Government project: changing the terms of construction contracts
The Ministry of Construction has developed a draft decree of the Government of the Russian Federation to establish additional cases of changes in the essential terms of government contracts for construction, reconstruction, major repairs, demolition of capital construction facilities, as well as work on the preservation of cultural heritage sites, if the customer is a public law company "Unified Customer in the field of construction".
The draft proposes to fix additional grounds for changing the terms of the contract if circumstances beyond the control of the parties have arisen that make execution impossible.
Conditions that can be changed by mutual agreement of the parties:
1. deadlines for execution, including time for revision of the project documentation.
2. Scope, types of work, specifications and types of equipment.
3. Construction resources and materials (for similar ones).
4. Schedule and cost of the stages.
5. setting or changing the amount of the advance
6. the order of acceptance and payment of the stages.
7. the price of the contract (with an increase in the cost of resources).
8. The financing scheme for contractors and subcontractors.
Amendment procedure: the contractor submits a reasoned proposal and draft agreement. The "Single customer" is obliged to respond within 10 working days and either sign the agreement or send a refusal.
The draft was prepared on an initiative basis pursuant to part 651 of Article 112 of Law No. 44-FZ and applies to contracts concluded before January 1, 2027.