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Technical customer for design work. Who is a technical customer?

17.01.2023

1. Status of the customer-developer

1.1. The customer-developer is a legal entity and an 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 works that ensure turnkey construction (at the expense of funds transferred to him under the agreement with the investor cash).

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. Provides an 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 comments of the expert review.

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 execution 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, products, materials and equipment used, 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:

Represents necessary documents 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 on issues related to 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.

A technical customer is an association that provides a full range of engineering services in construction, from project development to commissioning of the finished facility. If in detail analyze its functions, it becomes obvious that the responsibility technical customer much wider than it initially seems. He plays the role of not only a professional performer in terms of preparing permits and going through the necessary approvals procedure, but also a partner who acts as an expert on the organization of sites for the construction of buildings; obtaining appropriate technical conditions related to connection to utility networks; control in the field of finance and so on. What components do contractor services include? How does one join an SRO? Does the technical customer need this? These and other equally interesting questions can be answered by reading the materials in this article.

History and validity of the concept

As it turned out, technical customer in construction is a key link, because it is he who directly manages the process and effectively interacts with absolutely all subjects taking part in it. He plays the role of coordinator, carrying out technical supervision, which corresponds to each of the current stages, as well as monitoring the timing and quality of construction. Where did such a modern concept as a technical customer come from?

Technical customer (contractor) officially emerged as an independent term in the 1980s. At that time, the Soviet Gosstroy approved the corresponding regulation. Thus, the state customer formed a special service, the activities of which included preparation for the construction procedure of the facility, as well as modern ones of a supervisory nature. It is important to note that this service fully coped with its own obligations (in particular, with the control function in terms of quality). By the way, after the Soviet political system collapsed, it turned out to be perfectly prepared to work under new circumstances, which, undoubtedly, was a positive trend.

Modern period

The need for a technical customer is an urgent need in the modern market. Why? The fact is that his activities are multifaceted. Thus, its implementation requires knowledge acquired over the years. It is important to note that no specialty corresponds to the technical supervision of the customer. Representatives of such a difficult service emphasize that what is most important here is practice over many years. As you know, this is not taught even at the most prestigious university. The technical customer is the one who, in the implementation of a whole range of currently relevant services, is guided by his own contractual obligations. This means that if there are contracts, there are also legal aspects of their implementation, including administrative documentation, decisions of judicial authorities, and so on.

It is interesting that there was no legal term for technical customer, as well as a definition of his responsibilities and rights, until recently. Characterizing technical customer documentation appeared only in 2011, because it was then that he was officially recognized in society. Thus, he became a full-fledged subject of the construction industry. It is important to know that amendments to the previously approved Town Planning Code of the Russian Federation were noted through the Federal Law of November 28, 2011.

The technical customer is a legal or physical person (carrying out its activities on a professional basis) who is authorized by the developer and has the right to act on his behalf. Today this term appears in many articles of the Town Planning Code of the Russian Federation. However, paragraph twenty-two provides a full-fledged concept of a technical customer, and also clearly defines its functionality. Thus, the technical customer undertakes to enter into contracts regarding the implementation of engineering surveys, preparation of design documents, construction, reconstruction, overhaul current objects; prepare assignments for the implementation of these types of work; provide persons who carry out engineering surveys or prepare design papers, reconstruction, construction, major repairs in relation to certain objects with documents and materials necessary for the implementation of these types of work; approve project documentation; sign the papers required to obtain permission to put the facility into operation; carry out other functions provided for by this Code. It is important to add that the developer has the absolute right to implement all functions of the technical customer in an independent manner.

The importance of the technical customer

Often, a technical customer is compared to a conductor in an orchestra, a producer in a movie, or a locomotive in a train. For an objective and complete understanding of its significance in construction, it would be advisable to dwell in more detail on the functions assigned to it. According to the words developer (technical customer)), its main task is technical support of both pre-project and design documents, as well as project management at the stage of its formation and further approval. The technical customer is, as it were, the organizer of the interaction process between its participants. It is he who establishes the key connection between customers (investors), contractors, designers, as well as approval authorities. If we take into account the interests of each of the represented entities, we can see that the technical customer places on his own shoulders the responsibility for the timely delivery of the project, which is in full accordance with the previously outlined scheme and complies with current rules and regulations.

The work of a technical customer in practice

It would be advisable to give a specific example of the activities of a technical customer. It is necessary to imagine that there is a certain plot of land on which the investor (customer) decides to build a multi-storey building. In addition, there is a town planning plan for this site. It is on the basis of the latter that various types of documentation need to be prepared. Its totality includes such papers as a lease agreement, an agreement for the temporary free use of a land plot for the period of design and further construction of the facility, as well as papers for transferring a plot of land to the required category and formalizing land-property relations.

