be accompanied by the transfer of its result to the customer. If a contract is concluded for the manufacture of a thing, then the contractor also transfers to the customer, in addition to the thing itself, the right of ownership of it. In other situations, it may be the result of the work done; it is not expressed in any specific object, but, nevertheless, is material. Thus, the result transferred to the customer does not always represent a movable or immovable thing.

Contract and agreement for the provision of paid services

There is one main feature of a work contract that distinguishes it from paid provision services. Although for some types of the latter, depending on the situation, legal norms relating to the performance of work may be applied in a subsidiary manner. The main difference between a contract is the result. It must have a materialized form. Under service contracts, the result does not have any material content and is inseparable from the identity of the performer. For example, a musician’s performance, cargo transportation, activities of a trusted person, etc.

Contract and employment contract

The contract is very variable in its manifestations, which is why its similarity with other types of contracts is observed. Sometimes this leads to confusion. If we analyze more deeply the content of an employment contract and a contract, their significant differences will become noticeable.

The contractor performs the contract at his own risk and at his own expense (i.e., on his own, from his own materials, funds), unless otherwise provided by the terms of the contract. By concluding an employment contract, an employee becomes part of the company’s staff and is subject to the internal rules established there, as well as the instructions of the employer. This is the main feature of a contract, distinguishing it from labor relations.

However, it is not as clear-cut as it might seem. For example, homeworkers are engaged in fulfilling a specific order and at the same time work according to their own schedule. A similar situation can be observed for individual entrepreneurs.

Currently, the criterion for differentiation is, firstly, the employee’s performance of a predetermined labor function, i.e., activity regulated by the legislator, and, secondly, the extension to him of a system of benefits relating to working conditions, its volume and payment, as well as social benefits. insurance.

Contract agreement with an individual

Services and work provided and performed by an individual are often paid attention to tax authorities, as well as the prosecutor's office and Labour Inspectorate. If the contract is not drawn up correctly, it may be recognized as a labor contract. For the employer, this will result in a fine and compensation to the employee for all payments due to him. In order not to get into trouble, we recommend that you pay attention to the comparison table below.

Subject of the contract

If you refer to the text of the contract, a sample of which can be seen below, you will certainly notice that its only essential condition is the subject. As follows from the norms of the Civil Code of the Russian Federation, both the work itself and its materialized result can play its role. If a work contract does not contain information about the subject or an agreement on it is not reached by the parties, then it is considered not concluded.

The most important characteristic of work and its materialized result is quality. The requirements for it are established by Art. 721. The quality of work performed by the contractor must first meet the conditions reflected in the contract. In practice, it often happens that they are not indicated in it or are not listed in in full. In this case, there must be compliance with the requirements usually applied to work of the corresponding type. By own initiative the party to the contract doing the work may assume the obligation to perform them at a higher quality than the requirements established by the agreement.

It is also important to remember such a characteristic as quality guarantee. The law or other legal act may provide for a period during which the result of the work must comply with the terms of the contract. It's called a warranty. It can be legal and contractual. In the first case, the warranty period for a specific type of work is established by business custom, laws or other regulations, in the second - the parties negotiate it among themselves.

Contract price and payment

The next important element of the content of the contract is its price, or in other words, the estimate. It can have a fixed expression or an approximate one. During the implementation of the latter, it is allowed to make some deviations (excesses). The estimate can be drawn up by any of the parties, but, as a rule, this is done by a contractor who is a professional in his field.

The rules for determining the contract price are established in Art. 709 Civil Code. It must be specified specifically, or the methods for determining it must be specified. The price consists of two components: the contractor’s remuneration and compensation for his costs (for materials, etc.). The parties can also independently (the legislator does not limit them) agree on payment under the work contract and provide for advance payment or payment in equal amounts in several stages, or after signing a document on acceptance of work.

Duration of the contract

Another significant condition of the contract is its term. Certain rules apply to it. According to the requirements of Article 708 of the Civil Code, the contract must specify the period when the work will begin and its completion. By agreement of the parties, intermediate dates for the completion of individual stages may also be indicated. This is especially common in construction.

The parties to the contract (customer and contractor) can agree to change them. The reasons for this can be very diverse, including, for example, weather conditions. It is important to remember that changing the deadlines is possible only in those cases and in the order in which it was provided for by the parties to the agreement.

For violation this condition agreements, the responsibility is usually borne by the contractor. Other rules may be established by law or contract.

The lack of information about the timing of work can be filled. To do this, you should use 214 norm of the Civil Code. In accordance with it, obligations for which a deadline is not provided or it is not possible to establish one must be fulfilled within a reasonable time after their occurrence.

Contract agreement: fulfillment of obligations

Article 702 of the Civil Code establishes as the main obligation of the contractor the performance of certain work on behalf of the customer and the subsequent delivery of its result. In this case, the first one does it, which is called at his own risk. It refers to the burden of possible accidental losses property nature. In this regard, the legislator specifically discussed the issue of distributing existing risks between the parties. They are generalized and suitable for various areas.

The risk of accidental damage or loss of property necessary to perform work under the contract includes:

to the thing transferred for processing (processing);
to the equipment and materials with which the work is performed;
to other property used in the process of execution of the contract.

According to the Civil Code, this risk is borne by the party that provided the property. Most often this is a contractor. The same is true in case of risk of damage or accidental loss of the contracted item. Until the customer accepts the result of the work, it is borne by the contractor.

At the same time, the norm is dispositive, therefore, the rules apply in cases where other laws, civil code norms or an agreement do not provide otherwise.

In accordance with the current general rules, the work is performed at the expense (i.e., at the expense) of the contractor, and he is responsible for the quality of the materials and equipment provided by him, including in cases where they are burdened with the rights of other persons. If they belong to the customer, then he is obliged to spend them economically and according to calculations, with the provision of a further report. The contractor is responsible for the safety of equipment, materials, items and other property provided under the contract (sample wording can be found in legal reference systems). For all questions related to their unsuitability, poor quality, etc., he must immediately contact the customer.

The main responsibility of the customer is acceptance of the result of the work performed and subsequent payment. At the same time, he can check the progress of its execution and exert any influence in accordance with existing task, but not to interfere with the contractor’s activities.

The essence of a contract is that it is bilateral, and both parties bear responsibility for failure to fulfill accepted obligations. The contractor has the right to suspend work or not begin it if the customer’s evasion of obligations (failure to provide material, equipment, lack of payment) prevents this. Moreover, he has the right, in cases specified by law, to demand compensation for losses he has incurred.

The Civil Code of the Russian Federation traditionally grants the customer the right to refuse to fulfill the contract in unilaterally. He can do this at any time before the results of the work are handed over to him, while paying the contractor an amount proportional to the part of the work completed (before receiving the notice).

New edition of Art. 702 Civil Code of the Russian Federation

1. Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the customer undertakes to accept the result of the work and pay for it.

2. For certain types of contract (household contract, construction contract, contract for design and survey work, contract work for state needs), the provisions provided for in this paragraph apply, unless otherwise established by the rules of this Code on these types of contracts.

Commentary to Art. 702 Civil Code of the Russian Federation

1. Meaning. The contract is intended to regulate relations related to the performance of work. The purpose of the contract is both to create a new thing and put it into circulation, and to perform other work that has material result.

2. Characteristics. The contract is:

Consensual,

Paid,

Bilaterally binding.

3. The subject of the contract is the work and its result (the specification of the subject is contained in Article 703 of the Civil Code of the Russian Federation). Among the objects of civil rights, the legislator identifies both things and works (see Article 128 of the Civil Code of the Russian Federation). In the subject of a contract, work as a process and a thing as a result of work are inextricably linked legally: the work itself or the thing, to which the work of the person transferring it is not attached, forms the subject of other contracts.

4. The difference between a work contract and other contracts.

4.1. The fundamental issue is the distinction between a work contract and a sales contract:

a) the subject of the purchase and sale agreement is a thing. Even if the subject of sale is an item manufactured by the seller for the purpose of subsequent sale, the seller first makes the item for himself. In contrast, under a contract, a thing is deliberately manufactured for a specific customer on the latter’s instructions. Consequently, the process of creating a thing is not regulated by a sales contract, but is regulated by a contract;

b) under a sales contract, the seller is always the owner of the thing (at the time of its transfer). In contrast, under a work contract, the contractor can process or process an item of which the customer is initially considered the owner (for more details, see the commentary to Article 703 of the Civil Code of the Russian Federation);

c) the subject of a purchase and sale agreement may also include things defined by generic characteristics. In contrast, under a work contract, the result of work is always an individually defined thing;

d) under a sales contract, even if the item is manufactured by the seller for the purpose of subsequent sale, the seller uses only his own materials. In contrast, under a contract, the manufacture of a thing can be carried out by the contractor either from its own materials or from the customer’s materials (see paragraph 1 of Article 704 of the Civil Code of the Russian Federation).

