Chapter 37. Contract.

Article 702. Contract Agreement
1. Under a work contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand it over to the customer, and the customer undertakes to accept the result of the work and pay for it. 2. For certain types of contract (household contract, construction contract, contract for design and exploration work, contract work for state needs) the provisions provided for in this paragraph shall apply unless otherwise established by the rules of this Code on these types of contracts.

Article 703. Work performed under a contract.
1. A contract is concluded for the manufacture or processing (processing) of a thing or for the performance of another work with the transfer of its result to the customer. 2. Under the work contract concluded for the manufacture of a thing, the contractor transfers the rights to it to the customer. 3. Unless otherwise provided by the contract, the contractor shall independently determine the methods for carrying out the customer’s task.

Article 704. Performance of work by dependent contractor.
1. Unless otherwise provided by the contract agreement, the work is performed by the dependent contractor - from his materials, by his forces and means. 2. The contractor shall be responsible for the inadequate quality of the materials and equipment provided to them, as well as for the provision of materials and equipment burdened with the rights of third parties.

Article 705. The distribution of risks between the parties.
1. Unless otherwise provided by this Code, other laws or a contract agreement: the risk of accidental death or accidental damage to materials, equipment transferred for processing (processing) of a thing or other property used for the execution of the contract is borne by the providing party; the risk of accidental death or accidental damage to the result of the work performed before it is accepted by the customer is borne by the contractor. 2. In case of a delay in the transfer or acceptance of the result of the work, the risks provided for in paragraph 1 of this article shall be borne by the party who has allowed the delay.

Article 706. General Contractor and Subcontractor.
1. If the obligation of the contractor to perform the work provided for in the contract personally does not follow from the law or the contract, the contractor shall have the right to involve other persons (subcontractors) in the performance of his obligations. In this case, the contractor acts as a general contractor. 2. A contractor who has contracted a subcontractor to execute a contract in violation of the provisions of paragraph 1 of this article or the contract shall be liable to the customer for damages caused by the participation of the subcontractor in the performance of the contract. 3. The general contractor shall be liable to the customer for the consequences of non-performance or improper performance of obligations by the subcontractor in accordance with the rules of paragraph 1 of Article 313 and Article 403 of this Code, and to the subcontractor - responsibility for the failure to fulfill or improper performance of obligations by the customer under the contract. Unless otherwise provided by law or contract, the customer and the subcontractor shall not have the right to make demands to each other related to the violation of the contracts concluded by each of them with the general contractor. 4. With the consent of the general contractor, the customer is entitled to conclude contracts for the performance of individual works with other persons. In this case, these persons are responsible for the failure to perform or improper execution of the work directly to the customer.

Article 707. Participation in the performance of work of several persons.
1. If two or more persons act at the same time as the contractor, if the subject of the obligation is indivisible, they are recognized as joint debtors to the customer and, accordingly, joint creditors. 2. When the subject matter of the obligation is divisible, as well as in other cases stipulated by law, other legal acts or a contract, each of the persons specified in paragraph 1 of this article acquires rights and bears obligations towards the customer within its share (article 321).

Article 708. Deadlines for the performance of work.
1. The work contract shall indicate the initial and final deadlines for the performance of the work. By agreement between the parties, the contract may also provide for deadlines for the completion of individual phases of work (intermediate deadlines). Unless otherwise established by law, other legal acts, or provided for by the contract, the contractor shall be liable for the violation of both the initial and final and intermediate deadlines for the performance of work. 2. The initial, final and intermediate deadlines specified in the work contract may be changed in the cases and in the manner provided by the contract. 3. The consequences of delay in performance specified in paragraph 2 of Article 405 of this Code occur in violation of the deadline for the performance of work, as well as other deadlines established by the contract agreement.

Article 709. Price of work.
1. The work contract shall indicate the price of the work to be performed or the methods for determining it. In the absence of such indications in the contract, the price is determined in accordance with paragraph 3 of Article 424 of this Code. 2. The price in the contract includes compensation for the costs of the contractor and the remuneration due to him. 3. The price of the work can be determined by budgeting. In the case when the work is performed in accordance with the estimate drawn up by the contractor, the estimate becomes effective and becomes part of the contract agreement from the time it is confirmed by the customer. 4. The price of the work (estimate) may be approximate or firm. In the absence of other indications in the contract, the price of the work shall be deemed fixed. 5. If there is a need for additional work and for this reason, in a substantial excess of the estimated price of work, the contractor is obliged to promptly notify the customer. The customer who has not agreed to exceed the price specified in the work contract has the right to withdraw from the contract. In this case, the contractor may require the customer to pay him the price for the part of the work done. The contractor, who did not timely warn the customer about the need to exceed the price of work specified in the contract, is obliged to fulfill the contract, retaining the right to pay for the work at the price specified in the contract. 6. The contractor does not have the right to demand an increase in the fixed price, and the customer of its reduction, including in the case when, at the time of the conclusion of the contract, the opportunity to provide for the full amount of work to be performed or the necessary expenses for this was excluded. With a significant increase in the cost of materials and equipment provided by the contractor, as well as services rendered to him by third parties that could not be foreseen when concluding the contract, the contractor has the right to demand an increase in the established price, and if the customer refuses to fulfill this requirement, terminate the contract in accordance with Article 451 of this Code.

