Lawyer and civil rights specialist Gvantsa Zhorzholiani spoke about a contractor agreement on the air of radio Commersant.
She clarifies rights and obligations of a customer and a contractor.
"If your repairman is late with the repair or the item is made poorly and you don't like it – a contractor agreement covers all these issues.
Under a contract, a contractor undertakes to make an item or perform work within a specified time frame, and a customer undertakes to pay him for the work performed or the cost of the agreed item.
Under the contract for the provision of services, a contractor depends on a customer. He is not independent in property and legal terms and is obliged to fulfill a customer's requirements. According to a contractor agreement, both parties are equal, a contractor is responsible only for himself, both in property and legal terms.
A customer does not have the right through a contractor agreement to indicate the performer to shop for a certain price. If the quality is agreed upon, the performer has the right to purchase materials and products where he wants and where it is convenient for him.
In Zhorzholiani’s words, a contractor agreement envisages that a performer is fully responsible for both the work process and the result. Payment is made after the work is completed and the customer is not obliged to pay the repairman a certain amount of money in advance.
There are often cases when the master is paid 50-60% of the amount in advance. When signing a contractor agreement, it can be defined that the master will be paid only after the work is completed.
If the repairman does not receive the required amount from the customer, he has the right to pledge the finished item at the enforcement office, in case of the real estate, he can make a mortgage,” Gvantsa Zhorzholiani points out.