4.2. Distinction from the barter agreement.

Arbitrage practice.

The use by the defendant of lumber received from the plaintiff for the manufacture of door blocks cannot in itself be considered as the existence of a contract between the parties (processing of customer-supplied raw materials). The type of agreement is determined by the content of the main obligations of the parties to the transaction. The work contract specifies the start and end dates for the work, the price including compensation for the contractor's costs and the remuneration due to him, the terms and procedure for accepting the work performed and other conditions that are decisive for such a contract. Disputed agreement of none of listed conditions does not contain, the transfer of lumber according to its terms was carried out with the purpose of exchanging them for door blocks (appendix to newsletter Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2002 N 69).

4.3. The differences between a work contract and a contract for the provision of paid services (Chapter 39 of the Civil Code of the Russian Federation) are based on the subject of these contracts. Services as a separate object of civil rights (Article 128 of the Civil Code of the Russian Federation) are activities that do not have a tangible result. Thus, the subject of the contract for the provision of services for a fee is precisely the activities of the person providing the services. Under a contract, the contractor's activities in carrying out the work are not paid; the ultimate goal of the contract is the result of the work - the thing. According to M.I. Braginsky, the feature in question allows us to consider, with a certain degree of convention, that the subject of a contract is “to do”, and the subject of a contract for paid services is “to do”.

4.4. Unlike an employment contract, under a contract agreement, it is not the employee’s work itself that is paid, but its final material result. A significant difference is also that according to the employment contract, the employee is subject to the internal labor regulations and is obliged to follow the instructions of the employer. The contractor is general rule independently determines the methods of fulfilling the customer’s assignment (clause 3 of Article 703 of the Civil Code of the Russian Federation). Such a feature of a contract as the performance of work by the contractor (Article 704 of the Civil Code of the Russian Federation) also serves as a criterion for distinguishing a contract from an employment contract.

5. Terms of the contract. The only essential terms of the contract are the terms on the subject (Article 702 of the Civil Code of the Russian Federation) and the term (Article 708 of the Civil Code of the Russian Federation). Important terms There are conditions on price (Article 709 of the Civil Code of the Russian Federation) and on the quality of work (Article 721 of the Civil Code of the Russian Federation), however, in the absence of these conditions, the contract is still considered concluded, since these conditions are among the determinable ones.

6. Parties and form of the agreement. The general provisions on the work contract do not provide for special requirements for the subject composition and form of the contract - they apply general provisions on the legal capacity of persons and the form of transactions.

7. Types of contract. Features of the subject composition or subject of the agreement led to the allocation individual species contract agreements listed in paragraph 2 of the commented article. Legal regulation of certain types of contracts is carried out as special rules, concentrated in the Civil Code (§ 2 - 5 of this chapter), and other laws. General provisions on contracting (§ 1 of this chapter of the Civil Code of the Russian Federation) apply to relations regulated by rules on certain types of contracting agreements only subsidiarily.

Another comment on Art. 702 of the Civil Code of the Russian Federation

1. Following the tradition of domestic civil law, laid down in the pre-revolutionary draft of the Civil Code, and then continued in the Civil Code of the RSFSR in 1922 and 1964, a contract is defined as an agreement on the performance by a contractor of certain work for the other party for a fee. In development of this norm, the legislator included in the legal definition of the contract an indication of the result that the contractor must achieve, and the customer must accept accordingly. Although Art. 350 of the Civil Code of the RSFSR of 1964 also mentioned the acceptance of the work performed, stylistically clause 1 of Art. 702 of the Civil Code is more accurate, since it is not the work itself that can be accepted, but its result. In addition, the wording of paragraph 1 of Art. 702 of the Civil Code more accurately reflects the meaning of a contract: its goal is not to perform the work as such, but to obtain a result that can be transferred to the customer.

2. The inclusion in the legal definition of a contract of such a feature as the receipt by the contractor of a certain transferable (i.e., materialized, separated from the work itself) result allows us to distinguish it from a service contract. The latter also involves the performance of certain actions (activities) on the instructions of the customer for a fee, however, the legislative definition of a contract for paid services (Article 779 of the Civil Code of the Russian Federation) does not mention the result transferred to the customer. This doesn't mean that this agreement does not imply the achievement of any result (then it would not make sense), but the achieved result is intangible, inseparable from the service provider. The subject of a service agreement is the service itself (certain actions or activities), while the subject of a contract is the tangible result of the contractor’s work.

The practical significance of distinguishing between work and service contracts lies in the different legal regulation certain aspects of these legal relations. For example, the contractor bears the risk of accidental non-fulfillment of the contract (clause 1 of Article 705 of the Civil Code of the Russian Federation), while the service provider does not bear such a risk. A service agreement is of a personal nature, which, as a general rule, does not allow the service provider to entrust the fulfillment of an obligation to a third party (Article 780 of the Civil Code of the Russian Federation). The contractor, on the contrary, has the right to involve other persons in the execution of the contract if his obligation to perform the work personally does not follow from the law or the contract (clause 1 of Article 706 of the Civil Code of the Russian Federation). The difference is also seen in the consequences unilateral refusal from the execution of a contract (Article 717 of the Civil Code of the Russian Federation) and services (Article 782 of the Civil Code of the Russian Federation).

3. Chapter 37 of the Civil Code refers to one of the six chapters of the Civil Code governing contractual obligations, the structure of which contains general provisions (§ 1) and a number of paragraphs, each of which is devoted to individual types of a particular contract. This chapter regulates household contracting (§ 2), construction contracting (§ 3), contracting for design and survey work (§ 4), contracting work for state needs (§ 5).

Named in ch. 37 contracts do not exhaust all types of contracts. These include contracts concluded in connection with the implementation investment projects, as well as projects in the field of mining. Some authors see the contractual nature of a number of relations between stock market participants, issuers valuable papers and organizations involved in collecting free Money by selling securities, which is highly doubtful.

4. Paragraph 2 of the commented article contains a rule according to which the norms of § 1 apply to certain types of contracts subsidiarily, i.e. when not otherwise provided special rules, established in § 2 - 5.

At the same time, it should be borne in mind that certain types of work contracts, in addition to the Civil Code, may be regulated by other legal acts. The possibility of their use is directly indicated in paragraph 3 of Art. 730 and Art. 768 Civil Code. These norms provide for the regulation of relevant relations by these acts to the extent not regulated by the Civil Code. It means that special acts may complement the regulation of contractual relations, reflecting their specifics, but not contradict the Civil Code.

The work contract falls into the category of obligations to perform work and is governed by the norms of Chapter. 37 Civil Code of the Russian Federation. This group of obligatory legal relations also includes the implementation of research, development and technological work (Chapter 38 of the Civil Code of the Russian Federation).

The chapter on contracts, in addition to general provisions, contains paragraphs devoted to individual types of contracts:

household contracting;
contract work for government needs.

By contract one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the customer undertakes to accept the result of the work and pay for it (clause 1 of Article 702 of the Civil Code of the Russian Federation).

As in sales and purchase agreements, general provisions on contracting are applied to certain types of contracting relations subsidiarily, that is, in cases where otherwise is not established by a special legal norm (clause 2 of Article 702).

The contract can be characterized as consensual, bilateral, compensated.

The contract in question has certain similarities with other types civil contracts and an employment contract, which is why in practice certain difficulties arise with determining legal norms, which must be used to guide the resolution of a particular case. Therefore, it is necessary to distinguish a contract from related legal relations. The main criterion by which different types of contracts are distinguished is their subject, which in a work contract is the work and its result.

Differences between a work contract and related contractual institutions

Work agreement And contract of sale have some similarities, since in both cases the agreement will transfer a certain material object(thing). Moreover, the similarity may also increase due to the fact that the law allows the purchase and sale of goods that the seller does not currently have, but will be manufactured by him in the future.

The differences between these contracts are as follows: firstly, the subject of the contract can be not only a thing, but also energy, property rights, property complexes; the subject of the contract is the creation of a thing or improvement of a thing (repair, processing, etc.);

secondly, the purchase and sale agreement only mediates the transfer of the thing into the ownership of the buyer, the process of the appearance of the thing from the seller is outside the scope of contractual regulation (the seller can make the thing himself, or can purchase it from other persons), while the contract regulates the relationship between the parties in the manufacturing process goods (for example, the contract can stipulate what instructions the customer can give during the work, what assistance he must provide to the contractor);

thirdly, as a rule, the subject of a purchase and sale agreement is things defined by generic characteristics, and a contract is the result of work performed according to a specific order of the customer and therefore is an individually defined thing.

Contract agreement and paid service agreement have similarities due to the fact that in both cases one party (contractor, executor) performs certain actions on the instructions and for the other party (customer). This similarity is also emphasized by the fact that the rules on work contracts have a subsidiary application in regulating relations regarding the provision of services for a fee (see Article 783 of the Civil Code of the Russian Federation). However, in a contract for the provision of services for a fee, the activity of the contractor either has no material result at all, or the material result is of secondary importance for meeting the needs of the customer and acts as a by-product of the provision of the service. Obligations for the provision of services and their relationship with the contract are discussed in more detail in Chapter. 32 textbooks.

