The building contract in an established practice in applying the law

This article is devoted to the issues arising in an established practice in applying the law in resolving cases occurring from building contracts resolved by arbitration courts. The building contract is now widely used by both legal persons and individual entrepreneurs and it is of particular interest, both in the formation of legal framework and in an established practice in apply- ing the law. Since the building contract has extensive rights and obligations of the contracting parties, already in the process of performance of obligations under the contract, there are many questions and issues that the contracting parties often cannot settle on their own, in connection with they are forced to apply in arbitration courts with statements of claim. In the article the author gives concept of the building contract and considers features, essential conditions of a building contract. The contributor gives examples from a court practice, paying particular attention to the present evidences, applied to the norms of the current legislation in the resolution of disputes, arising from building contracts (agreements), including entering into upon the terms and conditions contained in the Law “On the contract system in the procurement of goods, works, services for state and municipal needs” dated 05.04.2013. №44-FL. Having analyzed the building contract in detail, the article author comes to the conclusion that in an established practice in applying the law the evidences, presented by the contracting parties in the settlement of disputes arising from building contacts, must be evaluated by the court in aggregate, they must be assessed in the adopted court acts on a case; it is necessary to pay attention to the norms of the current legislation, which are used by the courts in resolving cases of this category.