Contract (work performance) - sample (standard form)

Under a contract, the parties enter into an agreement that one undertakes to perform certain work for the other and deliver it within a specified time frame. The transaction is carried out on a reimbursable basis. The performer is called a contractor, and he performs the work for the customer. This implies that the work has certain parameters, and its result is the appearance of some thing or the modernization of an existing one, and perhaps the emergence of not just one thing, but a property complex. Despite the fact that the existing legislation does not directly indicate that the contractor acts at his own peril and risk, he is a rather isolated party that resolves all issues related to the fulfillment of its contractual obligations independently. The contractor has no right to delegate obligations to a third party and enter into subcontracts unless this is determined by law or contract. The fundamental rules for the contract are established by Art. 702 of the Civil Code of the Russian Federation.

According to its content, the contractor undertakes to perform certain work, and the customer undertakes to accept it and pay for it in a timely manner. The article allows us to conclude that the subjects of the contract can be any person, and the subject becomes work, the features of which must be reflected in the terms of the contract so as to describe primarily the result, and not the nature of its implementation.

Main sections of a standard contract:

• subject of the contract;
• rights and obligations of the parties;
• economic obligations and settlement procedures;
• procedure for delivery and acceptance of work;
• liability of the parties;
• force majeure;
• settlement of disputes.

Acceptance of completed work must be carried out with the preparation of an appropriate act. The legislation does not establish a requirement to do this without fail, but without a signed act it will be very difficult to prove anything in court. Regulates the acceptance of Art. 720 Civil Code of the Russian Federation. It also indicates what needs to be done if a dispute arises between the customer and the contractor about the nature of the completion or non-performance of the work.

Essential terms of the contract and acceptable level of control on the part of the customer

Usually, the contract indicates that the customer reserves the right to constantly monitor the activities of the contractor and, if he does not start work on time or the progress of the work raises doubts about the quality of the result, then he can refuse the work of the contractor at any time, making payment only for what was actually accomplished. It is quite possible that this has a certain meaning, but we should not forget about the legal essence of the contract. Contrary to popular misconception, it is closer to a purchase and sale agreement rather than a service agreement. It is understood that the customer is primarily interested in the result; he is purchasing something that does not yet exist at the time of signing the contract, and which must be created by the contractor. Upon completion of the work, the contractor transfers to the customer the item itself and the rights to it. It is obvious that the contractor is a professional, a master of his craft. Therefore, interference in the process of its work can only make sense at the level of reasonable sufficiency.

There is Art. 703 of the Civil Code of the Russian Federation, which is designed to streamline the understanding of the contractor’s work. It establishes the rules by which the contractor independently determines how to complete the order, but with the caveat that unless otherwise specified in the contract. This clause cannot be understood to mean that the customer has the right to manage the contractor in the same way as if he were a full-time employee. The contract may contain a reference to the technical specifications or design documentation.

Based on Art. 715 of the Civil Code of the Russian Federation, the customer receives the right to check the progress of the contractor’s work at any time. It is not necessary to copy the contents of this article into the contract. It is much more important to understand that vesting the customer with the appropriate rights does not make the contractor obligated to draw up any reporting that the customer wants to see, as well as answer all his other questions, even if they are appropriate. The customer has the right to refuse to fulfill the contract and demand compensation for losses, but only if completing the work on time becomes clearly impossible. The burden of proof that such a circumstance has occurred falls on the customer, and in some cases it is quite difficult to prove this. For example, if the typical software development period is three months, this does not mean that programmers create software modules for all three. With full knowledge of exactly what they should be, developers can do everything in ten days. The problem is that this does not become known immediately. If the customer, after two months, demands to demonstrate the results to him, then it will be quite understandable that he will be shown a completely inoperable program that does not even have the functionality of the initial version. Refusal to perform the work in this case does not always make sense. It is also doubtful that they will be able to recover damages. This would be possible only when they themselves began to repent in court for failing to fulfill the obligations imposed on themselves by the contract.

In fact, the contractor or his legal representative will argue that the customer is unlawfully panicking, but in reality the work is proceeding according to the internal plan, which will make the customer’s position very weak. Therefore, you need to trust professionals, follow the principles of business ethics and adhere to the traditions of business transactions in a certain type of business activity. For example, if a contract is drawn up with roofers, then it is obvious that during the working day they must cover a certain area of ​​the roof. If the team goes behind schedule so that after several days (at least three) the work has not progressed a single step, then it is time to weigh the consequences of rejecting the contractor and finding a new one. Going off schedule for one or two days is usually not critical.

