Agreement with the technical customer at the design stage. Regulations on the customer-developer
Krestin P.A.
Master's student, Moscow State University of Civil Engineering
MAIN FUNCTIONS OF A TECHNICAL CUSTOMER IN CONSTRUCTION AND BASICS OF CONSTRUCTION CONTROL
annotation
Nowadays, the role of the technical customer is key in the construction process. Many even call the technical customer the cornerstone on which the success of the project as a whole depends. The technical customer is a professional performer in the preparation of permits and approvals in the order of passing various government bodies, as well as a partner who is an expert in resolving many issues. The article reveals the main functions performed by the technical customer. This article also outlines the basics of construction control.
Keywords: investor, technical customer, construction process, technical documentation
Krestin P.A.
Undergraduate, Moscow State University of Civil Engineering
THE MAIN FUNCTIONS OF TECHNICAL CUSTOMER IN CONSTRUCTION AND BASICS OF BUILDING CONTROL
Abstract
In our times, the role of technical customer is a key in the construction process. Many even call technical customer the cornerstone upon which all success is the creation of the project in general. Technical customer is a professional performer in the preparation of the permits and approvals procedure in passing the various state bodies, as well as a partner who is an expert in dealing with many issues. The article deals with the basic functions performed by technical customer. Also, this article presents the fundamentals of building control.
Keywords: investor, technical customer, construction process, technical documentation
To understand the role of the technical customer in the construction process, it is important to take time to consider some of the business entities that are directly involved in the construction process, since the participation of the technical customer in it implies communication and cooperation with most of the entities presented below.
A large number of business entities are involved in the construction process, namely:
- Investor
- Customer (technical customer)
- Developer
- General contractor
- Subcontractor
- Designer
- Other
In order to understand the specifics of the technical customer’s activities, one should consider the main functions that it performs, presented below in Figure 1.
Rice. 1 – Main functions of the customer
Now let's move on to considering the relationship between the developer and the contractor.
A work contract is an agreement under which one party (contractor) undertakes to perform specified work on behalf of the second party (customer) and deliver the result of this work to the customer, and the customer undertakes to accept and pay for it
The parties to the contract are: the customer and the contractor.
In relation to the contracting organization, the technical customer faces the following task: he must pay remuneration and accept the work performed from the contractor. When accepting the work, the technical customer identifies deficiencies, if any, and points them out to the contractor to eliminate them.
Also, in relation to the contractor, the technical customer:
- Must accept work within the time frame and in the manner specified in the contract
- The right to check the performance of work, give instructions on the method of their implementation, specify the requirements for the result of the work performed, without changing the essence of the task as a whole.
- The right to refuse the services of a contracting company if the latter does not begin work on time or performs the work so slowly that it jeopardizes the completion of the work on time.
- And etc.
Among other things, the technical customer also controls the investor’s financial flows in order to reduce costs. The customer’s functions also include competent project management, in particular financial management, reporting, etc. Below are some of the functions that the technical customer performs in the field of financing, accounting, reporting and auditing:
- Maintains accounting, operational and statistical records
- Controls the receipt of timely payment for work performed and other payments provided for in contracts
- Presents statutory reporting
- Conducts cost analysis for individual expense items and types of work and services and takes measures for the effective use of funds allocated by the investor
- Organizes an audit, in agreement with the investor
- And etc.
Below is a table with the main functions performed by the technical customer in the field of preparation and use of the construction site and in the field of control and supervision of construction progress.
Table 1 – Main functions performed by the customer
It can be concluded that the technical customer plays a leading role in organizing construction and is the link between the investor, contractors and designers. Most leading Russian construction companies have already realized the importance of cooperation with a competent and market-proven technical customer company, because participation in the process of a technical customer simplifies construction control, cash flow management and many other key tasks for the investor.
Listing the main functions of the technical customer, one should also reveal the essence of the basics of construction control.
Construction control is a set of expert verification activities carried out to ensure strict compliance with the cost, timing, volume and quality of work and construction materials determined by the project.
According to the Urban Planning Code of the Russian Federation, construction control can be carried out during the construction, reconstruction, and major repairs of capital construction projects, in order to verify the compliance of the work performed with design documentation, the requirements of technical regulations, the results of engineering surveys, as well as the requirements of the urban planning plan of the land plot.
Construction control must be carried out by the person carrying out the construction. In the case of construction, major repairs or reconstruction on the basis of a contract, construction control is also carried out by the technical customer or developer, or an individual or legal entity attracted by them on the basis of a contract.
The main objectives inherent in construction control are presented below in Figure 2.
Rice. 2 – Objectives of construction control
Based on the material presented, the following conclusion can be made. Firstly, the leading role of the technical customer in construction becomes obvious, as the most important link in such a difficult and costly process. Secondly, construction control, also one of the most significant and labor-intensive components in the construction process, in most cases falls on the shoulders of the technical customer. Thus, competent implementation of construction control by the technical customer allows the investor to promptly convey all information regarding the construction process, and also allows for the implementation of the project without inflating the estimated cost of construction and ensuring the high quality of the work performed.
Literature
- M.A. Kostenko Commercial law. Lecture notes. Taganrog: TTI SFU, 2007.
- A. N. Asaul, V. A. Koshcheev State entrepreneurship in construction (state construction order) St. Petersburg: 2009, 300 p.
- Types of engineering activities in construction Alaeva A.V., Filippov G.B., Slepkova T.I. In the collection: 21st century: fundamental science and technology Materials of the VI international scientific and practical conference. n.-i. Center "Academic". North Charleston, SC, USA, 2015, pp. 123-130.
- Civil Code of the Russian Federation
- Town Planning Code of the Russian Federation
- Technical customer [Electronic resource] URL: http://www.acstroy.com/technical-customer (access date 09/10/2015).
References
- Kostenko M.A. Commercial law lecture notes, Taganrog, TTIYFU,2007
- Asaul A.N., Koscheev V.A. State business in the constriction industry (state construction order), - SPb.: ANOIPEV, 2009, 300 p.
- Types of engineering activity in the construction Alaeva A.V. Filippov G.B., SlepkovA T.I. In: 21 Age: Basic Science and Technology Proceedings of the VI International Scientific and Practical Conference. n.-i. c. "Academic". NorthCharleston, SC, USA, 2015. pp 123-130. Civil code Russian Federation
- City planning code Russian Federation
- Technical customer URL: http://www.acstroy.com/technical-customer (date of the application 09/10/2015).
Controversial processes that sometimes arise between customers and construction companies can ruin the lives of both parties for a long time. This is what customer service exists for. It is her direct responsibility to ensure mutually beneficial and competent cooperation.
Market competition
Searching for a construction customer or a reliable contractor company sometimes causes applicants to waste a lot of time, turning everything into a run in a vicious circle. Why does this situation arise? This happens due to great competition in the construction industry, which is becoming even greater every day. Many companies advertise their services, but in reality not all can provide the required quality.
Many reasons can be to blame for this - from an unsuccessfully selected site to incorrectly installed communications. The customer service is such an organization that will avoid any disputes between the parties by conducting a complete independent audit. This is a guarantee that the matter will not develop into lawsuits, and everyone will be happy.
What does the customer service do in construction?
First of all, the functionality of this service includes the selection of a reliable and profitable partner. After this, this service will conduct constant and productive work with all bodies exercising government supervision, with contractors and investors. And of course, with organizations whose responsibilities include documentation.
What allows us to ensure the quality of cooperation
As you can see, customer service is about providing complete accompanying control over the construction process, where the rights of each party are protected. Such profitable and highly effective cooperation is carried out due to the fact that all conditions are initially openly negotiated, and then control takes place and strict performance requirements are put forward to ensure the quality of the work performed.
