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Carrying out the functions of a technical customer. Who is a technical customer?

17.01.2023

1. Status of the customer-developer

1.1. Customer-developer - legal and individual, authorized by the investor (or being an investor itself) to implement investment and construction projects. The customer enters into, within the limits of the rights granted to him, a construction contract with a contractor (contractor).

1.2. The customer-developer, who is not an investor, is granted the rights of ownership, use and disposal of capital investments for the period and within the powers established by the agreement and (or) government contract in accordance with the law Russian Federation.

1.3. To perform the functions of customers, as well as to carry out construction and installation work in an economic way, the customer-developer must have a state license.

1.4. The activities of the Customer-developer ends after registration of the commissioning of the facility in local authorities authorities, unless otherwise provided in the agreement with the investor.

1.5. The customer-developer carries out its activities in accordance with the legislation of the Russian Federation and the requirements of regulatory documents in construction.

2. Tasks of the customer-developer

The tasks of the customer-developer include:

2.1. Organization of the implementation of an investment project (pre-project preparation, analysis of the capabilities of participants in the investment and construction process, construction planning, including design, survey, research, development, construction and installation, finishing work, seismic research and other work related to construction and repair of industrial and non-production facilities). The tasks of the customer-developer may include the entire complex of organizational and managerial work ensuring turnkey construction (at the expense of funds transferred to him under an agreement with the investor).

2.2. Ensuring the efficiency of capital investments based on the use of advanced production and information technologies in the design and construction, compliance with norms and standards for the design and construction of facilities, and other individual investor requirements for the technical level and quality of the facility, allowing to obtain a competitive result. Mandatory are the requirements established by state standards to ensure the safety of products, works and services for the environment, life, health and property, as well as other requirements established by the legislation of the Russian Federation.

3. Functions of the customer-developer

The customer-developer in the process of design, construction and commissioning of the facility performs the following functions:

3.1. Pre-design preparation and construction planning.

3.1.1. The customer-developer enters into an agreement with the investor. Assumes responsibility for the implementation of the investment project at all stages of the investment process. The contract is an agreement between the investor and the Customer, according to which the former transfers funds, and the latter undertakes to carry out work to implement the investment project and provide engineering services to the investor within the required time frame.

3.1.2. Places, mainly on a competitive basis, orders for work to implement the investment project. Individuals and legal entities holding licenses to carry out certain types of activities are involved as a contractor under a work contract and (or) a government contract concluded in accordance with the Civil Code of the Russian Federation.

3.2. Providing design documentation and organizing construction.

3.2.1. Determines the stages of design. Selects, mainly based on the results of contract bidding, a design organization. At the same time, the customer-developer evaluates the proposed technical and economic indicators of the facility planned for construction, given in the tender proposal, as well as the organizational management system, including the quality control system for design products in accordance with GOST R ISO 9000, and the financial condition of the design organization.

3.2.2. Concludes development agreements with relevant organizations that have licenses to carry out construction activities project documentation. When concluding an agreement, the customer-developer establishes requirements for development time, technical and economic indicators, the composition and volume of project documentation, determines the contract price of the work, insurance conditions for risks associated with the development and implementation of project documentation, property liability of the parties for failure to fulfill contractual obligations, conditions of use and ownership of the developed project documentation, confidentiality conditions during the implementation of the agreement (contract) and other conditions.

3.2.3. Approves the design assignment. Provides initial data for the development of project documentation. Ensures their completeness and quality.

3.2.4. Coordinates with the design organization a calendar plan for the execution of work and the issuance of project documentation, and monitors its implementation.

3.2.5. Monitors the provision of the required level of quality of design solutions in the process of development and implementation of project documentation, as well as the acceptance, storage and transfer of working documentation to contractors.

3.2.6. Organizes the review and approval of architectural and urban planning solutions for designed objects in architectural management bodies.

3.2.7. Ensures the examination of design documentation, including state environmental assessment to assess the impact of the designed facility on environment, for which purpose it determines examination bodies and concludes appropriate agreements.

3.2.8. Organizes, in accordance with the established procedure, the coordination, approval and re-approval of project documentation, as well as the introduction of changes to the project documentation based on the expert’s comments.

In the field of construction organization:

Selects, mainly based on the results of contract bidding, the general contractor (contractor) for construction. When choosing a general contractor (contractor), the customer-developer evaluates the construction conditions of the facility given in the tender proposal, the technology of construction and installation work implemented by the contractor, equipment necessary equipment and vehicles, an internal quality control system for construction products, as a rule, taking into account the requirements of GOST R ISO 9000 (construction and installation works, building materials and structures), the reputation and financial condition of the contractor;

Concludes an agreement with the general contractor (contractor) for capital construction, expansion, reconstruction or technical re-equipment of enterprises, buildings and structures. When concluding a contract, the customer-developer establishes requirements for the construction time and quality of the constructed facility, determines the stages of construction, considers, in accordance with the design documentation, the composition and range of building materials, structures, technological equipment and other types of material resources supplied by the contractor, the procedure for commissioning work, clarifies the contract price of the work, the terms of insurance for risks associated with construction, the property liability of the parties for failure to fulfill contractual obligations, the conditions of confidentiality during the execution of the contract, etc. The customer-developer can act as a general contractor if he has a license for the corresponding type of construction activity;