Article 710. Saving the contractor.
1. In cases where the actual costs of the contractor were less than those that were taken into account when determining the price of the work, the contractor retains the right to pay for the work at the price stipulated by the contract if the customer does not prove that the savings received by the contractor affected the quality of the work performed. 2. The contract may provide for the distribution of savings received by the contractor between the parties.

Article 711. Procedure for payment for work.
1. If the contract does not provide for advance payment of the work performed or its individual stages, the customer is obliged to pay the contractor the agreed price after the final delivery of the results of the work, provided that the work was done properly and within the agreed time, or with the consent of the customer ahead of schedule. 2. The contractor shall have the right to demand payment to him of an advance or a deposit only in the cases and in the amount specified in the law or the contract agreement.

Article 712. The right of the contractor to retain.
If the customer fails to pay the established price or other amount due to the contractor in connection with the performance of the contract, the contractor has the right to withhold the result of the work, as well as the equipment belonging to the customer for processing (processing) things in accordance with Articles 359 and 360 of this Code. , the remainder of the unused material and other property of the customer, which turned out to be his, until the customer pays the corresponding amounts.

Article 713. Performance of work using the customer’s material.
1. The contractor is obliged to use the material provided by the customer economically and prudently, after completion of the work, submit to the customer a report on the consumption of material, and also return its balance or, with the consent of the customer, reduce the price of work, taking into account the cost of unused material remaining with the contractor. 2. If the result of the work was not achieved or the achieved result turned out to be deficiencies that make it unsuitable for the use stipulated in the contract, and in the absence of a corresponding condition in the contract not suitable for normal use, for reasons caused by the defects of the material provided by the customer, the contractor has the right to demand payment for his work. 3. The contractor may exercise the right referred to in paragraph 2 of this article, if he proves that the defects in the material could not be detected by the contractor’s proper acceptance of this material.

Article 714. The responsibility of the contractor for the failure to preserve the property provided by the customer.
The contractor shall be liable for the non-safety of the material provided by the customer, equipment transferred for processing (processing) of the thing or other property that the contractor has in possession of in connection with the performance of the contract agreement.

Article 715. Rights of the customer during the performance of work by the contractor.
1. The customer has the right at any time to check the progress and quality of work performed by the contractor, without interfering with its activities. 2. If the contractor does not proceed in a timely manner to the execution of the contract or performs the work so slowly that it is clearly impossible to finish it by the deadline, the customer has the right to refuse to perform the contract and demand compensation for damages. 3. If during the execution of the work it becomes obvious that it will not be performed properly, the customer has the right to appoint a contractor a reasonable time to correct the deficiencies and if the contractor fails to fulfill this requirement at the appointed time, refuse the contract agreement or charge the other person with the repair and also claim damages.

Article 716. Circumstances about which the contractor is obliged to warn the customer.
1. The contractor shall be obliged to immediately notify the customer and, until receiving instructions from him, to suspend work upon detection of: the unsuitability or poor quality of the material provided by the customer, equipment, technical documentation or the thing transferred for processing (processing); possible adverse for the customer consequences of his instructions on the method of execution of the work; other circumstances beyond the control of the contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time. 2. The contractor, who did not warn the customer about the circumstances specified in clause 1 of this article, or continued to work without waiting for the deadline specified in the contract, and if there is no reasonable time limit for responding to the warning or despite promptly indicating the customer to stop working, shall have the right to refer to the specified circumstances upon the presentation to him or the customer of the corresponding requirements. 3. If the customer, despite timely and reasonable warning from the contractor about the circumstances specified in paragraph 1 of this article, within a reasonable time does not replace the unsuitable or poor quality material, equipment, technical documentation or the item transferred for processing (processing), does not change the instructions on the method of performing the work or will not take other necessary measures to eliminate the circumstances threatening its suitability, the contractor shall have the right to refuse to perform the contract and demand compensation for caused by his loss termination.

Article 717. Refusal of the customer to perform the contract.
Unless otherwise provided by the contract, the customer may at any time prior to the delivery of the work result to refuse to perform the contract by paying the contractor part of the set price in proportion to the part of the work done before receiving notice of the customer’s refusal to perform the contract. The customer is also obliged to reimburse the contractor for losses caused by the termination of the contract, within the difference between the price determined for all the work and part of the price paid for the work performed.