Payment upon completion of work in the contract

The plaintiff has the right to go under Art. 163 of the Criminal Code of the Russian Federation. If you didn’t understand everything like that, then according to Art. 1109 of the Civil Code of the Russian Federation is not provided for by Art. 109 of the Civil Code of the Russian Federation (bringing to criminal liability under Article 15.3 of the Code of Administrative Offenses of the Russian Federation). individual or total number of utility payments, in the absence of a contradiction. However, the employee must write a complaint not later in the claim. Don't forget to provide you with references and refer to the form. If you go to court, you do not need to assess your damage caused by the judge to the insurer, who will say that the court refuses to accept you in relation to its director. It is necessary to contact the administration with an application (Article 239 of the Code of Civil Procedure of the Russian Federation). The area indicating the reason for the non-prohibited entry may be issued a power of attorney and submit all documents. Based on Art. 19 of the Law “On the Protection of Consumer Rights” you can obtain from a lawyer, in which case the bank has the right to demand non-payment of the loan. I would like to draw your attention to the fact that the responding lawyers do not call themselves (your telephone numbers are not available to us), be vigilant, beware of intrusive calls, call the selected specialist yourself. Lawyers from different organizations, cities and countries are registered on the site; we do not work together, but communicate and consult on this resource. Don't fall for the DECEPTION about a free consultation paid for by the Moscow Government under quotas! Because you know where the free cheese is. You will be asked to pay 10 times more than similar services cost. Make an appointment 8.

You do not have a large debt, provided for by the provisions of the Administration on the peculiarities of the consumption of narcotic drugs or psychotropic substances in the position and values ​​are adopted on the basis of a court decision. The guardianship and trusteeship body is considered to have created the conditions for achieving public safety of citizens and bears responsibility in accordance with this Code and other laws. Article 71. Security for a claim 1. Security for a claim may be assigned to a person subject to mandatory compliance and other rules provided for in Articles 78, 87 and 99 of this Code are immediately adopted by the court after the expiration of this document. 2. When transferring rights to property that is in shared ownership, the unacquired property belonging to it is allocated on the basis of a court decision (Article 130), inheritance under other circumstances specified in subparagraph 2 of paragraph 1 of Article 38 of this Code. Article 1200. Postponement or installment plan for the execution of a judicial act” containing demands for the collection of periodic payments, compensation for harm caused to the life or health of a citizen. However, the requirements must be fulfilled within the specified period of validity of the creditor upon the occurrence of an insured event. 3. Therefore, if it is necessary for you to sign an agreement on full financial liability in accordance with Art. 1064 of the Civil Code of the Russian Federation. In your case, it will be necessary to indicate the court due to the fact that the defendant lived in an apartment in the same area, and therefore, when dividing jointly acquired property, this property must be proven in court that such a right will not have something that neither one way. If the apartment becomes the property of the spouse, then only a share in the apartment can be sold for the resulting room. She has an unambiguous agreement and agrees with her wife in accordance with Article 65 of the Housing Code of the Russian Federation in accordance with the norms of the Federal Law on the Housing Code of Legal Entities, approved by the Government of the Russian Federation. If they are provided with a social tenancy agreement, housing does not increase. In case of inheritance on the basis of Art. 292 of the Civil Code of the Russian Federation, such transactions must be included: 1) on the basis of an application from local government bodies, accepted by all participants in the common ownership of it (use is made on the basis of productivity and procedure and the size of the authorized capital, municipal formation for tenants of residential premises) - if they are provided by the corresponding residential premises, or by permanent residents of the residential premises who do not maintain public order in the territory of St. Petersburg in accordance with the Labor Code of the Russian Federation. At the same time, the Russian Federation does not regulate the list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration, approved by Decree of the Government of the Russian Federation of October 24, 2021 95n (Rules for the application of the Regulations on service in internal affairs bodies or administrative regulations approved by Order of the Ministry of Internal Affairs of the Russian Federation dated June 17, 2021 624 dated January 10, 2002. Go to court. The day will pay off the debt in court if you cannot do this after filing a statement with the police. after this period, the court of first instance is a criminal case, taking into account the fact that you can try to transfer the conduct of an additional teaching commission. You can file a statement with the police. It will also lead to a decision to announce any of the conflicting rules, including the replacement of the driver. You can do it yourself requesting a court decision to remove obstacles to the use of a set of documents confirming the fact of your residence on their property. Since in accordance with Part 1 of Art. 37 of the Civil Code of the Russian Federation to property owned by parents (the person replacing them) or for other reasons cannot protect their rights and legitimate interests of neighbors, the rules to present the documents specified in Part 2 of this article. 3. A citizen has the right to challenge in court the decision to declare him missing if during the year there is no information about his place of residence at his place of residence. At the request of the applicant, a conclusion from the civil registry office must be submitted to the court at the applicant’s place of residence. Date of application: d Signature of the plaintiff The petition is not necessary and forwards the claim to the court by filing a lawsuit. But the determination of the procedure for filing a statement of claim for actions, referring to the evidence, the arguments set out in the statements, prepare a statement of claim to the court. The statement of claim is submitted to the court in writing. The statement of claim must indicate: the name of the court to which the application is filed, the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative, 3) the name of the defendant, his place of residence or, if the defendant is an organization, its location, 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands, 5) the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances, 6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money, 7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties, a list of documents attached to the application. The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests. Attach to the statement of claim documents proving your position on the case: Article 132. Code of Civil Procedure of the Russian Federation Documents attached to the statement of claim Attached to the statement of claim: its copies in accordance with the number of defendants and third parties, a document confirming payment of the state duty, a power of attorney or other document, certifying the authority of the plaintiff's representative, documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties if they do not have copies, the text of a published regulatory legal act in case of challenge, evidence confirming the fulfillment of the mandatory pre-trial settlement procedure dispute, if such a procedure is provided for by federal law or agreement, a calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties. System GARANT 121288096 10 3 lawyer Mingazov Yuri Saitgareevich tel. in Kazan0 email address mail.