The customer-developer agrees on the list of subcontractors involved by the general designer and general contractor to perform work on the investment project;

Makes a decision on the need for designer supervision of the design organization over the construction of facilities, enters into an agreement for its implementation and the creation of the necessary conditions for this;

Regulates disagreements that arise during the implementation of an investment project, including making claims against the design organization, the general construction contractor and other organizations involved by the customer-developer for the payment of a penalty (fine, penalty) for failure to fulfill or improper fulfillment of contractual obligations;

Organizes work to adjust project documentation in connection with changes in the regulatory framework for the design, construction and operation of facilities under construction, comments and suggestions during the construction and commissioning of facilities.

3.3. Construction financing.

3.3.1. The customer-developer checks the documents presented for payment by the organizations he has engaged for the work performed, products supplied and services rendered.

3.3.2. Accepts and pays for work on the basis of documents signed by him on the volume and cost of work performed.

3.3.3. Maintains accounting, operational and statistical records, compiles and submits reports in accordance with the established procedure for all types of activities in accordance with approved standards within the established time frame.

3.3.4. Ensures the receipt of equity transfers (contributions) from third-party organizations (investors) for the construction of facilities and their use to finance this construction.

3.3.5. Provides investors with reports on the use of financial resources, the need for financial resources for the next period, as well as upon request - operational information on the implementation of the investment project (construction status), as well as other reporting provided for in the agreement with the investor.

3.3.6. Concludes insurance contracts related to the development and implementation of an investment project with insurance organizations that legally carry out the relevant types of insurance.

3.3.7. Ensures timely opening of financing and timely payment for work under agreements (contracts) with work performers (for the development of project documentation, implementation of contract construction work, supply of equipment and other agreements for the implementation of an investment project).

3.4. Logistics support.

3.4.1. The customer-developer provides the construction of facilities with special technological and other equipment and materials, if this supply is entrusted to him in accordance with the agreement (contract) with the contractor. For this purpose, it enters into contracts with manufacturers or supplying organizations for the supply of building materials, structures, technological equipment and other types of material resources. When concluding an agreement (contract), the customer-developer establishes requirements for the timing, volume of delivery and quality of the supplied material and technical resources, determines the sequence of their delivery, the conditions for insuring risks associated with the material and technical support of the investment project, the property liability of the parties for failure to fulfill contractual obligations, conditions of confidentiality when executing an agreement (contract).

3.4.2. Receives, records and properly stores equipment, products and materials in the warehouse, as well as transfers them for installation or for work.

3.4.3. Makes claims against manufacturers or suppliers in the event of incompleteness or defects in equipment and equipment, the quality of materials, as well as their untimely delivery and underdelivery.

3.5. Selection of land plots and development of construction sites.

3.5.1. The customer-developer applies to local authorities with a request to provide a land plot for the construction of a facility.

3.5.2. Draws up a Land Reservation Act for carrying out design and survey work.

3.5.3. Draws up documents for the allocation of a land plot (including the right to use and own a land plot).

3.5.4. Obtains permits from relevant operating organizations for:

Carrying out work in the area of ​​overhead power lines, communication lines in the right of way railways, in places where underground communications (cable, gas, sewer) and others located on the construction site pass;

Use during the construction period of electricity, gas, water and steam from existing sources in accordance with the construction organization project in the event that the Customer-developer does not have its own gas, water, steam and energy supply facilities;

Deforestation and tree replanting, and, in necessary cases, the transfer of logging tickets.

3.5.5. Relocates citizens living in houses subject to demolition, relocation or reconstruction. Reimburses citizens, if necessary, for the cost of confiscated fruit and berry plants and crops provided for by current legislation, as well as the cost of those subject to demolition residential buildings and buildings owned by them as personal property.

3.5.6. Checks calculations of the residual book value of demolished buildings and structures and the legality of its inclusion in the estimate documentation for construction. Creates a geodetic alignment basis for construction.

3.5.7. Registers officials carrying out technical supervision of construction with the State Construction Control authorities and obtains permission to carry out construction and installation work.

3.6. Construction supervision.

3.6.1. The customer-developer coordinates with the relevant organizations issues related to the installation, testing and registration of production and technological equipment, process cranes, lifting mechanisms, steam boilers and other equipment and apparatus operating under pressure.

3.6.2. Carries out control and technical supervision of construction, compliance of the volume and quality of work performed with project documentation, cost and timing of work with the terms of the contract.