Similarities contract agreements, in which the contractor is a citizen, employment contract lies in the fact that the performance of the same work can be clothed both in the form of a work contract and in the form of an employment contract, however, the resulting legal consequences will be fundamentally different.

An employee under an employment contract performs a certain labor function, is included in the work collective, subject to internal labor regulations. If the employee’s activities are not successful, his work is still subject to payment (with the exception of the piecework form of remuneration). The employee is subject to a number of social benefits(employer's liability for damage caused to the employee and his property during the performance of his labor function, accrual wages during illness, vacation, rationed work time, limited material liability and etc.).

When performing work under a contract, the contractor bears the risk of failure to achieve the result and cannot demand payment if the result is not achieved. In addition, a contract is characterized by the production of an order using the contractor’s funds. An item manufactured by a contractor until it is transferred to the customer belongs to the contractor by right of ownership. A different situation occurs when employment contract, where the thing created by the employee belongs to the employer.

Elements of a contract

Parties to the contract

Parties contract agreements can be held by both citizens and legal entities. For certain types of work contracts, the parties are required to Additional requirements. Thus, in a household contract, the customer can only be a citizen; in a contract construction contract on the contractor's side - a person licensed to engage in this type of activity.

A special feature of the contract is the so-called principle of general contracting. The contractor has the right, unless otherwise provided by law or the contract, to involve third parties in the execution of the contract, while remaining responsible to the customer for achieving the result. In this case, the contractor acts as a general contractor, and those hired by him to perform individual works persons are called subcontractors (Article 706 of the Civil Code of the Russian Federation).

As a general rule, a contract agreement is bilateral. Because of this, both the customer and the contractor in relation to each other have at the same time both certain rights and obligations. That's why general principle The debtor's liability for the actions of a third party will equally apply to cases of liability of the general contractor to the customer for the actions of the subcontractor and to the subcontractor for violation of obligations on the part of the customer. There is, as it were, a “double” responsibility of the general contractor, which he then has the right to shift to the customer and subcontractor, if a violation contractual obligations took place through their fault (paragraph 1, paragraph 3, article 706).

At the same time, with the consent of the general contractor, the customer can enter into contracts for the performance of certain works with other persons (direct contracts). In the case of concluding direct contracts, the contractor does not take part in them and the principle of general contracting does not apply, therefore, persons who entered into direct contracts with the customer are responsible for non-fulfillment or improper execution work directly in front of him, and the customer, in turn, is responsible for non-fulfillment or improper fulfillment of the contract to these persons.

Several persons may act on the contractor's side. In accordance with Art. 707 of the Civil Code of the Russian Federation, such persons, if the subject of the obligation is indivisible, are recognized in relation to the customer as joint debtors and at the same time joint creditors. If the subject of the obligation is divisible, as well as in other cases, provided by law or by agreement, each of these persons acquires rights and bears obligations in relation to the customer within the limits of its share.

Subject of the contract

Subject the work itself and its tangible result are the elements of a work contract. In paragraph I of Art. 703 of the Civil Code of the Russian Federation contains an approximate list of work performed under a contract: manufacturing a new thing (for example, building a house, drilling a well, etc.), processing (manufacturing jewelry from scrap precious metals) or processing an item (dry cleaning clothes, painting a car) or performing other work with the transfer of its result to the customer. The result of the work must be tangible and individually defined.

As a rule, as a result of the work, either a new thing will be created or an existing thing will be increased (repair, cleaning, etc.).

As mentioned above, the material nature of the result of the work makes it possible to establish guarantees for it quality(Article 721 of the Civil Code of the Russian Federation). The quality of the work performed by the contractor, i.e. the result achieved by him, must correspond to the terms of the contract, and in the absence or incompleteness of those, to the requirements usually imposed on work of the corresponding type. In addition, within a reasonable period, the result of the work must be suitable for the use established by the contract, and if it is not established, then for the usual use of the result of work of this kind.

A contractor acting as an entrepreneur is subject to additional duty- perform work in compliance mandatory requirements to its quality, established by law or other regulations(GOSTs, TU, TT, SNiPs, etc.).

According to paragraph 1 of Art. 722 of the Civil Code of the Russian Federation, a law, another legal act, a contract or business custom may stipulate a period for the result of work performed by a contractor during which it must comply with the terms of the quality contract (guarantee period).

As with most other contracts, the price is not essential condition contract agreements. If there is no price condition in the contract, the rules of clause 3 of Art. 424 Civil Code of the Russian Federation.

The price in the contract includes compensation for costs incurred by the contractor when performing the work, and the remuneration due to him for the work performed (clause 2 of Article 709 of the Civil Code of the Russian Federation).

Estimate

A special feature of the work contract is the possibility of establishing the contract price in the form of an estimate, drawn up as one of the sections of the work contract or, as a rule, as an annex to it.

Estimate- This is a calculation of the costs necessary to complete the work. The estimate, as a rule, includes several sections (items): costs for the purchase of equipment and materials necessary to complete the work, costs for paying for the services of third-party organizations, costs for paying wages, business trips, contractor remuneration, etc.

The estimate may be approximate And hard. The estimate is approximate, from the provisions of which deviations (excess) are possible during the execution of work. The estimate is considered firm, from the provisions of which deviations (exceedings) are not allowed. If there is no reverse clause in the contract, the estimate is considered firm.

If it is necessary to significantly exceed the approximate estimate, the contractor is obliged to immediately notify the customer. The customer who does not agree to exceed the estimate has the right to refuse the contract by paying the contractor a price proportional to the part of the work performed.

The only case when a party can unilaterally demand a change in the firm estimate is a significant increase in the cost of materials and equipment provided by the contractor, as well as services provided to him by third parties that could not be foreseen at the conclusion of the contract. In this case, the contractor has the right to demand an increase in the established price, and if the customer refuses to fulfill this requirement, termination of the contract in accordance with Art. 451 of the Civil Code of the Russian Federation.

In the event that the contractor's actual expenses turned out to be less than those taken into account when determining the price of the work (estimate), the contractor retains the right to payment at the price stipulated by the contract, unless the customer proves that the savings received by the contractor affected the quality of the work performed (clause 1 Article 710 of the Civil Code of the Russian Federation). This rule is dispositive, and the contract may determine a different procedure for distributing cost savings.

Essential terms of the contract in accordance with Art. 708 of the Civil Code of the Russian Federation are elementary And deadlines for completing the work. By agreement of the parties, intermediate deadlines can also be established, i.e., deadlines for completing individual stages of work.

The rule about indicating the initial, and, if necessary, intermediate deadlines was introduced into the Civil Code of the Russian Federation so that the customer could control the progress of work. If there is no need or if it is impossible to monitor the progress of work, an indication of the initial and intermediate deadlines for the completion of work in the work contract, apparently, should be considered optional and unnecessary.

Rights and obligations of the parties

Main Responsibility contractor is to perform certain work on the instructions of the customer and hand over to him the result of the work performed.

The contractor performs the work provided for in the contract at his own risk. In Art. 705 of the Civil Code of the Russian Federation regulates the issue of distribution between the parties of risks arising during the execution of a work contract.

The risk of accidental loss or accidental damage to materials, equipment, items transferred for processing (processing) or other property used for the execution of the contract is borne by the party that provided them. The contractor bears the risk of accidental loss or accidental damage to the contracted item before its acceptance by the customer.

The law or contract may provide for other rules for the distribution of risks between the parties.

If there is a delay in the transfer or acceptance of the work result, the risks are borne by the party that committed the delay.

Since, as a general rule, the work is carried out at the expense of the contractor, he is responsible for poor quality materials and equipment provided to them, as well as for the provision of materials and equipment encumbered with the rights of third parties (clause 2 of Article 704 of the Civil Code of the Russian Federation). According to Art. 723 of the Civil Code of the Russian Federation, the contractor who provided the material to perform the work is responsible for its quality according to the rules on the seller’s liability for goods of inadequate quality (i.e., according to the rules of Article 475 of the Civil Code of the Russian Federation).

When performing work using customer materials, the contractor must use them sparingly and prudently. After completing the work, the contractor must provide the customer with a report on the consumption of materials, as well as return the balance or, with the customer’s consent, reduce the price of the work taking into account the cost of the material remaining with the contractor (Article 713 of the Civil Code of the Russian Federation).

Furthermore, in accordance with Art. 714 of the Civil Code of the Russian Federation, the contractor is held liable for the failure to preserve the material, equipment provided by the customer, things transferred for processing (processing), or other property that came into his possession in connection with the execution of the contract.

