Renewal of paragraph 3 of Chapter 61 of the Civil Code of Ukraine: individual remarks

Abstract

The article provides an analysis of the construction contract as a type of regulation of legal relations in the construction area. It is noted that one of the four paragraphs of Chapter 61 of the Civil Code of Ukraine is devoted to the regulation of relations in the area of construction works. The construction contract finds its place within this chapter due to the abolition of the «rigid» regulatory regime and consolidation of the principle of freedom of contract through strengthening the regulatory capacity of the contract. In other words, the availability of a special paragraph devoted to the regulation of construction relations is an obstacle to the application of general provisions on the contract to this type of contract. It is emphasized the analysis of definitions of the construct contract makes it possible to conclude that the contract under analysis is a consensual, bilateral (mutual), paid, risky, fixed-term contract. Moreover, the construction contract as a type of contract for services has all the specific features of the latter. First, the construction contract is aimed at performing work meeting the task of the customer. Secondly, the construction contract is aimed at performing only those works which involve result generation that is separated in time from the work itself. Third, the result of the work is individual. According to the nature of the works and the scope of their implementation, the article classifies the construction contracts used in construction. In particular, there are contract agreements in the area of construction, taking into account the peculiarities of the works, as follows: for new construction; for overhaul, reconstruction (technical re-equipment) of enterprises, facilities construction (including residential buildings); for installation, commissioning and other works inextricably linked to the location of the object. It is noted that the construction contract shall be accompanied by design and estimate documentation. A lack of such documentation may lead to the recognition of the contract to be unconcluded as the project documentation determines the scope and content of works and, therefore, specifies the subject of the construction contract, and the estimate determines the price of works.