Section 718. Customer Assistance
1. The customer is obliged in cases, in the amount and in the manner provided by the contract agreement, to render assistance to the contractor in the performance of the work. If the customer fails to fulfill this obligation, the contractor has the right to demand compensation for the damages incurred, including additional costs caused by an idle time, or postponement of the deadlines for work performance, or an increase in the work price specified in the contract. 2. In cases where the performance of the work under the contract became impossible due to the actions or omissions of the customer, the contractor retains the right to pay him the price specified in the contract, taking into account the part of the work done.

Article 719. Failure by the customer of the counter obligations under the contract agreement.
1. The contractor has the right not to commence work, and to suspend the work begun in cases where the violation by the customer of his obligations under the contract, in particular the failure to provide material, equipment, technical documentation or things to be processed (processed), prevents the contractor from executing the contract, as well as the presence of circumstances obviously indicating that the performance of these duties will not be performed within the prescribed period (Article 328). 2. Unless otherwise provided by the contract agreement, the contractor, in the presence of the circumstances specified in paragraph 1 of this article, shall have the right to refuse to perform the contract and demand compensation for damages.

Article 720. Acceptance by the customer of the work performed by the contractor.
1. The customer is obliged to inspect and accept the work done (its result) with the contractor’s participation, in the terms and in the manner prescribed by the contract, and upon detection of derogations from the contract worsening the result of work or other shortcomings in the work, immediately inform the contractor. 2. The customer, who discovered defects in the work when accepting it, has the right to refer to them in cases if the act or other document certifying the acceptance specified these deficiencies or the possibility of subsequent presentation of a request for their elimination. 3. Unless otherwise provided by the contract agreement, the customer who accepted the work without verification is deprived of the right to refer to the shortcomings of the work that could have been established with the usual method of its acceptance (obvious shortcomings). 4. The customer who found after accepting the work of withdrawal from the contract or other defects that could not be identified with the usual method of acceptance (hidden defects), including those that were deliberately hidden by the contractor, is obliged to notify the contractor of a reasonable term on their detection. 5. If a dispute arises between the customer and the contractor about the shortcomings of the work performed or their reasons, an expert examination should be appointed at the request of either party. Expenses for the examination shall be borne by the contractor, unless the examination has established that there is no violation by the contractor of a contract or causal link between the actions of the contractor and the defects found. In these cases, the costs of the examination shall be borne by the party who requested the appointment of the examination, and if it is appointed by agreement between the parties, both parties are equally. 6. Unless otherwise provided by the contract agreement, if the customer evades accepting the completed work, the contractor is entitled after one month from the date when according to the agreement the result of the work was to be transferred to the customer, and subject to a subsequent double warning to the customer to sell the result of the work, and the proceeds after deduction of all payments due to the contractor, make a deposit in the name of the customer in the manner provided for in Article 327 of this Code. 7. If the customer’s evasion from accepting the work performed resulted in a delay in the delivery of work, the risk of accidental death of the manufactured (processed or processed) thing is deemed to have passed to the customer at the time when the transfer of the thing was to take place.

Article 721. Quality of work.
1. The quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, the requirements usually imposed on the work of the relevant type. Unless otherwise provided by law, other legal acts or contract, the result of the work performed must, at the time of the transfer to the customer, possess the properties specified in the contract or certain usually-made requirements, and within a reasonable period of time be suitable for the use specified by the contract provided for the usual use of the result of work of this kind. 2. If the law, other legal acts or, in accordance with the procedure established by them, stipulate mandatory requirements for work performed under a contract agreement, the contractor acting as an entrepreneur is obliged to carry out the work, observing these mandatory requirements. The contractor may assume under the contract the obligation to perform work that meets the quality requirements, higher than the established mandatory requirements for the parties.

Article 722. Quality Assurance.
1. In the case when a law, other legal act, contract agreement or business practice provides for a work warranty period, the result of the work must comply with the terms of the quality contract (clause 1 of Article 721) during the entire warranty period. 2. The quality guarantee of the result of the work, unless otherwise provided by the work contract, applies to everything that constitutes the result of the work.

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 724. The timing of detection of inadequate quality of the result of the work.
1. Unless otherwise established by a law or a contract agreement, the customer shall have the right to make demands related to the inadequate quality of the result of the work, provided that it is revealed within the terms established by this article. 2. In the case when the warranty period is not established for the work result, requirements related to the work result deficiencies may be submitted by the customer, provided that they were discovered within a reasonable time, but within two years from the day the work result was transferred, if other No time limits are set by law, contract or business practice. 3. The customer has the right to make claims related to defects in the result of the work discovered during the warranty period. 4. In the case when the warranty period stipulated by the contract is less than two years and the defects of the work result are discovered by the customer after the warranty period expires, but within two years from the time provided for in paragraph 5 of this article, the contractor is liable if the customer proves that the defects before the transfer of the result of the work to the customer or for reasons arising up to this point. 5. Unless otherwise provided by the contract agreement, the warranty period (clause 1 of Article 722) begins to run from the moment when the result of the work performed was accepted or should have been accepted by the customer. 6. To the calculation of the warranty period under a contract, the rules contained in paragraphs 2 and 4 of Article 471 of this Code, respectively, are applicable, unless otherwise provided by law, other legal acts, agreement of the parties or follows from the characteristics of the contract agreement.

