Correct contract for apartment renovation, sample

Why is it important to enter into a repair contract?

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

Security for the client

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

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

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

Security for the performer

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

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

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

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Types of fraud and dishonesty in the absence of a contract

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

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

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

Contract agreement for apartment renovation

A household contract for apartment repairs is concluded when carrying out repairs in secondary housing apartments and in apartments in new buildings.
In the first case, a contract for apartment renovation can be concluded if the apartment was purchased by new tenants, the premises simply need repairs, or the owners decided to change the layout. In the second case, a household contract for apartment renovation can be concluded if the tenants who bought the apartment are not satisfied with the apartment’s layout or decoration. Very often, apartments in new buildings are sold with a “black finish” - there are not even partitions in the rooms.

The front line of repair work in secondary housing apartments and in new building apartments can be very large. But no matter how much work is planned to be done, in any case it is necessary to conclude a household contract for repair work.

Verbal agreements and receipts are inappropriate here. If a conflict situation arises, it will be very difficult for the customer and the contractor to prove anything and protect their rights. Therefore, it is highly advisable to draw up a contract for apartment renovation in writing.

Both sides can suffer when problems arise. For example, the customer will not be able to do anything if the contractor does not use the materials he wanted. The contractor will not be able to prove anything if the customer does not accept the result of his work and refuses to pay the verbally agreed price.

In other words, a household contract for apartment renovation must be concluded.

However, before concluding an agreement for apartment renovation, the customer and contractor should familiarize themselves with the concept of a household contract for apartment renovation, its description, legal regulations, conditions, etc. Before drawing up a form for an apartment renovation agreement, both parties need to understand which object is recognized by law as a residential premises - and in particular, an apartment. According to current legislation, an apartment is a separate room in an apartment building with direct access to common areas, having one or more rooms, as well as auxiliary premises (intended to satisfy household and other needs related to living in such a separate room).

It should be noted that the sample contract agreement for apartment renovations protects the rights of the customer to a greater extent than the rights of the contractor. But, despite this, very often there are situations when the sample contract for apartment renovation is drawn up incorrectly and, on the contrary, infringes on the rights of the customer (citizen, consumer).

If the owner has a competent contract for the renovation of the apartment in his hands, he will have leverage over the contractor. An apartment renovation agreement form can be used as a guarantee against overpayments for materials if you include in it the prices for materials and a condition regarding their overexpenditure.

Concluding a legally competent contract for apartment renovation will minimize the infringement of the rights and interests of both parties - the customer and the contractor.

Legal basis

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

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

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

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

Deadline

The contract specifies the start and completion dates for work, intermediate deadlines (Article 708 of the Civil Code of the Russian Federation) or the procedure for determining them. For complex types of work, a schedule for their completion can be agreed upon. Read more about the types of deadlines in the article “There are deadlines for fulfilling obligations under a work contract...”.

The term is an essential condition of the contract; if it is not agreed upon, the contract is considered not concluded, which may lead to significant irreparable losses.

Thus, in one of the cases, the court was unable to establish a deadline for completing work under an oral agreement to repair a car. However, the rules on contracting were applied based on the actual relations between the parties, including those established in accordance with the testimony of the plaintiff and defendant (appeal ruling of the Sverdlovsk Regional Court dated 08/09/2016 in case No. 33-13373/2016).

In another case, the plaintiff failed to prove the fact of improper performance of work due to the absence of a contract and the lack of proof of the circumstances on which the claim was based: the deadline for completing the work, the list of ordered and paid for work. The claim was completely rejected (decision of the Moscow City Court dated September 12, 2017 on the cassation appeal in case No. 4g-10336/2017).

Rules for drawing up a contract for home renovation

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

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

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

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Responsible persons

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

Subject of the agreement

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

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

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

Deadlines

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

Materials

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

Acceptance procedure

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

Responsibility of the parties

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

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

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

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

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

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Does suspension of work affect the term of the contract?

