Contract for construction and design works - Civil law. The special part

Contract for design and survey work

According to the contract for design and survey work, the contractor (designer, prospector) undertakes, on the instructions of the customer, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their result.

Contractual relations for the performance of design and survey work are regulated primarily by the special rules contained in § 4 Ch. 37 GC "Contract for the performance of design and survey work". General provisions on the contract (§ 1 of Chapter 37 of the Civil Code) are applied to these contractual relations, unless otherwise stipulated by the relevant legislative acts.

Contractors and contractor ( designer , prospector). They can be the same people as in the construction contract. However, the customer may be the contractor for the specified contract in those cases when the obligation to develop the relevant technical documentation is on it, and it does not have the ability to perform such work independently.

According to Part 2 of Art. 47, part 4 of Art. 48 of the United States Town Planning Code, the types of work on engineering surveys, as well as the preparation of project documentation that affect the safety of capital construction facilities, must be carried out only by individual entrepreneurs or legal entities that have issued certificates of admission to such types of work issued by the self-regulatory organization. Other kinds of works on engineering surveys, on preparation of project documentation can be carried out by any physical or legal persons. The list of types of works on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities is approved by Order No. 624 of the Ministry of Regional Development of the United States of 30.12.2009.

For the contract of design and exploration work, as for the construction contract, general contracting system is characteristic. For certain types of work, sections or parts of technical documentation the customer has the right, with the consent of the contractor, to conclude direct contracts.

The subject of the contract for the execution of design and survey works are the preparation of the design estimates (part, section) required for the construction (for design organizations) and preparation of the materials necessary for the correct and economically feasible solution of the main design issues, construction and operation of enterprises, buildings and structures (for survey organizations).

Price for the technical documentation to be developed is established when concluding the contract. In its definition, the customer and the contractor (designer, prospector) participate, regardless of what form of ownership their activity is based on.

An essential condition of the contract for the performance of design and survey works is also the term of the performance of the contract. In the contract, the parties must determine the initial and final deadlines for the performance of these works. By agreement between them, the deadlines for completing certain stages of work may be envisaged (paragraph 1 of Article 708 of the Civil Code).

The contract for the execution of design and survey work is in writing.

The duties of the contractor (designer, prospector) are defined in art. 760 GK. The main one is the fulfillment of the works stipulated by the contract within the period established by it and in accordance with the task and other initial data for design and the contract, as well as complying with the requirements of normative and technical documents for design, including construction norms and rules, norms of technological design, standards and technical conditions for building materials, parts and structures, etc. The ready technical documentation and the results of the survey work the contractor Yazan transfer to the customer. Transfer of the manufactured technical documentation to third parties is allowed only with the consent of the customer (clause 1 of article 760 of the Civil Code).

The main duty of the customer is to accept the result of design or survey work (corresponding technical and other documentation) and pay for it (Article 758 GK). At the same time payment to the contractor of the established price can be made completely after the completion of all works or parts after completion of individual stages of work.

In accordance with the Regulations on the organization and conduct of state expertise of design documentation and engineering survey results approved by US Government Resolution No. 145 of 05.03.2007 (paragraph 5), prior to the approval of the project documentation by the customer, this documentation and the results of engineering surveys carried out for its preparation, are subject to state expertise, in the following cases:

a) design documentation and (or) engineering surveys were carried out in respect of capital construction objects specified in part 3.4 of Art. 49 Town Planning Code of the United States;

b) there is a combination of the following circumstances:

- conducting state expertise or non-state expertise of project documentation and (or) the results of engineering surveys is mandatory;

- the developer or technical customer (hereinafter referred to as the applicant) decided to conduct a state examination (except for the case specified in the sub-clause "a" of clause 5 of this Regulation);

c) conducting state expertise or non-state expertise of project documentation and (or) the results of engineering surveys is not mandatory in accordance with Part 2, 3 and 3.1 of Art. 49 Urban Development Code of the United States, but the applicant decided to send the project documentation and (or) the results of engineering surveys for state expertise.

Depending on the type of capital construction facilities, such an examination is carried out by a government agency subordinated to the Ministry of Regional Development of the United States, federal executive bodies authorized to conduct this examination by decrees of the President of the United States, the executive authority of Moscow (until 2013; located in the territory of Moscow unique objects) authorized to conduct the same examination by executive authorities of the United States or their jurisdiction art institutions at the location of the land plot on which it is planned to build, reconstruct and (or) overhaul the capital construction site.

Acceptance of technical and other documentation prepared in accordance with the contract for the execution of design and survey works is formalized by the act of acceptance.

The final payment for the completed technical documentation is made after its acceptance and confirmation by the customer of the compliance of the design solutions with the technical and economic indicators established in the project assignment, with the positive conclusion of the examination.

The norms of the Civil Code contain instructions on the responsibility of the contractor under the contract for the execution of design and survey work. According to Art. 761 CC it is responsible for improper preparation of technical documentation and performance of survey works, including shortcomings, discovered later during construction, as well as in the operation of the facility, created on the basis of technical documentation and survey data. If defects in technical documentation or in survey works are found, the contractor, at the request of the customer, is obliged to re-do the technical documentation free of charge and, accordingly, to perform the necessary additional survey work, and also compensate the customer for the losses incurred, unless otherwise stipulated by law or contract.

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