WORK AGREEMENT

Legislatively, the main provisions of a construction contract are enshrined in the articles of the Civil Code of the RF No. 740-757.

Approximate content of the contract

Preamble:

- name of the contract

- name of the object, location, date of conclusion of the contract, place of conclusion of the contract

- the name of the organizations of the customer and the contractor and the person entering into the contract.

1. The Subject of the Agreement

2. Cost of work

3. Terms of work

4. Obligations of the parties

5. Surrender and acceptance of work

6. Quality assurance for work submitted

7. Providing construction materials and equipment

8. Construction site

9. Journal of work

10. Security measures

11. Control and supervision of the customer over the execution of the contract

12. Hidden construction work

13. Payment for works and mutual settlements

14. Ownership

15. Construction object insurance

16. Property Responsibility

17. Change of conditions for the implementation of the contract

18. Amendment of the contract

19. Settlement of disputes between the parties.

20. Termination of a contractual relationship

21. Special conditions

22. List of documents attached to the contract

22.1. The act of transfer of the site under construction, draws up the customer

22.2. The schedule for the transfer of design and permitting documentation by the customer to the contractor shall be drawn up by the customer.

22.3. Minutes of the agreement on the contract price for the construction of the object

22.4. Contractor’s production schedule

22.5. The schedule of delivery of equipment and materials by the customer, is drawn up by the customer

22.6. Schedule for the delivery of equipment and materials by the contractor;

22.7. Schedule of commissioning works, drawn up by the customer

22.8. The list of documents required for commissioning of the objects is drawn up by the customer and the contractor.

22.9. Contract termination procedure, contractor and customer

22.10. Work log form, contractor and customer

22.11. Additional agreements entered into by the parties during the construction process

22.12. The schedule of payment of work performed, make out the customer and the contractor

Legal addresses and payment details of the parties. The general contractor concludes subcontracts.

Licensing of construction activities (certification of specialists), self-regulatory organizations in the field of survey work., In the field of design, and in the field of construction and installation works.

The main task of state licensing is to check organizations and individuals for their ability to carry out professionally and clearly the appropriate type of activity. However, today (December 2008) the licensing of construction activities has been canceled. Previously issued licenses are valid only until January 1, 2010.

July 25, 2008 The Urban Development Code also included a chapter on self-regulation in the field of engineering research, design and construction.

The main objectives of self-reg. organizations are:

-prevention of harm, life and health of citizens, property, the environment, life and health of animals and plants, cultural heritage objects due to work deficiencies that affect the safety of capital construction projects and are carried out by members of self-assembly. organizations;

-improve the quality of research, design, construction, reconstruction, overhaul.

The content of the activity of self-reg. organizations is the development and approval of documents, as well as monitoring compliance with these requirements by members. A self-regulatory organization is a non-profit organization created in the form of a non-profit partnership.

Types of self-regulatory organizations.

1. Samoreg. organizations based on engineering survey memberships.

2. Samoreg. organizations based on the membership of individuals. carrying out the preparation of project documentation.

3. Samoreg. organizations based on the membership of construction workers.

Requirements required for the acquisition of the status of self-regulator. organizations.

Samoreg. organizations on the membership of engineering survey and self-registries. organizations engaged in the preparation of design and estimate documentation. provided:

1. members of at least 50 individual entrepreneurs and (or) legal entities.

2. availability of a compensation fund of at least 500 thousand rubles. for each member (if the organization has accepted the requirement for insurance of its members for civil liability in the event of harm due to deficiencies of work that affect safety, in the amount of at least 150 thousand rubles)

3. availability of documents:

- requirements for issuing certificates of admission to work;

- rules of control in the field of self-regulation;

-document establishing a system of disciplinary measures

for non-compliance by members of self-registration. organization requirements.

For samoreg. organizations based on the membership of persons engaged in construction, reconstruction, overhaul:

1. the number of members must be at least 100 individual entrepreneurs and (or) legal entities;

2. availability of a compensation fund of more than 1 million rubles. for each member, or more than 300 thousand rubles. for each member, if liability insurance is provided .;

3. availability of the same documents (see above).

The minimum requirements for issuing certificates of admission to the work of members of self-regulatory organizations:

1. Not less than 3 employees must have a higher education and work experience of more than 3 years, or more than 5 workers, secondary vocational education and work experience of more than 5 years;

2. The requirement that an individual entrepreneur has a higher or secondary vocational education and work experience of more than 5 years;

3. Requirement - at least once in 5 years, all these persons must undergo advanced training

Established state control over the activities of self-regulatory organizations.

The highest body of self-regulating organizations is the All-Russian Congress.