The contractor is obliged to immediately warn the customer and, until receiving instructions from him, to suspend work if he discovers:

unsuitability or poor quality of materials, equipment transferred by the customer, technical documentation or item transferred for processing (processing);
possible adverse consequences for the customer of following his instructions on the method of performing the work;
other circumstances beyond the control of the contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time (Article 716 of the Civil Code of the Russian Federation).

Failure by the contractor specified requirements deprives him of the right to refer to the specified circumstances when presenting relevant demands to the customer.

If the customer, despite a timely and reasonable warning from the contractor, does not take appropriate measures (replacing materials with good quality ones, giving other instructions on how to perform the work, etc.), the contractor has the right to refuse to perform the contract and demand compensation for losses caused.

The contractor retains the right to demand payment for the work performed in the event that the result is not achieved or the result of the work is unsuitable for use, if the reason for this is shortcomings in the material provided by the customer that could not be detected during proper acceptance.

In cases where the work was performed by the contractor with deviations from the contract that worsened the result of the work, or with other shortcomings that make it unsuitable for the use specified in the contract, or in the absence of a corresponding condition in the contract of unsuitability for normal use, to the customer, unless otherwise established by law or contract, is given the right, at his own discretion, to require from the contractor:

or gratuitous elimination of deficiencies in reasonable time;
or proportionate reduction the price set for the work;
or reimbursement of their expenses for eliminating defects, when the customer’s right to eliminate them is provided for in the contract.

The contractor may, instead of eliminating the deficiencies for which he is responsible, perform the work again free of charge with compensation to the customer for damages caused by the delay. In this case, the customer is obliged to return the work result previously transferred to him to the contractor, if the nature of the work makes such a return possible.

If deviations in the work from the terms of the contract or other shortcomings in the result of the work have not been eliminated within a reasonable period established by the customer or are significant, the customer has the right to refuse to perform the contract and demand compensation for losses caused.

Significant defects are considered to be those that make it impossible or unacceptable to use a product (work, service) in accordance with its intended purpose, or that cannot be eliminated, or that appear again after elimination, or the elimination of which requires large expenses, or as a result of which the consumer is in a significant amount of money is deprived of what he had the right to count on when concluding the contract.

In accordance with Art. 724 of the Civil Code of the Russian Federation, the customer has the right to present claims related to the inadequate quality of the work result, provided that it is identified within the established warranty period. If the contract does not establish a warranty period, claims may be made provided that defects are discovered within a reasonable time, but within two years from the date of delivery of the work result, unless other deadlines are established by law or business customs.

If there is a contractual guarantee, the customer has the right to make claims related to defects in the work result discovered during warranty period installed by the contractor. If such a period is less than two years and defects in the work result are discovered by the customer after the expiration of the warranty period, but within two years from the date of its transfer to the customer, the contractor is liable if the customer proves that the defects arose before the transfer of the work result to the customer or for reasons that arose before this moment.

Term limitation period for claims related to inadequate quality of work performed under a contract, it is one year, and for buildings and structures - three years (Article 725 of the Civil Code of the Russian Federation). The calculation of the limitation period begins from the day of acceptance of the work result as a whole.

The contractor is obliged to provide the customer with information regarding the operation or other use of the subject of the contract, if this is provided for by the contract or is necessary to use the result of the work for the purposes specified in the contract.

The customer is obliged accept the result of the work and pay for it. If a contract is concluded for the creation of a new item, the customer’s ownership of it arises only from the moment of acceptance of the result of the work.

If the contractor does not begin to fulfill the contract in a timely manner and (or) performs the work so slowly that completing it on time becomes clearly impossible, the customer has the right to refuse to perform the contract and demand compensation for losses.

If during the execution of the work it becomes obvious that it will not be carried out properly, the customer has the right to assign a reasonable period to the contractor to eliminate the defects. Failure of the contractor to comply with such a requirement gives the customer the right to refuse to fulfill the contract or to entrust the correction of the work to another person at the expense of the contractor, as well as to demand compensation for losses.

In Art. 718 of the Civil Code of the Russian Federation establishes the obligation of the customer, in cases, to the extent and in the manner provided for by the contract, to provide assistance to the contractor in performing the work. If he fails to fulfill this obligation, the contractor has the right to demand compensation for losses caused. In cases where the performance of work under a contract has become impossible due to the actions or omissions of the customer, the contractor retains the right to pay him the penalty specified in the contract, taking into account the completed part of the work.

The customer has the right, at any time before delivery of the result of the work to him, to unilaterally refuse to perform the contract by paying the contractor part of the established price in proportion to the part of the work completed before receiving notice of his refusal to perform the contract, unless otherwise provided by the contract. The customer is obliged to compensate for losses incurred by the contractor as a result of termination of the contract only to the extent of the difference between the price determined for the entire work and part of the price paid for the work performed.

The procedure for acceptance and transfer of completed work is regulated by Art. 720 Civil Code of the Russian Federation.

The customer is obliged to inspect and accept the result of the work performed within the time frame and in the manner prescribed by the contract, with the participation of the contractor. If deviations from the contract are discovered that worsen the result of the work, or other shortcomings in the work, he must immediately notify the contractor about this.

Typically, the acceptance process is formalized by an act or other document signed by the parties. This rule is not prescribed by law, but failure to comply with it deprives the customer of certain rights.

Thus, a customer who discovers deficiencies during acceptance has the right to refer to them only in cases where the document certifying acceptance stipulated these deficiencies or the possibility of subsequently making a demand for their elimination. A customer who accepts a work without checking is deprived of the right to refer to defects in the work that could have been identified during the usual method of accepting it (obvious defects).

If defects are discovered after acceptance of the work that could not be identified during the normal acceptance method (hidden defects), the customer must notify the contractor about this within a reasonable time after their discovery.

Disputes may arise between the parties regarding deficiencies in the work performed or the reasons for them. In such cases, upon request of either party, an examination must be appointed. The costs of the examination are borne by the contractor, except in cases where the examination establishes the absence of violations by the contractor of the contract or a causal connection between the actions of the contractor and the detected deficiencies. In these cases, the costs are borne by the party that requested the examination, and if it is appointed by agreement of the parties, then the costs are borne by both parties in equal shares.

If the customer evades acceptance of the work performed, the contractor has the right, after a month from the day when, according to the contract, the result of the work should be transferred to the customer, and subject to subsequent double warning to the customer, sell the result of the work, and deposit the proceeds, minus all payments due to the contractor, to the customer's name is deposited in the manner prescribed by Art. 327 Civil Code of the Russian Federation. This rule applies unless otherwise provided by the contract.

The customer is obliged to pay for the work performed by the contractor at a price determined in accordance with Art. 709 of the Civil Code of the Russian Federation. At the same time, according to Art. 711 of the Civil Code of the Russian Federation, if the contract does not provide for advance payment for the work performed or its individual stages, the customer is obliged to pay the contractor the agreed price after the final delivery of the work results, provided that the work is completed properly and on time or with the customer’s consent ahead of schedule. The contractor has the right to demand payment of an advance or deposit only in cases and in the amount specified in the law or the contract.

1. Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and...

1. A contract is concluded for the manufacture or processing (processing) of a thing or for the performance of other work with the transfer of its result to the customer. 2. By...

1. Unless otherwise provided by the contract, the work is performed at the expense of the contractor - from his materials, with his forces and means. 2. The contractor bears...

1. Unless otherwise provided by this Code, other laws or a contract: the risk of accidental loss or accidental damage to materials,...

1. If the law or the contract does not provide for the contractor’s obligation to perform the work provided for in the contract personally, the contractor has the right to attract...

1. If two or more persons act simultaneously on the side of the contractor, if the subject of the obligation is indivisible, they are recognized in relation to the customer...

1. The work contract specifies the start and end dates for the work. By agreement between the parties, the contract may also stipulate terms...

1. The work contract specifies the price of the work to be performed or the methods for determining it. If there are no such instructions in the contract, the price is determined in...

1. In cases where the contractor’s actual expenses turned out to be less than those taken into account when determining the price of the work, the contractor retains the right to payment...

1. If the contract does not provide for advance payment for the work performed or its individual stages, the customer is obliged to pay the contractor the stipulated...

If the customer fails to fulfill the obligation to pay the established price or any other amount due to the contractor in connection with the execution of the contract, the contractor...

1. The contractor is obliged to use the material provided by the customer economically and prudently, after completion of the work, provide the customer with a report on...

The contractor is responsible for the failure to preserve the material, equipment provided by the customer, things transferred for processing (processing) or other...

1. The customer has the right at any time to check the progress and quality of work performed by the contractor, without interfering with his activities. 2. If the contractor does not start...

1. The contractor is obliged to immediately warn the customer and, until receiving instructions from him, to suspend work if it is discovered: unsuitability or...

Unless otherwise provided by the contract, the customer may, at any time before delivery of the work result to him, refuse to fulfill the contract by paying the contractor...

1. The customer is obliged, in cases, to the extent and in the manner provided for in the contract, to provide assistance to the contractor in performing the work. In case of failure...

