Apartment repair agreement between individuals, sample, form (download)

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Content

  1. Why do I need a contract?
  2. What conditions should be prescribed?
  3. Essential conditions
  4. Subject of the contract
  5. Turnaround time
  6. Additional terms
  7. Contractor reporting to the customer
  8. The cost of work
  9. Acceptance of work performed
  10. Warranty
  11. Responsibility of the Parties
  12. Validity
  13. Dispute Resolution
  14. Grounds and termination procedure
  15. Final Provisions and Signing
  16. Estimate
  17. Acceptance certificate
  18. How to amend the contract and estimate?
  19. Useful design tips
  20. Download sample model contract

The contract for the repair of an apartment is the main document necessary to formalize the relationship between the customer of the work and the contractor. The conclusion of the contract is extremely beneficial for both parties, so do not neglect its signing. This legal document contains all the essential conditions for the provision of repair services - the cost, scope and types of work, deadlines, responsibility of the parties.

You can download the contract by clicking on the button below, but for you to understand all the details, we recommend reading our article:

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Signing of papers

A clear statement of the conditions in the text of the transaction secures the obligations of the parties to each other:

  1. The contractor (master) has an obligation to make repairs efficiently and on time, and the customer (owner) - accept the work performed and pay their cost on time.
  2. The presence of a properly executed contract on apartment renovation It will allow to avoid disputed and conflict situations, and also make it difficult for the parties to evade their obligations.

Why do I need a contract?

If, when choosing between a construction company, an individual entrepreneur and an individual as a contractor for the provision of repair services you stopped at the last apartment, do not refuse to conclude a contract, because it has legal force, regardless of the status of signatories his faces.

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Expert Opinion

Kozhevnikova Ekaterina Sergeevna

Legal adviser, practicing since 2004. I provide full legal support for entrepreneurial activities of construction companies and individual entrepreneurs.

The execution of the transaction is beneficial to both the customer and the contractor, because the written fixing of the agreements gives confidence to each side.

Many, when starting a repair, are primarily concerned about the cost reduction and acceleration of its implementation, while some issues of the organization of the process remain unresolved.

Apartment Repair

Before the start of repair work, it rarely occurs to ordinary people to take care of clearly fixing the way to resolve some issues:

  • who buys and delivers the necessary building materials to the facility;
  • how the accounting of funds spent on the acquisition of materials is carried out;
  • how is the acceptance of work;
  • What document confirms the fact of payment;
  • in which cases the contractor is liable for defects and defects in the repair.

By concluding a competent contract agreement indicating important conditions for you to perform repair work, you will protect yourself from troubles associated with the unwillingness of the contracting party to bear responsibility.

Preferring to “deal with emerging issues as they become available”, apartment owners often face the refusal of work performers to bear responsibility for certain circumstances. For example, for damage caused by negligence to property of the customer or neighbors, failure to ensure the safety of building materials, purchase and use of low-quality materials in work. If there is no contractual relationship between the customer and the contractor, it will be difficult to protect their rights or demand damages.

What conditions should be prescribed?

According to the current legislation, the terms of transactions are divided into material (mandatory for indicating in the text) and additional (prescribed at the request of the parties).

Consider all the basic conditions for a contract for the repair of an apartment concluded between individuals.

Essential conditions

Mandatory conditions include:

Subject of the contract

A clear description (types, volume and content) of the work for which the contract is concluded.

Subject of the contract

Turnaround time

Dates of the start and end of repairs are required. If the work is carried out in stages, the initial and final dates of each stage are prescribed.

Turnaround time
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Expert Opinion

Kozhevnikova Ekaterina Sergeevna

Legal adviser, practicing since 2004. I provide full legal support for entrepreneurial activities of construction companies and individual entrepreneurs.

Important: since the above conditions are mandatory, failure to indicate them in the contract may lead to its recognition as not concluded.

Additional terms

The following points are prescribed in the contract at the request of the customer.

Contractor reporting to the customer

If there is an agreement that the contractor himself buys the necessary building materials, it will be useful to foresee it obligation to provide the customer with the originals of receipts and receipts confirming the expenditure of funds for the acquisition materials.

Rights and obligations of the parties

The cost of work

It does not apply to essential conditions, but it is recommended to indicate prices either in the text of the contract or in the attached estimate. If the contract does not contain an indication of cost, then, in accordance with the law, the average prices set in the region for the performance of similar work are applied.

Cost of work performed

Acceptance of work performed

It is better to clearly state this condition in the text of the contract, because, according to the law, this process is drawn up as a separate document - an act that is signed by both the customer and the contractor. In the absence of an act, if necessary (for example, in court), it will be impossible to prove the fact that the work was completed and accepted by the customer.

