Contract for apartment renovation

Subject of the agreement

In any contract drawn up, there is a section “Subject of the contract”, which displays the subject for which the agreement is concluded.
According to Art. 730 of the Civil Code of the Russian Federation, upon concluding the DRC, one participant in the transaction, called the Customer, undertakes to another participant, called the Contractor, to carry out repairs of the object, after which completion, the customer undertakes to pay the Contractor. In this case, the subject of the agreement includes repair work in the apartment. This section of the document, as a rule, displays the address of the residential premises (where repairs are required), the price, with a possible link to the estimate (if it was carried out by the design organization). The estimate is an integral annex of the agreement.

This agreement refers to a public contract for household work (Article 426 of the Civil Code of the Russian Federation). The features of such an agreement include:

Determination of prices for services provided.
Lack of priorities when searching for a customer.

If the performer is free, then he does not have the right to refuse to provide services. That is, if a customer contacts a company engaged in apartment renovation with a proposal to conclude a DRC, then the company does not have the right to refuse him this.

( Video : “Never sign a contract for apartment renovation without these points”)

Cost of apartment renovation

According to Art.
709 of the Civil Code of the Russian Federation, the cost of repair work must certainly be displayed in the DRC. The price can be displayed both in the agreement and in the application, in the form of an estimate. The price is usually recorded in the “Subject of the contract” section. A link to the application is provided here if the repair estimate is drawn up on a separate document. At the same time, the total amount indicated in the estimate can be duplicated by writing it in this section.

Also, this paragraph specifies the calculation procedure:

With or without advance payment.
By transfer to a bank card or cash withdrawal.
Payment upon completion of repairs or in stages (with determination of payment terms and amounts).

It is also advisable to display the final payment deadline - for example, no later than 3 working days after signing the acceptance certificate.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » General civil issues » On concluding an agreement for the renovation of an apartment with an individual

Citizen V. plans to renovate his apartment by a third-party private person.

Question

Should a repair contract be concluded with an individual?

Will such an agreement have legal force?

Is there a risk of losing money even if such an agreement is concluded?

Lawyer's answer

an agreement for apartment renovation with an individual , because... in case of disputes, the contract will confirm that V. have entered into certain contractual relations. An agreement between individuals has legal force. There is always a risk of non-fulfillment of agreements, but it is the agreement that will act as a guarantor (evidence) of V.’s violated rights and will help to defend his violated rights, including the return of funds.

Most often, individuals do not enter into a written agreement for the provision of services if they require minor help with housework or simple repairs. Agreements are made orally, payment is made from hand to hand upon receipt of the result of work or services. The absence of completed documents when an individual provides a service to another individual can lead to the fact that it will be very difficult to make claims about the quality of work or payment for it. Everything rests on the honest word of the customer and the performer.

If there are no supporting documents: an agreement, a receipt for receiving money, an act of acceptance of the transfer, an estimate of costs, a document on the use of customer funds for the purchase of materials, etc., then in the event of legal disputes the parties can only refer to witness testimony. Based on this, when placing an order for services or contract work between individuals, it is worth drawing up at least a simple one-page agreement, which will confirm that citizens have entered into certain contractual relations.

If disputes arise between individuals who have entered into a contract for repairs (houses, apartments) and they cannot find a compromise, then their decision will be transferred to the legal plane. The injured party prepares a statement of claim and submits it to the court. One of the main evidence in court will be the contract signed by the customer and the contractor.

The Civil Code of the Russian Federation allows you to conclude civil contracts with an individual for the performance of various works. Such agreements include, for example, a contract. Chapter 37 , common to all participants in civil legal relations, apply to relations under work contracts involving individuals . In other words, such agreements are concluded and executed in the same manner as work contracts to which a legal entity is a party (customer or contractor).

Citizens (individuals), along with legal entities, are participants in civil legal relations and can acquire rights and obligations on the basis of an agreement ( clause 2 of article 1 , clause 1 of article 2 of the Civil Code of the Russian Federation). An individual can be a party to any civil contract, if this does not contradict the mandatory norms of legislation ( Articles 421 , 422 of the Civil Code of the Russian Federation).

