General contract in design and construction. What it is

Who are a general contractor and his main responsibilities

The general contractor is a specialized organization or enterprise that is the main executor of the agreement with the customer (contract agreement) on the implementation of a certain list of construction work. The general contractors in NYC are responsible to the customer for their high-quality and timely execution. The principles of interaction between the parties to the contract are subject to regulation by the Civil Code of the Russian Federation.

The larger the idea, the more parties are involved in its implementation. The management and coordination schemes, as well as the documentation, are complex and confusing, the processes run both in parallel and sequentially, the time frame is limited. Under the current conditions, if the investor does not have highly professional managers to carry out work in an economic way, the project may end in failure and lead to significant losses and loss of reputation.

The most optimal way out in this case is to conclude an agreement with the general roofing contractors, who will be able to ensure the timely delivery of the entire complex of turnkey works and at the same time assume all the risks associated with this. And also you may need to improve the qualifications of builders for SROs.

The investor gets rid of the need to spend time on solving all the numerous current problems of the involved participants, interacts with only one organization, and, as a result, has the opportunity to save money.

The responsibilities of the general contractor are as follows:

Who is a general contractor

A general contractor is an organization that, in order to fulfill a contract for the construction of a facility, transfers part of its functions to another contractor (or several). This definition stems from the provisions of Article 706 of the Civil Code. At the same time, those construction companies that are attracted by the general contractor are called subcontractors.

The general contractor is responsible for:

to its customer for the actions of subcontractors;
to the involved subcontractor for the actions of the customer (for example, related to payment for work and services).

In turn, the customer and the subcontractors hired by the general contractor do not bear any mutual responsibility, unless otherwise provided by the contract.

Who is a contractor

If the firm performing the contract for the construction of the facility does not involve outside organizations in its work, then it will be referred to as a “regular” contractor. At the same time, the independent performance of his work can be spelled out in the contract with the customer. And if the relevant construction company attracts other companies and becomes the general contractor, then the customer under the contract has the right to claim compensation for possible losses from him.

Areas in which the general contractor performs his functions

An organization that has the relevant documents can act as a general contractor: a license for the right to carry out construction work and conclude a general contract. Obtaining the last license is quite an expensive pleasure and is fraught with a number of difficulties, since the applicant organization, in accordance with the regulatory documents, is obliged to perform at least 5 types of general construction company work, and the price of the license is also tied to this. In addition, the staff of such a company must necessarily include specialists with appropriate education and work experience.

If the law or contract does not impose obligations on the general contractor to perform the work on his own, then he can involve third-party organizations in the construction. The relationship between the general and the subcontractor is governed by Article 706 of the Civil Code. The general contractor bears full responsibility to the customer for improper performance or non-performance of his duties by the organizations involved by him, and to subcontractors for non-performance by the customer of his contractual obligations. In this case, he subsequently has the right to file a recourse claim against the guilty party.

The general contractor takes on a number of functions in different work segments:

In the field of preparation and planning. He is directly involved in drawing up the work plan and subsequently ensures its timely and high-quality execution.
In the field of ensuring the organization of processes. Coordinates, stores, and transfers documentation to make proposals for its improvement. Carries out the processes independently or selects professional performers, creates the necessary conditions for work, solves all current issues
In the field of control and reporting. Supervises measures for environmental protection and labor protection. Takes part in all surveys and quality checks bear full responsibility for the accuracy of the information in all reports. It makes payment on the fact of the completed processes and imposes fines and penalties for delays and violations of the terms of the agreement by the involved companies.
In the field of technical and material support. Accepts and takes into account material values, is responsible for their timely delivery to the sites, does not allow the accumulation of surpluses. Submit claims to manufacturers and suppliers in case of untimely or inadequate quality of the delivered products.
In the field of site selection and preparation. Directly involved in the selection of a suitable site and its development. Compensates for losses to citizens whose property and crops will suffer from the implementation of the plan. Receives permits from government agencies for felling trees, installation of electrical networks. Organizes geodetic works and their drawing on the plan.
In the field of acceptance of the object. Prepares and submits to the acceptance committee all the necessary papers, is responsible for the implementation and acceptance of the object. Transfer the structure or building to the citizens responsible for their operation in the future.

Such active participation of the general contractor in all ongoing processes allows the investor to focus on other areas of activity and divert a significant number of personnel to solve numerous current issues related to the operation of the construction site.

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