Is it necessary to undergo an examination for major repairs? Examination of estimate documentation for major repairs

Major repairs are associated with significant costs associated with the need to purchase construction materials, provide financial compensation to hired specialists, and rent special equipment. In addition, in a number of cases, the customer is faced with an unscrupulous contractor who artificially inflates the cost of the work included in the estimate. Or it indicates the need to attract those specialists (units of equipment) without which it would be entirely possible to do. In such situations, in order to resolve the dispute between the parties, an assessment is made of the adequacy of the estimated cost of major repairs, on the basis of which it will be possible to draw appropriate conclusions. In addition, an expert opinion will be required during the trial.

Although some applicants claim that they order an examination of estimates even if they are completely confident in the integrity of the contractor - just for the sake of insurance.

Who can carry out an examination of the estimate for major repairs?

This type of work is carried out by both government agencies and private companies. In the event that a major renovation of the building is carried out using budgetary funds, then it will be necessary to involve only the state. experts. Provided that disagreements have arisen between private individuals, a conclusion issued by specialists from a company authorized to conduct such examinations will be sufficient. Moreover, to conduct an examination, a statement from one of the parties will be sufficient (an important point - now all documents are sent in electronic form and certified with an electronic enhanced signature).

The legislative framework, based on the provisions of which the adequacy of the estimated cost of major repairs is checked, is the Decree of the Government of the Russian Federation dated May 18, 2009 No. 427.

Documents that must be provided to make it possible to conduct an examination of the estimated cost of major repairs?

An application completed in accordance with established requirements. Submitted on the website of the expert organization;
Certificate of technical inspection of the facility (a document containing information about the condition of the premises at the time of the examination);
Statement of identified defects;
Information regarding the scope of work included in the estimate;
Direct assignment to carry out major repairs;
The assignment and results of engineering surveys.
Documentation for the project, signed by the responsible person.
In the event that the applicant is not the owner of the premises in which major repairs are being carried out, it is necessary to provide documents certifying his authority to represent the interests of the customer;

Is it possible to refuse to conduct an examination of the reliability of the estimated cost of major repairs?

In the cases listed below, the organization authorized to conduct an expert assessment of the estimated cost of major repairs (in the situation under consideration, the form of ownership does not matter) will not undertake the work:

In this case, only some other organization has the right to carry out an expert assessment of the estimate. For example, a facility where major repairs were carried out for budget money is located in one region of the Russian Federation, and the applicant submits documents to an office operating in another region. In addition, private companies are not authorized to examine estimates in cases where major repairs are financed by the state;
There is a discrepancy between the provided design documentation and the established standards. This also includes submitting estimates not in current prices;
Providing an incomplete package of documents provided for by the relevant legislative framework. The same is true with regard to the submission of documentation drawn up in violation of the provisions specified in paragraph 14 of the above-mentioned Regulations, namely:
- sent electronic documents are not signed by a person who has the appropriate legal authority (only an electronic enhanced signature is used);
- the format in which electronic documents are submitted does not meet the standards regulated by regulatory government agencies.

Analysis of the adequacy of the preparation of design estimates can only be carried out after drawing up a contract and payment for the services of the organization providing the expert solution. That is, first the availability of all necessary documentation is checked, and only then the organization gives consent to carry out this type of work. Although it should be noted that experts reserve the right to require additional information regarding the work being carried out.

An important point is that the expert decision is made within 30 working days (this is the maximum). In addition, if necessary, the deadlines can be extended for a similar period of time.

Expert opinion on the preparation of the estimated cost of major repairs with violations

A document in which experts indicate the fact that estimate documentation for major repairs has been completed with violations will be issued in the following cases:

During the examination, shortcomings were discovered, the elimination of which, by definition, is impossible during the verification process (in time, it cannot last more than 60 working days, and then only subject to an extension at the insistence of the customer). Or the applicant did not eliminate the identified violations within a certain period. An important point is that the applicant receives detailed information regarding all violations identified by experts to the specified email;
Some of the calculations indicated in the provided estimate documentation were carried out with violations. Most often they relate to non-compliance with the standards established in the federal register;
The documentation provided to the experts contains errors, one way or another related to the incorrect and/or unreasonable use of various consumables that were necessary during the overhaul. Or if their cost is frankly inflated (the same is true in the case of attracting specialists, without whose help it was possible to do).

conclusions

Checking the estimate documentation for the adequacy of its preparation is carried out only by organizations authorized to provide this type of service (they can be either private or public). Ordering an expert report is the only option to verify whether any violations have occurred. This is the only way to resolve disputes between the customer and the contractor.

Checking the reliability of the estimate for major repairs and obtaining the corresponding expert opinion is not yet a document on the basis of which (if any violations or inconsistencies are identified) one can demand compensation for material damage caused. In order to compensate for the losses incurred (to recover them from the violator of the contract), it is necessary to obtain a court decision. By the way, checking the accuracy of the estimate for major repairs of the facility (meaning payment for the work of experts) can also be recovered in court.