The law does not limit the possibility of concluding a contract by an individual, either as a customer or as a contractor. Moreover, under a household contract, the customer is the citizen ( Clause 1, Article 730 of the Civil Code of the Russian Federation).

It should be noted that regardless of the type of contract (household contract, construction contract, contract providing for the performance of other contract work), a citizen has the right to systematically perform work for a fee under the contract only subject to prior state registration as an entrepreneur, since such work is actually performed forms entrepreneurial activity ( clause 1, article 23 of the Civil Code of the Russian Federation). However, if a citizen carries out entrepreneurial activities without forming a legal entity in violation of this requirement, he does not have the right to refer to the transactions concluded by him to the fact that he is not an entrepreneur. The court may apply to such transactions the rules of the Civil Code of the Russian Federation on obligations associated with the implementation of entrepreneurial activities ( clause 4 of Article 23 of the Civil Code of the Russian Federation). Therefore, an agreement, the obligations under which are fulfilled by a citizen within the framework of activities that are actually entrepreneurial, cannot be declared invalid only on the grounds that such a citizen does not have the status of an entrepreneur (see resolution of the Federal Antimonopoly Service of the Central District dated January 13, 2011 N F10-5887/ 2010).

For carrying out entrepreneurial activities without state registration as an entrepreneur, a citizen may be brought to administrative liability under Part 1 of Art. 14.1 Code of Administrative Offenses of the Russian Federation. In the presence of certain circumstances (causing large-scale damage to citizens, organizations or the state, generating large-scale income, etc.), carrying out business activities in the absence of state registration may entail bringing the citizen to criminal liability (Article 171 of the Criminal Code of the Russian Federation ).

For the customer under a work contract, there are no negative legal consequences of the absence of such registration by the contractor - an individual.

The following conditions must be covered in the construction contract :

Parties to the contract . If this is an individual, then his full name is indicated. Other data may not be indicated in the preamble of the agreement, but rather written in the final chapter, where the signatures of the parties will be placed. A similar situation is if one of the parties to the contract is an organization - at the beginning of the contract indicate the full name, and who, and on what basis, represents its interests. In the final clause, other data is indicated: TIN, checkpoint, legal address, etc.

Subject of the agreement . It is necessary to indicate the exact list of work that the contractor must perform on behalf of the customer. All work must be carried out in accordance with the technical documentation (scope, content of work and other requirements) and the estimate (it determines the cost of the work), which are annexed to the main contract. If the contractor discovers the need to carry out work that is not taken into account in the estimate or technical documentation, he informs the customer about this, and he is obliged to make appropriate changes to the estimate or documentation within 10 days, otherwise the contractor has the right to suspend work.

The contract must indicate the start and completion dates for work . It is also possible to provide for phased delivery of work and penalties in case of violation of established deadlines.

Procedure for payment by the customer : are other expenses necessary to complete the work included in the payment, is a one-time or staged payment made, when will the final payment be made, etc. The cost of work is indicated in numbers and words.

The procedure for providing materials for work : at whose expense and by whose efforts they will be purchased. If this is done by a contractor, then it is necessary to stipulate the list of materials, their quality and the procedure for reporting costs to the customer.

Work acceptance procedure. Here it is important to provide not only for the acceptance period of the completed work, but, if necessary, to determine the procedure for its verification (testing). This item is mainly necessary if the object is commissioning work. Having accepted the entire work, or a certain stage of it, the customer signs an acceptance certificate.

It is imperative to reflect the responsibilities of the customer and the contractor, as well as the liability of the parties for violation of the terms of the contract.

If any of the points is not specified in the contract agreement, if controversial situations arise, they will be resolved in accordance with the norms of the Civil Code of the Russian Federation. You also need to take into account that if the terms of the contract contradict Russian legislation, they may be declared invalid.

Consultation was given in November 2021 as part of the Republican competition “Professional Lawyer 2018”.

Consultant - Sergey Vladimirovich Antropov, legal consultant of the Federal Budgetary Institution "Center for Hygiene and Epidemiology in the Udmurt Republic" (branch in the city of Votkinsk), post office

Deadlines for completing apartment renovations

A mandatory condition is the display of the date of commencement of work and its completion (Article 708 of the Civil Code of the Russian Federation). Therefore, before setting deadlines, it is necessary for the parties to the transaction to agree on dates and stipulate the conditions for extending deadlines, as well as liability for non-compliance.