Article 725. Limitation on claims about inadequate quality of work.
1. The limitation period for claims made in connection with the inadequate quality of work performed under a contract is one year, and in respect of buildings and structures is determined according to the rules of Article 196 of this Code. 2. If, in accordance with the contract, the result of the work is accepted by the customer in parts, the period of limitation of actions begins from the day of acceptance of the result of the work as a whole. 3. If a law, other legal acts or a contract agreement establishes a warranty period and a statement regarding deficiencies of the work result is made within the warranty period, the limitation period specified in paragraph 1 of this article shall begin from the date of the statement of deficiencies.

Article 726. The duty of the contractor to transfer information to the customer.
The contractor is obliged to transfer to the customer, together with the result of the work, information relating to the operation or other use of the subject of the work contract, if it is provided for by the contract or the nature of the information is such that without it it is impossible to use the work result for the purposes specified in the contract.

Article 727. Confidentiality of information received by parties.
If, thanks to the performance of its obligations under the contract, the party received from the other party information about new solutions and technical knowledge, including those not protected by law, as well as information that can be considered as a commercial secret (Article 139), the party that received such information does not have the right to communicate it to third parties without the consent of the other party. The procedure and conditions for the use of such information are determined by agreement of the parties.

Article 728. Return by the contractor of property transferred by the customer.
In cases when the customer, on the basis of clause 2 of Article 715 or clause 3 of Article 723 of this Code, terminates the contract, the contractor is obliged to return the materials and other property supplied for processing (processing) or other property to the person specified by the customer, and it turned out to be impossible to recover the cost of materials, equipment and other property.

Article 729. Consequences of termination of a contract of work prior to acceptance of the result of the work.
In case of termination of the contract on the grounds provided by law or contract, prior to acceptance by the customer of the result of the work performed by the contractor (clause 1 of Article 720), the customer has the right to demand that he transfer the result of the work in progress with compensation to the contractor of the costs incurred.

Article 730. Household Contract.
1. Under a household contract, the contractor carrying out the relevant business activity undertakes to perform, on the instructions of the citizen (customer), certain work intended to meet the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work. 2. The household contract is a public contract (Article 426). 3. For consumer contract relations not regulated by this Code, laws on the protection of consumer rights and other legal acts adopted in accordance with them shall apply.

Article 731. Guarantees of the rights of the customer.
1. The contractor shall not have the right to impose on the customer the inclusion of additional work or service in the contract of household contract. The customer has the right to refuse to pay for work or services not covered by the contract. 2. The customer has the right at any time before handing over the work to him to refuse to perform the household contract, paying the contractor a part of the fixed price in proportion to the part of the work done before notification of the refusal to perform the contract, and reimburse the contractor for the costs incurred up to this point in order to fulfill the contract if they are not included in the specified part of the price of work. The terms of the contract, depriving the customer of this right are void.

Article 732. Providing the customer with information about the proposed work.
1. The contractor shall, before concluding a household contract, provide the customer with necessary and reliable information about the proposed work, its types and features, price and method of payment, as well as inform the customer, at his request, other information relating to the contract and the relevant work. If by the nature of the work it matters, the contractor must indicate to the customer the specific person who will perform it. 2. If the customer is not given the opportunity to immediately receive information on the work specified in paragraph 1 of this article at the place of conclusion of the household contract, he is entitled to demand compensation from the contractor for damages caused by the unjustified evasion of the contract (paragraph 4 of Article 445). The customer has the right to demand termination of the concluded household contract without payment for the work performed, as well as compensation for damages in cases where, due to incompleteness or inaccuracy of the information received from the contractor, an agreement was concluded to perform work that does not have the properties that the customer had in mind. The contractor who fails to provide the customer with information about the work specified in clause 1 of this article is also responsible for the shortcomings of the work that arose after its transfer to the customer due to the lack of such information.

Article 733. Performance of work from the material of the contractor.
1. If the work under the household contract is performed from the material of the contractor, the material is paid for by the customer at the conclusion of the contract in full or in part specified in the contract, with the final settlement upon receipt by the customer of the work performed by the contractor. In accordance with the contract, the material may be provided by the contractor on credit, including with the condition of payment by the customer of the material in installments. 2. The change after the conclusion of the contract for domestic contracting of the price of the material provided by the contractor does not entail recalculation.

Article 734. Performance of work from the customer’s material.
If the work under the household contract is performed from the customer’s material, the exact name, description and price of the material, as determined by agreement of the parties, must be indicated on the receipt or other document issued by the contractor to the customer. The assessment of the material in the receipt or other similar document may be subsequently challenged by the customer in court.