3.6.3. When carrying out technical supervision, the Customer-developer is entrusted with:

Monitoring the compliance of the construction and installation work performed, the structures used, materials and equipment supplied with design solutions, the requirements of building codes and regulations, standards, technical specifications and other regulatory documents. (The customer-developer can entrust the performance of technical supervision functions to a design organization. In this case, the performance of the functions of technical and designer supervision is combined);

Taking timely measures and monitoring the elimination of identified defects in project documentation, its revision (if necessary) and preventing an unreasonable increase in the cost of construction;

Checking the availability of documents certifying the quality of structures, products and materials used in construction (technical passports, certificates, laboratory test results, etc.);

Monitoring the implementation of geodetic work during the construction process;

Inspection and assessment, together with employees of construction and installation organizations, of completed work and structural elements hidden during subsequent work, as well as ensuring requirements for prohibiting further work until certificates for inspection of hidden work are issued;

Carrying out, when ready, with the participation of representatives of general contracting and specialized (installation) organizations, as well as design organizations, intermediate acceptance of critical structures of buildings and structures - supports and spans of bridges, tanks, structures, load-bearing metal and reinforced concrete structures, etc.;

Participation in inspections carried out by state supervision bodies, construction control of the condition and compliance with the design of equipment received for installation, in assessing the quality of its installation, in comprehensive testing and acceptance;

Monitoring the compliance of the volumes and quality of construction and installation work performed and presented for payment with working documentation;

Carrying out accounting of the volumes and costs of accepted and paid construction and installation works, as well as the volumes and costs of construction and installation works performed poorly by the contractor and the costs of eliminating defects and alterations;

Monitoring the availability and correctness of maintaining primary as-built technical documentation (as-built diagrams, instrumental surveys of mounted structures, parts of buildings, structures and utilities, general and special work logs) and making changes to it in connection with identified shortcomings and defects during construction and installation work ;

Monitoring the implementation by construction and installation organizations of the instructions and instructions of the designer's supervision and state construction control bodies, as well as the requirements of the technical supervision of the customer-developer related to the quality of construction and installation work performed and the structures used, products, materials and equipment, ensuring timely elimination of defects and deficiencies identified during acceptance individual species works, structural elements of buildings, structures and objects in general;

Participation in quality checks of individual structures and assemblies, types of construction and installation work, equipment and mechanisms upon their acceptance by acceptance commissions;

Participation in the inspection of objects, buildings and structures subject to conservation, and the preparation of documentation for the conservation or temporary cessation of construction of enterprises, buildings and structures, as well as in assessing the technical condition of objects when transferring them to construction and installation organizations to continue work;

Participation in inspections conducted by state supervision and construction control authorities, as well as investor commissions;

Notification of state supervision and construction control authorities about all cases of emergency conditions at construction sites and the volume of work to eliminate accidents;

Ensuring the implementation of geodetic measurements of deformations of the foundations of buildings and structures provided for by the project, carrying out control geodetic surveys and, based on their results, applying all changes to the executive master plan.

3.7. Acceptance into operation of completed construction projects.

3.7.1. The customer-developer together with the general contractor:

Submits the necessary documents to the acceptance committee for completed construction projects;

Transfers documentation on the acceptance of objects into operation for storage by the user of the object, unless otherwise provided by regulatory documents of local authorities and/or an agreement (contract) with the investor;

Takes part in the work of the acceptance committee for the acceptance and commissioning of facilities constructed at the expense of budgetary funds;

Creates, on behalf of the investor, an acceptance commission and accepts from the contractor works completed by the construction of facilities constructed at the expense of enterprises, private investors and other extra-budgetary funds, unless otherwise established by the agreement (contract) between the investor and the customer-developer;

Commissions the accepted facility and registers the commissioning of the facility with local authorities in the manner established by them;

Determines the operation mode of the facility during testing and acceptance;

Applies to state supervisory authorities to obtain an opinion on the object presented for acceptance;

Transfers completed construction objects to the investor or user organizations authorized by the investor, or in the manner established by the investor, submits them for sale;

Accepts mothballed construction sites from the contractor according to the act, taking measures to ensure the safety of the work performed;

3.7.2. The customer-developer can perform additional functions:

Collection of initial data and coordination of technical specifications;

Engineering services;

Development of a system for maintaining construction risks, selection of an insurance company, coordination of insurance conditions.

4. Rights of the customer-developer

To perform the functions assigned to him, the customer-developer has the right:

4.1. Represent the investor in institutions, organizations and enterprises regarding the implementation of the investment project.

4.2. Make decisions and conduct correspondence on issues of technical and economic assessments and investment calculations, holding tenders and contract bidding, concluding agreements (contracts) for the development of project documentation, construction agreements (contracts) for capital construction and other agreements (contracts).

4.3. Involve competent specialists and organizations as experts and consultants to check the status of implementation of the investment project, development of project documentation, construction, supply and installation of equipment, etc., compliance with the established deadlines for the implementation of the investment project and product quality at all stages of the investment cycle during the period of validity of the contract ( contract) for the implementation of an investment project.

4.4. Suspend the production of any type of work if it is carried out in deviation from the requirements of the project and the rules established by the contracts.

4.5. Require contractors and other performers of work (design organization, general construction contractor) to justify their proposed price for work (development of design documentation, performance of construction, installation and other works and services).

4.6. Terminate unilaterally, on its own initiative, agreements (contracts) with participants in the investment project in the event of an unmotivated increase in the deadlines for the completion of work, in case of failure to comply with the requirements for the quality of products, design documentation, construction and installation works, supplied equipment and other types of work, as well as in case of cancellation licenses for construction activities.

4.7. Transfer management of the investment project to another legal entity or citizen (project manager), who are the customer’s proxies and act on his behalf and represent his interests throughout the entire term of the agreement for the implementation of the investment project.