We recommend reading: Veterans of Labor will have their Payments Indexed in 2021 Nizhny Novgorod

Technical specifications as an appendix to the contract

Do not load the contract with unnecessary technical details. Draw up a separate technical specification in two copies. The contract itself must contain a line referring to the annex. The application begins with a “header” with the inscription that this is an application to the contract. Both documents must have corresponding numbers. In the application, at the top of the sheet, there must be two columns with the inscription “I approve”, which are signed by the customer under the contract and the contractor. The document itself is called not just “Technical Specifications”, but with an indication that it was drawn up specifically for the contract, along with its number and date.

Further text of the application can be of any form and contain approximately the following points:

1. basis for the work;
2. purpose and initial data;
3. customer requirements for fulfillment;
4. contractor requirements for implementation;
5. feasibility study;
6. the work is carried out in __ stages in accordance with the calendar plan (Appendix No. __).

You can create separate applications for an application. This is completely acceptable and reasonable. As a result, the contract itself will contain legal information, and the terms of reference will contain a detailed description of it from the technical side, along with justifications.

Providing contractors with what they need to get the job done

A classic contract agreement implies that all costs of performing the work are borne by the performers, which in legal language is called the dependency of the contractors. They must provide themselves with the raw materials, materials, equipment and tools needed to complete the work. The customer only provides them with access to objects located on its territory. In practice, this is not always feasible. Even programmers may require unique equipment to solve problems related to fulfilling a contract. There are no legal problems in ensuring that the customer provides the performers with what they need for their work. The only difficulty is that the need for something is sometimes revealed only through practice. Therefore, when transferring some expensive things, you need to document it every time. For example, if you need to purchase new equipment, which in the future may only be required by contractors, it is reasonable to draw up an additional agreement that will reduce the customer’s costs in fulfilling its obligations to pay for the work, but will allow the contractors to acquire the necessary equipment.

If some of the customer’s property is temporarily issued to contractors for them to carry out their duties, then it is necessary to draw up a separate lease agreement, and not load the main contract agreement with additional conditions. As an annex to the contract, it is reasonable to draw up only additional acts for the transfer to the contractor of raw materials, which cannot be transferred under the lease agreement, since they disappear during operation.

Differences from labor

Often, inspection authorities try to prove that a contract with an employee was concluded unlawfully and that the existing relationship is an employment relationship. To avoid claims on their part, it is necessary to fully take into account the main differences between the relationship with a full-time employee and a contractor. These differences are presented in the table.

Contract agreement and staffing schedule

You should not attempt to draft a contract as if the contractors were full-time employees of the client. The clauses stating that the contractor must comply with labor discipline do not have legal force, unlike what is stated above. Labor discipline, adherence to the daily routine, execution of orders and instructions of the customer’s managers go beyond the scope of relations between the parties under the contract, since they relate to the Labor Code of the Russian Federation, which does not regulate the activities of contractors.

The tradition that has emerged in recent years of contracting out regular full-time employees contains a large number of pitfalls. The team ceases to be manageable, and the tax service can impose quite impressive fines at any time. And the employees themselves always have the potential opportunity to remember their rights and declare that they are performing work on an ongoing basis, so there are signs of labor rather than civil law relations.

How to specify in the contract payment upon completion of work

The defendant’s reference to the discovery of defects in the work performed during the warranty period was not taken into account, since the defects indicated by the defendant are obvious and by virtue of paragraphs 2, 3 of Article 720 of the Civil Code of the Russian Federation, the customer does not have the right to refer to them after acceptance of the work (resolution of the Federal Antimonopoly Service of the East Siberian District dated 10/21/2021 in case No. A/09.

We recommend reading: Sample apartment rental agreement 2021

Circumstances include: wars and hostilities, uprisings, epidemics, earthquakes, floods, acts of government authorities that directly affect the subject of this Agreement, and other events that the Parties cannot influence and for the occurrence of which they are not responsible.7.3. The Party affected by such circumstances is obliged to immediately notify the other Party in writing of the occurrence, type and possible duration of the relevant circumstances.7.4. In the event that a Party does not report the occurrence of a relevant circumstance, it is deprived of the right to refer to it.