Article 735. Price and payment for work.
The price of work in a household contract is determined by agreement of the parties and cannot be higher than that established or regulated by the relevant government agencies. Work is paid by the customer after its final delivery by the contractor. With the consent of the customer, the work can be paid by him at the conclusion of the contract in full or by issuing an advance.

Article 736. A warning to the customer about the conditions of use of the work performed.
Upon delivery of the work to the customer, the contractor is obliged to inform him of the requirements that must be met for the effective and safe use of the result of the work, as well as of the possible consequences for the customer and other persons of non-compliance with the relevant requirements.

Article 737. Consequences of finding deficiencies in the work performed.
1. In case of detection of defects during acceptance of the work result or after its acceptance during the warranty period, and if it is not installed, it is a reasonable time, but no later than two years (for real estate - five years) from the date of acceptance of the work result, the customer shall have the right, at his choice, to exercise one of the rights provided for in Article 723 of this Code, or to demand a free re-performance of the work or reimbursement of expenses incurred by him to correct the deficiencies with his own money or with third parties. 2. In case of detection of significant defects in the result of the work, the customer has the right to make to the contractor the requirement to eliminate such defects free of charge if he proves that they arose before the customer accepted the result of the work or for the reasons that had arisen up to this point. This requirement may be filed by the customer if the indicated deficiencies are discovered after two years (for real estate — five years) from the date of acceptance of the result of work by the customer, but within the established service life for the result of work or within ten years from the date of acceptance of the result of work by the customer if the service life is not set. 3. If the contractor fails to comply with the requirement specified in clause 2 of this article, the customer has the right to demand either returning part of the price paid for the work or reimbursement of expenses incurred in connection with the elimination of deficiencies by the customer on his own or with the help of third parties, or refuse to perform the contract and demand compensation for damages.

Article 738. Consequences of the absence of the customer for obtaining the result of the work.
If the customer fails to appear for obtaining the result of the work performed or otherwise deviating the customer from accepting it, the contractor has the right to notify the customer in writing, after two months from the date of such warning to sell the result of the work for a reasonable price, and to pay the received amount minus all payments due to deposit in the manner prescribed by Article 327 of this Code.

Article 739. The rights of the customer in the event of improper performance or non-performance of work under a household contract.
In the event of improper performance or non-performance of work under a household contract, the customer may use the rights granted to the buyer in accordance with Articles 503 - 505 of this Code.

Article 740. Construction Contract.
1. Under a construction contract, the contractor undertakes to build a specific object on the instructions of the customer, or perform other construction works, and the customer undertakes to create necessary conditions for the contractor to perform the work, accept their result and pay the agreed price. 2. A construction contract is concluded for the construction or reconstruction of an enterprise, a building (including a dwelling house), a construction or other object, as well as for installation, commissioning and other work that is inseparably connected with the object under construction. The rules on a construction contract are also applied to work on the overhaul of buildings and structures, unless otherwise provided by the contract. In cases stipulated by the contract, the contractor undertakes the obligation to ensure the operation of the object after its acceptance by the customer within the period specified in the contract. 3. In cases where works are performed under a construction contract to meet the household or other personal needs of a citizen (customer), the rules of paragraph 2 of this chapter on the rights of a customer under a household contract apply to such an agreement.

Article 741. The distribution of risk between the parties.
1. The risk of accidental loss or accidental damage to a construction object that is the subject of a construction contract prior to acceptance of this object by the customer shall be borne by the contractor. 2. If the construction object before its acceptance by the customer was lost or damaged due to the poor quality of the material provided by the customer (parts, structures) or equipment or the erroneous instructions of the customer, the contractor has the right to demand payment for the entire estimated cost of the work, provided that he fulfilled the duties stipulated in paragraph 1 of Article 716 of this Code.

Article 742. Insurance of a construction object.
1. A construction contract may stipulate the obligation of the party to which there is a risk of accidental death or accidental damage to the construction object, material, equipment and other property used in construction, or responsibility for causing harm to other persons during the construction, to insure the corresponding risks. The party responsible for the insurance must provide the other party with evidence of its conclusion of the insurance contract under the conditions stipulated by the construction contract, including information about the insurer, the amount of the sum insured and the insured risks. 2. Insurance does not relieve the relevant party from the obligation to take the necessary measures to prevent the occurrence of the insured event.