In other words, technical customer service puts a flurry of paperwork on its own shoulders and thereby marks the beginning of preliminary design work, as well as the preparation of a whole set of initial permitting documents. Further - more. It should be noted that after the formation and further approval of the planning and architectural concept, it is necessary to obtain technical conditions corresponding to connecting the facility to already developed utility networks. Besides, just getting them isn't all the work. The validity of all technical conditions that are issued must be confirmed in government organizations exploitation (and today there are incredibly many of them). It is necessary to add that the conditions considered relate to water supply, electricity supply, heat supply, telephone installation, drainage system, radio connection, gasification, as well as external lighting.

Not an easy path

As it turned out, technical specifications of the customer(investor) involves going through a number of stages. So, having passed through the offices of the Moscow Heating Network Structure, Mosenergo, Mossvet, MOEK, Mosgaz, Mosvodokanal and other associations, the technical customer can proceed to the next stage in absolute combat readiness. In the package of documentation necessary for the implementation of tenders and competitions for the selection of a design association, in addition to the cherished technical conditions, he includes a plan of the land plot, which is agreed upon in advance, an archival geological basis, an architectural concept in terms of planting on the land plot and other information.

Customer technical supervision After selecting an organization, it involves the development of design and estimate documents. It is important to note that in this case it is necessary and mandatory to preliminary conclude an agreement with the project structure for the implementation of certain works within a strictly established time frame. The assignments received from the designers are in one way or another coordinated with the Moscow Committee for Architecture, as well as the Department of Health and Education, the Department of Housing Policy, the Department of Housing, and so on. You need to know that the design and estimate documents intended technical customer agreement, under any circumstances, undergo environmental and fire safety and industrial safety assessments.

Transfer of the project to the customer

It is important to note that only after the conclusion of the Moscow State Expertise has been received, the project is transferred to the hands of the customer (investor) in order to implement tenders corresponding to the choice of contractor, suppliers of building materials, equipment, and so on. This includes preparing materials for the competition and monitoring its timing. In other words, he accepts active participation in an organizational issue directly related to the construction process.

Finally, the development team is fully formed! However, before opening the way to the site, the technical customer must obtain appropriate permission. It is necessary to complete documentation related to the allocation of a plot of land for construction work. In addition, during this work, permits should be obtained from all operational structures of the territorial unit for the use of current communications. By the way, a permit is often required for construction work in the area of ​​electricity transmission lines in the right of way of roads and railways, engineering structures and underground communications. It should be noted that SRO approval for technical customer needed to implement its own functions, which include monitoring the timing and quality of work on site. Although this point is not mandatory.

Technical customer functions


Today, a number of the most important tasks of the technical customer service include the following items:

  • Collection and preparation of initial permitting documentation.
  • Support of the design process.
  • Conducting project reviews.
  • Obtaining permission to carry out construction work.
  • Carrying out technical supervision in terms of construction.
  • Commissioning of capital construction projects.

Technical customer competence

Currently, many incorrectly perceive the structure discussed in the article as an auxiliary association capable of competently and quickly preparing permits and carrying out the necessary approvals. In reality, it is a partner company that understands certain issues at an expert level. As a rule, they cover the following aspects:

  • Organization of construction work on site.
  • Obtaining technical conditions in order to connect to utility networks.
  • Control in terms of spending money and so on.

It is important to note that the structure, which is the technical customer, is given a key role in managing the construction process and establishing effective interaction between all its participants. In addition, she provides technical supervision, in other words, ensures maximum quality of construction, as well as compliance with the deadlines stipulated by the current project.

Need for technical customer

Today, often the technical customer, who operates as a limited liability company, is objectively necessary for the construction market, because it is he who is engaged in multilateral activities. It is important to note that to conduct the latter, one way or another, the knowledge acquired over many years is necessary. By the way, what is the admission SRO for technical customer necessary for the implementation of its own functions, which includes monitoring the timing and quality of work on site. With it, work progresses much faster and more efficiently, but this admission is not a mandatory point.

In order to fully understand the significance of the structure of the technical customer, you should understand in as much detail as possible what types of work he undertakes. In addition to preparing documentation, which is fully described in the previous chapters, the technical customer organizes fruitful contact between all participants in the process, including:

  • Direct customers (investors).
  • Designers.
  • Contractors.
  • Controlling authorities that issue permits necessary for construction.

It should be noted that the technical customer service department, in one way or another, undertakes to take into account the interests of all parties, as well as to organize the delivery of a capital construction project on time, provided that it complies with regulatory documents and current requirements.