Admission documentation
It is clear that only professionals can work in such a serious organization. After all, technical supervision implies full possession of the necessary knowledge and accumulated experience. Thus, the customer service is an organization whose employees have such characteristics as responsibility and specialized education. In order to carry out construction control, such a structure must have a valid certificate issued by the SRO for permission to work.
What the organization does and guarantees
The company's specialists provide control at all stages of the work - from the development of project documentation to the full commissioning of the constructed facility. The functions of the customer service include:
1. Study of the land plot (proposed construction site).
2. Determining the possibility of obtaining major
3. Consultation with the investor, as well as with other specialists of city services.
4. Even before the start of design, prepare a number of necessary documents based on the initial data, the list of which includes:
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5. Coordination of a package of initial and decisive documentation to consider all possible options aimed at minimizing the customer’s costs.
In addition, customer service:
- Prepares and conducts a tender among the declared design companies in order to determine the general designer, as well as design subcontractors.
- Responsible for preparing contracts with design organizations.
- Prepares documentation for holding elections for construction work.
For whom is it appropriate to apply?
Many citizens will probably be interested in who such organizations are created for and who can apply to them? In principle, the customer/developer service reviews absolutely all proposals. After all, their main task is to respect the interests of all parties. And it can be used not only by clients ordering the construction of buildings, houses, etc., but also by contractors, investors, as well as entire departments for capital urban planning.
The benefits are obvious to everyone. For example, the customer is freed from the need to deal with red tape with initial documentation, as well as resolving his issues with government agencies. All this will be arranged, carried out and checked for correctness by a hired service. As for construction organizations, this also benefits them, since they get an interesting project and a serious customer. In addition, performing work in accordance with the declared quality will become an advertising project that will distinguish the company from its competitors. We can say that all parties win here.
Project construction stage
At the stage of construction of the facility, the technical customer service carries out constant quality checks of the work performed. And it is mandatory to accept the planned physical volumes of completed stages in the course of activities in accordance with the acts. In addition, it conducts the inspection and acceptance of installation critical elements and checks the quality of installation. Monitors their testing and draws up as-built documentation. He is also involved in organizing and conducting (with his own evaluation participation in the work) the state acceptance commission regarding the completed construction of the facility.
Budget for service maintenance
Funds provided for the maintenance of customer-developers must be included in the estimate documentation, and specifically in Ch. No. 10 of the summary calculation of construction costs (clause 4.87 of the MDS Methodology No. 81-35.2004).
If the work is carried out at the expense of the federal budget, then the amount of said funding is determined in accordance with the standards approved in 2005 by the State Construction Committee of the Russian Federation. How is this calculated? The costs of maintaining the customer's technical supervision service, in the case of using federal budget funds, are calculated as a percentage: from 1.1-1.5% of the annual volume of capital investments (according to Appendix No. 2 to Rosstroi Order No. 36). This depends on the amount of capital costs and the number of settlements in the region where construction is taking place.
If the finances are not from the State Budget
If construction is financed by private investors, then they set the amount of funds independently. This may have already been decided and specified in the construction contract. For example, the maintenance of the customer-developer can be agreed upon and determined in the form of a certain separate amount of money. Or, as in the case of state budgetary funds, payment for the work of the service may be a certain percentage in relation to the value of a specific indicator agreed upon by the parties (for example, regarding the volume of capital expenditures or another value of an economically justified indicator).
Transfer for maintenance
As a result, if the amount of the amount is specified initially, the funds will be transferred by the developer separately from the capital budget allocated for construction. For example, in the form of remuneration for work performed.
The customer service can be financed from already constructed real estate included in the inventory value if the funds are reimbursed from estimated allocations and are considered capital costs for construction. For the purpose of such accounting of expenses, this norm is specified in clause 1.4 of the regulations on accounting for long-term investments.
By agreement
When drawing up an agreement with representatives of the technical customer service, the investor can assign absolutely any amount of responsibilities to them. This also applies to the full management of all stages of the implementation of the invested project. Services may include everything from collecting initial permitting documentation before the start of project development to the actual registration of commissioning permits. If necessary, they will take care of other matters, for example, drawing up the required agreements with resource supply and operating companies.
Independently or not is a matter of choice
The technical customer is an official service company that literally organizes and controls the entire ongoing process of constructing an object - from the development of design documentation to its commissioning. The developer can carry out the functions of such an organization independently. However, the involvement of specialized firms very quickly became widespread. So it's worth it.
1. Status of the customer-developer
1.1. The customer-developer is a legal entity and individual authorized by the investor (or who is itself an investor) to implement investment and construction projects. The customer enters into, within the limits of the rights granted to him, a construction contract with a contractor (contractor).
1.2. The customer-developer, who is not an investor, is vested with the rights to own, use and dispose of capital investments for the period and within the powers established by the agreement and (or) government contract in accordance with the legislation of the Russian Federation.
1.3. To perform the functions of customers, as well as to carry out construction and installation work in an economic way, the customer-developer must have a state license.
1.4. The activities of the Customer-developer ends after registration of the commissioning of the facility with local authorities, unless otherwise provided in the agreement with the investor.
1.5. The customer-developer carries out its activities in accordance with the legislation of the Russian Federation and the requirements of regulatory documents in construction.
2. Tasks of the customer-developer
The tasks of the customer-developer include:
2.1. Organization of the implementation of an investment project (pre-project preparation, analysis of the capabilities of participants in the investment and construction process, construction planning, including design, survey, research, development, construction and installation, finishing work, seismic research and other work related to construction and repair of industrial and non-production facilities). The tasks of the customer-developer may include the entire complex of organizational and managerial work ensuring turnkey construction (at the expense of funds transferred to him under an agreement with the investor).
2.2. Ensuring the efficiency of capital investments based on the use of advanced production and information technologies in the design and construction, compliance with norms and standards for the design and construction of facilities, and other individual investor requirements for the technical level and quality of the facility, allowing to obtain a competitive result. Mandatory are the requirements established by state standards to ensure the safety of products, works and services for the environment, life, health and property, as well as other requirements established by the legislation of the Russian Federation.
3. Functions of the customer-developer
The customer-developer in the process of design, construction and commissioning of the facility performs the following functions:
3.1. Pre-design preparation and construction planning.
3.1.1. The customer-developer enters into an agreement with the investor. Assumes responsibility for the implementation of the investment project at all stages of the investment process. The contract is an agreement between the investor and the Customer, according to which the former transfers funds, and the latter undertakes to carry out work to implement the investment project and provide engineering services to the investor within the required time frame.
3.1.2. Places, mainly on a competitive basis, orders for work to implement the investment project. Individuals and legal entities holding licenses to carry out certain types of activities are involved as a contractor under a work contract and (or) a government contract concluded in accordance with the Civil Code of the Russian Federation.
3.2. Providing design documentation and organizing construction.
3.2.1. Determines the stages of design. Selects, mainly based on the results of contract bidding, a design organization. At the same time, the customer-developer evaluates the proposed technical and economic indicators of the facility planned for construction, given in the tender proposal, as well as the organizational management system, including the quality control system for design products in accordance with GOST R ISO 9000, and the financial condition of the design organization.
3.2.2. Concludes agreements for the development of project documentation with relevant organizations that have licenses to carry out construction activities. When concluding an agreement, the customer-developer establishes requirements for development time, technical and economic indicators, the composition and volume of project documentation, determines the contract price of the work, insurance conditions for risks associated with the development and implementation of project documentation, property liability of the parties for failure to fulfill contractual obligations, conditions of use and ownership of the developed project documentation, confidentiality conditions during the implementation of the agreement (contract) and other conditions.
