DESIGN AND CONSTRUCTION CONTRACT: LEGAL FEATURES OF COMPREHENSIVE AGREEMENTS

Abstract

The article is devoted to the consideration of the legal features of the design and construction contract as an example of complex agreements. It is determined that the design and construction contract occupies a special place in the system of civil law contracts in the construction sector, since it combines within a single legal structure the elements of the contract for the performance of design and exploration works and the construction contract. Such integration determines the complex nature of the specified agreement, aimed at achieving a single final result - the creation of a completed construction object suitable for operation. The analysis revealed that the specificity of the design and construction contract is manifested in the phased nature of its implementation, the increased responsibility of the contractor for the consistency of design decisions and the actual performance of construction works, as well as in the changed distribution of risks between the parties. It is established that proper contractual regulation of the subject, terms, price, procedure for accepting work and mechanisms for making changes to the design documentation is of decisive importance for ensuring legal certainty and efficiency of the implementation of such contracts. At the same time, there are some gaps and problems in the contractual regulation of design and construction, which complicates the interpretation of the rights and obligations of the parties and affects the resolution of disputes. The feasibility of improving contractual structures by more detailed definition of essential conditions, strengthening mechanisms for monitoring the fulfillment of obligations and more clearly delimiting the responsibilities of participants in the construction process is substantiated. The prospects for further scientific research should be linked to the analysis of judicial practice and the development of practical recommendations for standardizing the terms of complex contracts in the construction sector.