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

If the overhaul of a capital construction project is carried out with the involvement of funding from the budgets of the budget system of the Russian Federation, funds from legal entities created by the Russian Federation, constituent entities of the Russian Federation, municipalities, legal entities, the share of the Russian Federation, constituent entities of the Russian Federation, municipalities in the statutory (share) capital of which is more than 50 percent, then it is necessary to carry out a verification of the reliability (examination) of determining the estimated cost of major repairs of a capital construction project.

The procedure for checking the reliability of determining the estimated cost of capital repairs of capital construction projects is established by Decree of the Government of the Russian Federation dated May 18, 2009 No. 427.

How to calculate NMCC using the design and estimate method

construction, reconstruction, major repairs of a capital construction project;
work to preserve cultural heritage sites - historical and cultural monuments.

At the same time, the design and estimate method does not apply to services for scientific and methodological guidance, technical and architectural supervision. This rule is established in Part 9 of Article 22 of Law No. 44-FZ of April 5, 2013 (hereinafter referred to as Law No. 44-FZ).

In addition, you have the right to use the design and estimate method when entering into a contract for the ongoing repair of buildings, structures, premises and structures (including roads). But it is impossible to calculate the NMCC for design and estimate work or engineering surveys using this method (Part 9.1, Article 22 of Law No. 44-FZ).

When calculating the NMCC using the design and estimate method, follow Section VI of the Methodological Recommendations approved by Order of the Ministry of Economic Development of Russia dated October 2, 2013 No. 567 (hereinafter referred to as the Methodological Recommendations).

How to use the design and estimate method

When calculating the NMCC, take as a basis the design documentation, which includes the estimated cost of the work. Determine the estimated cost using the MDS 81-35.2004 methodology, approved by Decree of the State Construction Committee of Russia dated March 5, 2004 No. 15/1. Use construction standards, restoration standards and rules of federal and regional government agencies.

If you are paying for construction, reconstruction or technical re-equipment from the federal budget, conduct a state examination of the documentation and check whether the estimated cost is reliable. In this case, use the norms of the Decree of the Government of the Russian Federation of May 18, 2009 No. 427. This is stated in paragraph 6.2 of the Methodological Recommendations.

Decree of the Government of the Russian Federation of May 18, 2009 No. 427

Part 1. These Regulations regulate the procedure for verifying the reliability of determining the estimated cost of construction, reconstruction, technical re-equipment (if such re-equipment is associated with the construction or reconstruction of a capital construction project) and major repairs of capital construction projects, the financing of which is planned to be financed in whole or in part from budget funds budget system of the Russian Federation, funds of legal entities created by the Russian Federation, constituent entities of the Russian Federation, municipalities, legal entities, the share of the Russian Federation, constituent entities of the Russian Federation, municipalities in the authorized (share) capitals of which is more than 50 percent (hereinafter referred to as verification of the estimated cost , construction).

Part 4. Organizations for conducting an audit of the estimated cost in relation to capital construction projects of state property of the constituent entities of the Russian Federation or municipal property, in relation to capital construction projects not related to the state property of the constituent entities of the Russian Federation or municipal property and partial financing of capital repairs of which is planned to be carried out at the expense of funds from the budgets of the constituent entities of the Russian Federation and (or) local budgets without attracting funds from the federal budget, as well as in relation to capital construction projects whose capital repairs are financed with the involvement of funds from legal entities created by the constituent entities of the Russian Federation, municipalities, legal entities, the share of the constituent entities of the Russian Federation, of municipalities in the authorized (share) capital of which is more than 50 percent, are the executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to these authorities authorized to conduct state examination of design documentation and engineering survey results

Part 8.2. To verify the estimated cost of capital repairs of capital construction projects, the following must be submitted:

a) act of technical inspection of a capital construction project (a document containing information on the results of the inspection of a capital construction project, the technical condition of building structures and engineering equipment of such a facility and a quantitative assessment of the actual quality indicators of building structures and engineering equipment as of the date of inspection, to determine the composition, volumes and timing of work on major repairs of a capital construction project);

b) defect statement (a primary accounting document prepared in accordance with the requirements of the legislation of the Russian Federation on accounting based on the results of an inspection of the technical condition of a capital construction project and containing a list of defects in building structures and engineering equipment of a capital construction project indicating the qualitative and quantitative characteristics of such defects);

c) the documents specified in paragraph 8 of these Regulations, in cases where the preparation of project documentation is mandatory or such documentation was developed at the initiative of the developer;

d) documents specified in subparagraphs "a", "b_1", "g" - "i" of paragraph 8 of these Regulations, as well as a consolidated estimate of the cost of major repairs, agreed upon by the head of the main manager of federal budget funds in relation to federal property, the main manager of budget funds of a constituent entity of the Russian Federation in relation to state property of constituent entities of the Russian Federation, chief manager of local budget funds in relation to municipal property, head of a legal entity created by the Russian Federation, constituent entity of the Russian Federation, municipal formation, legal entity, share of the Russian Federation, constituent entity of the Russian Federation Federation, a municipal entity in the authorized (share) capital of which is more than 50 percent, in relation to the objects of such a legal entity, the overhaul of which is carried out without attracting funds from the budgets of the budgetary system of the Russian Federation, or by the head of a legal entity that is not a state or municipal institution, state or a municipal unitary enterprise, in relation to objects of such a legal entity, the overhaul of which is financed using funds from the budgets of the budgetary system of the Russian Federation, in cases where the preparation of project documentation is not required and such documentation was not developed at the initiative of the developer.

