RESIDENTIAL BUILDING CONTRACTS

Residential Building Contracts



Residential Building Contracts

Introduction

The practice of providing legal contract work in the construction industry shows that in the present building contract is the basic document governing the relationship of the participants in the implementation of the obligations (Allensworth 2009). Terms of the agreement reflect the particular features of its participants and the relationships between them that cannot be fully regulated by the generalized provisions of laws and regulations (Ching 1975). A contract, in the course of construction, installation, repair, and other contract works in the construction of real estate, is the basis of protecting the rights of economic entities (Lerman 2001). However, in the process of legal analysis reveals that at the conclusion of such agreements are generally allowed serious violations of American law - and, therefore, violated the right to protection of interests of the injured party under the contract is reduced to almost zero (Price 1994).

Knowledge and Understanding of the Legislative and Statutory Terminology/Requirements of a Construction Contract

The contract for construction contractor undertakes to build a fixed-term contract of the customer on a particular object or perform other construction work, and the customer agrees to create the conditions necessary for the contractor works and to accept their results and to pay the agreed price" (Section 1, Act. 740 of the Civil Code of the American Federation, hereinafter - the Civil Code). In accordance with Act 743 of the Civil Code defines the amount of technical documentation, maintenance work and other requirements placed upon them, i.e. subject of the contract. The agreement defined a list of activities subject to the acceptance of an interim and a list of utilities and materials that must undergo intermediate testing (Pickavance1997). Thus, the subject of a contract is an essential condition for it, failing which the contract is concluded (Jergeas 1994).

This fact is indisputable, therefore, in the legal literature of the opinion that the condition of the subject construction contract is a single. In turn, the contract for construction works is a set of documents developed by the project organization under contract with the customer. It includes graphical, computational and textual materials used in the construction, reconstruction or major repairs, as well as in the operation of buildings and structures.

The Composition of the Technical Documentation and the Requirements

For documentation of a building contract must meet certain requirements, without which the performance of such documentation cannot be regarded as properly issued and to be accepted as proof of the amount carried under a contract of work, its soundness, compliance with the law during the construction and construction activities in terms of environmental, fire, and other rules and regulations. Among the requirements for technical documentation, include

Conformity with the norms of current legislation in the field of construction

Content and composition, to determine the amount and types of work;

Deadlines for submission;

Preparation only natural or juridical person who meets the requirements of American legislation imposed on persons engaged in the design of such documentation (section 4 of ...