1. The contractor has the right not to start work, but to suspend the work begun in cases where the customer violates his obligations under the contract, in...

1. The quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, the requirements, usually...

1. In the event that the law, other legal act, work contract or business customs provide for a warranty period for the result of the work, the result...

1. In cases where the work was performed by the contractor with deviations from the contract that worsened the result of the work, or with other shortcomings that make it not...

1. Unless otherwise established by law or a contract, the customer has the right to make demands related to the inadequate quality of the work result, if...

1. The limitation period for claims brought in connection with inadequate quality of work performed under a contract is one year, and in relation to...

The contractor is obliged to transfer to the customer, along with the result of the work, information regarding the operation or other use of the subject of the contract, if this...

If a party, due to the fulfillment of its obligation under a work contract, received from the other party information about new solutions and technical knowledge, including...

In cases where the customer, on the basis of paragraph 2 of Article 715 or paragraph 3 of Article 723 of this Code, terminates the contract, the contractor is obliged to return...

In the event of termination of a work contract on the grounds provided for by law or contract, before the customer accepts the result of the work performed by the contractor...

1. Under a domestic contract, the contractor carrying out the relevant entrepreneurial activity, undertakes to fulfill the instructions of the citizen...

1. The contractor has no right to force the customer to include additional work or services in the household contract. The customer has the right to refuse payment for the work...

1. The contractor is obliged, before concluding a domestic work contract, to provide the customer with the necessary and reliable information about the proposed work, its types and...

1. If work under a household contract is performed from the contractor’s material, the material is paid by the customer upon conclusion of the contract in whole or in part,...

If work under a household contract is performed from the customer’s material, in the receipt or other document issued by the contractor to the customer upon conclusion...

The price of work in a domestic contract is determined by agreement of the parties and cannot be higher than that established or regulated by the relevant...

When handing over the work to the customer, the contractor is obliged to inform him of the requirements that must be observed for the effective and safe use of the result...

1. If defects are discovered during acceptance of the work result or after its acceptance during the warranty period, and if it is not established, a reasonable...

If the customer fails to appear to receive the result of the work performed or the customer otherwise evades its acceptance, the contractor has the right, by warning in writing...

In case of improper performance or non-performance of work under a household contract, the customer may exercise the rights granted to the buyer in...

1. Under a construction contract, the contractor undertakes, within the time period established by the contract, to build a specific object according to the customer’s instructions or to perform other...

1. The risk of accidental loss or accidental damage to a construction project that is the subject of a construction contract, prior to acceptance of this project...

1. A construction contract may provide for the obligation of the party who bears the risk of accidental death or accidental damage to the object...

1. The Contractor is obliged to carry out construction and related work in accordance with technical documentation defining the volume, content of work and other...

1. The customer has the right to make changes to the technical documentation, provided that the changes caused by this additional work the cost does not exceed ten...

1. The responsibility for providing construction with materials, including parts and structures, or equipment lies with the contractor, if the construction contract...

1. Payment for work performed by the contractor is made by the customer in the amount provided for in the estimate, within the time frame and in the manner established by law or contract...

1. The customer is obliged to provide for construction in a timely manner land plot. The area and condition of the land plot provided must...

For the purpose of monitoring and supervising construction and making decisions on its behalf in relations with the contractor, the customer may conclude...

1. If, during construction and related work, obstacles to proper execution construction contract, each party...

1. When carrying out construction and related work, the contractor is obliged to comply with the requirements of the law and other legal acts on the protection environment and about...

If, for reasons beyond the control of the parties, work under a construction contract is suspended and the construction project is mothballed, the customer is obliged...

1. The customer who has received a message from the contractor about readiness for delivery of the results of the work performed under the construction contract or, if provided for...

1. The contractor is responsible to the customer for any deviations from the requirements provided for in the technical documentation and mandatory for...

1. The contractor, unless otherwise provided by the construction contract, guarantees that the construction project will achieve the specified in the technical documentation...

When claims related to inadequate quality of work results are presented, the rules provided for in paragraphs 1 - 5 of Article 724 of this Code are applied....

1. A construction contract may provide for the contractor’s obligation to eliminate, at the customer’s request and at his expense, defects for which...

Under a contract for design and survey work, the contractor (designer, surveyor) undertakes, on the customer’s instructions, to develop technical...

1. Under a contract for design and survey work, the customer is obliged to transfer to the contractor the design task, as well as other initial data...

1. Under a contract for design and survey work, the contractor is obliged to: perform work in accordance with the assignment and other initial data for...

1. The contractor under a contract for design and survey work is responsible for improper preparation of technical documentation and...

Under a contract for the performance of design and survey work, the customer is obliged, unless otherwise provided by the contract: to pay the contractor the established...

1. Contractors construction works(Article 740), design and survey work(Article 758), intended to satisfy state or municipal...

1. By state or municipal contract the contractor may be a legal entity or individual. 2. Under a government contract...

The grounds and procedure for concluding a state or municipal contract are determined in accordance with the provisions of Articles 527 and 528 of this...

1. A state or municipal contract must contain conditions on the volume and cost of the work to be performed, the start and end dates, the size...

1. When decreasing accordingly government agencies or organs local government V in the prescribed manner funds from the corresponding budget...

To relations under state or municipal contracts for the performance of contract work for state or municipal needs in part, not...

1. The work contract specifies the start and end dates for the work. By agreement between the parties, the contract may also stipulate deadlines for completing individual stages of work (interim deadlines).

Unless otherwise established by law, other legal acts or provided for by the contract, the contractor is responsible for violation of both the initial and final, as well as intermediate deadlines for the completion of work.

2. The initial, final and intermediate deadlines for completing the work specified in the contract may be changed in cases and in the manner provided for by the contract.

2. Unless otherwise provided by the contract, the contractor, in the presence of the circumstances specified in paragraph 1 of this article, has the right to refuse to perform the contract and demand compensation for losses.

Article . Acceptance by the customer of work performed by the contractor

1. The customer is obliged, within the time frame and in the manner prescribed by the contract, with the participation of the contractor, to inspect and accept the work performed (its result), and if deviations from the contract are discovered that worsen the result of the work, or other shortcomings in the work, immediately report this to the contractor.

2. A customer who discovers deficiencies in the work during its acceptance has the right to refer to them in cases where the act or other document certifying acceptance stipulated these deficiencies or the possibility of subsequent submission of a demand for their elimination.

3. Unless otherwise provided by the contract, a customer who accepted the work without inspection is deprived of the right to refer to defects in the work that could have been identified during the usual method of acceptance (obvious defects).

4. A customer who discovers, after acceptance of the work, deviations from the work contract or other defects that could not be identified during the usual method of acceptance (hidden defects), including those that were deliberately hidden by the contractor, is obliged to notify the contractor about this within a reasonable time. time limit for their discovery.

5. If a dispute arises between the customer and the contractor regarding deficiencies in the work performed or their causes, an examination must be appointed at the request of either party. The costs of the examination are borne by the contractor, except in cases where the examination establishes the absence of violations by the contractor of the work contract or a causal connection between the actions of the contractor and the detected deficiencies. In these cases, the costs of the examination are borne by the party that requested the appointment of the examination, and if it is appointed by agreement between the parties, both parties equally.

6. Unless otherwise provided by the contract, if the customer evades acceptance of the work performed, the contractor has the right, after a month from the day when, according to the contract, the result of the work should have been transferred to the customer, and subject to subsequent double warning to the customer, sell the result of the work, and the proceeds, minus all payments due to the contractor, make a deposit in the name of the customer in the manner prescribed by Article 327 of this Code.

7. If the customer’s evasion from accepting the work performed resulted in a delay in delivery of the work, the risk of accidental destruction of the manufactured (processed or processed) item is recognized as having passed to the customer at the moment when the delivery of the item should have taken place.

Article . Quality of work

1. The quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, with the requirements usually imposed on work of the corresponding type. Unless otherwise provided by law, other legal acts or a contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract or determined by the usually imposed requirements, and within a reasonable period of time be suitable for the use established by the contract, and if such use is not is provided for the normal use of the result of work of this kind.

2. If the law, other legal acts or the procedure established by them provide for mandatory requirements for work performed under a work contract, the contractor acting as an entrepreneur is obliged to perform the work in compliance with these mandatory requirements.

The contractor may assume a contractual obligation to perform work that meets quality requirements that are higher than those established and binding on the parties.

Article . Quality guarantee

1. If the law, other legal act, work contract or business customs provide for a warranty period for the result of the work, the result of the work must comply with the terms of the quality contract throughout the entire warranty period (clause 1 of Article 721).

2. The guarantee of the quality of the work result, unless otherwise provided by the contract, applies to everything that makes up the work result.

