RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 15, 1998 No. 1450

About approval of Rules of the conclusion and execution of construction contracts

Based on subitem 1.12 of Item 1 of article 21 of the Code of the Republic of Belarus about architectural, town-planning and construction activities the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Rules of the conclusion and execution of construction contracts (are applied).

1-1. Make to the Ministry of Architecture explanations concerning application of the Rules of the conclusion and execution of construction contracts approved by this resolution.

2. To the Ministry of Architecture in coordination with the interested state bodies in three-months time:

introduce in accordance with the established procedure in Council of Ministers of the Republic of Belarus the offer on carrying out experiment on reservation by customers for warranty period of operation of residential buildings to 5 percent of cost of the works performed on these objects for ensuring elimination by contractors of the defects allowed during their construction;

bring if necessary the changes following from this resolution in the relevant regulating documents.

3. Recognize invalid:

paragraphs of the first and second of Item 5 of the resolution of Council of Ministers of the Republic of Belarus of August 31, 1993 No. 583 "About measures for improvement of work of construction complex in the conditions of transition to market economy" (the joint venture of the Republic of Belarus, 1993, No. 25, the Art. 481);

Item 2.4 of the resolution of the Cabinet of Ministers of the Republic of Belarus of August 27, 1996 No. 565 "About recognition No. 453 which voided resolutions of Council of Ministers of the Republic of Belarus of November 29, 1991 and introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of August 31, 1993 No. 583" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1996, No. 24, the Art. 630).

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 15, 1998 No. 1450

Rules of the conclusion and execution of construction contracts

Chapter 1. General provisions

1. These rules govern the relations between the customer and the contractor in case of the conclusion and execution of construction contracts by them (further – agreements).

2. The subject of the agreement are construction asset construction (further – object) or accomplishment construction, commissioning (further if other is not provided, – construction works) and paid transfer of object, result of accomplishment of construction works to the customer.

3. For the purposes of these rules terms and their determinations in the values established in the Code of the Republic of Belarus about architectural, town-planning and construction activities and also the following terms and their determinations are used:

type of construction works – set of the labor processes directed to creation of separate elements of object under construction;

the constant contract (contractual) price – the price of construction works created based on estimate documentation (estimate);

material resources – the construction materials, construction products, building constructions, fuels and lubricants, energy of all types, the equipment, other resources used for asset construction (accomplishment of construction works), provided in the project documentation;

the termination of asset construction – the refusal of further continuation of asset construction attracting agreement cancelation;

construction works of inadequate quality – the construction works performed with violation of requirements of regulatory legal acts, including requirements of technical regulatory legal acts, obligatory for observance, and also the approved project documentation;

stage of construction works – set of the types of the construction works forming the finished element of object under construction determined by the parties in the agreement which are technologically connected among themselves.

Chapter 2. Procedure for the conclusion of the agreement

4. The agreement is signed:

4.1. on the results of the procedure of purchase of works in cases, stipulated by the legislation about purchases.

The draft agreement offered for the conclusion of the agreement on the results of the procedure of purchase shall contain the essential conditions determined in Item 7 of these rules and also other conditions determined by the legislation on purchases.

Other conditions including specified in Item 8 of these rules are determined by the customer and the winner of procurement procedure by agreement of the parties;

4.2. by agreement of the parties – in the absence of the bases for holding procurement procedure.

5. The agreement is signed in the presence:

5.1. at the customer:

the allowing documentation on construction issued by local executive and administrative organs according to the procedure, established by the legislation on ministerial procedures (except objects in case of which construction receipt of allowing documentation on construction is not required);

the project documentation on object if its development is obligatory, or the construction project on stage of works in case of parallel development of the project documentation and the construction approved according to the procedure, established by the legislation in the field of architectural, town-planning and construction activities (further – the project documentation);

the defective act and estimate documentation (estimate) – in case of running repair;

the documents confirming the right to implementation of architectural, town-planning and construction activities in cases, stipulated by the legislation in the field of architectural, town-planning and construction activities, except as specified the conclusions of contracts for rendering engineering services in integrated management of construction activities with the engineer (the engineering organization);

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