3.2.3. Approves the design assignment. Provides initial data for the development of project documentation. Ensures their completeness and quality.
3.2.4. Coordinates with the design organization a calendar plan for the execution of work and the issuance of project documentation, and monitors its implementation.
3.2.5. Monitors the provision of the required level of quality of design solutions in the process of development and implementation of project documentation, as well as the acceptance, storage and transfer of working documentation to contractors.
3.2.6. Organizes the review and approval of architectural and urban planning solutions for designed objects in architectural management bodies.
3.2.7. Ensures the examination of design documentation, including state environmental assessment to assess the impact of the projected facility on the environment, for which it determines examination bodies and concludes relevant agreements.
3.2.8. Organizes, in accordance with the established procedure, the coordination, approval and re-approval of project documentation, as well as the introduction of changes to the project documentation based on the expert’s comments.
In the field of construction organization:
Selects, mainly based on the results of contract bidding, the general contractor (contractor) for construction. When choosing a general contractor (contractor), the customer-developer evaluates the construction conditions of the facility given in the tender proposal, the technology of construction and installation work implemented by the contractor, the availability of necessary equipment and vehicles, the internal quality control system for construction products, as a rule, taking into account the requirements of GOST R ISO 9000 (construction and installation works, building materials and structures), reputation and financial condition of the contractor;
Concludes an agreement with the general contractor (contractor) for capital construction, expansion, reconstruction or technical re-equipment of enterprises, buildings and structures. When concluding a contract, the customer-developer establishes requirements for the construction time and quality of the constructed facility, determines the stages of construction, considers, in accordance with the design documentation, the composition and range of building materials, structures, technological equipment and other types of material resources supplied by the contractor, the procedure for commissioning, clarifies the contract price of the work, the terms of insurance for risks associated with construction, the property liability of the parties for failure to fulfill contractual obligations, the conditions of confidentiality during the execution of the contract, etc. The customer-developer can act as a general contractor if he has a license for the corresponding type of construction activity;
The customer-developer agrees on the list of subcontractors involved by the general designer and general contractor to perform work on the investment project;
Makes a decision on the need for designer supervision of the design organization over the construction of facilities, enters into an agreement for its implementation and the creation of the necessary conditions for this;
Regulates disagreements that arise during the implementation of an investment project, including making claims against the design organization, the general construction contractor and other organizations involved by the customer-developer for the payment of a penalty (fine, penalty) for failure to fulfill or improper fulfillment of contractual obligations;
Organizes work to adjust project documentation in connection with changes in the regulatory framework for the design, construction and operation of facilities under construction, comments and suggestions during the construction and commissioning of facilities.
3.3. Construction financing.
3.3.1. The customer-developer checks the documents presented for payment by the organizations he has engaged for the work performed, products supplied and services rendered.
3.3.2. Accepts and pays for work on the basis of documents signed by him on the volume and cost of work performed.
3.3.3. Maintains accounting, operational and statistical records, compiles and submits reports in accordance with the established procedure for all types of activities in accordance with approved standards within the established time frame.
3.3.4. Ensures the receipt of equity transfers (contributions) from third-party organizations (investors) for the construction of facilities and their use to finance this construction.
3.3.5. Provides the investor with reports on the use of financial resources, the need for financial resources for the next period, as well as, upon request, operational information on the implementation of the investment project (state of construction), as well as other reporting provided for in the agreement with the investor.
3.3.6. Concludes insurance contracts related to the development and implementation of an investment project with insurance organizations that legally carry out the relevant types of insurance.
3.3.7. Ensures timely opening of financing and timely payment for work under agreements (contracts) with work performers (for the development of project documentation, implementation of contract construction work, supply of equipment and other agreements for the implementation of an investment project).
3.4. Logistics support.
3.4.1. The customer-developer provides the construction of facilities with special technological and other equipment and materials, if this supply is entrusted to him in accordance with the agreement (contract) with the contractor. For this purpose, it enters into contracts with manufacturing companies or supplying organizations for the supply of building materials, structures, technological equipment and other types of material resources. When concluding an agreement (contract), the customer-developer establishes requirements for the timing, volume of delivery and quality of the supplied material and technical resources, determines the sequence of their delivery, the conditions for insuring risks associated with the material and technical support of the investment project, the property liability of the parties for failure to fulfill contractual obligations, conditions of confidentiality when executing an agreement (contract).
3.4.2. Receives, records and properly stores equipment, products and materials in the warehouse, as well as transfers them for installation or for work.
3.4.3. Makes claims against manufacturers or suppliers in the event of incompleteness or defects in equipment and equipment, the quality of materials, as well as their untimely delivery and underdelivery.
3.5. Selection of land plots and development of construction sites.
3.5.1. The customer-developer applies to local authorities with a request to provide a land plot for the construction of a facility.
3.5.2. Draws up a Land Reservation Act for carrying out design and survey work.
3.5.3. Draws up documents for the allocation of a land plot (including the right to use and own a land plot).
3.5.4. Obtains permits from relevant operating organizations for:
Carrying out work in the area of overhead power lines, communication lines in the right-of-way of railways, in places of underground communications (cable, gas, sewer) and others located on the construction site;
Use during the construction period of electricity, gas, water and steam from existing sources in accordance with the construction organization project in the event that the Customer-developer does not have its own gas, water, steam and energy supply facilities;
Deforestation and tree replanting, and, in necessary cases, the transfer of logging tickets.
3.5.5. Relocates citizens living in houses subject to demolition, relocation or reconstruction. Reimburses citizens, if necessary, for the cost of confiscated fruit and berry plants and crops, as provided for by current legislation, as well as the cost of residential buildings and buildings that belong to them as personal property and are subject to demolition.
3.5.6. Checks calculations of the residual book value of demolished buildings and structures and the legality of its inclusion in the estimate documentation for construction. Creates a geodetic alignment basis for construction.
3.5.7. Registers officials carrying out technical supervision of construction with the State Construction Control authorities and obtains permission to carry out construction and installation work.
3.6. Supervision of construction.
3.6.1. The customer-developer coordinates with the relevant organizations issues related to the installation, testing and registration of production and technological equipment, process cranes, lifting mechanisms, steam boilers and other equipment and apparatus operating under pressure.
3.6.2. Carries out control and technical supervision of construction, compliance of the volume and quality of work performed with project documentation, cost and timing of work with the terms of the contract.