Article . Contractor's liability for poor quality of work

1. In cases where the work was performed by the contractor with deviations from the contract that worsened the result of the work, or with other shortcomings that make it unsuitable for the use specified in the contract, or in the absence of a corresponding condition in the contract of unsuitability for normal use, the customer has the right, if Unless otherwise established by law or contract, at your own discretion, require the contractor to:

elimination of deficiencies free of charge within a reasonable time;

a proportionate reduction in the price set for the work;

reimbursement of their expenses for eliminating defects when the customer’s right to eliminate them is provided for in the contract ().

2. The contractor has the right, instead of eliminating the deficiencies for which he is responsible, to perform the work again free of charge with compensation to the customer for losses caused by the delay in performance. In this case, the customer is obliged to return the work result previously transferred to him to the contractor, if the nature of the work makes such a return possible.

3. If deviations in the work from the terms of the contract or other shortcomings in the result of the work have not been eliminated within a reasonable period established by the customer or are significant and irreparable, the customer has the right to refuse to perform the contract and demand compensation for losses caused.

4. The condition of the contract on the release of the contractor from liability for certain defects does not relieve him of liability if it is proven that such defects arose as a result of the contractor’s guilty actions or inaction.

5. The contractor who provided the material to perform the work is responsible for its quality in accordance with the rules on the seller’s liability for goods of inadequate quality ().

Article . Time limits for detecting inadequate quality of work results

1. Unless otherwise established by law or a contract, the customer has the right to present claims related to the inadequate quality of the work result, provided that it is identified within the time limits established by this article.

2. In the event that there is no warranty period established for the result of the work, claims related to defects in the result of the work may be presented by the customer, provided that they were discovered within a reasonable time, but within two years from the date of delivery of the result of the work, unless otherwise deadlines are not established by law, contract or business customs.

3. The customer has the right to make claims related to defects in the work result discovered during the warranty period.

4. In the event that the warranty period provided for in the contract is less than two years and defects in the work result are discovered by the customer after the expiration of the warranty period, but within two years from the date provided for in paragraph 5 of this article, the contractor shall be liable if the customer proves that defects have arisen before the delivery of the work result to the customer or for reasons that arose before this point.

5. Unless otherwise provided by the work contract, the warranty period (clause 1 of Article 722) begins to run from the moment when the result of the work performed was accepted or should have been accepted by the customer.

6. The rules contained in paragraphs 2 and 4 of Article 471 of this Code are applied to the calculation of the warranty period under a work contract, unless otherwise provided by law, other legal acts, agreement of the parties or follows from the specifics of the work contract.

Article . Limitation period for claims of poor quality of work

1. The limitation period for claims brought in connection with inadequate quality of work performed under a contract is one year, and in relation to buildings and structures is determined according to the rules of Article 196 of this Code.

2. If, in accordance with the work contract, the result of the work is accepted by the customer in parts, the limitation period begins from the day the result of the work is accepted as a whole.

3. If a warranty period is established by law, other legal acts or a work contract and a statement regarding defects in the work result is made within the warranty period, the limitation period specified in paragraph 1 of this article begins from the date of the statement of defects.

Article . Obligation of the contractor to convey information to the customer

The contractor is obliged to transfer to the customer, along with the result of the work, information relating to the operation or other use of the subject of the contract, if this is provided for by the contract or the nature of the information is such that without it it is impossible to use the result of the work for the purposes specified in the contract.

Article . Confidentiality of information received by the parties

If a party, due to the fulfillment of its obligation under a work contract, has received from the other party information about new solutions and technical knowledge, including those not protected by law, as well as information in respect of which the owner has established a trade secret regime, the party who received such information has no right disclose it to third parties without the consent of the other party. (edited) Federal Law dated March 12, 2014 N 35-FZ)

The procedure and conditions for using such information are determined by agreement of the parties.

Article . Return by the contractor of property transferred by the customer

In cases where the customer, on the basis of paragraph 2 of Article 715 or paragraph 3 of Article 723 of this Code, terminates the contract, the contractor is obliged to return the materials, equipment provided by the customer, the thing transferred for processing (processing) and other property or transfer them to the person specified by the customer, and if it turned out to be impossible - to reimburse the cost of materials, equipment and other property.

Article . Consequences of termination of a contract before acceptance of the work result

In the event of termination of a work contract on the grounds provided for by law or contract, before the customer accepts the result of the work performed by the contractor (clause 1 of Article 720), the customer has the right to demand that the result of the unfinished work be transferred to him with compensation to the contractor for the costs incurred.

2. HOUSEHOLD CONTRACT

Article . Household contract

1. Under a domestic contract, the contractor carrying out the relevant business activity undertakes to perform, on the instructions of the citizen (customer), certain work designed to satisfy the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work.

2. A household contract is a public contract ().

3. Laws on the protection of consumer rights and other legal acts adopted in accordance with them apply to relations under a household contract not regulated by this Code.

Article . Guarantees of customer rights

1. The contractor has no right to force the customer to include additional work or services in the household contract. The customer has the right to refuse payment for work or services not provided for in the contract.

2. The customer has the right, at any time before the delivery of the work to him, to refuse to fulfill the contract for domestic work, by paying the contractor part of the established price in proportion to the part of the work performed before the notification of refusal to perform the contract, and by reimbursing the contractor for expenses incurred up to this point in order to fulfill the contract, if they are not included in the specified part of the price of the work. The terms of the contract that deprive the customer of this right are void.

Article . Providing the customer with information about the proposed work

1. The contractor is obliged, before concluding a domestic work contract, to provide the customer with the necessary and reliable information about the proposed work, its types and features, price and form of payment, as well as inform the customer, at his request, of other information related to the contract and the relevant work. If this is important due to the nature of the work, the contractor must indicate to the customer a specific person who will perform it.

2. If the customer is not given the opportunity to immediately obtain information about the work specified in paragraph 1 of this article at the place of conclusion of the domestic work contract, he has the right to demand from the contractor compensation for losses caused by unjustified avoidance of concluding the contract (paragraph 4 of Article 445).

The customer has the right to demand termination of the concluded domestic contract without payment for the work performed, as well as compensation for losses in cases where, due to incompleteness or unreliability of information received from the contractor, a contract was concluded to perform work that does not have the properties that the customer had in mind.

The contractor who did not provide the customer with information about the work specified in paragraph 1 of this article is also responsible for those deficiencies in the work that arose after its transfer to the customer due to his lack of such information.

Article . Carrying out work from the contractor's material

1. If work under a household contract is performed from the contractor’s material, the material is paid by the customer upon conclusion of the contract in full or in part specified in the contract, with final payment upon receipt by the customer of the work performed by the contractor.

In accordance with the contract, the material can be provided by the contractor on credit, including with the condition that the customer pays for the material in installments.

2. A change after the conclusion of a household work contract in the price of the material provided by the contractor does not entail recalculation.

Article . Carrying out work using customer's materials

If work under a household contract is performed from the customer’s material, the receipt or other document issued by the contractor to the customer upon conclusion of the contract must indicate the exact name, description and price of the material, determined by agreement of the parties. The assessment of material in a receipt or other similar document may subsequently be challenged by the customer in court.

Article . Price and payment for work

The price of work in a domestic contract is determined by agreement of the parties and cannot be higher than that established or regulated by the relevant government bodies. The work is paid by the customer after its final delivery by the contractor. With the consent of the customer, the work can be paid for by him at the conclusion of the contract in full or by issuing an advance.

Article . Warning the customer about the conditions of use of the work performed

When handing over the work to the customer, the contractor is obliged to inform him of the requirements that must be observed for the effective and safe use of the work result, as well as the possible consequences for the customer and other persons of non-compliance with the relevant requirements.

Article . Consequences of discovering deficiencies in the work performed

1. If defects are discovered during acceptance of the work result or after its acceptance during the warranty period, and if it is not established, a reasonable period, but no later than two years (for real estate- five years) from the date of acceptance of the work result, the customer has the right, at his choice, to exercise one of the rights provided for in Article 723 of this Code or to demand free re-performance of the work or reimbursement of expenses incurred by him to correct deficiencies using his own funds or third parties.

2. If significant defects in the result of the work are discovered, the customer has the right to make a demand to the contractor to eliminate such defects free of charge if he proves that they arose before the customer accepted the result of the work or for reasons that arose before that moment. This requirement may be presented by the customer if the specified defects are discovered after two years (for real estate - five years) from the date of acceptance of the work result by the customer, but within the service life established for the work result or within ten years from the date of acceptance of the work result by the customer , if the service life is not specified.

3. If the contractor fails to comply with the requirement specified in paragraph 2 of this article, the customer has the right, within the same period, to demand either the return of part of the price paid for the work, or reimbursement of expenses incurred in connection with the elimination of deficiencies by the customer on its own or with the help of third parties, or refuse to perform the contract and demand compensation for losses caused.

Article . Consequences of the customer’s failure to show up to receive the work result

If the customer fails to appear to receive the result of the work performed or the customer otherwise evades its acceptance, the contractor has the right, after warning the customer in writing, after two months from the date of such warning, to sell the result of the work for a reasonable price, and to pay the proceeds, minus all payments due to the contractor to a deposit in the manner prescribed by Article 327 of this Code.

