RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 30, 2011 No. 875

About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of September 15, 1998 No. 1450

Council of Ministers of the Republic of Belarus DECIDES:

1. Bring in the 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 agreements (contracts) of the construction contract" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 26, Art. 683; National register of legal acts of the Republic of Belarus, 1999, No. 9, 5/102; No. 49, 5/1119; 2001, No. 87, 5/8121; 2004, No. 2, 5/13603; No. 106, 5/14481; 2005, No. 2, 5/15383; 2006, No. 86, 5/22365; No. 185, 5/24147; 2011, No. 11, 5/33160) following changes:

to exclude the word of "(contracts)" from the name and Item 1;

The rules of the conclusion and execution of agreements (contracts) of the construction contract approved by this resolution to be reworded as follows (are attached).

2. This resolution becomes effective in three months after its official publication and extends the action to the agreements signed after entry into force of this resolution, and regarding establishment of warranty periods - to the objects accepted in operation after entry into force of this resolution.

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

(in edition of the resolution of Council of Ministers of the Republic of Belarus 30.06.2011 No. 875)

Rules of the conclusion and execution of construction contracts

CHAPTER 1 GENERAL PROVISIONS

1. The these rules developed according to the Civil code of the Republic of Belarus, the Law of the Republic of Belarus of July 5, 2004 "About architectural, town-planning and construction activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049), are governed the relations between the customer, the state customer in construction activities (further, unless otherwise specified, - the customer) and the contractor in construction activities (further - the contractor) in case of the conclusion and execution by them of construction contracts, public contracts on accomplishment of contract works for the state needs (further, unless otherwise specified, - the agreement).

Contractual relations between the customer and the contractor in case of their consent can be regulated by application of the international standard contracts of the International federation of consulting engineers (FIDIC) taking into account need of observance of requirements of the legislation, including these rules.

2. The subject of the agreement is the construction asset construction (далееобъект) or accomplishment construction, special, mounting, commissioning (further - construction works) and paid transfer of object, result of construction works to the customer.

3. For the purposes of these rules terms and their determinations in the values established by the Law of the Republic of Belarus "About architectural, town-planning and construction activities in the Republic of Belarus" 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 prime contractor - the contractor attracting under agreements to accomplishment of separate liabilities of other persons;

the state customer in construction activities (further - the state customer) - the state body, body of local authority and self-government having necessary investment resources, or the organization given the relevant state body the right to dispose of such resources, which signed with the contractor the public contract on accomplishment of contract works for the state needs;

the contract (contractual) price - the price determined by results of carrying out the contract biddings or negotiations based on bid price of podryadchikapobeditel of the biddings or the applicant participating in negotiations and if the contract biddings and negotiations were not held - by agreement of the parties;

material resources - construction and fuels and lubricants, energy of all types, the equipment, designs, products and other resources used for asset construction (accomplishment of construction works);

the termination of asset construction - the refusal of the customer 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 technical regulatory legal acts and also the project documentation approved in accordance with the established procedure;

"turnkey" asset construction - implementation of construction activities by the contractor (prime contractor) performing all complex of works from researches and design before commissioning of the object to the customer including with involvement of other organizations;

subcontractor - person which signed the agreement on accomplishment of separate types (stages) of construction works with the prime contractor;

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.

4. Legal entities and physical persons (including individual entrepreneurs) the Republic of Belarus, other states can be customers and contractors (prime contractors, subcontractors).

CHAPTER 2 PROCEDURE FOR THE CONCLUSION OF THE AGREEMENT

5. In case of carrying out the contract biddings the agreement is signed by results of these biddings.

6. Terms of the contract are created:

when carrying out the contract biddings - in accordance with the terms and results of the contract biddings;

in the absence of the bases for carrying out the contract biddings - by agreement of the parties.

7. If carrying out the contract biddings is not obligatory, the draft agreement is prepared according to the procedure, determined by the agreement of the parties.

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