3.6.3. When carrying out technical supervision, the Customer-developer is entrusted with:
Monitoring the compliance of the construction and installation work performed, the structures used, materials and equipment supplied with design solutions, the requirements of building codes and regulations, standards, technical specifications and other regulatory documents. (The customer-developer can entrust the performance of technical supervision functions to a design organization. In this case, the performance of the functions of technical and designer supervision is combined);
Taking timely measures and monitoring the elimination of identified defects in project documentation, its revision (if necessary) and preventing an unreasonable increase in the cost of construction;
Checking the availability of documents certifying the quality of structures, products and materials used in construction (technical passports, certificates, laboratory test results, etc.);
Monitoring the implementation of geodetic work during the construction process;
Inspection and assessment, together with employees of construction and installation organizations, of completed work and structural elements hidden during subsequent work, as well as ensuring requirements for prohibiting further work until certificates for inspection of hidden work are issued;
Carrying out, when ready, with the participation of representatives of general contracting and specialized (installation) organizations, as well as design organizations, intermediate acceptance of critical structures of buildings and structures - supports and spans of bridges, tanks, structures, load-bearing metal and reinforced concrete structures, etc.;
Participation in inspections carried out by state supervision bodies, construction control of the condition and compliance with the design of equipment received for installation, in assessing the quality of its installation, in comprehensive testing and acceptance;
Monitoring the compliance of the volumes and quality of construction and installation works performed and presented for payment with working documentation;
Carrying out accounting of the volumes and costs of accepted and paid construction and installation works, as well as the volumes and costs of poorly performed construction and installation works by the contractor and the costs of eliminating defects and rework;
Monitoring the availability and correctness of maintaining primary as-built technical documentation (as-built diagrams, instrumental surveys of mounted structures, parts of buildings, structures and utilities, general and special work logs) and making changes to it in connection with identified shortcomings and defects during construction and installation work ;
Monitoring the implementation by construction and installation organizations of the instructions and instructions of the designer's supervision and state construction control bodies, as well as the requirements of the technical supervision of the customer-developer related to the quality of construction and installation work performed and the structures used, products, materials and equipment, ensuring timely elimination of defects and deficiencies identified during the acceptance of certain types of work, structural elements of buildings, structures and objects in general;
Participation in quality checks of individual structures and assemblies, types of construction and installation work, equipment and mechanisms upon their acceptance by acceptance committees;
Participation in the inspection of objects, buildings and structures subject to conservation, and the preparation of documentation for the conservation or temporary cessation of construction of enterprises, buildings and structures, as well as in assessing the technical condition of objects when transferring them to construction and installation organizations to continue work;
Participation in inspections conducted by state supervision and construction control authorities, as well as investor commissions;
Notification of state supervision and construction control authorities about all cases of emergency conditions at construction sites and the volume of work to eliminate accidents;
Ensuring the implementation of geodetic measurements of deformations of the foundations of buildings and structures provided for by the project, carrying out control geodetic surveys and, based on their results, applying all changes to the executive master plan.
3.7. Acceptance into operation of completed construction projects.
3.7.1. The customer-developer together with the general contractor:
Submits the necessary documents to the acceptance committee for completed construction projects;
Transfers documentation on the acceptance of objects into operation for storage by the user of the object, unless otherwise provided by regulatory documents of local authorities and/or an agreement (contract) with the investor;
Takes part in the work of the acceptance committee for the acceptance and commissioning of facilities constructed at the expense of budgetary funds;
Creates, on behalf of the investor, an acceptance committee and accepts from the contractor works completed by the construction of facilities constructed at the expense of enterprises, private investors and other extra-budgetary funds, unless otherwise established by the agreement (contract) between the investor and the customer-developer;
Commissions the accepted facility and registers the commissioning of the facility with local authorities in the manner established by them;
Determines the operation mode of the facility during testing and acceptance;
Applies to state supervisory authorities to obtain an opinion on the object presented for acceptance;
Transfers completed construction objects to the investor or user organizations authorized by the investor, or in the manner established by the investor, submits them for sale;
Accepts mothballed construction sites from the contractor according to the act, taking measures to ensure the safety of the work performed;
3.7.2. The customer-developer can perform additional functions:
Collection of initial data and coordination of technical specifications;
Engineering services;
Development of a system for maintaining construction risks, selection of an insurance company, coordination of insurance conditions.
4. Rights of the customer-developer
To perform the functions assigned to him, the customer-developer has the right:
4.1. Represent the investor in institutions, organizations and enterprises on issues related to the implementation of the investment project.
4.2. Make decisions and conduct correspondence on issues of technical and economic assessments and investment calculations, holding tenders and contract bidding, concluding agreements (contracts) for the development of project documentation, construction agreements (contracts) for capital construction and other agreements (contracts).
4.3. Involve competent specialists and organizations as experts and consultants to check the status of the investment project implementation, development of project documentation, construction, supply and installation of equipment, etc., compliance with the established deadlines for the implementation of the investment project and product quality at all stages of the investment cycle during the validity period of the contract ( contract) for the implementation of an investment project.
4.4. Suspend the production of any type of work if it is carried out in deviation from the requirements of the project and the rules established by the contracts.
4.5. Require contractors and other performers of work (design organization, general construction contractor) to justify their proposed price for work (development of design documentation, performance of construction, installation and other works and services).
4.6. Terminate unilaterally, on its own initiative, agreements (contracts) with participants in the investment project in the event of an unmotivated increase in the deadlines for completing the work, in case of failure to comply with the requirements for product quality, design documentation, construction and installation work, supplied equipment and other types of work, as well as in case of cancellation licenses for construction activities.
4.7. Transfer management of the investment project to another legal entity or citizen (project manager), who are the customer’s proxies and act on his behalf and represent his interests throughout the entire term of the agreement for the implementation of the investment project.
4.8. Establish direct contacts with design and construction subcontractors and the consultants they engage with the written consent of the general designer and general contractor.
4.9. Use project documentation at your own discretion in accordance with current legislation, unless otherwise provided in the agreement for the development of project documentation and the agreement with the investor.
4.10. Continue financing the implementation of the investment project at the expense of own or borrowed funds in the event of a temporary termination of the investor’s financing, with the acquisition of rights of shared ownership of the object for the invested funds, on the basis of an additional agreement with the investor.
5. Responsibility of the customer-developer
5.1. The customer-developer bears full property and other liability provided for by law for:
Fulfillment of all obligations under the agreement with the investor and agreements with the performers of the work (for the development of project documentation, performance of contract construction and installation works and other types of work);
The quality of an investment project accepted and paid for on time (project documentation, constructed facility and other types of investment projects);
Fulfillment of obligations regarding the commissioning of facilities;
Compliance with the obligations stipulated in the agreements between the participants in the implementation of the investment project. Customers compensate other contractors for losses, including lost profits, caused by the termination of fulfillment of their obligations under contracts with them;
Performing functions and using the rights granted to the Customer-developer.
The answer to the question “Who is a technical customer” can be summed up in the following formulation: “This is an organization that provides a full range of engineering services in construction from project development to commissioning of the facility.” When examining in detail the functions of a technical customer, it becomes clear that the area of his responsibility is much wider than it seems at first glance. The technical customer is not only a professional performer in terms of preparing permits and going through the procedure of all approvals, he is a partner who is an expert in organizing construction sites, obtaining technical conditions for connecting to utility networks, financial control and more. The technical customer plays a key role in managing the construction process and effective interaction with all its participants. The role of the coordinator, who carries out technical supervision at all stages, controls the quality and timing of construction.
The emergence of the concept and its legitimacy
The term “technical customer” officially appeared in the eighties, when the Soviet Gosstroy issued a corresponding regulation. The state customer created a special service, whose activities included pre-construction preparation and the functions of technical supervision of construction. Together with the separation of investment issues of the customer-developer into a separate section, this probably led to the emergence of the concept of “technical customer”. The technical customer service fully coped with the obligations assigned to it and, in particular, with the function of quality control in construction, and after the collapse of the Soviet political system it turned out to be the most prepared to work in the new conditions.
Today, the need for such a participant is dictated by the market, since this is a multifaceted work, and its implementation requires knowledge that has been acquired over the years. There is no technical customer specialty as such; representatives of the service emphasize that this is, first of all, a long-term practice that is not taught at any university.
In performing a whole range of services, the technical customer is, first of all, guided by his contractual obligations. Since there are agreements, legal aspects of their implementation also appear: administrative documents, court decisions and others. Information on the performance of the functions of a technical customer can be found in the Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2002 and the Federal Arbitration Court of the Moscow District dated December 6, 2006. In addition, the Moscow authorities formulated what they mean by the concept of “technical customer”. Let's quote from the Moscow Government Resolution No. 386-PP dated June 13, 2006 “On the progress of the development of the system for placing state orders in the city of Moscow”: “8.2.2. Include in the terms of bidding for the selection of design organizations and organizations performing control and supervision functions for the period of design and construction of facilities (hereinafter referred to as technical customers), the terms for the development and approval of design and estimate documentation...”