4.8. Establish direct contacts with design and construction subcontractors and the consultants they engage with the written consent of the general designer and general contractor.

4.9. Use project documentation at your own discretion in accordance with current legislation, unless otherwise provided in the agreement for the development of project documentation and the agreement with the investor.

4.10. Continue financing the implementation of the investment project at the expense of own or borrowed funds in the event of a temporary termination of the investor's financing, with the acquisition of rights of shared ownership of the object for the invested funds, on the basis of an additional agreement with the investor.

5. Responsibility of the customer-developer

5.1. The customer-developer bears full property and other liability provided for by law for:

Fulfillment of all obligations under the agreement with the investor and agreements with the performers of the work (for the development of project documentation, performance of contract construction and installation work and other types of work);

The quality of the investment project accepted and paid for on time (project documentation, constructed facility and other types of investment projects);

Fulfillment of obligations regarding the commissioning of facilities;

Compliance with the obligations stipulated in the contracts between participants in the implementation of the investment project. Customers compensate other contractors for losses, including lost profits, caused by the termination of fulfillment of their obligations under contracts with them;

Performing functions and using the rights granted to the Customer-developer.


The answer to the question “Who is a technical customer” can be summed up in the following formulation: “This is an organization that provides a full range of engineering services in construction from project development to commissioning of the facility.” When examining in detail the functions of a technical customer, it becomes clear that the area of ​​his responsibility is much wider than it seems at first glance. The technical customer is not only a professional performer in terms of preparing permits and going through the procedure of all approvals, he is a partner who is an expert in organizing construction sites, obtaining technical conditions for connecting to utility networks, financial control and more. The technical customer plays a key role in managing the construction process and effective interaction with all its participants. The role of the coordinator, who carries out technical supervision at all stages, controls the quality and timing of construction.

The emergence of the concept and its legitimacy

The term “technical customer” officially appeared in the eighties, when the Soviet Gosstroy issued a corresponding regulation. The state customer created a special service, whose activities included pre-construction preparation and the functions of technical supervision of construction. Together with the separation of investment issues of the customer-developer into a separate section, this probably led to the emergence of the concept of “technical customer”. The technical customer service fully coped with the obligations assigned to it and, in particular, with the function of quality control in construction, and after the collapse of the Soviet political system it turned out to be the most prepared to work in the new conditions.

Today, the need for such a participant is dictated by the market, since this is a multifaceted work, and its implementation requires knowledge that has been acquired over the years. There is no technical customer specialty as such; representatives of the service emphasize that this is, first of all, a long-term practice that is not taught at any university.

In performing a whole range of services, the technical customer is, first of all, guided by his contractual obligations. Since there are agreements, legal aspects of their implementation also appear: administrative documents, court decisions and others. Information on the performance of the functions of a technical customer can be found in the Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2002 and the Federal Arbitration Court of the Moscow District dated December 6, 2006. In addition, the Moscow authorities formulated what they mean by the concept of “technical customer”. Here is a quote from the Moscow Government Resolution No. 386-PP dated June 13, 2006 “On the progress of the development of the system for placing state orders in the city of Moscow”: “8.2.2. Include in the terms of bidding for the selection of design organizations and organizations performing control and supervision functions for the period of design and construction of facilities (hereinafter referred to as technical customers), the terms for the development and approval of design and estimate documentation...”

In other words, the term has caught on, but there was no legal definition of a technical customer, his rights and obligations until recently. Official recognition of the technical customer as a full-fledged subject of the construction industry took place in 2011. Amendments to the Town Planning Code of the Russian Federation were made Federal law dated November 28, 2011 No. 337-FZ. Instead of the name “customer” the concept “technical customer” is now used. Technical customer - physical (acting on professional basis) or legal entity, authorized by the developer and acting on his behalf. The term “technical customer” appears in many articles of the Urban Planning Code of the Russian Federation, in paragraph 22 of Art. 1 provides a complete definition of the technical customer and clearly states its functions: “Concludes agreements on the performance of engineering surveys, on the preparation of design documentation, on the construction, reconstruction, overhaul of capital construction projects, prepares assignments for the implementation of these types of work, provides them to persons performing engineering surveys and (or) carrying out the preparation of project documentation, construction, reconstruction, major repairs of capital construction projects, materials and documents necessary to perform these types of work, approves the design documentation, signs the documents necessary to obtain permission to put the capital construction project into operation, carries out other functions provided for by this Code. The developer has the right to perform the functions of a technical customer independently.”

A technical customer is like a conductor in an orchestra, a producer in a movie, a locomotive in...

To objectively understand the importance of the technical customer in construction, let us dwell in more detail on the functions that are assigned to him. According to representatives of the technical customer service, their main task is to provide technical support for pre-project and design documentation and manage the project at the stage of its development and approval. The technical customer acts as the organizer of the process of interaction between all its participants and provides the main connection between investors (customers), designers, contractors and approval authorities. Taking into account the interests of everyone, the technical customer takes responsibility for ensuring that the facility is completed on time in accordance with the project and with all building codes and regulations.