Article 743. Technical documentation and estimates.
1. The contractor is obliged to carry out construction and related work in accordance with the technical documentation that defines the scope, content of work and other requirements placed on them, and with an estimate that determines the price of work. In the absence of other indications in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and estimates. 2. The construction contract shall determine the composition and content of the technical documentation, and it must also provide for which of the parties and within what time period must submit the relevant documentation. 3. The contractor who discovered the work not included in the technical documentation of the work during construction, and therefore the need for additional work and an increase in the estimated cost of construction, is obliged to inform the customer. If the customer does not receive a response to his message within ten days, unless a different period is provided for by this law or a construction contract, the contractor is obliged to suspend the relevant work with the allocation of losses caused by downtime to the customer. The customer is exempt from compensation for these losses, if it proves that there is no need for additional work. 4. A contractor who has not fulfilled the duties established by clause 3 of this article shall be deprived of the right to demand from the customer payment of additional work performed by him and compensation for damages caused by this, unless he proves the need for immediate action in the interests of the customer, in particular because the suspension of work could lead to the death or damage of the construction object. 5. With the consent of the customer to conduct and pay for additional work, the contractor shall have the right to refuse to perform them only in cases when they are not within the scope of the professional activity of the contractor or cannot be performed by the contractor for reasons beyond his control.

Article 744. Amendments to technical documentation.
1. The customer has the right to make changes to the technical documentation provided that the additional work caused by this does not exceed the cost of ten percent of the total construction cost indicated in the estimate and does not change the nature of the work provided for in the construction contract. 2. Changes in the technical documentation of changes in more than the amount specified in paragraph 1 of this article shall be carried out on the basis of additional estimates agreed by the parties. 3. The contractor shall have the right to demand, in accordance with Article 450 of this Code, a revision of the estimate if, for reasons beyond his control, the cost of the work has exceeded the estimate by at least ten percent. 4. The contractor shall have the right to demand compensation for reasonable expenses incurred by him in connection with the establishment and elimination of defects in the technical documentation.

Article 745. The provision of construction materials and equipment.
1. The contractor is responsible for providing construction with materials, including parts and structures, or equipment, unless a construction contract provides that the construction shall be secured in whole or in a certain part by the customer. 2. The party whose responsibility it is to ensure construction is responsible for the revealed impossibility of using the materials or equipment provided by it without deteriorating the quality of the work, unless it proves that the impossibility of use arose due to circumstances for which the other party is responsible. 3. In the event that it becomes impossible to use the materials or equipment provided by the customer without deteriorating the quality of the work performed and the customer refuses to replace them, the contractor has the right to withdraw from the construction contract and require the customer to pay the contract price in proportion to the part of the work.

Article 746. Payment for work.
1. Payment for the work performed by the contractor shall be made by the customer in the amount stipulated by the estimate, in terms and in accordance with the procedure established by law or a construction contract. In the absence of relevant instructions in the law or the contract, payment for work shall be made in accordance with Article 711 of this Code. 2. A construction contract may provide for payment of work at a time and in full after acceptance of the object by the customer.

Article 747. Additional obligations of the customer under a construction contract.
1. The customer is obliged to provide land for construction in a timely manner. The area and condition of the land plot to be provided must correspond to the conditions contained in the construction contract, and in the absence of such conditions, ensure timely commencement of work, their normal management and completion on time. 2. The customer is obliged in cases and in the manner stipulated by the construction contract, to transfer to the contractor for use the buildings and structures necessary for the work, provide transportation of cargo to his address, temporary connection of power, water and steam lines and other services. 3. Payment for the services provided by the customer specified in clause 2 of this article shall be made in the cases and on the conditions provided for by the construction contract.

Article 748. Control and supervision of the customer over the performance of work under a construction contract.
1. The customer has the right to monitor and supervise the progress and quality of work performed, meeting deadlines for their implementation (schedule), the quality of materials provided by the contractor, and the correct use of customer materials by the contractor, without interfering with the operational activities of the contractor. 2. The customer who has discovered deviations from the terms of the construction contract, which may impair the quality of work, or other deficiencies in the performance of control and supervision over the performance of work, must immediately notify the contractor. The customer who has not made such a statement loses the right to further refer to the deficiencies found by him. 3. The contractor is obliged to comply with the instructions of the customer received during construction, if such instructions do not contradict the terms of the construction contract and do not constitute interference with the operational and economic activities of the contractor. 4. The contractor who improperly performed the work shall not have the right to refer to the fact that the customer did not control and supervise their performance, except in cases where the obligation to exercise such control and supervision is entrusted to the customer by law.

Article 749. Participation of an engineer (engineering organization) in the exercise of rights and the performance of customer duties.
In order to control and supervise the construction and make decisions on its behalf in relations with the contractor, the customer can independently conclude an agreement on rendering such services to the customer with the corresponding engineer (engineering organization). In this case, the construction contract defines the functions of such an engineer (engineering organization) related to the consequences of his actions for the contractor.

Article 750. Cooperation of the parties in a construction contract.
1. If during construction and related work, obstacles to the proper execution of a construction contract are found, each of the parties must take all reasonable measures depending on it to eliminate such obstacles. The party that has not fulfilled this obligation shall lose the right to compensation for damages caused by the fact that the relevant obstacles have not been removed. 2. The expenses of a party related to the performance of the duties specified in clause 1 of this article shall be reimbursed by the other party in cases where this is provided for by the construction contract.

