Standard contract for the renovation of residential premises (household order)

From this article you will learn:

• Why is it necessary to conclude a contract for apartment renovation?
• How to draw up a contract for apartment renovation
• What important aspects need to be taken into account when drawing up and concluding a contract for apartment renovation

Nowadays, professional builders are increasingly being hired to renovate apartments. The cost of their services for carrying out repair work is comparable to the cost of services of private teams. At the same time, if you hire professionals, you don’t have to worry about the quality of repairs. When choosing a contractor who will put your home in order, it is better to give preference to the one who enters into a formal contract with his clients. From our article you will learn what you need to pay attention to when concluding an agreement for apartment renovation, and what are the rules for drawing up this document.

Why is it so important to conclude a contract for apartment renovations?

In the legal field, the concept of “repair agreement” does not exist. The Civil Code of the Russian Federation defines agreements for the performance of repair work as work contracts. They regulate the legal relations of the two parties:

• customer;
• performer.

The obligation of the customer under the contract is to pay for the work, and the contractor is to perform it efficiently within the agreed time.

There are often cases when apartment owners hire private teams to carry out repairs, finding their contacts in advertisements, and are faced with their dishonesty. The main problems that arise are:

1. Workers stop communicating after receiving funds as an advance payment.
2. The quality of the work performed turns out to be very low, and during the repairs the norms of construction legislation are violated.
3. The team violates the agreed deadlines for completing the work.
4. Builders deceive customers by providing false information about the funds spent on the purchase of building materials.

It is worth noting that in the absence of a construction contract, it is impossible for apartment owners to hold negligent builders accountable. With individual entrepreneurs, the solution to such problems is carried out in the legal field. Dealing with individuals is much more difficult. Appealing defrauded homeowners to law enforcement agencies or the court will not solve anything if they carried out renovations on the apartment without a contract. They won't even be able to apply.

The contract is drawn up and concluded in accordance with the norms of not only the Civil Code of the Russian Federation, but also the law “On the Protection of Consumer Rights”, because the owner of the apartment simultaneously acts as both a customer and a consumer of services.

Both parties are interested in concluding a contract for apartment renovation - both the customer and the contractor. Having such a document provides the following advantages:

• It is in the contract that the customer’s obligation to pay for the services provided within a certain time frame is stated.
• The agreement specifies how the contractor must report to the owner of the apartment on financial expenses for purchased consumables for repairs, so the likelihood of deceiving the customer is minimized.
• Also, the contract for apartment renovation determines the deadline for completion of the work and its volume.
• If there is a domestic contract, it will be easier for the parties to resolve possible disagreements regarding the quality of the work performed by the contractor.

Contract for repair work: obligations of the contractor

The contractor's obligations are regulated not only by the terms of the contract, but also by the current legislation of the Russian Federation. The contractor's responsibilities include:

• Carrying out repair work. At the same time, the work must be performed with high quality and completed within the agreed time frame. The quality of work performed is regulated by the terms of the contract and industry technical documentation;
• Ensuring the integrity and safety of the property transferred to him;
• Explaining operating rules to the customer, as well as warning him about circumstances that affect the durability of use and the strength of the result of the work performed.

If the customer does not provide the contractor with materials to complete the work, the contractor has the right to find them independently. In this case, the contractor will be responsible for the result of the work.

The parties must necessarily discuss and enshrine in the contract the parameters of the work performed. It is advisable to document the result of exterior finishing work in the form of a design project. Otherwise, it will be quite difficult to prove that you are right.

How to draw up a contract for apartment renovation

You can easily find a sample contract for apartment renovation on the Internet. But it is not necessary to use the apartment renovation agreement form. You can draw up an agreement yourself (if you wish, in consultation with a lawyer). The main thing is not to forget about the following points:

1. Responsible persons

The full details of both parties to the agreement must be written down: full name, passport details, address. If the contractor is a construction organization, then either the manager or an employee who has a power of attorney to conclude the contract can sign the contract on its behalf. If a contract for the renovation of an apartment is signed with an individual (a repair team working privately), then it is signed by a foreman or other responsible person.