So, let’s imagine that there is a allocated plot on which the customer (investor) decided to build a multi-storey building, and there is a town planning plan for this plot, on the basis of which it is necessary to prepare various documents. These include a lease agreement and free-term use of land plots for the period of design and construction of objects, as well as documents on the registration of land and property relations and the transfer of land plots to the required category.

In other words, a flurry of paper falls on the technical customer’s head, marking the beginning of the stage of pre-design work and preparation of a set of initial permitting documentation. Further - more. After the development and approval of the architectural and planning concept, it is necessary to obtain technical conditions for connecting the facility to existing utility networks. At the same time, it is not enough to receive them; the validity of all issued technical conditions for electricity supply, heat supply, water supply, sanitation, telephone installation, radio installation, outdoor lighting and gasification must be confirmed by operating organizations, of which, as you understand, there are a great many.

Having passed through the offices of Mosenergo and the Moscow Heating Network Company, MOEK and Mosvodokanal, Mossvet, Mosgaz and other organizations, the technical customer approaches the next stage in full combat readiness. In the package of documents necessary for holding competitions and bidding for the selection of a design organization, in addition to the cherished technical conditions, he includes an agreed urban plan for the land plot, an architectural concept with planting on the site, an archival geological basis and other materials.

After the choice of company has been made, you can begin to develop design estimates, having previously concluded an agreement with the design organization to carry out the relevant work within the established time frame. The assignments received from the designers are approved by the Moscow Committee for Architecture, the Department of Education and Health, the Departments of Housing Policy and Housing Fund, and others. The developed design and estimate documentation undergoes environmental assessment, as well as industrial and fire safety assessments.

After receiving the conclusion of the Moscow State Expertise, the project is transferred to the customer (investor) for tendering to select a contractor, as well as suppliers of equipment, construction materials and services. At the same time, the technical customer prepares materials for the competition, monitors the timing of its holding, in other words, takes a direct part in organizing the process from start to finish.

And now a team of specialist developers has been formed, but before letting it onto the site, the technical customer will have to obtain a construction permit. It is necessary to draw up documents for the allocation of land for construction work, and also, during the period of construction work, obtain permission from the city’s operational services to use existing communications. In addition, obtain permission to carry out work in the area of ​​overhead power lines in the right of way of railways and roads, underground communications and engineering structures.

A separate story with permission to cut down and replant green spaces: you can get rid of a tree that has fallen into the construction zone of an object only if you can prove the need for cutting down, for this you need to go to the construction site together with experts from the center for resolving these issues.

The technical customer's area of ​​responsibility includes creating a geodetic alignment basis for construction, laying out the axes and routes of buildings and structures, monitoring buildings and structures during construction, supervising geological exploration and drilling work during surveys for construction. This is far from full list, but, in our opinion, quite sufficient to understand the volume of work of the technical customer at this stage.

During construction, the technical customer carries out control and technical supervision, and this is not only about checking the quality of the materials, structures and equipment used. The technical customer acts as an inspector who monitors the timing, volume, cost and quality of work in accordance with the project and the requirements of regulatory documents.

And now, when the path from the city plan to the construction of the facility has been completed, and the house is ready, the many-sided activities of the technical customer are approaching the final stage. All that remains is to complete the paperwork necessary for acceptance and commissioning of the facility. The technical customer transfers a complete package of documents, including BTI materials and warranty obligations, to the customer - the owner of the newly built house - for registration of ownership.

The work of the technical customer in the field of financing, accounting and reporting at all stages of the project deserves special attention. After all, it is he who determines and agrees with the contractor, with the participation of the design and subcontracting organizations, contractual prices for the construction of facilities, checks the invoices submitted for payment for the work performed by contractors, suppliers, design, survey and other organizations. Controls the expenditure of the estimated limit for the appropriate structure of capital investments, as well as the reliability accounting on construction projects and costs. The technical customer promptly prepares reports on the use of allocated funds, both to the investor and to the relevant government bodies- for all types of activities.

So, we hope it is now clear why construction market experts compare the technical customer to “a locomotive that pulls a construction site,” “a conductor in an orchestra,” and “a producer in a movie.” The technical customer, whatever you call him, plays a leading role in the organization of construction, and is needed by everyone: the customer, designers and contractors, regardless of the form of the investment project. However, we emphasize that the breakdown of the functions and responsibilities of the technical customer was carried out, first of all, in the context of his many years of practice, that is, based on the budget financing system, when funds for construction are distributed through the government customer service.

Even with the transition to market economy the role of the technical customer as a link between the state and large developers has essentially not changed. Moskapstroy is a vivid example of this, a company with more than half a century of experience, which has gone from UKS and GlavUks to a self-supporting association for the provision of engineering services with subsequent transformation into a joint-stock company. Today, the priority direction in the work of our company remains urban order objects, but at the same time we successfully cooperate with commercial structures of the capital and regions.

There is an opinion that it is reasonable for an investor to invite professionals to manage a large single project, whereas for a large long-term construction program, an in-house technical customer service is created. Indeed, there are major players in the market that have their own management structure, but they are gradually moving away from this practice. When constructing complex and large-scale projects, investors turn to the technical customer service for help, and we are no longer talking about single orders, but about a trend, so we will talk about this separately.