Article . Rights of the customer in case of improper performance or non-performance of work under a household contract

In case of improper performance or non-performance of work under a household contract, the customer may exercise the rights granted to the buyer in accordance with this Code.

3. CONSTRUCTION CONTRACT

Article . Construction contract

1. Under a construction contract, the contractor undertakes, within the period established by the contract, to build a certain object on the instructions of the customer or to perform other construction work, and the customer undertakes to create the necessary conditions for the contractor to carry out the work, accept their result and pay the agreed price.

2. A construction contract is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other object, as well as for the performance of installation, commissioning and other work inextricably related to the object under construction. The rules on construction contracts also apply to work on major renovation buildings and structures, unless otherwise provided by the contract.

In cases provided for by the contract, the contractor assumes the obligation to ensure the operation of the facility after its acceptance by the customer for the period specified in the contract.

3. In cases where, under a construction contract, work is performed to satisfy the household or other personal needs of a citizen (customer), the rules of paragraph 2 of this chapter on the rights of the customer under a household contract are respectively applied to such an agreement.

Article . Sharing risk between parties

1. The contractor bears the risk of accidental loss or accidental damage to a construction project that is the subject of a construction contract before acceptance of this project by the customer.

2. If the construction project, before its acceptance by the customer, is lost or damaged due to the poor quality of the material (parts, structures) or equipment provided by the customer or the execution of erroneous instructions from the customer, the contractor has the right to demand payment of the entire estimated cost of the work, provided that he has fulfilled the duties provided for in paragraph 1 of Article 716 of this Code.

Article . Construction site insurance

1. A construction contract may provide for the obligation of the party bearing the risk of accidental death or accidental damage to the construction project, material, equipment and other property used during construction, or liability for causing harm to other persons during construction, to insure the corresponding risks.

The party charged with insurance must provide the other party with evidence that it has concluded an insurance contract on the terms and conditions provided for in the construction contract, including information about the insurer, the amount of the insured amount and the insured risks.

2. Insurance does not relieve the relevant party from the obligation to take the necessary measures to prevent the occurrence of an insured event.

Article . Technical documentation and estimates

1. The contractor is obliged to carry out construction and related work in accordance with the technical documentation defining the volume, content of the work and other requirements for it, and with the estimate determining the price of the work.

In the absence of other instructions in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

2. The construction contract must determine the composition and content of technical documentation, and must also stipulate which party must provide the relevant documentation and within what time frame.

3. A contractor who discovers during construction that work is not taken into account in the technical documentation and, in connection with this, the need to carry out additional work and increase the estimated cost of construction, is obliged to inform the customer about this.

If the customer does not receive a response to his message within ten days, unless the law or the construction contract provides for a different period for this, the contractor is obliged to suspend the relevant work, attributing losses caused by downtime to the customer’s account. The customer is exempt from compensation for these losses if he proves that there is no need for additional work.

4. A contractor who fails to fulfill the obligation established by paragraph 3 of this article is deprived of the right to demand from the customer payment for additional work performed by him and compensation for losses caused by this, unless he proves the need for immediate action in the interests of the customer, in particular due to the fact that the suspension of work could lead to death or damage to the construction site.

5. If the customer agrees to carry out and pay for additional work, the contractor has the right to refuse to perform it only in cases where they are not within the scope of the contractor’s professional activities or cannot be performed by the contractor for reasons beyond his control.

Article . Making changes to technical documentation

1. The customer has the right to make changes to the technical documentation, provided that the additional work caused by this does not exceed ten percent of the total cost of construction indicated in the estimate and does not change the nature of the work provided for in the construction contract.

2. Amendments to the technical documentation to a greater extent than those specified in paragraph 1 of this article are carried out on the basis of an additional estimate agreed upon by the parties.

3. The contractor has the right to demand, in accordance with Article 450 of this Code, a revision of the estimate if, for reasons beyond his control, the cost of the work exceeded the estimate by at least ten percent.

4. The contractor has the right to demand compensation for reasonable expenses incurred in connection with the identification and elimination of defects in the technical documentation.

Article . Providing construction with materials and equipment

1. The responsibility for providing construction with materials, including parts and structures, or equipment lies with the contractor, unless the construction contract stipulates that the customer will provide the construction in whole or in a certain part.

2. The party whose responsibility is to ensure construction is responsible for the discovered impossibility of using the materials or equipment provided by it without deteriorating the quality of the work performed, unless it proves that the impossibility of use arose due to circumstances for which the other party is responsible.

3. If it is discovered that it is impossible to use the materials or equipment provided by the customer without deteriorating the quality of the work performed and the customer’s refusal to replace them, the contractor has the right to withdraw from the construction contract and require the customer to pay the contract price in proportion to the completed part of the work.

Article . Payment for work

1. Payment for work performed by the contractor is made by the customer in the amount provided for in the estimate, within the time frame and in the manner established by law or the construction contract. In the absence of appropriate instructions in the law or contract, payment for work is made in accordance with Article 711 of this Code.

2. A construction contract may provide for payment for work at a time and in full after acceptance of the object by the customer.

Article . Additional responsibilities of the customer under the construction contract

1. The customer is obliged to provide a land plot for construction in a timely manner. The area and condition of the land plot provided must comply with the conditions contained in the construction contract, and in the absence of such conditions, ensure the timely start of work, its normal conduct and completion on time.

2. The customer is obliged, in cases and in the manner provided for in the construction contract, to transfer to the contractor for use the buildings and structures necessary for the implementation of the work, to ensure the transportation of goods to his address, temporary installation of power supply networks, water and steam pipelines and to provide other services.

3. Payment for the services provided by the customer, specified in paragraph 2 of this article, is carried out in cases and on the conditions provided for in the construction contract.

Article . Control and supervision of the customer over the performance of work under a construction contract

1. The customer has the right to exercise control and supervision over the progress and quality of the work performed, compliance with the deadlines for their completion (schedule), the quality of materials provided by the contractor, as well as the correct use of the customer’s materials by the contractor, without interfering with the operational and economic activities of the contractor.

2. A customer who, while monitoring and supervising the performance of work, discovers deviations from the terms of the construction contract that may worsen the quality of the work, or other shortcomings, is obliged to immediately notify the contractor about this. The customer who has not made such a statement loses the right to subsequently refer to the deficiencies discovered by him.

3. The contractor is obliged to comply with the customer’s instructions received during construction, unless such instructions contradict the terms of the construction contract and do not constitute interference in the operational and economic activities of the contractor.

4. A contractor who has performed the work improperly does not have the right to refer to the fact that the customer did not exercise control and supervision over their implementation, except in cases where the obligation to exercise such control and supervision is assigned to the customer by law.

Article . Participation of an engineer (engineering organization) in the exercise of rights and fulfillment of the customer’s obligations

In order to monitor and supervise construction and make decisions on its behalf in relations with the contractor, the customer may independently, without the contractor’s consent, enter into an agreement for the provision of services of this kind to the customer with the relevant engineer (engineering organization). In this case, the construction contract defines the functions of such an engineer (engineering organization) related to the consequences of his actions for the contractor.

Article . Cooperation of the parties in a construction contract

1. If, during construction and related work, obstacles to the proper execution of the construction contract are discovered, each party is obliged to take all reasonable measures within its power to eliminate such obstacles. The party that fails to fulfill this obligation loses the right to compensation for losses caused by the fact that the relevant obstacles were not eliminated.

2. The costs of a party associated with the performance of the obligations specified in paragraph 1 of this article are subject to reimbursement by the other party in cases where this is provided for in the construction contract.

Article . Responsibilities of the contractor for environmental protection and construction safety

1. When carrying out construction and related work, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and the safety of construction work.

The contractor is responsible for violation of these requirements.

2. The contractor has no right to use materials and equipment provided by the customer during the work, or to follow his instructions, if this may lead to a violation of the requirements for environmental protection and safety of construction work that are mandatory for the parties.

Article . Consequences of construction conservation

If, for reasons beyond the control of the parties, work under a construction contract is suspended and the construction project is mothballed, the customer is obliged to pay the contractor in full for the work performed up to the moment of mothballing, as well as to reimburse expenses caused by the need to stop work and mothball the construction, taking into account the benefits that the contractor received or could receive as a result of termination of work.

Article . Delivery and acceptance of work

1. The customer, having received the contractor’s message about the readiness for delivery of the result of the work performed under the construction contract or, if provided for in the contract, the completed stage of work, is obliged to immediately begin accepting it.

2. The customer organizes and accepts the result of the work at his own expense, unless otherwise provided by the construction contract.

In cases provided for by law or other legal acts, representatives of state bodies and local government bodies must participate in the acceptance of the work result.

