Seven Things That Should Be In A Painting Contract

Before the start of painting work in an apartment or house, the painting contractor should conclude an official painting contract with the customer, which specifies the rights and obligations of the parties, fixes the volume and cost of work and rough materials. Here is an example of a typical painting contract for the renovation of an apartment. If the customer wishes, all clauses of this agreement are subject to discussion and change before its conclusion.

In the annexes to the painting contract, an estimate for the work is attached. The estimate indicates the price of work, a list of rough materials necessary for the completion of the project, and includes a detailed schedule as well. To agree to paint and painting work, you need to familiarize yourself with our work procedures. A sample painting contract for the development of an interior design project can be found on our website, to help you get acquainted with our techniques.

The subject of the painting contract

The painting contractor undertakes to perform the work specified in appendix no. 1 to this agreement, which is its integral part, within the time period established by the agreement. The painting contractor undertakes to perform all the work specified in appendix no. 1 to this painting contract, using materials purchased with the approval of the customer. The painting contractor has the right to involve third-party organizations and individuals as sub printing contractors in the performance of the work, within the bounds of the undertaken obligations. In contrast, the painting contractor bears full responsibility for the activities of these organizations. The customer undertakes to create the necessary conditions for the painting contractor to perform the work, accept their result in the prescribed manner, and pay the price stipulated by the agreement. The painting contract also includes these items:

  •  Cost of work
  •  Turnaround time
  •  Provision of materials
  •  Obligations of the painting contractor
  •  Obligations of the customer
  •  Delivery and acceptance of completed works
  •  Quality assurance for completed works

The cost, and calendar dates, of the painting to be performed are both determined by the painting contract, following Appendix 1. The painting completion date is the starting date for property sanctions in case of violation of the painting production deadlines. The contractor undertakes to provide the painting with material resources to execute the painting at the customer’s expense with the provision of invoices and cash receipts for the purchased material. The contractor is responsible for the quality of the materials used in the production of the painting. To perform painting under this painting contract, the contractor undertakes:

  •  Execute, as specified in appendix no.1, painting with quality and in a timely manner.
  • When painting in the absence of the customer, do not allow unauthorized persons to enter the project area.
  • Ensure that established safety rules are followed while painting.
  • Ensure the timely elimination of defects and defects identified during the acceptance of the painting.
  • Fulfill in full all your obligations stipulated in other clauses of this painting contract.

To implement this painting contract, the customer undertakes:

  • Provide, within the time frame established by the painting contract, the scope of the painting per appendix no.1 to this painting contract.
  • Ensure the project’s construction readiness for the contractor of the painting assigned to him under the painting contract, no later than the day painting starts.
  • Provide material support for the purchase of building materials per appendix # 1.
  • Make acceptance and payment for the contractors painting in the manner prescribed by this painting contract.
  • Fulfill in full all your obligations stipulated in other clauses of this painting contract.
  • Accept the completed painting (or painting stage) upon notification of the contractor about their delivery readiness.
  • The customer organizes and carries out the acceptance of the painting results with the participation of the contractor at his own expense.

The deliverables and guaranties

The delivery of the completed painting (or painting stage) by the contractor and their acceptance by the customer are formalized by signing in the annex to the painting contract. The contractor is liable for defects discovered within the warranty period (12 months), except for defects that occurred due to normal wear and tear of the object, shrinkage, improper repairs made by the customer, or third parties involved. Thus, the customer is obliged to eliminate them at his own expense within 28 days. The warranty period, in this case, is extended for the period of elimination of defects.

The warranty period for hidden painting (rough plumbing, electrical, sewer) is 24 months. The customer makes the payment for the completed painting job based on this painting contract. Payment for each stage of the painting is made upon signing the clauses in this painting’s attachment.

Changing the conditions of the painting contract

If the customer fails to fulfill his obligations under this painting contract in time, which will lead to a delay in the execution of the painting, the contractor has the right to extend the execution of the painting for an appropriate period. He eliminates deficiencies not due to the fault of the contractor for a separate fee within the time frame stipulated by the parties in the supplementary agreement. The contractor has the right to refuse to perform such painting if the elimination of defects is not directly related to the subject of this painting contract, or cannot be carried out by the contractor for reasons beyond his control.

If during the execution of the painting contract, hidden defects or painting are discovered that were not taken into account in the painting contract for objective reasons, not through the fault of the contractor, the contractor has the right to demand the conclusion of an additional agreement for these painting jobs or the termination of the relationship with full compensation for the costs incurred. When agreeing on other painting jobs, as agreed with the contractor, the painting completion time is increased by the period of other painting jobs.

Property liability

In the event of a delay in settlements for a completed painting job, the customer undertakes to pay the penalty in the amount of 0.1% of the painting’s cost to be paid for each day of delay, but not more than 10% of the total cost of the painting. In the event of a delay in painting due to the fault of the contractor, the contractor undertakes to pay the penalty in the amount of 0.1% of the cost of the payable painting for each day of delay, but not more than 10% of the total cost of the painting.

The contractor is liable for damage to third parties if it arose through his fault during the execution of painting under this painting contract and during the warranty period of the project due to defects caused by the painting he performed. The contractor is not responsible for the customer’s property located at the address indicated in the contract. In the event of a delay in the process of painting due to the fault of the customer (including delayed execution), the customer undertakes to pay penalty interest for each day of delay.

The parties resolve disputes arising during the execution of this painting contract through negotiations. The resulting painting contractually is necessarily fixed by an additional agreement of the parties or a protocol that, from the moment of signing, becomes an integral part of this painting contract. If in the opinion of one of the parties, it is impossible to resolve the dispute between the parties, it shall be resolved in court following the established procedure.

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