In partnership with an investor

Who is a technical customer and is one needed at all? This is the most difficult question for any investor. The technical customer service involved in the investment project can be called differently management company, who knows a lot about urban planning. In fact, this is both management and consulting, and the investor can entrust the technical customer with both full support of the project and its individual stages.

At the stage of obtaining permits, it may seem that the role of the technical customer is reduced to executive functions. However, experienced investors know how important it is, already at the first stage of project promotion, to build the best possible partnership with the technical customer, on whom the optimization of the entire project, saving time and material resources depends.

First of all, we are again talking about obtaining, depending on the complexity of the object huge amount various conclusions, agreements, statements. In this case, it is necessary to take into account the timing of consideration or execution of applications, as well as the fact that most of them are regulated by several legal or by-laws, and violation of the simplest formal requirements leads to a reasoned refusal. This is where a team of specialists comes to the rescue, capable of obtaining permission from the necessary approval authorities in a timely manner.

In addition, the technical customer takes on more than a simple role as a link between the investor and the designers. Only a professional is able to understand the client’s language and convey his wishes to the architect, whose statements will, in turn, have to be translated into the investor’s language. That is, it is necessary to take into account the interests of everyone and at the same time comply with the rules of the game.

According to technical customer service specialists, they try to give the investor the most comprehensive and complete answer to every problem, even the most insignificant. Typically, an investor does not have full knowledge in the field of capital construction; his team may not have either construction experts or lawyers specializing in this topic. Only a manager can guide him in matters of obtaining technical specifications, using new technologies in construction and other well-known methods for optimizing a project.

As a result, the increase in costs associated with attracting a technical customer will result in serious savings. The technical customer knows the specifics of organizing the construction process, in which there is a clear sequence of tasks, and he solves them without wasting time, saving the investor from unforeseen costs.

During construction, a lot of questions arise that were not taken into account in the project plans and budgets. Here, for example, is a recent case from the practice of Moskapstroy, when at an inspected construction site in an open pit, an old bomb shelter was discovered that was not marked on the geological basis. As experts note, in resolving such issues, efficiency is needed; delays at any stage are fraught with additional costs, especially if this leads to an increase in construction time.

In fact, each object has features that sometimes require a radical revision of the project development strategy and the composition of project documentation. And here the technical customer becomes not just a full partner, but also a trusted representative of the investor on the construction site. In this case, you should trust the specialized technical customer service, which has knowledge and practice of applying legislation and regulations, and is able to conduct large number current documentation and our own intermediate control of documents developed by external organizations. The technical customer maintains financial records and monitors the compliance of the volumes and quality of work presented for payment, monitors cost efficiency and profitability of the project at all stages of development.

At the same time, we emphasize once again that the technical customer is not only a professional in the field of construction, but also a competent manager with organizational skills and the ability to conduct any negotiations. With the right approach and effective organization of the construction process, the technical customer is a performer, consultant and manager in one person, but, above all, it is a partner who, subject to compliance regulatory requirements and quality of work, defends the interests of the investor.

While studying Law No. 372-FZ, which significantly changes the entire system of self-regulatory organizations in construction, I came across a question to which (I’ll be glad to be wrong) there is no correct answer today. But the answer is needed - there are too many risks, money and actions tied to it.

As a rule, the following are involved in the implementation of a real estate construction project:
1. Developer;
2. Technical customer;
3. Construction inspector (conventional name; a person exercising construction control in accordance with Article 53 of the Civil Code);
4. General designer;
5. Designer(s);
6. General contractor;
7. Contractor(s)
8. Subcontractor(s)
Their functions and the need to be in an SRO are summarized on the X-mind map:

Link to full image on Google Drive.

As you can see, if a participant is required to have professional knowledge in construction, then he must be a member of an SRO.

All contractors, including designers and surveyors, must have certificates of authorization.

“Generals” who themselves do not build or draw anything, but organize the process, must have an SRO by virtue of paragraphs 13 and 33 of Order No. 624.

“Construction inspectors” are also members of a self-regulatory organization, since their competencies require professionalism, and in addition, there is paragraph 32 of Order 624, obliging them to join there.

The developer obviously does not require any evidence from the SRO (I always say that the ideal developer is just as much of a fool as the consumer. The developer’s job is to give money and land and go smoke. Nothing more).

It’s more difficult with a technical customer. Its functions, relatively speaking, can also be considered purely “developer”, “consumer”, not going beyond the framework of “gave money, went to smoke, I’m waiting for the result, guys.” Here they are, these functions:

1. concluding contracts with contractors;
2. preparation of assignments for the execution of work (this could be regarded as a professional function of the technical customer, if the technical specifications were not made by the contractors themselves and the role of the developer/technical customer would not be reduced only to the approval of these technical specifications);
3. providing contractors with initial documentation and customer-supplied materials;
4. approval of project documentation;
5. signing documents to obtain permission to put the facility into operation;
6. other functions (which ones, besides construction control, which is allocated as a separate position?)

