Article 723. Responsibility of the contractor for the inadequate quality of work.
1. In cases where the work has been performed by the contractor with deviations from the contract agreement, which have worsened the result of the work, or with other defects that make it unsuitable for the use stipulated in the contract or in the absence of a corresponding unsuitable condition for normal use in the contract, the customer has the right otherwise not established by law or contract, at its choice to require from the contractor:
gratuitous elimination of defects in a reasonable time;
a commensurate reduction of the price established for the work;
reimbursement of their expenses for elimination of deficiencies, when the right of the customer to eliminate them is provided for in the contract agreement (Article 397).
2. The contractor shall have the right, instead of rectifying the deficiencies for which he is responsible, to perform the work again without compensation, with compensation to the customer for the losses caused by the delay in the execution. In this case, the customer is obliged to return the result of the work previously transferred to him to the contractor, if by the nature of the work such a return is possible.
3. If deviations in work from the terms of the contract or other defects in the result of the work within a reasonable time period established by the customer are not eliminated or are significant and irremovable, the customer has the right to refuse to perform the contract and demand compensation for damages.
4. The provision of a contract for the release of the contractor from liability for certain defects does not relieve him of responsibility if it is proved that such defects arose as a result of the contractor’s guilty actions or omissions.
5. The contractor who provided material for the work is responsible for its quality according to the rules on the seller’s responsibility for goods of inadequate quality (Article 475).
<< Article 722 TKRF Back to table of contents Article 724 TKRF >>
Links to other articles of chapter 37. Contract:
Article 702. Contract Agreement
Article 703. Work performed under a contract.
Article 704. Performance of work by dependent contractor.
Article 705. The distribution of risks between the parties.
Article 706. General Contractor and Subcontractor.
Article 707. Participation in the performance of work of several persons.
Article 708. Deadlines for the performance of work.
Article 709. Price of work.
Article 710. Saving the contractor.
Article 711. Procedure for payment for work.
Article 712. The right of the contractor to retain.
Article 713. Performance of work using the customer’s material.
Article 714. The responsibility of the contractor for the failure to preserve the property provided by the customer.
Article 715. Rights of the customer during the performance of work by the contractor.
Article 716. Circumstances about which the contractor is obliged to warn the customer.
Article 717. Refusal of the customer to perform the contract.
Section 718. Customer Assistance
Article 719. Failure by the customer of the counter obligations under the contract agreement.
Article 720. Acceptance by the customer of the work performed by the contractor.
Article 721. Quality of work.
Article 722. Quality Assurance.
Article 724. The timing of detection of inadequate quality of the result of the work.
Article 725. Limitation on claims about inadequate quality of work.
Article 726. The duty of the contractor to transfer information to the customer.
Article 727. Confidentiality of information received by parties.
Article 728. Return by the contractor of property transferred by the customer.
Article 729. Consequences of termination of a contract of work prior to acceptance of the result of the work.
Article 730. Household Contract.
Article 731. Guarantees of the rights of the customer.
Article 732. Providing the customer with information about the proposed work.
Article 733. Performance of work from the material of the contractor.
Article 734. Performance of work from the customer’s material.
Article 735. Price and payment for work.
Article 736. A warning to the customer about the conditions of use of the work performed.
Article 737. Consequences of finding deficiencies in the work performed.
Article 738. Consequences of the absence of the customer for obtaining the result of the work.
Article 739. The rights of the customer in the event of improper performance or non-performance of work under a household contract.
Article 740. Construction Contract.
Article 741. The distribution of risk between the parties.
Article 742. Insurance of a construction object.
Article 743. Technical documentation and estimates.
Article 744. Amendments to technical documentation.
Article 745. The provision of construction materials and equipment.
Article 746. Payment for work.
Article 747. Additional obligations of the customer under a construction contract.
Article 748. Control and supervision of the customer over the performance of work under a construction contract.
Article 749. Participation of an engineer (engineering organization) in the exercise of rights and the fulfillment of customer duties.
Article 750. Cooperation of the parties in a construction contract.
Article 751. Obligations of the contractor for the protection of the environment and the safety of construction work.
Article 752. Consequences of the conservation of construction.
Article 753. Surrender and acceptance of work.
Article 754. The responsibility of the contractor for the quality of work.
Article 755. Quality assurance in a construction contract.
Article 756. The timing of detection of inadequate quality of construction work.
Article 757. Elimination of defects at the expense of the customer.
Article 758. Contract for the performance of design and exploration work.
Article 759. Baseline data for the design and survey work.
Article 760. Obligations of the contractor.
Article 761. Responsibility of the contractor for inadequate performance of design and exploration work.
Article 762. Duties of the customer.
Article 763. State or municipal contract for the performance of contract work for state or municipal needs.
Article 764. Parties to a state or municipal contract.
Article 765. Grounds and procedure for concluding a state or municipal contract.
Article 766. The content of a state or municipal contract.
Article 767. Amendment of a state or municipal contract.
Article 768. Legal regulation of a state or municipal contract.