A contract for finishing work is an agreement according to which one party carries out repair and finishing work at a certain facility by order of the other party, and the latter, in turn, undertakes to pay for this work on the terms stipulated by the agreement being drawn up.
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This transaction may be concluded as a contract for the provision of services. Often, it is drawn up in this format when the executor is an individual or individual entrepreneur.
This transaction can also be formalized as a contract. In this case, various teams or specialized organizations act as performers. Thus, the circle of subjects under the contract for finishing work is not limited, everything depends on the type and volume of work.
Below we will discuss how to draw up an agreement for finishing work, simultaneously paying attention to the important components of the document.
Contract for repair work: contents
A contract for repair work must reflect such basic elements as the subject of the contract and the names of the parties, the name of the subject of the contract and the cost estimate for the transaction.
And:
- Timeframe for completing the work - it is necessary to indicate the start date of the work and the completion date of the work. Such clarifications as the deadlines for the intermediate delivery of stages of the contractor’s work are acceptable (Article 708 of the Civil Code of the Russian Federation).
- The procedure for payment for work performed is the obligation, or lack thereof, for the customer to pay an advance and the time for repayment of the rest of the cost of services (Article 711 of the Civil Code of the Russian Federation).
- Rights and obligations of the parties, including their liability for failure to fulfill the agreement and/or part of its clauses.
- The procedure for accepting completed work.
- Details of the parties, date and signatures.
Contract for repair work: responsibilities of the customer
The repair contract must necessarily contain information about the responsibilities of the parties. Under the terms of this agreement, the customer undertakes:
- Provide the contractor with access to the facility where repair work will be carried out. To minimize disputes and conflict situations, the parties are recommended to draw up an acceptance certificate or an admission certificate to the facility before starting work. This document is an addition to the contract and, if necessary, it can play the role of a defective statement. The act lists all significant defects of the object for which the contractor will not be held responsible;
- Provide assistance in completing the work (for example, provide documentation for the site). If the customer does not comply with this requirement, the contractor has the right to insist on compensation for his losses (Article 718 of the Civil Code of the Russian Federation).
- Accept the object and pay for repairs within the time limits established by the contract.
It is worth considering that the contractor is responsible for the work performed. This norm is valid until the act of completion of work is signed.
Commission agreement for the sale of goods
Tyumen
October 24, 2023
LLC "Electronic Plus", represented by General Director Surkov Gennady Denisovich, acting in accordance with the Charter of the company, hereinafter referred to as the "Customer", on the one hand, and Turaev Albert Andreevich, registered at the address: Tyumen region, Tyumen City, Nurilskaya street, building 664, apartment 373, passport: number 0000 series 000000, issued by the Ministry of Internal Affairs of Russia for the Tyumen region in the city of Tyumen on 17.17.2001, hereinafter referred to as the “Contractor”, on the other hand, we have entered into this agreement as follows:
The preamble of the agreement contains information that is directly related to the personal data of the counterparties. Thus, the text of the preamble contains the following provisions:
- Firstly, the type of transaction being concluded (in our case, it is a contract for finishing work).
- Secondly, the place, that is, the city in which the agreement is drawn up;
- Thirdly, the date of conclusion of the contract;
- Fourthly, the surname, initials, registration address, passport details of the individual and the name of the organization, as well as the surname and initials of the representative of the legal entity;
- Fifthly, the roles of the participants in the transaction.
All of the above items together form the content of the preamble.
Further, the agreement contains sections containing essential (without which the agreement does not enter into legal force) and additional (at the discretion of the parties) conditions. Below we will present a sample of each section separately.
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.
Rights and obligations of the parties
Within the framework of this section, provisions on the obligations of Counterparties are indicated. It is the conditions that are prescribed here that serve as the starting point for the actions of the Counterparties. We present approximate formulations that appear in this section below:
The Customer has the right to: • Require the Contractor to carry out finishing work on the office premises, the list of which is set out in Appendix 1 to this agreement. • Require the Contractor to properly fulfill its obligations in accordance with the terms of this agreement. The Customer undertakes to: • Timely pay for the Contractor's work in accordance with the terms of this agreement. • Reimburse all costs associated with the purchase of materials for the work. • Bear responsibility in case of violation of the terms of the contract, or failure to fulfill obligations under this agreement. • Fulfill your obligations in strict accordance with the terms set forth in the text of this agreement. The Contractor has the right to: • Demand that the Customer pay for labor activities related to finishing work in the manner and within the time limits specified in the contents of Appendix 1 to this agreement. • Demand compensation for all losses associated with the purchase of materials for finishing work. • Require the Customer to properly fulfill obligations in accordance with the terms of this agreement. The Contractor undertakes to: • Carry out finishing work at the Customer's office premises in a proper manner, in the manner and within the time limits specified in the contents of Appendix 1 to this agreement. • Carry out work in strict accordance with technical documentation. • Bear responsibility in case of violation of the terms of the contract, or failure to fulfill obligations under this agreement. • Be responsible for damage to office premises. • Fulfill your obligations in strict accordance with the terms set forth in the text of this agreement.
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:
- Enter into the right type of contract. That is, the title must indicate the full name and type of contract.
- The agreement must be concluded in writing.
- 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.
- 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).
- Fixed cost of services provided
- 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.
Final provisions
This section reflects provisions that are essentially not related to the above sections, but are important when concluding an agreement. Their wording looks like this:
• Works are accepted by the Customer by drawing up a work acceptance certificate. • The Agreement is drawn up in two copies, one for each of the Counterparties. • This agreement acquires legal force from the moment it is signed by the Counterparties. • In case of any disagreements or disputes, the parties resolve them through negotiations. • If the parties do not reach a compromise, all disputes are resolved in court. • This agreement comes into force from the moment it is signed by the parties.
Contract for repair work: does the suspension of work affect the term of the contract?
Depending on the prevailing circumstances, the contractor may stop the repair work (these circumstances are recorded in Articles 716, 719 of the Civil Code of the Russian Federation). Under a repair contract, the main reasons for delays may be:
- Inability to access the object;
- The delivery of material for the work has been delayed or cancelled;
- Force majeure circumstances.
As a general rule, if the actions (or inactions) of a contractor affect the speed and quality of work performed, responsibility for these actions falls directly on his shoulders.
If the delay under the contract for repair work was the result of the customer’s inaction (for example, he did not provide access to the facility, did not hand over technical documentation or construction materials in a timely manner), the situation must be resolved in accordance with the provisions of Article 405 of the Civil Code of the Russian Federation.
If current circumstances have changed, it is advisable to change the essential conditions. Changes are recorded in an additional agreement to the contract for repair work.
In accordance with paragraph 2 of Article 708 of the Civil Code of the Russian Federation, the deadlines for completing work (initial, intermediate and final) can also be changed by agreement of the parties. The possibility of postponing or adjusting deadlines must be indicated in the contract for repair work. Accordingly, before signing this agreement, the parties need to clarify in the text of the document information about the objective reasons and circumstances for the extension of the deadline.
Item
The subject section is a fundamental component of the document. In our case, the subject is the Contractor’s services for finishing work. The section must indicate exactly what work the Contractor must perform, as well as at what facility. So, the provisions related to the subject of the agreement are written in the text of the document as follows:
In accordance with this agreement, the Contractor, on the instructions of the Customer, for the fee specified in the text of the agreement, performs repair and finishing work in the Customer’s office premises located at the address: Tyumen region, Tyumen city, Marshal Zhukov Avenue, building 19, building 1, floor 7, office space number 304. Types of finishing work, the procedure and terms of their payment are specified in Appendix 1 to this agreement.
