Additional agreement to the apartment repair contract: sample

Why do I need to make changes to apartment repair contract? Many perceive the deal as unshakable, and this is their mistake. Any agreement can be changed, supplemented or, conversely, partially canceled by mutual agreement. The law allows you to do this in simple written form: the parties are entitled to conclude an additional agreement to the contract at any time. It is convenient and beneficial for both parties (customer and contractor), because even during the process repair, the conditions specified in the contract can be reformulated and adapted to real circumstances.

Reasons for contract changes

Repair rarely takes place according to the planned schedule and fits perfectly into the time allotted by the contract. And not always the reason for this is the dishonesty of hired contractors (performers). Reasons for delays and downtime may include:

• the need for additional and unforeseen at the time of budgeting works (for example, when dismantling the old floor, it turned out that repair of the screed was needed, which was not agreed upon by the original It was);
• untimely delivery of materials (for example, the team cannot finish the finish on time due to the fact that the customer has purchased less than the required volume of tile, and its additional order requires expectations);
• the impossibility of carrying out work due to the delay in the performance of certain works by another contractor (for example, until replacement of double-glazed windows by a window company, it is impossible to complete the putty on the 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 the plaster and screed);
• changing the scope of work to reduce the cost of repairs in general (option: according to estimates, laying parquet in the apartment corridor is planned. But during the repair it turned out that the floor in this place is too crooked, and its alignment will lead to more expensive work. As a result of this, the customer decided to abandon the floor, 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, review the total cost, and also increase the repair period;
• due to delays due to climatic conditions or the work of another contractor, the period for the implementation of a particular stage of work may increase;
• due to the removal of a particular type of work from the estimate or its replacement with another, the total cost of repairs and, possibly, the terms will also change.

Why is it important to write changes to the contract in writing?

The answer is simple: if the change in circumstances (scope of work, price, timing, etc.) is not recorded 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 that for good reason it was impossible to meet the terms of the contract or that the amount of work and their price have changed.
Such situations may lead to an underpayment for work or to recover a penalty (fines) for violation of the terms of the contract.

Real-life examples of loss due to lack of written agreement

Example

An agreement was signed to replace the old laminate in the apartment. The term is 2 weeks from the date of signing the contract.
According to the estimate, the following scope of work was established:

№	Name	unit of measurement	Qty (units)	Unit price, rub.	Cost, rub.
1.	Laminate dismantling	m2	42	100	4200
2.	Mounting the substrate	m2	42	60	2520
3.	Laminate installation	m2	42	200	8400
Total:	15120

The contractor started work on time: dismantled the screed (cost 200 rubles / m2 = 8400 rubles), removed and removed construction waste (4000 rubles), completed the installation of a new screed (cost 500 rubles / m2 = 21000 rub.). In the course of work after dismantling the old coating, it turned out that the screed cracked and collapsed. As a result of this, it was decided to dismantle the screed and pour a new one. The parties did not sign the agreement on changing the terms of the contract, they all discussed in words. The customer was aware that the screed dries within a month after pouring. Verbally, he did not object to the extension of the repair period.

While the screed was dry (30 days), the contractor took on another facility, which he spent 32 days. Returning to complete the installation of the laminate, the contractor was faced with customer dissatisfaction regarding the two-day delay. After completing the laying of the laminate, the contractor demanded to pay him for the entire completed volume. To which the customer, dissatisfied with the delay, refused him. The situation escalated into conflict.

The angry customer said that he would pay only the amount specified in the contract (15120 rubles). Additional work on dismantling and pouring screeds with a total cost of 33,400 rubles. customer did not pay.

The contractor contacted the legal advice with the intention to file a lawsuit and forcibly recover money from the customer. However, the prognosis of lawyers to resolve the dispute in court was not positive. In the hands of the injured contractor was only a contract under which the customer had already paid in full.

Everything that was done outside the scope of the contract was accomplished 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.

Bottom line: the contractor did not go to court in order to avoid expenses for legal services and legal costs. He performed work for a total amount of 48 520 rubles, of which only 15 120 were paid to him. The loss amounted to 33,400 rubles.

Another example

An agreement has been concluded for the repair of the bathroom. According to the estimate, a list of works has been established: pouring screed, laying tiles on the floor and walls, installing plumbing (toilet bowl, bathtub, sink). The work is performed by two masters (contractors).

During the repair process, the customer, on the advice of acquaintances, decided to make a floor in the bathroom. The customer bought it on his own 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 upon the fact. No written documents were drawn up.

By coincidence, one of the contractors forgot to transfer this information to his partner. And the screed was flooded without installing a warm floor.

When the repair was completed, the customer arrived at the apartment to accept and pay for the work of the craftsmen. Seeing that the warm floor was not laid in the screed, the customer made a scandal and refused to pay for work. He insisted that the craftsmen had caused him losses, because now, in order to make the floor warm, you need to dismantle the tile and screed and start all the work again.

To this, one of the contractors (directly carrying out the work of filling 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 repairs, the contractor was forced to make a claim and then go to court. The customer filed a counterclaim for compensation for the damage caused, referring to the fact that he has a witness (one of the contractors) who will confirm that the instruction on installing the underfloor heating was given.