Note. Depending on the circumstances, the deadlines for completing the work may be adjusted by mutual agreement.

Rights and obligations under a construction contract in 2021

When drawing up a DRC, each party to the agreement must stipulate the terms of the transaction, showing the obligations of each party.
To do this, before signing the Contract of Contract, the Contractor must, at the request of the Customer, provide information about the services provided. Information must necessarily display:

Cost of repair work.
Calculation form.
Types and features of services provided.
Information about the specialist who will be entrusted with the renovation of the apartment, indicating his experience, qualifications, etc.

Only after receiving all the information about the Contractor and making sure of his integrity, can you conclude an agreement, displaying the terms and responsibilities of the parties for non-compliance with the agreement.

Signing the contract

Everything is simple here - you sign two copies of the contract, and the contractor’s representative does the same. One copy remains with you, the other with the company.

What is important to check here? Identity of instances. They must match word for word. The representative was told about another rather unpleasant case - the client signed a copy of the agreement without looking. One (with the conditions he needed) remained with him, the second - with the company. As a result, when the repairs did not go at all according to plan and he sued, he lost the case - the company’s copy (with his signature) had completely different conditions and terms written. Therefore, we urge you to be vigilant.

Complete turnkey apartment renovation

Everything is included The cost of repairs includes everything: work, materials, documents.
Without your participation After agreeing on the project, we only bother the owners when the repairs are completed.
The price is known in advance. The cost of repairs is fixed in the contract.
Fixed repair period Turnkey apartment renovation in 3.5 months. The term is fixed in the contract.

Rights and obligations of the customer

Standard responsibilities of the Customer include:

Providing the necessary materials for repairing the apartment, if the Contractor does not have them.
Ensuring that the apartment is prepared for the start of work.
Providing the Contractor with premises for workers and for storing materials.
Making payments at the specified time, in the specified amount.
Providing the ability to turn off the heating and water supply risers, and pressure test the system if the plumbing is to be repaired.
Turn off the power supply, if necessary.
Timely acceptance of completed repairs, in accordance with the terms of the concluded agreement.

The customer has the right:

Carry out constant quality control of repair work.
Cancel the contract at any time, subject to mandatory payment for the repair work performed. If this is prohibited by the agreement, then such an agreement is considered invalid (Article 731 of the Civil Code of the Russian Federation).
Demand that the Contractor correct defects made during repairs.
Refuse additional payment of remuneration if the Contractor made mistakes that led to damage to property.

Rights and obligations of the performer

The standard responsibilities of the Contractor include:

Carrying out all repair work reflected in the agreement in accordance with the requirements (SNiP), Gosgortekhnadzor rules, and sanitary standards in force in the Russian Federation.
Compliance with repair deadlines according to the agreement.
Compliance with safety precautions and fire safety regulations during repairs.
Correction of violations and defects identified during the delivery of the object.
Upon completion of repairs, hand over the object free of construction tools and debris.

The performer has the right:

Involve third parties to carry out repairs in the apartment that require special permits.
Terminate the agreement if the Customer does not comply with the conditions or changes them.

( Video : “Contract for repair and construction work of an individual entrepreneur with an individual”)

Why is a contract needed?

A team that promises to do quality repairs can always be found through advertisements. Today there are many such masters and offers. Often it is enough to agree verbally and not draw up any documents.

However, you should not neglect drawing up a written contract, where you can reflect all the points regarding the scope of work, their quality, cost and deadlines. Otherwise, the repair may drag on indefinitely and the estimate will increase during this period.

It should be noted that the agreement is beneficial for both parties:

the customer will be confident that the work is completed on time and in full;
the performer that all his work will be paid.

Rights and obligations are secured only in documents, and if problems arise, it is possible to prove that a party is wrong only by presenting the contract.