In a number of cases, the contractor may suspend work (Articles 716, 719 of the Civil Code of the Russian Federation), and then the question arises of how this affects the timing of the work.

Delays can be of a wide variety of nature: failure to provide access to the facility, delay in delivery of materials and parts by suppliers (third parties), unacceptable weather conditions, etc. The consequences of the delay depend on its causes and the actions of the contractor in this regard:

General rule: the contractor is responsible for any delays, since this is covered by his risks (Articles 402, 402 of the Civil Code of the Russian Federation).
If the suspension is caused by counter-delay by the customer (documents were not handed over, an item was not provided for repair, etc.), the situation is resolved in accordance with Art. 405 of the Civil Code of the Russian Federation: delay relieves the creditor from liability, the deadline does not change (see the decision of the Khabarovsk Territory AS dated April 4, 2018 in case No. A73-1307/2018).
If circumstances change significantly, you can demand amendments to the agreement (Article 451 of the Civil Code of the Russian Federation).

In paragraph 2 of Art. 708 of the Civil Code of the Russian Federation, the legislator reminds that the terms can be changed in cases specified in the contract. In this regard, we believe it is advisable to take into account, when developing the terms of the contract on the period, the possibility of its extension in the presence of objective circumstances affecting the performance (delay of the supplier, non-approval of any permitting documents by government agencies, a ban on work, etc.), if they arise and continue through no fault of the contractor.

What else should you pay attention to?

Monetary relations between customers and contractors in this case are regulated only by estimates. It is drawn up as an annex to the agreement . Many people fall into a trap, drawn up legally, when they agree to include the total amount of repairs in the contract, and additional costs - in the chapter called “other”.

Another point worthy of attention is that of unforeseen expenses. The document must provide for any situations, the more, the better. What must be included in the estimate?

Stages of work, cost and types.
Calculation of material consumption for each treated surface , with maximum deviations.
Is it possible or not to replace a certain material with another?
Indication of manufacturers and brands.
Exact amount.

It is important to assess the condition of the property before the start of construction and repair work . To do this, it is better to invite independent experts. As well as for drawing up estimates and monitoring work progress.

It is necessary to foresee in advance the possibility of changes in the market price of materials . Otherwise, the contract with the customer may be terminated if he refuses to purchase something with a changed price.

Here are some examples of specific situations:

We came across a complaint according to which the contract was not concluded at all, but the builder was found through friends. He was paid an advance, but the work was never done. Moreover, the builder disappeared, trying to rob the owners. The absence of an agreement leads to the fact that only part of the lost funds can be returned, and only through the court. And this will take some time.

Another user complains that he did not take into account changes in prices for building materials. Because of this, it is necessary to either hire new workers or pay more to the old ones. It is always better to think through such questions in advance.

The payslip will help prove the validity of the claims and demand the correct amount. Many clients also forget about its preparation, negotiating with builders only verbally.

What is a contract

Under Article 702 of the Civil Code of the Russian Federation, a contract is an agreement between an individual and a contractor to perform certain work in an apartment or other facility. By virtue of Article 706 of the Civil Code of the Russian Federation, the contractor, if under the terms of the contract he is not obliged to carry out repair work personally, can attract other persons for construction work. For example, a construction contract for the renovation of an apartment may imply the implementation of several types of work:

dismantling and installation of plastic windows;
installation of plasterboard partitions;
laying parquet boards;
wallpapering;
putty or painting the ceiling.

Taking into account the variety of repair work, the contractor selects specialists to perform certain forms of activity, thus, in general, fulfilling its obligations.

Important! In pursuance of Article 731 of the Civil Code of the Russian Federation, the contractor has no right to impose additional types of construction work on the customer. The customer has the right to refuse to pay for unauthorized tasks that are not specified in the contract.

Due to the fact that one of the parties (customer) is an individual, a household contract for apartment renovation is drawn up. The rules for concluding this type of agreement are regulated by the norms of Section 2 of Chapter 37 of the Civil Code of the Russian Federation.