Suppose your contractor and his or her team have suddenly stopped working and he or she is asking for excessive remuneration for materials and work that were not originally agreed. Or your client, the owner, refuses to pay you once the project is complete. In any case, you must ensure that you have a written agreement on the protection of your rights. If you don`t have an agreement, you risk wasting time and money, not to mention the quality of the construction. Additional work is considered outside the scope of the contract, i.e. work that has not been considered and that requires additional payment from the client. On the other hand, additional work is generally understood to mean the work necessary for the performance of the contract. This work does not entitle the supplier to an additional payment, as the volume of the contract has not changed. A contractor concludes a construction contract with a customer, the conditions of which are pre-eligible to receive a fixed amount in return for the completion of a certain amount of work. During the execution of the work, the contractor finds that the project documentation does not contain a specific workload (for example.B. there are no instructions on a particular aspect of the work, so the facility cannot be built).
Not all costs related to unworked work were included in the estimate. Although the contracting authority declared to the contracting authorities the defects in the project documents and did not obtain the agreement of the client to carry out additional work and increase the estimated construction costs, the contractor completed most of the additional work to complete the project in a timely manner. The contractor shall not stop its work until it is clear that the procuring entity will grant its consent to the performance of additional work. This has already provided a considerable amount of additional work. The client then refuses to sign and pay the receipt deed for the extra work. The contractor then applies to the Tribunal because of the contracting entity`s refusal to pay for the additional work. In addition, in accordance with paragraph 5 of Article 654 of the Kazakh Civil Code, it is also possible to demand from the customer the costs of additional work if the contractor demonstrates that the non-execution of the additional work could lead to the loss or damage of the installation. In this case, it is not mandatory to inform the customer in advance of the need to carry out additional work and also to obtain his agreement for the execution of the work.. .
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