2. Subject of the agreement

This section indicates the work that will be carried out by the contractor. A small list of works may be specified directly in the text of the agreement with the obligatory indication of the cost and volume of each type. If there is a lot of work, it is better to include a description of them in the estimate appendix. The contractor can offer an estimate made in the program. It needs to be studied thoroughly, checking the indicated volumes of work for compliance with real ones. It is not uncommon for repair prices to be overestimated precisely because of incorrectly calculated data.

When specifying the cost of work, do not forget to note that it is final and cannot be changed. It is better to describe each type of work separately in the estimate.

3. Turnaround time

This is an important point in the contract. Its presence not only allows you to plan to move into the apartment after renovation, but is also an essential condition of the contract. If there are no start and finish dates for repairs, the contract will not be considered concluded. Therefore, agreement on deadlines is mandatory. If there is a large volume of work and step-by-step acceptance and payment, it is recommended to create a repair schedule.

4. Material for the work.

It is strongly recommended to discuss the issue of supplying the brigade with construction and finishing materials and tools. It is best to draw up in advance, together with the hired team, a list of materials and tools, the purchase of which you will pay for.

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There are situations when customers have to pay much more than the agreed amount for repairs due to the purchase by builders of small, insignificant things during the work. To avoid this, you need to draw up a list of materials and tools and draw it up as an annex to the contract with a mandatory indication that the contractor does not have the right to demand payment for the purchase of other items.

Then you need to decide who will purchase everything necessary for the renovation and deliver it to the apartment. Having received the materials and tools, the customer must draw up an acceptance certificate for their transfer to the construction team. There is no need to create an inventory; a copy of the sales receipt, which must be signed by both parties, will do. Be sure to indicate in the agreement that the contractor is responsible for the safety of the materials.

5. Acceptance of work

Specify in the contract that the contractor is obliged to inform you in writing about the completion of each stage of repair or about the readiness of the object for delivery. In case of high-quality performance of work within the established time frame, it is possible to accept it upon oral notification. If the repairs are not completed on time or the contractor is in no hurry to hand over the project, then in court you can use the absence of written notice and acceptance certificates as evidence of failure to meet deadlines. Also indicate in the contract that the deficiencies identified during acceptance are recorded in the act, and you do not sign it until the team eliminates the deficiencies found.

Features of a contract for repair work

Based on the characteristics of this type of work, the subject of the contract for repair work includes the following:

• On the object to be repaired, as well as the nature of the faults, if known;
• Types of required work.

Detailed features of the agreement:

1. Enter into the right type of contract. That is, the title must indicate the full name and type of contract.
2. The agreement must be concluded in writing.
3. The contract must reflect the full essential terms, as well as quality standards, which are discussed in advance by the two parties when concluding the contract.
4. 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 applied to work of the corresponding type (Part 1 of Article 721 of the Civil Code of the Russian Federation).
5. Fixed cost of services provided
6. According to Art. 733 of the Civil Code of the Russian Federation, if the renovation of living space is carried out using materials purchased by the contractor, then the full cost of the services provided by him also includes the costs incurred in purchasing the required materials. In this case, their delivery and storage remains entirely with the contractor.

You can order filling out the contract form for repair work through the specialists of our portal. At an affordable price, they will help you quickly draw up any document, taking into account the specifics of your issue. This type of agreement does not require certification by a notary. A written form and signature of the parties is sufficient.

Also, in relation to a contract for repair work, one of the parties (a legal entity) can form a power of attorney to conclude this type of contract, and the list of actions carried out under the power of attorney is reflected in the addendum to the contract.

REFERENCE. A power of attorney from a law firm in relation to a specific person must be signed by the head and seal of the organization. It is not necessary to have such a power of attorney certified by a notary.

What else to pay attention to when drawing up an agreement for the provision of apartment renovation services

The regulation of monetary relations between the parties to the agreement is carried out not only by estimates drawn up as an appendix to the agreement. Often, apartment owners lose money by agreeing to include the total amount of repairs in the contract, and additional costs in the “Other” chapter.

It is imperative to consider the issue of unforeseen expenses. When concluding an agreement for apartment renovation, you should provide for as many situations as possible. The following items are required to be included in the estimate:

1. Stages of work, cost and types.
2. Calculation of material consumption for each type of work with maximum permissible errors.
3. Possibility of replacing one material with another.
4. Manufacturers and brands of materials that can be used.
5. Exact amount.