Responsibility of the parties under the contract for apartment repairs

When filling out the DRC, it is necessary to indicate in the appropriate section the responsibility of the parties in case of non-compliance with the agreement. The responsibility of the parties can be expressed by the following points:

The parties to the transaction bear financial responsibility, in accordance with the current legislation of the Russian Federation, for failure to comply with obligations under the concluded agreement.
The contractor is responsible for damage to third parties when performing repair work.
If the terms of repair work are violated, the Contractor is subject to penalties in the amount of **% of the cost of unfinished work, but not more than **% of the estimated cost of the DRC.
If the terms of settlements with the Contractor are violated, the Customer is subject to penalties in the amount of **% of the amount of the unpaid amount, but not more than **% of the estimated cost of the WPC.

Termination of an agreement

Art.
32 of the Law of the Russian Federation No. 2300-1 (as amended on 05/05/2014) 02/07/1992 “On the Protection of Consumer Rights” states that the consumer has the right to terminate the DRC at any period, subject to settlement with the contractor for the costs actually incurred by him related to fulfillment of obligations under the concluded agreement. When registering a DRC, you can specify the following conditions for termination of the agreement:

For example, early termination of an agreement for the renovation of an apartment can be carried out by written mutual consent of the parties to the transaction under the conditions provided for by the current legislation of the Russian Federation.
The Contractor has the right to terminate the agreement unilaterally if the Customer stops work for more than one week, for reasons beyond the control of the Contractor.
A participant in a transaction who decides to terminate the agreement on the grounds regulated by clauses 9.1-9.4 is obliged to notify the other participant in writing.
If the agreement is terminated on the basis of clause 9.3. and 9.4., each participant is obliged to compensate the other participant for the actual fulfilled obligations reflected in the agreement.

We agree on the contract

Where does the contract actually come from? There are two options: either the company provides you with its standard text, or you download a template from the Internet and “customize” it for yourself.

In the first case:

Read the text carefully. Don't miss footnotes, small print, or veiled terms that are inconvenient to you. If any point is misunderstood, ask for it to be clarified.
Make sure that all terms of cooperation are included in the contract. If a contractor refuses to pay, for example, an amount, indicating too much of a gap, or does not write clear deadlines without clear reasons, this is a reason to be wary.

In the second:

Take notes as you talk with the foreman. Insist on a more or less clearly stated total amount and deadlines. Write down the quantities of material needed and how much.
Be sure to stipulate subcontracts, who provides the tool (under no circumstances agree to provide it yourself), be sure to stipulate the payment schedule and interim deadlines (which work will be completed by which day).
Give the notes to the foreman to read and ask him to endorse (signature, date, full name). Subsequently, these notes will be attached to the contract.
Include all terms and conditions in the contract. The contract is ready.

Important information!

If you are not sure about the contract that the company offers you (or the form downloaded from the Internet), contact a lawyer. He will help you adjust the contract and tell you where pitfalls may be hidden. A small fee to a lawyer is the key to your peace of mind in the future.

Another important nuance - if a company offers you its contract, be sure to check whether such a company even exists. After all, literally anyone can order a website and make a stamp.

After receiving your copy of the contract with the specified company details, go to the official website of the Federal Tax Service of the Russian Federation. If a company with such data is not in the register, it does not exist in principle. Suing them will then take a long time and will almost certainly be useless.

Other terms of the agreement

This section of the DRC displays additional conditions that clarify the main points of the agreement. For example, in an agreement between individuals you can display:

A method of formalizing the acceptance of completed work, for example, by an acceptance certificate signed by both parties to the transaction.
Additional liability of the parties in case of non-compliance with the terms of the agreement, indicating the amount of the penalty.
Presentation of documents regarding the price of purchased materials for repairs (receipts, receipts).
Conditions for changing the contract.
The number of copies, agreements having the same legal force, etc.

Signatures of the parties to the agreement

Any agreement drawn up between the parties must be signed by the parties to the transaction. The same applies to the DRC. After filling out the document, the parties are required to re-read it and correct errors and inaccuracies. If any are found, then rewrite the document. The finally verified agreement must be personally signed by the individuals between whom the agreement is concluded, or by representatives of the parties if the agreement is concluded between legal entities. persons.

Final provisions and signing of the document

The conclusion specifies all previously undescribed circumstances, methods for making changes to the contract and a list of accompanying documentation.