The conclusion that the technical customer performs exclusively representative functions follows:
- and from the law (clause 22 of Article 1 of the Town Planning Code: the technical customer acts on behalf of the developer; the developer has the right to perform the functions of the technical customer independently);
- and from judicial practice(Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 30, 2014 No. 33, paragraph 22: “... for the purpose of applying the provisions of Chapter 21 (Tax) Code, a technical customer who does not simultaneously perform the functions of a contractor must be qualified as an intermediary and the rules of paragraph 1 applied to him Article 156 of the Tax Code of the Russian Federation"; Resolution of the 15th AAS in case No. A32-9696/2013, FAS MO in case No. A40-124446/12-129-930: the technical customer is not the person carrying out the construction, he performs some representative functions of the developer ).

Thus, the technical customer is just a “slightly more experienced” hand of the developer, which has no independent significance, does not carry out professional functions in construction, and therefore is not a member of the SRO.

What does Law 372-FZ do?
He, leaving the role and functions of the technical customer unchanged, for some reason charges him with the obligation to join all SROs at once:
"The functions of a technical customer can only be performed by a member of a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul capital construction projects...(Clause 22 of Article 1 of the Civil Code as amended).

That is, if after July 1, 2017, the developer wants to hire a technical customer, he must have membership in the SRO (accordingly, contributions to the compensation funds of two self-regulatory organizations, specialists: GIPs and GAPs, managers with higher education in both construction and design , work experience both there and there, and so on).

No, the developer thinks, I can’t handle such a technical customer. I’ll go and conclude contracts with designers and contractors myself. I don’t need an SRO for this, do I?
Not a fact, the in-house lawyer answers the developer. After all, the law says: the functions of a technical customer can only be performed by a member of an SRO. Therefore, before you sign contracts for the project and construction, go, developer, and join all SROs yourself at once, make contributions, hire specialists, and so on.

Thus, the developer has only three options:
- or hire (or develop) a technical customer who has membership in both SROs - how many such technical customers are there today and how much do they cost?
- or join all these SROs yourself only in order to have the legal opportunity to sign general contracting and general design agreements.
- or give up, hire specialists and design and build it yourself.

Which of these options is optimal needs to be considered, but any of them, in my opinion, is redundant. Why an unnecessary membership in an SRO was imposed on the technical customer and why, at worst, they did not leave an exception in the Urban Planning Code that the developer can himself perform the functions of a technical customer without joining the SRO is a mystery.

I'm asking for opinions - does the developer have legal options to build without a technical customer, concluding contracts directly with contractors, without entering into an SRO?

Controversial processes that sometimes arise between customers and construction companies can ruin the lives of both parties for a long time. This is what customer service exists for. It is her direct responsibility to ensure mutually beneficial and competent cooperation.

Market competition

Searching for a construction customer or a reliable contractor company sometimes causes applicants to waste a lot of time, turning everything into a run in a vicious circle. Why does this situation arise? This happens due to great competition in the construction industry, which is becoming even greater every day. Many companies advertise their services, but in reality not all can provide the required quality.

Many reasons can be to blame for this - from an unsuccessfully selected site to incorrectly installed communications. Customer service is an organization that will avoid any disputes between the parties by conducting a complete independent audit. This is a guarantee that the matter will not develop into lawsuits, and everyone will be happy.

What does the customer service do in construction?

First of all, the functionality of this service includes the selection of a reliable and profitable partner. After this, this service will conduct constant and productive work with all bodies exercising government supervision, with contractors and investors. And of course, with organizations whose responsibilities include documentation.

What allows us to ensure the quality of cooperation

As you can see, customer service is about providing complete accompanying control over the construction process, where the rights of each party are protected. Such profitable and highly effective cooperation is carried out due to the fact that all conditions are initially openly negotiated, and then control takes place and strict performance requirements are put forward to ensure the quality of the work performed.

Admission documentation

It is clear that only professionals can work in such a serious organization. After all, technical supervision implies full possession of the necessary knowledge and accumulated experience. Thus, the customer service is an organization whose employees have such characteristics as responsibility and specialized education. In order to carry out construction control, such a structure must have a valid certificate issued by the SRO for permission to work.

What the organization does and guarantees

The company's specialists provide control at all stages of the work - from the development of project documentation to the full commissioning of the constructed facility. The functions of the customer service include:

1. Study of the land plot (proposed construction site).

2. Determining the possibility of obtaining major

3. Consultation with the investor, as well as with other specialists of city services.

4. Even before the start of design, prepare a series necessary documents according to source data, the list of which includes:


5. Coordination of a package of initial and decisive documentation to consider all possible options aimed at minimizing the customer’s costs.

In addition, customer service:

  • Prepares and conducts a tender among the declared design companies in order to determine the general designer, as well as design subcontractors.
  • Responsible for preparing contracts with design organizations.
  • Prepares documentation for holding elections for construction work.

For whom is it appropriate to apply?

Many citizens will probably be interested in who such organizations are created for and who can apply to them? In principle, the customer/developer service reviews absolutely all proposals. After all, their main task is to respect the interests of all parties. And it can be used not only by clients ordering the construction of buildings, houses, etc., but also by contractors, investors, as well as entire departments for capital urban planning.

