THE OBLIGATION OF THE CUSTOMER TO CREATE THE NECESSARY CONDITIONS FOR THE CONTRACTOR TO PERFORM WORKS UNDER CONTRACTION PROJECT CONTRACT
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_90Keywords:
construction contract , customer's obligations, responsibility, contractor's obligations, creditor's delay , customer's assistance, general contracting systemAbstract
This article analyzes the content of the customer's obligation to create the necessary conditions for the contractor to perform the work. The corresponding obligation of the customer is typical for the construction contract relations, and other conditions of the construction contract depend on its proper execution.
The author draws a correlation between the rules on the creditor’s delay with the rules on the customer’s assistance under construction contract. The distribution of responsibilities for providing conditions for building construction works in the general contract is considered. Delimitation of the rules on the creditor’s delay from the infringement of the mutual obligations is done with regards to completion of obligations by the customer under the construction contract.
Along with this, the work analyzes the issues of delimiting the obligations to create the necessary conditions for the contractor to perform work from the additional obligations of the customer under construction contract, and considers the grounds for the customer's liability for violation of the relevant obligations.
The author comes to the conclusion that the absence in the Special Part of the Civil Code of the Republic of Kazakhstan of the instructions on the right of the contractor not to start the work, to suspend the work or to cancel construction contract, because of the violation by the customer of his obligations under the contract prevents the contractor from fulfilling the contract, which creates uncertainty in practice and prevents protection of violated civil rights. Practical examples are used to examine the consequences of violating the customer's obligation to create the necessary conditions for the contractor to perform the work. In particular, the grounds of bringing the customer to the property responsibility before the contractor are researched, as well as the grounds of releasing the contractor from liability before the customer.
Within the context of the subject matter of the document the special aspects of completion of obligations by the contractor on provision to the customer the information, as provided for by article 628 of the Civil Code of the Republic of Kazakhstan are detailed. The content of these obligations and the consequences of breach of such obligations are researched.