The law requires that agreements between individuals be concluded at a transaction price of more than 10,000 (ten thousand) rubles in simple written form, which does not require certification by a notary or in any other way.

Handwritten signature is sufficient confirmation that the transaction is legally concluded.

How to properly draw up a contract for apartment renovation in 2021?

The DRC does not have a unified template approved by the legislation of the Russian Federation, so it can be drawn up arbitrarily, but in compliance with the structural sections inherent in such agreements.
You can fill out the contract manually, but it is better to type it on a computer and, after checking the text, print it on a printer. When filling out the document, you must display the following:

You need to start filling out the contract with its name. In this case, “CONTRACT AGREEMENT for apartment renovation”
Then fill out the preamble, where you will need to display the details of the participants who entered into the agreement (Customer and Contractor).
Next, you need to fill out the “SUBJECT OF THE AGREEMENT” section, indicating:

Apartment location addresses.
List of repair work.
Start and completion dates of repairs

The following section displays the cost of the services provided, indicating:

Scope of work.
The timing of completion of the entire complex of work or stages, if the volume of repairs is large.
Conditions for possible adjustment of deadlines, etc.

If there is an estimate showing a list of repair work, building materials and their cost, then the section provides a link to the estimate, which becomes an annex to the contract.
The next section “Rights and obligations of the parties” is filled out by agreement between the parties to the transaction. Rights and obligations must comply with the current legislation of the Russian Federation. Here you will need to display separately the rights and obligations of the Customer, and separately - the Contractor.

The contract cannot be complete if the document does not reflect the procedure for transferring the object by the contractor who completed the repair to the customer. The terms of the transfer are filled out in the section “PROCEDURE FOR DELIVERY, ACCEPTANCE AND PAYMENT FOR WORK”, as agreed by the parties.
Since any renovation of an apartment is quite expensive, an indispensable condition will be to display warranty obligations in the agreement on the part of the Contractor, where it will be necessary to display what the Contractor is obliged to do if defects are identified during the warranty period of the delivered object.
And as in any agreement, before its conclusion, the parties stipulate the responsibility of the parties, in case of non-compliance with the terms of the agreement, where penalties and the amount of penalties are displayed. The list of penalties is filled out in the section “RESPONSIBILITY OF THE PARTIES”. In the contract, it is necessary to fill out the section of force majeure circumstances, providing the parties to the transaction with protection in the form of release from obligations in case of unpredictable circumstances (earthquake and other natural disasters).
Then, you will need to fill out the “RESOLVATION OF DISPUTES AND DISPUTES” section, where you will provide options for resolving conflict situations if they arise.
Next, you can fill out the following sections “DURATION AND PROCEDURE FOR TERMINATION OF THE AGREEMENT” and “OTHER CONDITIONS”, in which you will need to display the period of the agreement that has legal status, the conditions for its termination, as well as additional conditions not displayed in the previous sections.
The execution of the agreement is completed by filling out the legal addresses of the parties to the transaction and bank details. After which, the document will need to be checked for literacy and correctness, followed by the signing of the agreement by the parties.

An apartment renovation agreement concluded between individuals is usually one-time in nature.

Concluding a construction contract: step-by-step instructions

In short, the contract must first be drawn up, then approved and signed. As a rule, officially registered repairmen already have ready-made samples. Your task is to check that they comply with legal standards, and that all attached documentation fully reflects your wishes for repairs.

Situations often occur in which the contractor misunderstood the customer, did something wrong, and when going to court it turned out that there were no clear written instructions on this topic. As a result, you will not see the desired result or compensation.

Sample contract for apartment renovation in 2021

Contract price

An important element of the concluded transaction is the clause on the cost of the work performed. The price of the work is calculated in accordance with the characteristics of the room in which it will be performed and depends on the number of square meters. It is important to note that the cost of services is fixed and cannot change during the execution of work. So the cost section looks like this:

The cost of the work, taking into account the provision of necessary materials by the customer, is estimated at 45,580 (Forty-five thousand five hundred eighty) rubles 00 kopecks. Payment is made by transferring funds in cash to the Contractor at the time of acceptance and delivery of completed work.