Important points

The previous chapters detail the stages professional activities technical customer, and its functionality is specified. It turned out that, in accordance with the definition, he is engaged in eliminating all issues related to the preparation of a land plot for development. However, it was not said that he was given the right to manage the replanting and cutting down of trees and other plantings that are located in the construction zone. It is important to note that in order to carry out certain operations, the technical customer undertakes to prove the need, for example, cutting. In addition, in this case, specialists who work in the relevant administration department must go to the construction site. In the process of providing the services under consideration in construction, the following operations are carried out, which are one way or another included in the area of ​​responsibility of the technical customer:

  • Formation of a geodetic alignment basis for construction.
  • Performing layout of building routes, as well as their axes.
  • Carrying out monitoring of structures and buildings directly during the construction process.
  • Supervision of drilling and geological exploration work, which is included in the survey in the process of preparation for construction.

It is important to note that the article does not present the entire list of functions of the technical customer in the preparation of construction and design, known today. Nevertheless, from this information it becomes clear that the scope of his work is quite serious. It would also be advisable to raise the issue of responsibility of the technical customer in the construction process.

When carrying out construction work, the technical customer carries out technical supervision and control. It is important to add that he checks not only the quality characteristics of the structures and materials used, but also the serviceability of the equipment used. Thus, the head of the service is an inspector who monitors such nuances as the volume of work performed, the cost of its execution, as well as deadlines and, of course, quality.

When construction takes its final step, the technical customer also completes its activities. He prepares the documentation required for the acceptance of a capital construction project and its subsequent commissioning. Thus, the employer receives a complete package of papers necessary to register his own right to own the object. It is necessary to add that this includes BTI documents, as well as warranty obligations.

Is joining an SRO necessary to implement the functionality of a technical customer? No! Nevertheless, after studying the norms prescribed in the Federal Law, the Civil Code of the Russian Federation and the Town Planning Code, it becomes obvious that without this permission he will not be able to carry out certain actions, for example, control the quality of construction work at the site.

In conclusion, it should be added that a special area of ​​activity of the technical customer is control of financial resources allocated by the investor. Thus, he undertakes the following obligations:

  • Coordination with the contractor of the cost of construction work.
  • Checking invoices for work performed presented for payment.
  • Monitoring the expenditure of funds within the approved budget.
  • Preparation of reports on the use of allocated funds on time.
  • Credibility Tracking accounting.

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 is an individual (acting on a 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 object is delivered 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 and estimate documentation, 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 the creation of 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 of accounting for 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 striking 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 service of the technical customer, 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, while complying with regulatory requirements and the quality of work, defends the interests of the investor.

Krestin P.A.

Master's student, Moscow State University of Civil Engineering

MAIN FUNCTIONS OF A TECHNICAL CUSTOMER IN CONSTRUCTION AND BASICS OF CONSTRUCTION CONTROL

Annotation

Nowadays, the role of the technical customer is key in the construction process. Many even call the technical customer the cornerstone on which the success of the project as a whole depends. The technical customer is a professional performer in the preparation of permits and approvals in the order of passing various government agencies, as well as a partner who is an expert in solving many issues. The article reveals the main functions performed by the technical customer. This article also outlines the basics of construction control.

Key words: investor, technical customer, construction process, technical documentation

Krestin P.A.

Undergraduate, Moscow State University of Civil Engineering

THE MAIN FUNCTIONS OF TECHNICAL CUSTOMER IN CONSTRUCTION AND BASICS OF BUILDING CONTROL

Abstract

In our times, the role of technical customer is a key in the construction process. Many even call technical customer the cornerstone upon which all success is the creation of the project in general. Technical customer is a professional performer in the preparation of the permits and approvals procedure in passing the various state bodies, as well as a partner who is an expert in dealing with many issues. The article deals with the basic functions performed by technical customer. Also, this article presents the fundamentals of building control.

Keywords: investor, technical customer, construction process, technical documentation

To understand the role of the technical customer in the construction process, it is important to take time to consider some of the business entities that are directly involved in the construction process, since the participation of the technical customer in it implies communication and cooperation with most of the entities presented below.

A large number of business entities are involved in the construction process, namely:

  1. Investor
  2. Customer (technical customer)
  3. Developer
  4. General contractor
  5. Subcontractor
  6. Designer
  7. Other

In order to understand the specifics of the technical customer’s activities, one should consider the main functions that it performs, presented below in Figure 1.

Rice. 1 – Main functions of the customer

Now let's move on to considering the relationship between the developer and the contractor.