Article 751. Obligations of the contractor for the protection of the environment and the safety of construction work.
1. The contractor is obliged in the implementation of construction and related work to comply with the requirements of the law and other legal acts on environmental protection and safety of construction works. The contractor is responsible for the violation of these requirements. 2. The contractor is not entitled to use the materials and equipment provided by the customer in the course of the work, or to follow its instructions, if this may lead to violation of the environmental protection and construction safety requirements for the parties.

Article 752. Consequences of the conservation of construction.
If, for reasons beyond the parties' control, the work under the construction contract is suspended and the construction object is shut down, the customer is obliged to pay the contractor in full the work completed before the moment of conservation, as well as reimburse the costs caused by the need to stop work and the construction conservation, taking into account the benefits that the contractor received or could receive due to the termination of work.

Article 753. Surrender and acceptance of work.
1. The customer who has received a message from the contractor about the readiness for delivery of the result of the work performed under the construction contract or, if it is provided for by the contract of the completed work stage, is obliged to immediately start accepting it. 2. The customer organizes and carries out the acceptance of the result of the work at his own expense, unless otherwise provided by the construction contract. In cases stipulated by law or other legal acts, representatives of state bodies and local self-government bodies should participate in the acceptance of the result of work. 3. A customer who has preliminarily accepted the result of a separate stage of work bears the risk of the consequences of death or damage to the result of work that occurred through no fault of the contractor. 4. The delivery of the result of the work by the contractor and its acceptance by the customer are made out by an act signed by both parties. If one of the parties refuses to sign the act, a note is made about it and the act is signed by the other party. A unilateral act of delivery or acceptance of the result of the work may be recognized by the court as invalid only if the reasons for refusing to sign the act are deemed justified by it. 5. In cases where this is provided for by a law or a construction contract or arises from the nature of the work performed under the contract, preliminary tests should precede the acceptance of the result of the work. In these cases, acceptance can be carried out only with a positive result of preliminary tests. 6. The customer has the right to refuse to accept the result of work in case of detection of deficiencies that preclude its use for the purpose specified in the construction contract and cannot be eliminated by the contractor or customer.

Article 754. The responsibility of the contractor for the quality of work.
1. The contractor shall be liable to the customer for the deviations from the requirements stipulated in the technical documentation and in the building regulations and rules that are binding on the parties, as well as for failure to achieve indicators of the construction object specified in the technical documentation, including the production capacity of the enterprise. During the reconstruction (renovation, rebuilding, restoration, etc.) of a building or structure, the contractor is responsible for reducing or loss of strength, stability, reliability of the building, structure or part thereof. 2. The contractor shall not be liable for minor deviations from the technical documentation made by him without the consent of the customer, if he proves that they did not affect the quality of the construction project.

Article 755. Quality assurance in a construction contract.
1. The contractor, unless otherwise provided for by the construction contract, shall ensure that the object of construction indicates the indicators indicated in the technical documentation and the possibility of operating the object in accordance with the construction contract throughout the warranty period. The statutory warranty period may be extended by agreement of the parties. 2. The contractor is liable for defects (defects) found within the warranty period, unless it proves that they occurred due to normal wear and tear of the object or its parts, improper operation or incorrect operation instructions developed by the customer or third parties involved by him , inadequate repair of the object, produced by the customer or by third parties attracted by him. 3. The warranty period is interrupted for the entire time during which the object could not be operated due to defects for which the contractor is responsible. 4. If, during the warranty period, the deficiencies specified in paragraph 1 of Article 754 of this Code are found, the customer must declare them to the contractor within a reasonable time after they are detected.

Article 756. The timing of detection of inadequate quality of construction work.
When filing claims related to inadequate quality of the result of work, the rules provided for by clauses 1 - 5 of Article 724 of this Code shall apply. In this case, the deadline for detection of deficiencies, in accordance with paragraphs 2 and 4 of Article 724 of this Code, is five years.

Article 757. Elimination of defects at the expense of the customer.
1. A construction contract may provide for the obligation of the contractor to eliminate, at the request of the customer and at his expense, deficiencies for which the contractor is not responsible. 2. The contractor shall have the right to refuse to fulfill the obligation specified in clause 1 of this article in cases where the elimination of deficiencies is not directly related to the subject of the contract or cannot be carried out by the contractor for reasons beyond his control.

Article 758. Contract for the performance of design and exploration work.
Under the contract for the design and survey work, the contractor (designer, surveyor) undertakes, on the instructions of the customer, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their result.

Article 759. Baseline data for the design and survey work.
1. Under the contract for the performance of design and exploration work, the customer is obliged to transfer to the contractor the design assignment, as well as other basic data necessary for the preparation of technical documentation. The task for the implementation of design work can be prepared on the instructions of the customer by the contractor. In this case the task becomes obligatory for the parties from the moment of its approval by the customer. 2. The contractor is obliged to comply with the requirements contained in the task and other source data for the design and exploration work, and is entitled to withdraw from them only with the consent of the customer.

