of September 15, 1998 No. 1450
About approval of Rules of the conclusion and execution of construction contracts
The Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Rules of the conclusion and execution of construction contracts.
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.
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).
S. Ling
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
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 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 of construction contracts by them (further - 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 (further - object) or accomplishment construction, special, assembly, 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 contract (contractual) price - the price determined by results of carrying out the contract biddings or negotiations based on bid price of the contractor winning bidder 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;
subcontractor - person which signed the agreement on accomplishment of separate types 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 in cases and procedure, stipulated by the legislation which are technologically connected among themselves.
4. No. 377 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 22.05.2017
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.
By preparation by the project orderer of the agreement he determines essential conditions according to Item 10 of these rules, and also other conditions which are offered to be determined as essential, and sends the draft of this agreement to one or several contractors having opportunity to perform necessary construction works. The customer attaches to the draft agreement drafts of works schedules, payments, deliveries of material resources (if the draft agreement provides that ensuring construction in general or in part is performed by the customer) and if necessary other documents.
The contractor who received the draft agreement considers it in the time approved with the customer and in case of consent signs and returns to the customer.