A construction contract is an agreement under which one party (contractor) undertakes to perform specified work on behalf of the second party (customer) and deliver the result of this work to the customer, and the customer undertakes to accept and pay for it

The parties to the contract are: the customer and the contractor.

In relation to the contracting organization, the technical customer faces the following task: he must pay remuneration and accept the work performed from the contractor. When accepting the work, the technical customer identifies deficiencies, if any, and points them out to the contractor to eliminate them.

Also, in relation to the contractor, the technical customer:

  1. Must accept work within the time frame and in the manner specified in the contract
  2. The right to check the performance of work, give instructions on the method of their implementation, specify the requirements for the result of the work performed, without changing the essence of the task as a whole.
  3. The right to refuse the services of a contracting company if the latter does not begin work on time or performs the work so slowly that it jeopardizes the completion of the work on time.
  4. Etc.

Among other things, the technical customer also controls the investor’s financial flows in order to reduce costs. The customer’s functions also include competent project management, in particular financial management, reporting, etc. Below are some of the functions that the technical customer performs in the field of financing, accounting, reporting and auditing:

  1. Maintains accounting, operational and statistical records
  2. Controls the receipt of timely payment for work performed and other payments provided for in contracts
  3. Presents statutory reporting
  4. Conducts cost analysis for individual expense items and types of work and services and takes measures for the effective use of funds allocated by the investor
  5. Organizes an audit, in agreement with the investor
  6. Etc.

Below is a table with the main functions performed by the technical customer in the field of preparation and use of the construction site and in the field of control and supervision of construction progress.

Table 1 – Main functions performed by the customer

It can be concluded that the technical customer plays a leading role in organizing construction and is the link between the investor, contractors and designers. Most leading Russian construction companies have already realized the importance of cooperation with a competent and market-proven technical customer company, because participation in the process of a technical customer simplifies construction control, cash flow management and many other key tasks for the investor.

Listing the main functions of the technical customer, one should also reveal the essence of the basics of construction control.

Construction control is a set of expert verification activities carried out to ensure strict compliance with the cost, timing, volume and quality of work and construction materials determined by the project.

According to the Town Planning Code of the Russian Federation, construction control can be carried out during the construction, reconstruction, and major repairs of capital construction projects, in order to verify the compliance of the work performed with the design documentation and requirements technical regulations, the results of engineering surveys, as well as the requirements of the urban planning plan of the land plot.

Construction control must be carried out by the person carrying out the construction. In the case of construction, major repairs or reconstruction on the basis of a contract, construction control is also carried out by the technical customer or developer, or an individual or individual attracted by them legal entity based on the contract.

The main objectives inherent in construction control are presented below in Figure 2.

Rice. 2 – Objectives of construction control

Based on the material presented, the following conclusion can be made. Firstly, the leading role of the technical customer in construction becomes obvious, as the most important link in such a difficult and costly process. Secondly, construction control, also one of the most significant and labor-intensive components in the construction process, in most cases falls on the shoulders of the technical customer. Thus, competent implementation of construction control by the technical customer allows the investor to promptly convey all information regarding the construction process, and also allows for the implementation of the project without inflating the estimated cost of construction and ensuring the high quality of the work performed.

Literature

  1. M.A. Kostenko Commercial law. Lecture notes. Taganrog: TTI SFU, 2007.
  2. A. N. Asaul, V. A. Koshcheev State entrepreneurship in construction (state construction order) St. Petersburg: 2009, 300 p.
  3. Types of engineering activities in construction Alaeva A.V., Filippov G.B., Slepkova T.I. In the collection: 21st century: fundamental science and technology Materials of the VI international scientific and practical conference. n.-i. Center "Academic". North Charleston, SC, USA, 2015, pp. 123-130.
  4. Civil Code of the Russian Federation
  5. Town Planning Code of the Russian Federation
  6. Technical customer [Electronic resource] URL: http://www.acstroy.com/technical-customer (access date 09/10/2015).

References

  1. Kostenko M.A. Commercial law lecture notes, Taganrog, TTIYFU, 2007
  2. Asaul A.N., Koscheev V.A. State business in the constriction industry (state construction order), - SPb.: ANOIPEV, 2009, 300 p.
  3. Types of engineering activity in the construction Alaeva A.V. Filippov G.B., SlepkovA T.I. In: 21 Age: Basic Science and Technology Proceedings of the VI International Scientific and Practical Conference. n.-i. c. "Academic". NorthCharleston, SC, USA, 2015. pp 123-130. Civil code Russian Federation
  4. City planning code Russian Federation
  5. Technical customer URL: http://www.acstroy.com/technical-customer (date of the application 09/10/2015).

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