In other words, the term has caught on, but there was no legal definition of a technical customer, his rights and obligations until recently. Official recognition of the technical customer as a full-fledged subject of the construction industry took place in 2011. Amendments to the Town Planning Code of the Russian Federation were made by Federal Law No. 337-FZ of November 28, 2011. Instead of the name “customer” the concept “technical customer” is now used. Technical customer is an individual (acting on a professional basis) or legal entity authorized by the developer and acting on his behalf. The term “technical customer” appears in many articles of the Urban Planning Code of the Russian Federation, in paragraph 22 of Art. 1 provides a complete definition of the technical customer and clearly states its functions: “Concludes agreements on the performance of engineering surveys, on the preparation of design documentation, on the construction, reconstruction, overhaul of capital construction projects, prepares assignments for the implementation of these types of work, provides them to persons performing engineering surveys and (or) carrying out the preparation of project documentation, construction, reconstruction, major repairs of capital construction projects, materials and documents necessary to perform these types of work, approves the design documentation, signs the documents necessary to obtain permission to put the capital construction project into operation, carries out other functions provided for by this Code. The developer has the right to perform the functions of a technical customer independently.”
A technical customer is like a conductor in an orchestra, a producer in a movie, a locomotive in...
To objectively understand the importance of the technical customer in construction, let us dwell in more detail on the functions that are assigned to him. According to representatives of the technical customer service, their main task is to provide technical support for pre-project and design documentation and manage the project at the stage of its development and approval. The technical customer acts as the organizer of the process of interaction between all its participants and provides the main connection between investors (customers), designers, contractors and approval authorities. Taking into account the interests of everyone, the technical customer takes responsibility for ensuring that the facility is completed on time in accordance with the project and with all building codes and regulations.
So, let’s imagine that there is a allocated plot on which the customer (investor) decided to build a multi-storey building, and there is a town planning plan for this plot, on the basis of which it is necessary to prepare various documents. These include a lease agreement and free-term use of land plots for the period of design and construction of objects, as well as documents on the registration of land and property relations and the transfer of land plots to the required category.
In other words, a flurry of paper falls on the head of the technical customer, marking the beginning of the stage of pre-design work and preparation of a set of initial permitting documentation. Further more. After the development and approval of the architectural and planning concept, it is necessary to obtain technical conditions for connecting the facility to existing utility networks. At the same time, it is not enough to receive them; the validity of all issued technical conditions for electricity supply, heat supply, water supply, sanitation, telephone installation, radio installation, outdoor lighting and gasification must be confirmed by operating organizations, of which, as you understand, there are a great many.
Having passed through the offices of Mosenergo and the Moscow Heating Network Company, MOEK and Mosvodokanal, Mossvet, Mosgaz and other organizations, the technical customer approaches the next stage in full combat readiness. In the package of documents required for holding competitions and bidding for the selection of a design organization, in addition to the cherished technical conditions, he includes an agreed urban plan for the land plot, an architectural concept with planting on the site, an archival geological basis and other materials.
After the choice of company has been made, you can begin to develop design and estimate documentation, having previously concluded an agreement with the design organization to carry out the relevant work within the established time frame. The assignments received from the designers are approved by the Moscow Committee for Architecture, the Department of Education and Health, the Departments of Housing Policy and Housing Fund, and others. The developed design and estimate documentation undergoes environmental assessment, as well as industrial and fire safety assessments.
After receiving the conclusion of the Moscow State Expertise, the project is transferred to the customer (investor) for tendering to select a contractor, as well as suppliers of equipment, construction materials and services. At the same time, the technical customer prepares materials for the competition, monitors the timing of its holding, in other words, takes a direct part in organizing the process from start to finish.
And now a team of specialist developers has been formed, but before letting it onto the site, the technical customer will have to obtain a construction permit. It is necessary to draw up documents for the allocation of land for construction work, and also, during the period of construction work, obtain permission from the city’s operational services to use existing communications. In addition, obtain permission to carry out work in the area of overhead power lines in the right of way of railways and highways, underground communications and engineering structures.
A separate story with permission to cut down and replant green spaces: you can get rid of a tree that has fallen into the construction zone of an object only if you can prove the need for cutting down, for this you need to go to the construction site together with experts from the center for resolving these issues.
The technical customer's area of responsibility includes the creation of a geodetic alignment basis for construction, laying out the axes and routes of buildings and structures, monitoring buildings and structures during construction, supervising geological exploration and drilling work during surveys for construction. This is not a complete list, but, in our opinion, it is quite sufficient to understand the volume of work of the technical customer at this stage.
During construction, the technical customer carries out control and technical supervision, and this is not only about checking the quality of the materials, structures and equipment used. The technical customer acts as an inspector who monitors the timing, volume, cost and quality of work in accordance with the project and the requirements of regulatory documents.
And now, when the path from the city plan to the construction of the facility has been completed, and the house is ready, the many-sided activities of the technical customer are approaching the final stage. All that remains is to complete the paperwork necessary for acceptance and commissioning of the facility. The technical customer transfers a complete package of documents, including BTI materials and warranty obligations, to the customer - the owner of the newly built house - for registration of ownership.
The work of the technical customer in the field of financing, accounting and reporting at all stages of the project deserves special attention. After all, it is he who determines and agrees with the contractor, with the participation of the design and subcontracting organizations, contractual prices for the construction of facilities, checks the invoices submitted for payment for the work performed by contractors, suppliers, design, survey and other organizations. Controls the expenditure of the estimated limit for the appropriate structure of capital investments, as well as the reliability of accounting for construction projects and costs. The technical customer promptly prepares reports on the use of allocated funds, both to the investor and to the relevant government bodies - for all types of activities.
So, we hope it is now clear why construction market experts compare the technical customer to “a locomotive that pulls a construction site,” “a conductor in an orchestra,” and “a producer in a movie.” The technical customer, whatever you call him, plays a leading role in the organization of construction, and is needed by everyone: the customer, designers and contractors, regardless of the form of the investment project. However, we emphasize that the breakdown of the functions and responsibilities of the technical customer was carried out, first of all, in the context of his many years of practice, that is, based on the budget financing system, when funds for construction are distributed through the government customer service.
Even with the transition to a market economy, the role of the technical customer as a link between the state and large developers has essentially not changed. Moskapstroy is a striking example of this, a company with more than half a century of experience, which has gone from UKS and GlavUks to a self-supporting association for the provision of engineering services with subsequent transformation into a joint-stock company. Today, the priority direction in the work of our company remains urban order objects, but at the same time we successfully cooperate with commercial structures of the capital and regions.
There is an opinion that it is reasonable for an investor to invite professionals to manage a large single project, whereas for a large long-term construction program, an in-house technical customer service is created. Indeed, there are major players in the market that have their own management structure, but they are gradually moving away from this practice. When constructing complex and large-scale projects, investors turn to the technical customer service for help, and we are no longer talking about single orders, but about a trend, so we will talk about this separately.
In partnership with an investor
Who is a technical customer and is one needed at all? This is the most difficult question for any investor. The technical customer service involved in the investment project can be called in another way a management company that knows a lot about urban planning. In fact, this is both management and consulting, and the investor can entrust the technical customer with both full support of the project and its individual stages.