The court did not side with the customer.

Reasons:

An agreement to amend or terminate the contract is made in the same form as the contract, unless otherwise provided by law, other legal acts, contract or customs. (Art. 452 of the Civil Code of the Russian Federation).

That is, if the contract was concluded in writing, then all changes (additions) to it should also be in writing. In the absence of documentation of the changes, the contract continues to operate in its original form. Consequently, the contractor, guided by the contract and estimate, acted lawfully. Deviate from the estimate and perform additional work, he was not obliged.

The court did not take into account the arguments of the customer that he gave an oral order to one of the masters, because:

• verbal negotiations do not modify the concluded contract;
• no agreement was reached between the customer and contractors on the essential conditions: deadlines for completing add. works, their volume and cost. That is, the customer did not receive consent from the contractors for laying the warm floor (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.

Result: The customer lost the court, and was forced to pay all the work to contractors in full. The customer will be able to dismantle the tiles and screeds and lay the underfloor heating in the bathroom only at his own expense.

How to draw up an additional agreement: rules

As indicated above, all changes are made in the same form as the contract itself (Art. 452 of the Civil Code of the Russian Federation).

This means that the contract can be changed (supplemented or canceled in part) only by drawing up a written document - an agreement. This action must be voluntary. That is, both parties must agree to such a change, as evidenced by their personal signatures.

Change Options:

• replacement of one (or several) contract terms with another (or several). For example: extending the repair period and increasing the total cost;
• addition of new conditions. For example: a condition on the procedure for the purchase of building materials by the contractor and reporting on the expenditure of customer funds;
• cancellation of certain individual conditions. For example, you can exclude from the text of the contract the condition of one of the stages of work. (Option: the customer encountered financial difficulties, and, in order to reduce the cost of repairs, he decided to independently carry out the dismantling of the old floor, cleaning the walls and removing construction waste. This stage of work should be excluded from the contract, and the total cost should be changed).

Form of supplementary agreement to the contract

The document is prepared in writing, according to the same template by which the contract is drawn up. The agreement should be executed in duplicate (the original for each party).

Content:

• full description of the parties (contractor and customer) indicating their F. AND. O., passport data and registration addresses;
• Subject of the agreement - the essence of the amendments to the contract (their exact and specific description);
• date and place of agreement. Without a date, the document is invalid!;

• personal signatures of the parties with decryption.

Templates of supplementary agreements to the contract

We offer for review and download the forms of the completed options for various agreements. The most suitable option can be selected based on the situation and the needs of the parties.

Contract renewal sample

Sample contract amount change

Sample change in estimates for work

This option is applicable when there is a need to add additional work to the contract, replace one work with another, or, conversely, exclude a specific type of work from the budget.

Model for adding an item to a concluded contract

Sample clause

Legal advice

• It is important to draw up the agreement in the same form as the contract. That is, all information (name, passport data, addresses and names of the parties) must coincide with the original contract.
• “Streamlined” and “ambiguous” phrases should not be allowed. It is better to prescribe everything clearly, in detail. (For example, instead of “the contractor is obliged to report to the customer for the expenditure of funds for the procurement of materials” it is better to write: “the contractor agrees not to later than 2 working days from the date of purchase of the materials, provide the customer with the originals of cash receipts and receipts, and return the surplus funds in full volume ".
• The document and all its annexes must be signed by both parties. (If an annex is drawn up to the agreement, then the signatures must be on both documents).

Frequently asked Questions

What is the difference between the contract and ext. agreement?

Answer: A supplementary agreement is a supporting document; it is not independent. It is concluded only in conjunction with the main contract and is its integral part.

When comes into force add. agreement?

Answer: from the moment of its signing by both parties.

Add. agreement and annex to the contract: what is the difference?

Answer: the application is clarifying in nature and is used for convenience (for example, in order not to insert an estimate in the text of the agreement, it is submitted to the application). It is drawn up and signed (takes effect) simultaneously with the contract. The application does not intend to amend or supplement the contract. It only reveals in more detail and concretizes the initial agreements. A supplementary agreement is drawn up only in cases where there is a need to make changes or additions to the main contract.

Cancellation add. agreement. Can I terminate it?

Answer: Yes you can. The procedure is as follows: the parties must draw up a new additional agreement, the subject of which will be spelled out: "In connection with _________________ (indicate the circumstance), the parties agreed to invalidate the agreement from «__»_________.»

How many extra. agreements can be drawn up to a single contract?

Answer: as much as you like, there are no restrictions.

If add. There are several agreements, only the latter is valid, and the previous ones are automatically canceled?

Answer: no, a later agreement does not automatically cancel an earlier one. If changes are made to different clauses of the contract, then all agreements will apply, regardless of the date of preparation. In practice, to avoid a double interpretation and confusion, in the text of the new add. agreements include the phrase: “The entry into force of this agreement does not cancel the agreement from“ ___ ”______”. If the same clause in the contract is edited several times (and the previous agreement needs to be canceled), then in the new add. the agreement must write the phrase: "The parties agreed that from the moment of signing this agreement, the agreement of" __ "_________ is recognized as null and void."

What is the validity period of add. agreement?

Answer: it is valid from the moment of signing by the parties until the expiration of the main contract.