Before concluding an agreement to renovate an apartment, conduct an assessment of the condition of the premises before starting work, preferably with the involvement of independent experts. It is also recommended to invite specialists to draw up estimates and monitor the progress of work.

It is important to consider the possibility of rising prices for materials used for repairs. Otherwise, the customer’s refusal to purchase something at a higher price may result in termination of the apartment renovation contract.

Cooperating with is reliable and prestigious. The specialists working here are professionals of the highest level. operates throughout Moscow and the Moscow region.

Items that must be included in the contract

It is legally stipulated that a contract for renovation of an apartment is drawn up including the following points:

• mandatory, without which the agreement has no legal force;
• additional, stipulating certain aspects of the relationship between the contractor and the customer.

Additional provisions are added by mutual consent of the parties. For mandatory items, their content is agreed upon, but their existence is not questioned.

Subject of the agreement

The work (indicating the types, volumes and content) for which the agreement is signed is clearly listed, excluding any ambiguity of interpretation.

Rights and obligations of the parties

The responsibilities of the customer and the contractor are separately indicated, with the rights of the parties in relation to the provisions of the contract. As a guarantee against possible misunderstandings, the employer includes an indication of the following obligations of the contractor:

• completion of work in full and within the terms specified in the agreement;
• the procedure for purchasing materials, the possibility of paying an advance, with a form for the contractor to report on the funds spent;
• quality requirements for the result of work, with reference to the provisions of the standards regulating these indicators;
• situations in which the contractor suspends work, turning to the employer for clarification of further actions;
• compliance with established legislative norms, etc.

For its part, the contractor has the right to demand from the customer:

• freeing the work area from disturbing furnishings and the possibility of unhindered access to the apartment for the period of repair;
• compliance with deadlines for the purchase of materials, if this obligation applies to the employer;
• check the work and pay the contractor according to the deadlines specified in the contract;
• clarify the response time to the contractor’s requests;
• provide the agreed volumes for this contractor, without involving other persons.

The rights of the employer include the ability to constantly monitor the performance of work, to refuse cooperation if the contractor does not comply with the agreement, with compensation for damage.

Cost and timing of work

A separate section of the contract contains data regarding the period of work, with an exact indication of the start and end dates. The deadlines for completion, if necessary, are specified for each stage.

The exact amount of the contract is indicated, written in letters in rubles or other currency. The VAT amount is indicated.

Note! The customer will protect himself by ensuring that the full amount remains unchanged, regardless of the market price situation for materials and the ruble exchange rate.

Acceptance of completed work

The procedure and deadlines for acceptance of work are discussed. It is clearly indicated which document confirms the fact that the contractor has fulfilled its obligations and the timing of its signing by the parties.

Payment for work

The column with the payment procedure can be combined with the cost and timing of the work or written separately. The method of payment must be indicated - cash or transfer to a bank account. If an advance or full prepayment is expected, this is stated in a separate paragraph.

Work guarantee

Art. 724 of the Civil Code of the Russian Federation indicates that the contractor is obliged to ensure the quality of repairs, with a guarantee of at least two years. But a contractor who values ​​his reputation has the right to extend the warranty to five years.

Duration of the agreement

Contrary to popular belief, the contract is not valid until the date specified as the end date in the deadline column. The beginning of the document is fixed, and the end occurs when the contractor completely completes the repair.

Responsibility of the parties

If the employer or contractor violates the obligations established by the contract, penalties for this party are prescribed separately. The amount of the penalty and other measures protecting the mutual rights of the signatories of the agreement are specified in detail.

Force majeure

If certain circumstances occur that are beyond the control of the customer and the contractor, difficulties may arise with the timely and high-quality fulfillment of obligations. Standard conditions that prevent the execution of contract clauses include the following events:

• natural disasters;
• hostilities;
• emergency situations and other events that cannot be foreseen in advance.

If such reasons occur that prevent the completion of work, the parties are released from the penalties specified in the contract.

Dispute Resolution

It is separately stated how the parties will resolve disputes. The standard formulation provides for a judicial procedure, with mandatory preliminary negotiations.

Grounds and procedure for termination

Sometimes, excluding force majeure circumstances, there is a need for early termination of the agreement. These situations should also be listed in detail.

Final provisions and signing of the document

The final provisions specify the procedure for supplementing the signed agreement, the number of copies of the contract and the list of attached documents.