At the stage of obtaining permits, it may seem that the role of the technical customer is reduced to executive functions. However, experienced investors know how important it is, already at the first stage of project promotion, to build the best possible partnership with the technical customer, on whom the optimization of the entire project, saving time and material resources depends.
First of all, we are talking, again, about obtaining, depending on the complexity of the object, a huge number of different conclusions, agreements, and statements. In this case, it is necessary to take into account the timing of consideration or execution of applications, as well as the fact that most of them are regulated by several legal or by-laws, and violation of the simplest formal requirements leads to a reasoned refusal. This is where a team of specialists comes to the rescue, capable of obtaining permission from the necessary approval authorities in a timely manner.
In addition, the technical customer takes on more than a simple role as a link between the investor and the designers. Only a professional is able to understand the client’s language and convey his wishes to the architect, whose statements will, in turn, have to be translated into the investor’s language. That is, it is necessary to take into account the interests of everyone and at the same time comply with the rules of the game.
According to technical customer service specialists, they try to give the investor the most comprehensive and complete answer to every, even the most insignificant problem. Typically, an investor does not have full knowledge in the field of capital construction; his team may not have either construction experts or lawyers specializing in this topic. Only a manager can guide him in matters of obtaining technical specifications, applying new technologies in construction and other well-known methods for optimizing a project.
As a result, the increase in costs associated with attracting a technical customer will result in serious savings. The technical customer knows the specifics of organizing the construction process, in which there is a clear sequence of tasks, and he solves them without wasting time, relieving the investor of unforeseen costs.
During construction, a lot of questions arise that were not taken into account in the project plans and budgets. Here, for example, is a recent case from the practice of Moskapstroy, when at an inspected construction site in an open pit, an old bomb shelter was discovered that was not marked on the geological basis. As experts note, in resolving such issues, efficiency is needed; delays at any stage are fraught with additional costs, especially if this leads to an increase in construction time.
In fact, each object has features that sometimes require a radical revision of the project development strategy and the composition of project documentation. And here the technical customer becomes not just a full partner, but also a trusted representative of the investor on the construction site. In this case, you should trust the specialized service of the technical customer, which has knowledge and practice of applying legislation and regulations, is able to maintain a large amount of current documentation and its own intermediate control of documents developed by external organizations. The technical customer maintains financial records and monitors the compliance of the volumes and quality of work presented for payment, monitors cost efficiency and profitability of the project at all stages of development.
At the same time, we emphasize once again that the technical customer is not only a professional in the field of construction, but also a competent manager with organizational skills and the ability to conduct any negotiations. With the right approach and effective organization of the construction process, the technical customer is a performer, consultant and manager in one person, but, above all, it is a partner who, while complying with regulatory requirements and the quality of work, defends the interests of the investor.
__________ "___"________ ____ g.We refer to__ hereinafter as the “Customer-Developer”, represented by ____________________, acting__ on the basis of ____________________, on the one hand, and ____________________, hereinafter referred to as the “Technical Customer”, represented by ____________________, on the other hand, together referred to as the “Parties”, have concluded this Agreement on as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The technical customer, on behalf of and on behalf of the customer-developer, undertakes:
conclude agreements with contractors on the performance of engineering surveys, on the preparation of design documentation, on construction, reconstruction, and major repairs of capital construction projects. The addresses of capital construction projects or linear facilities (hereinafter referred to as “facilities”), the timing of the planned types of work on them, the Customer-developer communicates with the assignment to the Technical Customer;
prepare assignments for the execution of types of work specified by the customer-developer;
provide persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, major repairs of capital construction projects with materials and documents necessary to perform these types of work;
approve design documentation, sign documents necessary to obtain permission to put a capital construction project into operation;
carry out other functions provided for by the Town Planning Code of the Russian Federation.
1.2. The technical customer guarantees its right to carry out the types of construction work specified in the Contract (or: reconstruction, major repairs of a capital construction project) _______________________ (independently or ensuring such a right with the involvement of other persons meeting these requirements).
1.3. When performing the Agreement, the Technical Customer performs the following functions:
Development of a business plan and feasibility study;
Obtaining all necessary permits and approvals;
Development, coordination with the Customer-developer, execution, communication to the performers of tasks for performing the types of work specified by the Customer-developer;
Obtaining approvals and technical conditions for connecting the facility to existing networks;
Obtaining confirmation from the administration of the locality (district) of the validity of all issued technical conditions for electricity supply, water supply, sewerage discharges, heating, radio installation, telephone installation;
Preparation of initial data for the development of project documentation;
(additional option: - preliminary selection of designers, contractors, manufacturers and equipment suppliers;)
Selecting design and survey organizations on a competitive basis and concluding agreements with them to carry out the relevant design and survey work for the construction of _________________________ (or: reconstruction, major repairs);
(additional option: - examination of the project, including environmental;
Development and approval of design and estimate documentation;)
Determining an insurance company and agreeing on the terms and conditions of construction risk insurance;
Preparation of a land plot (or: construction site) for work;
Realization of site boundaries, red lines and other development control lines, elevations, axes of buildings and structures, utility routes, as well as construction site boundaries;
Selection on a competitive basis of contractors for the supply of materials, contractors for the performance of work, provision of services in construction and the conclusion of agreements (contracts) with them;
Checking the necessary licenses and certificates from performers of work and suppliers of materials;
Approval of work schedules;
Creation and transfer to the contractor of a geodetic alignment base;
Transferring documents on land allocation, necessary approvals and permits to the contractor;
Transfer to the contractor for the execution of work of approved and examined design and estimate documentation in accordance with the Urban Planning Code of the Russian Federation in the quantity necessary to carry out the work of the contractor and involved organizations;
Establishing a procedure for maintaining executive and production documentation not directly provided for by regulatory documents, and reporting this to the contractor;
Indicating to the contractor the specific composition of the acceptance and delivery documentation required for acceptance of the facility into operation;
Notifying the contractor of established storage and removal sites for soil, garbage, materials from dismantling, cutting of plantings unsuitable for recycling, quarries for the delivery of missing soil, connection points and transfer of permits for connection to existing power supply networks, water supply, sewerage, etc.;
Coordination with relevant organizations of the procedure for installation, testing and registration of technological lifting mechanisms and equipment operating under high pressure;
Acceptance, accounting, storage, pre-installation inspection and transfer for installation or production of equipment, components and other material and technical resources, the supply of which under the contract is entrusted to the Technical Customer;
Work quality control;
Approval of the list of persons who, on his behalf, are authorized to carry out construction control over the construction and installation (repair) work and check the quality of the materials, structures and equipment used, accept hidden and completed work and give instructions on the termination or temporary suspension of work;
Registration with state regulatory authorities of officials responsible for carrying out high-risk work and compliance with special requirements of supervised services;
Acceptance of completed work from the contractor in accordance with the terms of the contract;
Inspection of hidden work and intermediate acceptance of critical structures;
If necessary, making changes to the design and estimate documentation, its re-approval and changing the deadlines for completing certain types of work or stages of construction;
Acceptance for balance or responsible storage of buildings and structures, incl. temporary, built on a construction site after its transfer for construction of the facility;
In agreement with the Customer-developer, making a decision on the temporary cessation of construction and conservation of the facility, approving estimates for conservation work and monitoring their implementation;
Acceptance of mothballed objects from the contractor, organization of protection of material assets;
Control over construction, compliance of the volume, cost and quality of work with projects, estimates and contract prices, building codes and regulations for the production and acceptance of this work;
If deviations from the project are detected, the use of materials and work performed, the quality of which does not meet the requirements of technical specifications, GOSTs and SNiPs, issuing orders to suspend work and correct detected defects and imposing sanctions on the guilty party as provided for in the contract;
Monitoring the implementation of the work schedule;
Timely payment for work and services;
Organization of acceptance and commissioning of a completed facility;
Conclusion of contracts and organization of installation supervision and commissioning works;
Commissioning of objects;
Transfer to the Customer-developer (user) of the facility and the necessary documentation, including warranty obligations, as well as technical information in accordance with the Law “On the Protection of Consumer Rights”;
Quality control of work during the warranty period;
Analysis of costs for individual expense items and types of work and services and taking measures for the efficient use of resources allocated by the Customer-developer, control over the expenditure of funds and write-off of material resources;
Clarification of technical and financial issues to regulatory authorities;
Sales of unfinished construction projects;
Notifying control authorities about identified cases of emergency conditions at the construction site;
Monitoring the contractor’s compliance with the instructions of state supervisory authorities and designer’s supervision, the requirements of installation supervision organizations in terms of safe construction methods, the quality of work and the materials and building structures used.