Article 760. Obligations of the contractor.
1. Under the contract for the performance of design and exploration work, the contractor shall: Perform work in accordance with the task and other initial data for design and the contract; coordinate ready technical documentation with the customer, and if necessary together with the customer - with the competent state bodies and local self-government bodies; transfer to the customer ready technical documentation and the results of exploration work. The contractor is not entitled to transfer technical documentation to third parties without the consent of the customer. 2. The contractor under the contract for the performance of design and exploration works guarantees the customer the absence of the right of third parties to prevent the execution of works or restrict their execution on the basis of technical documentation prepared by the contractor.

Article 761. Responsibility of the contractor for inadequate performance of design and exploration work.
1. The contractor under the contract for design and exploration work is responsible for the inadequate preparation of technical documentation and survey work, including deficiencies later discovered during construction, as well as during the operation of the facility created on the basis of technical documentation and survey data. 2. Upon detection of deficiencies in the technical documentation or in exploration work, the contractor, upon the customer’s request, is obliged to redo the technical documentation free of charge and accordingly make the necessary additional survey work, and also to compensate the customer for the losses, unless otherwise provided by the law or the contract agreement for design and exploration work .

Article 762. Duties of the customer.
Under the contract for the performance of design and exploration work, the customer is obliged, unless otherwise provided by the contract: pay the contractor the established price in full after the completion of all the work or pay it in parts after the completion of certain phases of the work; use the technical documentation received from the contractor only for the purposes stipulated in the contract, not to transfer technical documentation to third parties and not to disclose the data contained in it without the consent of the contractor; assist the contractor in the implementation of design and exploration work in the volume and on the conditions stipulated in the contract; to participate together with the contractor in the coordination of the finished technical documentation with the relevant state bodies and bodies of local self-government; reimburse the contractor additional costs caused by changes in the source data for the design and exploration work due to circumstances beyond the control of the contractor; to involve the contractor in the case of a claim brought against the customer by a third party due to deficiencies in the compiled technical documentation or survey work.

Article 763. State or municipal contract for the performance of contract work for state or municipal needs.
1. Contracting construction work (Article 740), design and survey work (Article 758), intended to meet state or municipal needs, are carried out on the basis of a state or municipal contract for the performance of contract works for state or municipal needs. 2. Under a state or municipal contract for the performance of contract work for state or municipal needs (hereinafter referred to as a state or municipal contract), the contractor undertakes to perform construction, design and other work related to the construction and repair of industrial and non-production facilities and transfer them to the state or municipal customer , and the state or municipal customer undertakes to accept the work performed and pay for them or to ensure their payment.

Article 764. Parties to a state or municipal contract.
1. Under a state or municipal contract, a contractor may be a legal or natural person. 2. Under a state contract, state customers of the Russian Federation, state authorities of the constituent entities of the Russian Federation, as well as authorized by the said state authorities for placing orders for performing contract work for state needs by the recipients of budget funds when placing orders for such works for budget account. 3. Under a municipal contract, municipal customers may be local governments, as well as authorized local governments for placing orders for contracting work for municipal needs, recipients of budget funds when placing orders for such works at the expense of budget funds.

Article 765. Grounds and procedure for concluding a state or municipal contract.
The grounds and procedure for concluding a state or municipal contract shall be determined in accordance with the provisions of Articles 527 and 528 of this Code.

Article 766. The content of a state or municipal contract.
1. A state or municipal contract must contain conditions on the scope and value of the work to be performed, the dates of its commencement and termination, the amount and procedure for financing and payment for the work, ways of ensuring the fulfillment of the obligations of the parties. 2. If a state or municipal contract is concluded based on the results of a tender or request for quotations of prices for work carried out in order to place an order for contract work for state or municipal needs, the terms of a state or municipal contract are determined in accordance with the announced conditions of the tender or request quotations of prices for work and the proposal of the contractor recognized as the winner of the bidding or the winner in conducting the request for quotations of prices for work.

Article 767. Amendment of a state or municipal contract.
1. When the relevant state bodies or local self-government bodies decrease in accordance with the established procedure, the funds of the corresponding budget allocated for financing contract work, the parties must agree on new terms and, if necessary, other conditions for the work. The contractor has the right to demand compensation from the state or municipal customer for damages caused by a change in the timing of the work. 2. Changes in the conditions of a state or municipal contract, not connected with the circumstances specified in clause 1 of this article, unilaterally or by agreement of the parties, are allowed in the cases provided by law.

Article 768. Legal regulation of a state or municipal contract.
The law on contracting for state or municipal needs is applied to relations under state or municipal contracts for the performance of contract work for state or municipal needs in the part not regulated by this Code.

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