3. The customer, who has previously accepted the result of a separate stage of work, bears the risk of the consequences of death or damage to the result of work, which did not occur through the fault of the contractor.

4. Delivery of the work result by the contractor and its acceptance by the customer are formalized by an act signed by both parties. If one of the parties refuses to sign the act, a note to this effect is made in it and the act is signed by the other party.

A unilateral act of delivery or acceptance of the result of work can be declared invalid by the court only if the reasons for refusing to sign the act are recognized by it as justified.

5. In cases where this is provided for by law or a construction contract or follows from the nature of the work performed under the contract, acceptance of the result of the work must be preceded by preliminary tests. In these cases, acceptance may

carried out only with a positive result of preliminary tests.

6. The customer has the right to refuse to accept the result of work if deficiencies are discovered that exclude the possibility of its use for the purpose specified in the construction contract and cannot be eliminated by the contractor or customer.

Article . Contractor's responsibility for the quality of work

1. The contractor is responsible to the customer for any deviations from the requirements stipulated in the technical documentation and in the building codes and regulations binding on the parties, as well as for failure to achieve the indicators of the construction project specified in the technical documentation, including such as the production capacity of the enterprise.

When reconstructing (updating, rebuilding, restoring, etc.) a building or structure, the contractor is responsible for the reduction or loss of strength, stability, reliability of the building, structure or part thereof.

2. The contractor is not responsible for minor deviations from the technical documentation made without the customer’s consent if he proves that they did not affect the quality of the construction project.

Article . Quality guarantees in a construction contract

1. The contractor, unless otherwise provided by the construction contract, guarantees that the construction project will achieve the indicators specified in the technical documentation and the ability to operate the facility in accordance with the construction contract during the warranty period. The warranty period established by law may be increased by agreement of the parties.

2. The contractor is responsible for shortcomings (defects) discovered within the warranty period, unless he proves that they occurred due to normal wear and tear of the object or its parts, improper operation or incorrect instructions for its operation developed by the customer himself or third parties involved by him , improper repair of the object carried out by the customer himself or third parties involved by him.

3. The warranty period is interrupted for the entire time during which the facility could not be operated due to defects for which the contractor is responsible.

4. If defects specified in paragraph 1 of Article 754 of this Code are discovered during the warranty period, the customer must report them to the contractor within a reasonable time after their discovery.

Article . Time frame for detecting inadequate quality of construction work

When claims related to inadequate quality of work results are presented, the rules provided for in paragraphs 1 - 5 of Article 724 of this Code are applied.

In this case, the deadline for discovering deficiencies, in accordance with paragraphs 2 and 4 of Article 724 of this Code, is five years.

Article . Elimination of deficiencies at the expense of the customer

1. A construction contract may provide for the contractor’s obligation to eliminate, at the customer’s request and at his expense, defects for which the contractor is not responsible.

2. The contractor has the right to refuse to fulfill the obligation specified in paragraph 1 of this article in cases where the elimination of deficiencies is not directly related to the subject of the contract or cannot be carried out by the contractor for reasons beyond his control.

4. CONTRACT FOR DESIGN AND SURVEY WORK

Article . Contract agreement for design and survey work

Under a contract for design and survey work, the contractor (designer, surveyor) undertakes, on the customer’s instructions, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their results.

Article . Initial data for design and survey work

1. Under a contract for design and survey work, the customer is obliged to transfer to the contractor the design task, as well as other initial data necessary for the preparation of technical documentation. The task for performing design work can be prepared by the contractor on behalf of the customer. In this case, the task becomes binding on the parties from the moment it is approved by the customer.

2. The contractor is obliged to comply with the requirements contained in the assignment and other initial data for performing design and survey work, and has the right to deviate from them only with the consent of the customer.

Article . Contractor's responsibilities

1. Under a contract for the performance of design and survey work, the contractor is obliged to:

carry out work in accordance with the assignment and other initial design data and the contract;

coordinate the finished technical documentation with the customer, and, if necessary, together with the customer - with the competent state bodies and local governments;

transfer to the customer the finished technical documentation and the results of survey work.

The contractor has no right to transfer technical documentation to third parties without the consent of the customer.

2. The contractor, under a contract for design and survey work, guarantees to the customer that third parties do not have the right to prevent the execution of work or limit their execution on the basis of the technical documentation prepared by the contractor.

Article . Contractor's liability for improper performance of design and survey work

1. The contractor under a contract for design and survey work is responsible for the improper preparation of technical documentation and survey work, including deficiencies subsequently discovered during construction, as well as during the operation of the facility created on the basis of technical documentation and survey data.

2. If deficiencies are discovered in the technical documentation or in the survey work, the contractor, at the request of the customer, is obliged to redo the technical documentation free of charge and, accordingly, carry out the necessary additional survey work, as well as compensate the customer for losses caused, unless otherwise established by law or the contract for the performance of design and survey work .

Article . Responsibilities of the customer

Under a contract for design and survey work, the customer is obliged, unless otherwise provided by the contract:

pay the contractor the established price in full after completion of all work or pay it in installments after completion of individual stages of work;

use technical documentation received from the contractor only for the purposes specified in the contract, do not transfer technical documentation to third parties and do not disclose the data contained in it without the consent of the contractor;

provide assistance to the contractor in carrying out design and survey work to the extent and on the terms stipulated in the contract;

participate together with the contractor in the coordination of finished technical documentation with the relevant government bodies and local governments;

reimburse the contractor for additional expenses caused by changes in the initial data for performing design and survey work due to circumstances beyond the control of the contractor;

involve the contractor in the case of a claim brought against the customer by a third party in connection with deficiencies in the technical documentation drawn up or the survey work performed.

5. CONTRACTING WORK FOR GOVERNMENT NEEDS

Article . State or municipal contract for contract work for state or municipal needs

1. Contract construction work (), design and survey work (), intended to meet state or municipal needs, are carried out on the basis of a state or municipal contract for contract work for state or municipal needs. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

2. Under a state or municipal contract for the performance of contract work for state or municipal needs (hereinafter referred to as the state or municipal contract), the contractor undertakes to carry out construction, design and other work related to the construction and repair of production and non-production facilities and transfer them to the state or municipal customer , and the state or municipal customer undertakes to accept the work performed and pay for it or ensure payment for it. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

Article . Parties to a state or municipal contract

(Article as amended by Federal Law dated 02.02.2006 N 19-FZ)

1. Under a state or municipal contract, the contractor may be a legal entity or an individual.

2. Under a state contract, state customers can be state bodies (including state authorities), government management bodies off-budget funds, as well as government institutions, other recipients of funds from the federal budget, budgets of constituent entities of the Russian Federation when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources of financing. (as amended by Federal Laws dated 04/20/2007 N 53-FZ, dated 07/24/2007 N 218-FZ, dated 12/30/2008 N 308-FZ, dated 05/08/2010 N 83-FZ)

3. Under a municipal contract, municipal customers can be local government bodies, as well as other recipients of local budget funds when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources of financing. (as amended by Federal Laws dated April 20, 2007 N 53-FZ, dated December 30, 2008 N 308-FZ)

Article . Grounds and procedure for concluding a state or municipal contract

(name as amended by Federal Law dated 02.02.2006 N 19-FZ)

The grounds and procedure for concluding a state or municipal contract are determined in accordance with the provisions of Articles 527 and 528 of this Code. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

Article . Contents of a state or municipal contract

(name as amended by Federal Law dated 02.02.2006 N 19-FZ)

1. A state or municipal contract must contain conditions on the volume and cost of the work to be performed, the dates for its start and completion, the amount and procedure for financing and payment for the work, and methods for ensuring the fulfillment of the obligations of the parties. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

2. If a state or municipal contract is concluded as a result of a tender or request for price quotes for work carried out in order to place an order for contract work for state or municipal needs, the terms of the state or municipal contract are determined in accordance with the announced terms of the tender or request price quotations for the work and the proposal of the contractor recognized as the winner of the tender or the winner in the request for price quotations for the work. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

Article . Changing a state or municipal contract

(name as amended by Federal Law dated 02.02.2006 N 19-FZ)

1. If the relevant state bodies or local self-government bodies, in accordance with the established procedure, reduce the funds of the corresponding budget allocated for financing contract work, the parties must agree on new terms, and if necessary, other conditions for the performance of work. The contractor has the right to demand compensation from the state or municipal customer for losses caused by changes in the timing of the work. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

2. Changes to the terms of a state or municipal contract not related to the circumstances specified in paragraph 1 of this article, unilaterally or by agreement of the parties, are permitted in cases provided for by law. (as amended by Federal Law No. 19-FZ dated 02.02.2006)

Article . Legal regulation of state or municipal contract

(name as amended by Federal Law dated 02.02.2006 N 19-FZ)

The law on contracts for state needs applies to relations under state or municipal contracts for the performance of contract work for state or municipal needs to the extent not regulated by this Code. (as amended by Federal Law No. 19-FZ dated 02.02.2006)