1.4. Special functions of the Technical Customer:
If, in accordance with the Town Planning Code of the Russian Federation, state construction supervision is provided for during construction (reconstruction, major repairs of a capital construction project), the Technical Customer in advance, but no later than seven working days before the start of construction (reconstruction, major repairs of a capital construction project) sends to the authorized for the implementation of state construction supervision, a federal executive body, an executive body of a constituent entity of the Russian Federation (hereinafter also referred to as state construction supervision bodies) a notice of the start of such work with the necessary documents attached;
If during the construction (reconstruction, major repairs) an object is discovered that has signs of a cultural heritage object, the Technical Customer shall suspend construction (reconstruction, major repairs) and notify the authorities provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object.
1.5. Rights and obligations under transactions completed by the Technical Customer arise directly from the Customer-developer.
1.6. The technical customer guarantees the absence of contractual and other relationships with persons that could influence the execution of this Agreement. The technical customer guarantees its independence and objectivity during the execution of this Agreement.
1.7. Orders under this Agreement are executed at the location of the Technical Customer. If it is necessary to travel to other populated areas, the Customer-Developer pays for the travel and accommodation of the Technical Customer’s employees at the rate of:
Tickets: _____________________________________________;
Accommodation (hotel): _____ (__________) rubles per day;
Meals: _____ (__________) rubles per day.
1.8. All costs associated with the implementation of this Agreement and not specified in the Agreement or not agreed upon by the Parties when accepting the assignment of the Customer-Developer for execution, the Technical Customer shall bear independently at the expense of his remuneration.
2. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
2.1. The technical customer is obliged:
2.1.1. Carry out instructions under this Agreement in the manner and within the time limits established by the assignments of the Customer-Developer, on the terms agreed upon by the Parties.
2.1.2. Execute the assignment under this Agreement personally, if necessary, involving third parties.
2.1.3. Provide access for the Customer-developer to the construction site to monitor the compliance of the volume and quality of work performed by contractors, accompanied by a representative of the Technical Customer.
2.1.4. Promptly notify the Customer-Developer of the occurrence of circumstances beyond the control of the Technical Customer that make it impossible for the Technical Customer to properly (high-quality and timely) fulfill its obligations under this Agreement.
2.1.5. After putting the object into operation, transfer it to the Customer-developer according to the acceptance certificate.
2.1.6. During the transfer of the finished object, ensure that, at the request of the administrative and technical inspection and other authorized organizations, the deficiencies and defects specified in the defect report are eliminated.
2.1.7. Transfer to the Customer-Developer the necessary documents (copies) available to the Technical Customer for state registration of ownership of the constructed facility.
2.1.8. Ensure that the Customer-Developer receives a report on the implementation of this Agreement on a monthly (quarterly, semi-annual) basis no later than the _____ day of the month following the reporting period.
2.1.9. To inform the Customer-developer, upon his request, all information about the progress of execution of orders under this Agreement.
2.1.10. Transfer to the Customer-developer without delay everything received under transactions completed in pursuance of the order.
2.1.11. Within _____ days from the date of execution of each order under this Agreement, return to the Customer-developer the power of attorney, which has not expired, and submit a report on the execution of the order with supporting documents attached.
2.1.12. Properly fulfill your other obligations provided for in this Agreement.
2.2. The technical customer has the right:
2.2.1. Derogate from the instructions of the Customer-developer if, under the circumstances of the case, this is necessary in the interests of the Customer-developer and the Technical Customer could not previously request the Customer-developer or did not receive a response to his request within _______________ from the date of its sending. The technical customer is obliged to notify the customer-developer of any deviations as soon as notification becomes possible.
2.2.2. Refuse to fulfill the assignment under this Agreement at any time by notifying the Customer-Developer about this _______________.
2.2.3. Conclude contracts with contractors on behalf of the customer-developer. Monitor the compliance of the volume and quality of construction work (reconstruction, major repairs) performed by contractors.
2.2.4. Check at any time the progress and quality of work, the compliance of the materials used, without interfering with the operational and economic activities of contractors and other persons.
2.2.5. With notice to the Customer-Developer, transfer its individual rights and obligations under this Agreement to a third party, subject to the latter’s acceptance of part of the duties, conditions and obligations under this Agreement. The transfer of rights and obligations is formalized by an appropriate agreement.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER-DEVELOPER
3.1. The customer-developer is obliged:
3.1.1. After concluding this Agreement, provide the Agent with the acceptance certificate, the Charter, and other necessary documents at the written or oral request of the Technical Customer.
3.1.2. Issue to the Technical Customer a power of attorney (powers of attorney) to perform the actions specified in clause 1.1 of this Agreement.
3.1.3. Pay the Technical Customer remuneration in the amount, manner and on the terms established by this Agreement.
3.1.4. Reimburse the Technical Customer for the costs incurred for the execution of this Agreement.
3.1.5. Promptly provide the Technical Customer with the funds necessary to execute orders under this Agreement.
3.1.6. Issue tasks for objects in a timely manner, coordinate with the Technical Customer the conditions for their implementation.
3.1.7. Without delay, accept from the Technical Customer everything performed under this Agreement.
3.1.8. Fulfill obligations under contracts concluded by the Technical Customer on behalf and at the expense of the Customer-developer in accordance with clause 1.1 of this Agreement.
3.1.9. If necessary, take part in coordination with authorized government bodies, approval and receipt of permits and other documentation necessary for carrying out work in accordance with the Agreement.
3.1.10. Appoint representatives to participate in the work of the commission for the acceptance of the completed construction project.
3.1.11. Accept the object from the Technical Customer according to the acceptance certificate.
3.1.12. From the moment the object is accepted, bear the burden of its maintenance, including the risk of accidental death, as well as other responsibilities provided for by the current legislation of the Russian Federation.
3.1.13. If this Agreement is terminated before the order is fully executed by the Technical Customer, the Customer-Developer is obliged to pay the Technical Customer a remuneration in proportion to the work performed by him, as well as reimburse the Technical Customer for the costs incurred in executing the order.
The condition established by this paragraph does not apply to the execution by the Technical Customer of an order after he learned or should have learned about the termination of the order.
3.1.14. Do not independently engage contractors to perform work on objects accepted for execution by the Technical Customer.
3.2. The customer-developer has the right:
3.2.1. Require the Technical Customer to fulfill its obligations under this Agreement.
3.2.2. Determine the volumes of investment use in accordance with this Agreement, the project and the estimate.
3.2.3. Involve other technical customers to perform work on objects that are not accepted for execution by the Technical Customer.