The benefits are obvious to everyone. For example, the customer is freed from the need to deal with red tape with the original documentation, as well as resolving his issues with government agencies. All this will be arranged, carried out and checked for correctness by a hired service. As for construction organizations, this also benefits them, since they get an interesting project and a serious customer. In addition, performing work in accordance with the declared quality will become an advertising project that will distinguish the company from its competitors. We can say that all parties win here.

Project construction stage

At the stage of construction of the facility, the technical customer service carries out constant quality checks of the work performed. And it is mandatory to accept the planned physical volumes of completed stages in the course of activities in accordance with the acts. In addition, it conducts the audit and acceptance of installation critical elements and checks the quality of installation. Monitors their testing and draws up as-built documentation. He is also involved in organizing and conducting (with his own evaluation participation in the work) the state acceptance commission regarding the completed construction of the facility.

Budget for service maintenance

Funds provided for the maintenance of customer-developers must be included in the estimate documentation, and specifically in Chapter. No. 10 of the summary calculation of construction costs (clause 4.87 of the MDS Methodology No. 81-35.2004).

If the work is carried out at the expense of funds federal budget, then the amount of this financing is determined in accordance with the standards approved in 2005 by the State Construction Committee of the Russian Federation. How is this calculated? The costs of maintaining the customer's technical supervision service, in the case of using federal budget funds, are calculated as a percentage: from 1.1-1.5% of the annual volume of capital investments (according to Appendix No. 2 to Rosstroi Order No. 36). It depends on the amount of capital costs and quantity settlements in the region where construction is taking place.

If the finances are not from the State Budget

If construction is financed by private investors, then they set the amount of funds independently. This may have already been decided and specified in the construction contract. For example, the maintenance of the customer-developer can be agreed upon and determined in the form of a certain separate amount of money. Or, as in the case of state budgetary funds, payment for the work of the service may be a certain percentage in relation to the value of a specific indicator agreed upon by the parties (for example, regarding the volume of capital expenditures or another value of an economically justified indicator).

Transfer for maintenance

As a result, if the amount of the amount is indicated initially, then cash will be transferred by the developer separately from the capital budget allocated for construction. For example, in the form of remuneration for work performed.

The customer service can be financed from already constructed real estate included in the inventory value if the funds are reimbursed through estimated appropriations and are considered capital costs for construction. For the purpose of such accounting of expenses, this norm is specified in clause 1.4 of the regulations on accounting for long-term investments.

By agreement

When drawing up an agreement with representatives of the technical customer service, the investor can assign absolutely any amount of responsibilities to them. This also applies to the full management of all stages of the implementation of the invested project. Services may include everything from collecting initial permitting documentation before the start of project development to the actual registration of commissioning permits. If necessary, they will take care of other matters, for example, drawing up the required agreements with resource supply and operating companies.

Independently or not is a matter of choice

The technical customer is an official service company that literally organizes and controls the entire ongoing process of constructing an object - from the development of design documentation to its commissioning. The developer can carry out the functions of such an organization independently. However, the involvement of specialized firms very quickly became widespread. So it's worth it.

As a construction customer (with a contractor).

Customer

In construction, the Customer (the person who orders the construction or reconstruction of an object) enters into a contract with a contractor. steam adjustable Chapter 3 37 of the Civil Code of Russia (Civil Code of the Russian Federation). In the Civil Code of the Russian Federation, the parties to a contract (including construction) are referred to as the Customer and the Contractor:

“Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the customer undertakes to accept the result of the work and pay for it.” (Clause 1 of Article 702 of the Civil Code of the Russian Federation).

That is, the contractor can also be the customer if he enters into a construction contract, as the customer, with a subcontractor.

Example

Company A entered into construction contract No. 1 with construction Company B for the construction of a production workshop.

To fulfill this agreement, Company B entered into construction contract No. 2 with construction Company B, entrusting it with performing part of the work on the construction of the production workshop.

In agreement 1:

Company A - Customer

Company B - Contractor

In agreement 2:

Company B - Customer

Company B - Contractor

Developer

A person who ensures the construction of facilities on a land plot owned by him (Article 1 of the Town Planning Code of the Russian Federation). That is main feature developer - that construction is taking place on a plot of land owned by him. In most cases, it acts as a customer in construction, involving contractors under a contract. Sometimes this is called the Customer-Developer.

The developer does not necessarily have ownership rights to land plot, on which the object is built. The developer can provide construction of the facility, for example, on a leased land plot.

The developer can attract investors to construct the facility. In this case, the developer receives targeted funds from investors, monitors the progress of construction and ensures the transfer of the results of construction work to investors (in their part).

Example

The developer is constructing an office center building. The developer attracted an Investor. Under an investment agreement, the developer undertakes to transfer ownership of 1,000 meters of office space in the constructed building to the investor.

Technical customer

A person who performs the function of a customer in construction for a fee. To do this, this person enters into an agreement with the developer to perform the functions of a customer in construction (Article 1 of the Town Planning Code of the Russian Federation).

The attraction is due to the peculiarities of construction. Considering that this industry is extremely complex and responsible, sometimes a customer who does not have enough experience in construction (or does not have enough resources) hires a professional organization, which, under a contract (technical supervision, technical order), performs the function of the customer. Such a professional organization acts as