Acceptance procedure

Warranty

According to article No. 724 of the Civil Code of the Russian Federation, the minimum warranty period for all work performed is 2 years. But no one forbids to indicate the term more than specified by law. A good master can give a guarantee of up to 5 years!

Warranty

Responsibility of the Parties

The importance of including this condition in the contract requires no explanation. At your discretion, you can specify in which cases liability arises (violation of the terms of the transaction, delay in meeting obligations and etc.), the amount of damages (for example, a fixed amount of money or a percentage of the total price of the contract), establish the amount of the fine or forfeit.

Responsibility and Risks

Validity

Many people mistakenly believe that the contract is valid only within the prescribed term. This is not true. The contract clearly indicates the date of completion, but if the repair was not completed by this day, the contract continues act on previous terms (with delay in performance) until all obligations under it are fully fulfilled by both by the parties.

Duration of Agreement

Dispute Resolution

It is important to indicate how to resolve contentious issues.

Dispute Resolution

Grounds and termination procedure

It happens that the parties cannot continue cooperation for one reason or another. For this, it is necessary to provide for the termination of the contract.

Grounds and termination procedure

Final Provisions and Signing

In the conclusion, all previously not described circumstances, methods of amending the contract and the list of accompanying documentation are prescribed.

Conclusion

The law prescribes to conclude contracts between individuals at a transaction price of more than 10,000 (ten thousand) rubles in simple written form, not involving certification by a notary or other way.

Handwritten signing is a sufficient confirmation that the transaction was concluded legally competently.

Estimate

If the list of work performed is extensive, it makes sense to draw up a detailed estimate indicating their types and cost. It is attached to the contract and certified by the signatures of the customer and contractor. After signing the estimate, the set price can no longer be changed unilaterally.

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Expert Opinion

Kozhevnikova Ekaterina Sergeevna

Legal adviser, practicing since 2004. I provide full legal support for entrepreneurial activities of construction companies and individual entrepreneurs.

Important! Do not sign contracts and estimates where upcoming work is indicated, for example, in the following form: “Apartment renovation - cost: 100,000 rubles”.

First, as indicated above, a contract in which its subject is not specified is recognized as not concluded. That is, in the event of a dispute or conflict, such an agreement will not be considered by the court.

Secondly, such a concept as “apartment repair” may include an extensive list of works (from capital to cosmetic). If the types of work are not specified in detail, it will be impossible to prove what exactly the agreement with the master was.

The estimate should be as detailed as possible, indicating the types of work, their quantity, cost per unit of measurement and total cost!

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Estimate

And here is what the completed estimate should look like:

Estimated sample

Acceptance certificate

It is useful to approve a sample certificate of acceptance of work. This document is required to confirm that certain work has been performed by the contractor and accepted by the customer. You can also register in the act separate item with receipt text for receiving money by the contractor. If the work is accepted by the customer without comment and he is ready to pay their cost to the contractor, the fact of acceptance of work and the fact of transferring money to the contractor will be confirmed by one document.

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Acceptance certificate

USEFUL INFORMATION:The receipt of money for the repair of the apartment: 6 samples

How to amend the contract and estimate?

It often happens that in the repair process there are works that were not originally planned or vice versa, something no longer needs to be done. In this regard, the composition of work, the total cost and even the timing of their implementation are changing.

All changes should be documented using supplementary agreement, which indicates the new cost of repairs, deadlines and approves the new edition of the estimate. There can be several agreements: as many as are needed in the repair process.

You can download the agreement by clicking on the button:

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Supplementary agreement

An additional agreement, like a contract, may have accompanying documentation (annexes).

Estimate to add. agreement

USEFUL INFORMATION:Supplementary agreement to the apartment repair agreement: sample, how to draw up

Useful design tips

Correctly execute the contract will help the following recommendations:

  • Mandatory full passport data of both parties are prescribed.
  • Do not forget to indicate the address of the apartment in which the repair is done.
  • All annexes to the contract must be signed by both parties.

Download sample model contract

A sample standard contract agreement, as well as templates for the acceptance certificate of completed work and estimates for repair work, drawn up as annexes to it, can be downloaded here:

download
Should I conclude a contract for the repair work?
  • Yes, definitely worth it! The contract protects the rights of the customer and is evidence in court. 70%, 123 vote

    123 vote70%

    123 votes - 70% of all votes

  • You can not conclude the contract itself, but document the fact of payment for the work performed (receipt, acceptance certificate). 10%, 18 of votes

    18 of votes10%

    18 votes - 10% of all votes

  • I never concluded, but faced with low quality and a missed deadline. If there was a contract, I would sue! 10%, 18 of votes

    18 of votes10%

    18 votes - 10% of all votes

  • Not always. If the master is familiar and the cost of the work is small, it is not necessary to document them. 10%, 17 of votes

    17 of votes10%

    17 votes - 10% of all votes

Total Votes: 176

11.03.2018

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