3.2.4. Ensure control over the compliance of the volume and quality of work performed. When monitoring the progress of work, the Customer-Developer or his authorized person must move around the construction site, accompanied by an authorized representative of the Technical Customer, while strictly observing safety regulations.
3.2.5. Transfer your rights and obligations under this Agreement to third parties.
3.2.6. At any time, request from the Technical Customer information and reports on the progress of the Contract, copies of documents confirming the work carried out by the Technical Customer.
3.2.7. Provide the Technical Customer with instructions on the procedure and other conditions for executing orders under this Agreement. The instructions of the Customer-developer must be legal, feasible and specific.
3.2.8. Cancel the order under this Agreement at any time by notifying the Technical Customer about this _______________.
4. SETTLEMENT PROCEDURE BETWEEN THE PARTIES
4.1. The Technical Customer's remuneration under the Agreement is _____ (__________) rubles, including VAT - _____ (__________) rubles.
4.2. Payment of remuneration (clause 4.1 of this Agreement) is made by the Customer-developer at a time within _____ (__________) days from the date of receipt of the Technical Customer’s report by transferring funds to the Technical Customer’s account.
4.3. The amount of remuneration established by clause 4.1 of this Agreement may be changed in the following cases:
4.3.1. Changes in design and estimate documentation.
4.3.2. _______________________________________.
3.3. The customer-developer shall reimburse the costs of the Technical Customer for carrying out the assignment under this Agreement in the manner and within the time limits established by the assignment for the facility by transferring funds to the account of the Technical Customer or according to invoices for payment issued by contractors.
5. PROCEDURE FOR TRANSFERING THE FINISHED OBJECT. ELIMINATION OF DEFECTS
5.1. Upon completion of construction (reconstruction, major repairs) and when the object is ready for transfer, the Technical Customer shall send the corresponding written notification to the Customer-developer within __ days. The transfer of the finished object (object) to the customer-developer is carried out according to the act of acceptance and transfer of the object. The act is signed by both Parties or their authorized representatives and certifies that the Parties have fulfilled their obligations under this Agreement and that the Parties have no mutual claims of a property or non-property nature.
Additional option: 5.2. Ownership of the object is formalized by the customer-developer independently after the finished object is transferred to him.
5.3. After the transfer of the property to the Customer-developer, the Parties will take all necessary measures to formalize the rights of the Customer-developer to the land plot.
5.4. Evidence of the quality of the finished object transferred to the Customer-developer, its compliance with construction and technical norms and rules, the project is the signing by the acceptance committee of the acceptance certificate for the completed construction of the finished object into operation.
5.5. When accepting the finished object, the customer-developer is obliged to declare all the shortcomings that can be identified during the usual method of acceptance. The warranty period under this Agreement is _______________ from the moment the facility is accepted into operation under the act.
5.6. If deficiencies are discovered within the period established in clause 5.5 of this Agreement, the Customer-Developer has the right to contact the Technical Customer with a request to eliminate them. Elimination of deficiencies is carried out within _______________ after receiving a written application from the Customer-developer.
6. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR SETTLEMENT OF DISPUTES
6.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.
6.2. In the event that the Customer-Developer violates the deadlines for making investments, paying remuneration, and compensating the costs of the Technical Customer under this Agreement, including for various objects established by the Financing Schedules, the Technical Customer has the right to increase the deadline for fulfilling its obligations in proportion to the period of delay in fulfilling its obligations by the Customer-Developer.
6.3. The risk of consequences of damage or destruction of the finished object passes from the Technical Customer to the Customer-Developer upon signing the acceptance certificate for the object under this Agreement.
6.4. The Parties will strive to resolve all disputes and disagreements out of court.
6.5. If the Parties fail to reach an agreement, the dispute is referred to the court in accordance with the current legislation of the Russian Federation.
Additional option: 6.6. To ensure the fulfillment of its obligations, the Technical Customer provides the Customer-developer with a guarantee (guarantee, pledge, etc.).
6.7. The technical customer is responsible for non-compliance of the object with the project, building codes and regulations, including those identified after acceptance of the object, during the warranty period.
6.8. In the event of failure or improper performance by the Technical Customer of its obligations under this Agreement, the Customer-Developer has the right to present to the Technical Customer a claim for compensation for losses (correction of identified deficiencies at the expense of the Technical Customer, etc.).
7. PRIVACY
7.1. Any information about the financial position of the Parties and the terms of this Agreement, as well as agreements with third parties involved in construction (reconstruction, major repairs), is considered confidential and is not subject to disclosure. Other confidentiality conditions may be established at the request of any of the Parties.
8. RELEASE OF LIABILITY (FORCE MAJEURE)
8.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances (force majeure), i.e. extraordinary and insurmountable circumstances under given conditions, in particular floods, earthquakes, other natural disasters or any other natural phenomena, epidemics, terrorist acts, military operations, as well as changes in current legislation, the adoption of regulations of local authorities that make it impossible fulfillment by the Parties of their obligations.
Proper evidence of the existence of the above-mentioned force majeure circumstances and their duration will be certificates issued by the competent authorities.
8.2. In case of changes in legislative and regulatory acts that worsen the situation of the Parties in comparison with their condition on the date of conclusion of this Agreement and lead to additional costs of time and money, the agreed terms for completing the work are increased in proportion to this time. The terms and cost of the Agreement in this case are specified in the additional agreement.
8.3. The period for fulfilling obligations under this Agreement increases in proportion to the time during which such circumstances and their consequences existed.
8.4. If, due to the circumstances specified in clause 8.1 of this Agreement, the delay in fulfilling obligations under this Agreement is more than _______________, any of the Parties has the right to refuse the unfulfilled part of the Agreement. In this case, neither Party has the right to demand compensation for losses.
9. VALIDITY AND CHANGE (TERMINATION) OF THE AGREEMENT
9.1. This Agreement comes into force on the date of its signing by the Parties and terminates after the Parties have fulfilled all obligations under it and completed mutual settlements between the Parties.
9.2. The terms of this Agreement may be changed by agreement of the Parties. All changes, additions and agreements to this Agreement are integral parts of this Agreement if made in writing and signed by the Parties.
9.3. This Agreement may be terminated by agreement of the Parties, subject to agreement on mutual settlements at the time of termination, as well as in other cases provided for by the legislation of the Russian Federation.
9.4. In case of conservation of an unfinished construction facility, the Parties shall extend the validity of this Agreement or determine the conditions for its termination.
10. FINAL PROVISIONS
10.1. This Agreement is drawn up in two copies having equal legal force, one copy for each Party.
10.2. The notices, notices or other messages provided for in this Agreement that are relevant to the relations of the Parties must be delivered in person or sent by the Parties to each other by registered letters or telegrams with return receipt requested at the addresses specified in this Agreement as the legal and postal addresses of the Parties.
10.3. In the event of a change in telephone number, place of registration, postal address, or other details, the Parties are obliged to immediately send each other notifications of these changes in the manner prescribed above. All information and correspondence sent to the telephone number and address specified in this Agreement are considered received by the Party that changed its address and telephone number and did not notify about it, which bears the risks of all adverse consequences.
10.4. Simultaneously with the signing of the Agreement, the Parties appoint their authorized representatives under the Agreement, defining their competence, and notify each other about this.
10.5. After the conclusion of this Agreement, all previous agreements between the Parties - both written and oral - are considered null and void.
10.6. In everything else that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
10.7. Details of the Parties:
Technical customer: ___________________________________________________
________________________________________________________________
Customer-developer: _________________________________________________
________________________________________________________________
________________________________________________________________
Applications:
1. Form of assignment for the construction work project (Appendix No. 1).
2. Financing schedule form (Appendix No. 2).