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Publication date: 26.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The contract for the execution of design and estimate documentation and search works is an important document that regulates the relationship between the customer and the contractor. Here are the main elements that can be included in such a contract:
- Parties to the contract. Name and details of the customer and contractor. Rights and obligations of each party.
- Subject of the contract. Description of the works being performed (design, compilation of estimate documentation, search works). Terms of reference and requirements for the project.
- Terms of performance of works. Date of commencement and completion of works. Intermediate stages (if any).
- Cost of work and payment procedure. Total cost of works, order and schedule of payments. Conditions for price adjustment (if necessary).
- Final results. Description of the documentation to be submitted and requirements for the quality and format of the results.
- Responsibility of the parties. Liability for non-fulfillment or improper fulfillment of the terms of the contract.
- Force majeure. Conditions under which the parties are released from liability for non-fulfillment of the contract.
It is recommended that you consult with a legal professional to review and prepare this document to take into account all the specific nuances of your project and meet the requirements of applicable law.
Question
Who are the parties to the contract?
Answer
Customer: Organization or person who initiates the project and finances its implementation.
Contractor: An organization or person who undertakes to perform design and exploration work. The name, legal address, identification code (for legal entities) or passport data (for individuals) are indicated. The contract also specifies the authorized representatives of each party, their contact details and duties.
Question
What can be the subject of the contract?
Answer
Design and estimate documentation are documents that contain a detailed description of the project, the cost of materials, works and other costs. They are the basis for planning and implementing construction or reconstruction projects.
Prospecting is research and gathering of information, which may include geological, geodetic, environmental or other types of research, which are necessary for correct design and cost estimation.
Obligations of the contractor:
- Perform work in accordance with the initial data for design and the terms of the contract.
- Coordinate the finished design and estimate documentation with the customer and, if necessary, with the authorized bodies of state power and local self-government bodies.
- Transfer the finished documentation and search results to the customer.
- Do not transfer project documentation to third parties without the customer's consent.
- Guarantee that third parties do not have the right to prevent or limit the performance of works based on project documentation.
- Free of charge to redo the documentation or carry out additional research, as well as to compensate for damages in case of defects.
Duties of the customer:
- Accept the developed project or technical documentation and the results of search works.
- Transfer design tasks to the contractor and other initial data for drawing up documentation.
- Pay the contractor the set price after completion of the work or in installments in accordance with the contract.
- Use project documentation only for the purposes of the contract, do not transfer it to other persons and do not disclose it without the consent of the contractor.
- Provide the contractor with the necessary services to perform the work.
- Participate in the coordination of documentation with authorized bodies.
- Reimbursement to the contractor for additional costs associated with changing the source data.
Contract conclusion procedure
The procedure for concluding a contract for the execution of design and estimate documentation and search works includes several main stages:
- The customer develops and provides a technical task containing requirements for design and estimate documentation and search works. The contractor prepares the necessary documents to confirm his qualifications (licenses, certificates, registration data, etc.).
- The customer and the contractor discuss the terms of the contract, including the scope of work, terms, cost and terms of payment. The contractor prepares a draft contract based on the negotiated conditions.
- In the case of a large project, a tender may be held to select a contractor. The customer evaluates offers from various contractors and chooses the most suitable one.
- The parties agree on the final version of the contract. Both parties sign the contract, which comes into force from the date of signing or another date specified in the contract.
- The contractor performs the work in accordance with the contract. The customer monitors the performance of the works and accepts them within the specified time.
- The customer checks the finished design and estimate documentation and the results of search works. Compilation and signing of the act of acceptance of completed works.
All stages must be documented and agreed in order to avoid possible disputes and to ensure the execution of the contract in accordance with current legislation.
Assistance of a lawyer in concluding a contract:
The services of a lawyer when concluding a contract can be extremely useful in ensuring legal clarity and security of the agreement. Here are the types of legal services you will need:
Lawyer consultation and legal analysis of the situation: Lawyers online check the terms of reference for compliance with legislation and commercial standards. Identification of potential legal risks and recommendations for their minimization.
Legal services for the development and verification of documentation: the lawyer develops or adapts the draft contract in accordance with the requirements of the law and the specifics of the project. The lawyer checks the draft contract prepared by the other party to identify possible flaws or unfavorable conditions. A lawyer services online can participate in negotiations to ensure that the terms of the contract are fair and meet the client's interests.
Legal support: Preparation of specifications, annexes and accompanying documents to the contract. Preparation of the necessary legal documents for the conclusion of the contract. Verification of the legal status of the parties to the contract, their legal capacity and powers. Assessment of the legal consequences of the conclusion of the contract and possible legal consequences for the parties.
Lawyer services to resolve disputed issues: In case of disputes, a lawyer can act as a representative. Both pre-trial ways of dispute settlement (writing claims, mediation) and through the court proceedings are implemented.
A lawyer advice ensures the legal security of the contract, minimizes risks and helps avoid possible problems in the future. In general, the services of a lawyer ensure the legal security of the agreement and help to avoid many possible legal problems that may arise during the execution of the agreement.
