Contract for apartment renovation - the main document necessary for formalizing the relationship between the customer and the contractor. The conclusion of the contract is exclusively beneficial to both partiesso don't forget to sign it. This legal the document contains all the essential conditions for the provision of repair services - cost, volume and types of work, deadlines, responsibility of the parties.
Download a sample professional contract for apartment renovation
A clear statement of the terms in the text of the transaction establishes the obligations of the parties to each other:
- The contractor (foreman) is obliged to carry out repairs with high quality and on time, and the customer (owner) is obliged to accept the work performed and pay their cost on time.
- The presence of a properly executed agreement on the repair of an apartment will avoid disputes and conflict situations, and will also make it difficult for the parties to evade their obligations.
What is a contract for?
If, when choosing between a construction company, an individual entrepreneur and an individual as a contractor for the provision of apartment renovation services, you settled on the latter, you should not refuse to conclude an agreement, because it has legal force regardless of the status of the signatories.
Many, when starting a repair, are primarily concerned about reducing the cost and speeding up its implementation, while certain issues of organizing the process remain unresolved.
Before the start of repair work, it rarely occurs to the inhabitants to take care of clearly fixing the way to resolve some issues:
- who purchases and delivers the necessary building materials to the facility;
- how is the accounting of funds spent on the purchase of materials;
- How is work accepted?
- what document confirms the fact of payment;
- in which cases the contractor is liable for defects and shortcomings of the repair.
By concluding a competent contract with an indication of the conditions that are important for you to carry out repair work, you will protect yourself from the troubles associated with the unwillingness of the party to the contract to bear responsibility.
Preferring to “deal with emerging problems as they arise,” apartment owners often face the refusal of work contractors to be held responsible for certain circumstances. For example, for damage caused by negligence to the property of the customer or neighbors, failure to ensure the safety of building materials, purchase and use of low-quality materials in work. If there is no contractual relationship between the customer and the contractor, it will be difficult to protect your rights or claim damages.
What conditions need to be written?
According to the current legislation, the terms of transactions are divided into essential (mandatory to be indicated in the text) and additional (prescribed at the request of the parties).
Consider all the basic conditions for a contract for the repair of an apartment, concluded between individuals.
Essential conditions
Mandatory conditions include:
Subject of the contract
A clear description (types, scope and content) of the work for which the contract was concluded.
Turnaround time
Repair start and end dates are required. If the work is carried out in stages, the start and end dates of each stage are prescribed.
Additional terms
The following points are prescribed in the contract at the request of the customer.
Contractor's reporting to the customer
If there is an agreement that the contractor himself purchases the necessary building materials, it would be useful to provide for his obligation to provide the customer with the original sales receipts and receipts confirming the expenditure of funds for the purchase of materials.
Cost of work
It does not apply to essential conditions, but it is recommended to indicate prices either in the text of the contract or in the attached estimate. If the contract does not contain an indication of the cost, then, in accordance with the law, the average prices established in the region for the performance of similar work are applied.
Acceptance of work performed
It is better to clearly state this condition in the text of the contract, since, according to the law, this process is drawn up in a separate document - an act that is signed by both the customer and the contractor. In the absence of an act, if necessary (for example, in court), it will be impossible to prove the fact that the work was completed and accepted by the customer.
Work guarantee
According to article No. 724 of the Civil Code of the Russian Federation, the minimum warranty period for all work performed is 2 years. But no one forbids specifying a period longer than specified in the law. A good master can give a guarantee of up to 5 years!
Responsibility of the parties
The importance of including this condition in the contract does not require explanation. At your discretion, you can prescribe in which cases liability arises (violation of the terms of the transaction, delay in fulfilling obligations, etc.), the amount of damages (for example, a fixed sum of money or a percentage of the total contract price), set the amount of a fine or penalty.
Validity
Many mistakenly believe that the contract is valid only within the time frame prescribed in it. This is not true. The contract clearly indicates the date of completion of the work, but if the repair was not completed by this day, the contract continues to be valid on the same terms (with a delay in performance) until all obligations under it are fulfilled in full by both parties.
Dispute Resolution
It is important to indicate ways to resolve disputes.
Grounds and procedure for termination
It happens that the parties cannot continue cooperation for one reason or another. To do this, it is necessary to provide for the procedure for terminating the contract.
Final provisions and signing of the document
The conclusion prescribes all previously undescribed circumstances, ways to amend the contract and the list of accompanying documentation.
The law prescribes that contracts be concluded between individuals with a transaction value of more than 10,000 (ten thousand) rubles in a simple written form that does not require certification by a notary or otherwise.
Handwritten signing is a sufficient confirmation that the transaction is concluded legally competently.
estimate
If the list of work performed is extensive, it makes sense to draw up a detailed estimate indicating their types and cost. It is attached to the contract and certified by the signatures of the customer and contractor. After signing the estimate, the established price can no longer be changed unilaterally.
The estimate should be as detailed as possible, indicating the types of work, their quantity, the cost per unit of measurement and the total cost!
Download a sample professional contract for apartment renovation ???
And here is what the completed estimate should look like:
Acceptance certificate
It is useful to approve a sample act of acceptance of work. This document is necessary to confirm that certain works were performed by the contractor and accepted by the customer. Also in the act, you can prescribe separate paragraph with the text of the receipt for receiving money from the contractor. If the works are accepted by the customer without comments and he is ready to pay their cost to the contractor, the fact of acceptance of the work and the fact of transfer of money to the contractor will be confirmed by one document.
Download a sample professional contract for apartment renovation ???
How to make changes to the contract and estimate?
It often happens that during the repair process, work appears that was not originally planned, or vice versa, something no longer needs to be done. In this regard, the scope of work, the total cost and even the timing of their implementation are changing.
All changes should be documented with additional agreement, which indicates the new cost of repairs, deadlines and approves a new version of the estimate. There can be several agreements: as many as you need during the repair process.
The agreement can be downloaded from link >>>
An additional agreement, as well as a contract, may have accompanying documentation (appendices).
Helpful Design Tips
Here are some tips to help you get the contract right:
- Full passport details of both parties are mandatory.
- We must not forget to indicate the address of the apartment in which the repair is being done.
- All appendices to the contract must be signed by both parties.
Download a sample contract
A sample of a standard contractor agreement, as well as templates of the act of acceptance of work performed and estimates for repair work, drawn up as annexes to it, can be downloaded from the link:
Download a sample professional contract for apartment renovation ???