Why do you need to make changes to apartment renovation contract? Many perceive the concluded deal as something unshakable, and this is their mistake. Any agreement can be changed, supplemented or, conversely, partially canceled by mutual agreement. The law allows this to be done in a simple written form: the parties have the right to conclude an additional agreement to the contract at any time. This is convenient and beneficial for both parties (customer and contractor), because even in the process of repair, the conditions specified in the contract can be reformulated and adapted to real circumstances.
Reasons for changing the contract
Repairs rarely go according to the planned schedule and ideally fit into the deadlines allotted by the contract. And not always the reason for this is the dishonesty of the hired contractors (performers). Reasons for delays and downtime can be:
- the need for additional and unforeseen work at the time of the estimate (for example, when dismantling the old floor, it turned out that a screed repair was needed, which was not originally agreed upon);
- untimely delivery of materials (for example, the team cannot finish finishing on time due to the fact that the customer purchased a smaller volume of tiles than required, and its additional order requires waiting);
- the impossibility of carrying out work due to the delay in the performance of certain works by another contractor (for example, until the replacement of double-glazed windows by a window company is completed, it is impossible to complete puttying on adjacent walls, as well as to glue wallpaper);
- unsuitable climatic conditions (high humidity and low temperature in the absence of heating increases the drying period of plaster and screed);
- change in the scope of work to reduce the cost of repairs in general (option: according to the estimate, it is planned to lay parquet in the corridor of the apartment. But during the repair, it turned out that the floor in this place was too curved, and its alignment would increase the cost of work. As a result, the customer decided to refuse from parquet, and lay linoleum in the corridor).
Any of the above circumstances entails a change (or addition, cancellation) of the conditions originally prescribed in the contract:
- due to the increase in the volume of work, it is necessary to supplement the estimate, revise the total cost, and also increase the repair time;
- due to delays related to climatic conditions or the work of another contractor, the period of completion of a particular stage of work may increase;
- due to the removal of a specific type of work from the estimate or its replacement with another, the total cost of repairs and, possibly, the timing will also change.
Why is it important to make changes to the contract in writing?
The answer is simple: if the change in circumstances (the scope of work, prices, terms, etc.) is not fixed in writing, then they will not have legal force.
That is, in the event of a dispute or litigation, it will be very difficult to prove in words that for a good reason it was impossible to meet the terms of the contract or that the scope of work and their price have changed.
Such situations can lead to underpayment for work or collection of forfeit (fines) for violation of the terms under the contract.
Real examples of losses due to the lack of a written agreement
Example
A contract was signed to replace the old laminate flooring in the apartment. 2 weeks from the date of signing the contract.
The estimated scope of work is as follows:
| № | Name | unit of measurement | Quantity (units) | Unit price, rub. |
Cost, rub. |
| 1. | Dismantling the laminate | m2 | 42 | 100 | 4200 |
| 2. | Substrate mounting | m2 | 42 | 60 | 2520 |
| 3. | Laminate installation | m2 | 42 | 200 | 8400 |
| Total: | 15120 | ||||
The contractor started work on time: he dismantled the screed (cost 200 rubles / m2 = 8400 rubles), removed and removed construction waste (4000 rubles), installed a new screed (cost 500 rubles / m2 = 21000 rubles). In the course of work after the dismantling of the old coating, it turned out that the screed was cracked and destroyed. As a result of this, it was decided to dismantle the screed and fill in a new one. The parties did not sign an agreement to change the terms of the contract, everything was discussed in words. The customer was aware that the screed dries within a month after pouring. Orally, he did not object to the extension of the repair period.
While the screed was drying (30 days), the contractor took on another object, where he spent 32 days. Upon returning to complete the laminate flooring work, the contractor was faced with customer dissatisfaction over a two-day delay. Having completed the laying of the laminate, the contractor demanded to pay him for the entire volume. To which the customer, dissatisfied with the delay, refused him. The situation turned into a conflict.
The angry customer said that he would pay only the amount specified in the contract (15,120 rubles). Additional work on the dismantling and pouring of the screed with a total cost of 33,400 rubles. the customer has not paid.
The contractor turned to legal advice with the intention of filing a lawsuit and forcibly recovering money from the customer. However, the forecast of lawyers for resolving the dispute in court was not positive. In the hands of the affected contractor was only a contract under which the customer had already paid in full.
Everything that was done outside the contract was done without paperwork and without witnesses. That is, there was no evidence base for the court. It was impossible to confirm that the contractor personally carried out additional work, and that their cost was agreed with the customer, it was impossible.
Bottom line: the contractor did not go to court in order to avoid the costs of legal services and court costs. He performed work for a total of 48,520 rubles, of which he was paid only 15,120. The amount of the loss was 33,400 rubles.
Another example
Signed a contract for the renovation of the bathroom. According to the estimate, a list of works has been established: pouring the screed, laying tiles on the floor and walls, installing plumbing (toilet, bathtub, sink). The work is carried out by two masters (contractors).
During the repair process, the customer, on the advice of friends, decided to make a heated floor in the bathroom. The customer independently bought it and brought it to the apartment. He verbally announced his decision to one of the contractors and said that the electric underfloor heating should be laid in a screed. He promised to pay for this additional work after the fact. No written documents were produced.
By coincidence, one of the contractors forgot to pass this information on to his partner. And the screed was filled without installing a warm floor.
When the repair was completed, the customer came to the apartment to accept and pay for the work of the craftsmen. Seeing that the warm floor was not laid in a screed, the customer made a scandal and refused to pay for the work. He insisted that the craftsmen caused him losses, because now, in order to make a warm floor, it is necessary to dismantle the tile and screed and start all work again.
To this, one of the contractors (who directly performed the work on pouring the screed) objected that no one had given him instructions about the warm floor. All his actions were carried out in strict accordance with the estimate and the concluded contract.
Due to the customer's refusal to pay for the repair, the contractor was forced to file a claim and then go to court. The customer filed a counterclaim for damages, referring to the fact that he has a witness (one of the contractors) who will confirm that the instruction to install the underfloor heating was given.
The court did not take the side of the client.
Reasons:
An agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise provided by law, other legal acts, contract or customs. (Clause 1, Article 452 of the Civil Code of the Russian Federation).
That is, if the contract was concluded in writing, then all changes (additions) to it must also be drawn up in writing. In the absence of documentary registration of changes, the contract continues to operate in its original form. Therefore, the contractor, guided by the contract and the estimate, acted lawfully. He was not obliged to deviate from the estimate and perform additional work.
The court did not take into account the arguments of the customer that he gave an oral instruction to one of the masters, because:
- oral negotiations do not change the concluded contract;
- between the customer and the contractors, an agreement was not reached on the essential conditions: the timing of the additional works, their volume and cost. That is, the customer did not receive consent from the contractors for laying the underfloor heating (one of the masters did not know about this at all). No one agreed on the cost of these works and the deadline for their implementation.
Bottom line: The customer lost the court, and was forced to pay all the work to the contractors in full. The dismantling of tiles and screeds and the laying of a warm floor in the bathroom can be performed by the customer only at his own expense.