Part 18. The subject of verification of the estimated cost is the study and assessment of the calculations contained in the estimate documentation in order to establish their compliance with estimate standards (including estimate standards that determine the need for financial resources necessary to create a unit of capacity of construction products (hereinafter referred to as enlarged standards construction prices), included in the federal register of estimate standards, physical volumes of work, constructive, organizational, technological and other solutions provided for in the design documentation.

"CNSE Eugene" conducts an independent examination of estimates in a short time. We will determine whether the documentation is completed correctly and the prices indicated therein are reasonable.

Drawing up construction estimates is a complex process that requires not only special knowledge, awareness of market conditions and extensive experience, but also care. Often one incorrectly defined coefficient will lead to errors throughout the entire document. A person without special knowledge is not able to find it, so he, without knowing it, overpays for the services provided. Companies can make mistakes unknowingly, simply due to negligence or lack of internal documentation checks.

An independent assessment of the estimate will help you avoid unnecessary costs. It is comparable to insurance - you pay to avoid large losses, the probability of which is quite high.

The estimate documentation is the basis for the invoice issued to the customer. It is required in any work related to construction activities. Thus, examination of estimates for current repairs is in great demand. Work is often ordered from unverified companies and individuals. Their design documentation must be double-checked.

For what purpose is an independent examination of estimates carried out?

Estimate documentation is always drawn up in great detail. This is done so that the contractor does not try to save money by independently selecting materials and determining the timing of work. That is why estimates for large-scale projects can be very voluminous. Along with the number of papers, the number of errors increases. To identify them, an examination of the construction estimate is carried out. First of all, the investor is interested in it. After all, he invests his own money and expects some profit.

Independent examination of estimate documentation acquires great importance when conducting tenders and competitions. In this case, you need to understand that all contractors want to please the potential customer. To win the competition, they may resort to artificially lowering the final price. To do this, separate lines with the cost of materials and work are excluded from the documents. Subsequently, they return, and the price increases several times. This can be avoided by ordering an examination of the estimate for current repairs or construction.

Here are some common errors and falsifications that an independent examination of estimate documentation reveals:

incorrect choice of analogues during comparative analysis of objects;
incorrect calculation of direct and indirect costs;
deliberate increase in terms of service provision;
using prices from various standards (such mistakes are most often made intentionally, in order to select prices that are “convenient” for the contractor);
specialists often identify unjustified increases in the cost of work, units, construction materials, and indirect costs (transportation, loading/unloading, etc.).

How is an independent examination of estimates carried out?

Examination of construction estimates can be state and non-state. Their conclusions have equal legal force. The first is mandatory for objects that are financed from the budget. In other cases, it is possible to conduct a non-state examination of estimates for current repairs or construction. It can also be carried out before passing the state inspection to avoid returning for revision and long waits. Its main advantage is the minimum time required.

Specialists who carry out independent examination of estimate documentation can work in the following areas:

check the correctness of the use of coefficients and prices. For this, regulatory frameworks such as FER, TER, TSN, SBC and others can be taken into account. With their help, it becomes clear how correctly the prices, coefficients and indices regulated by government bodies and established by the professional community are used in calculations;
check the compliance of the indicated prices with market realities. In this case, analogues are selected. Their prices are compared with the values specified in the documentation. After this, a conclusion is given on how the contract prices correspond to market prices.

The examination of estimates is carried out in the following order:

checking all documentation for errors;
analysis of the correctness of prices indicated in documents;
checking the correct application of coefficients and formulas (in addition, our experts determine which of the used coefficients or formulas are outdated or have more accurate analogues);
checking the condition of the construction site (if the work has already been carried out);
determining the accuracy of the specified scope of work;
providing the client with a certificate of examination of the construction estimate indicating the identified errors, inaccuracies and inconsistencies with reality.

Advantages of ordering an examination of construction estimates from us

Contacting our company has the following advantages for the client:

We do not leave any mistake unnoticed. If there are inaccuracies in documents that are not technically errors, we will report them privately. For example, it happens that two formulas are allowed to be used, but one of them is more suitable for a particular situation;
Individual approach to every customer;
providing opinions that have legal force. The act will become documentary evidence of your innocence in the event of litigation;
the opportunity to order a construction estimate from us. We will draw up a document in the prices chosen by the client: TER-2001, MTSN-2001, FER-2001, GESN-2001, at average market prices;
high speed of examination - from 3 days.

Why is an independent examination necessary?

An expert assessment is necessary if it is necessary to establish the causes of damage to an object, assess the quality of construction and repair work, and justify the costs of construction, reconstruction or renovation of real estate. An independent examination of estimates and design documentation is also carried out. Specialists are invited to assess the technical condition of the building in order to determine the list of further work.

Do courts accept results from non-governmental experts?

Yes, however, in each specific case, the court gives recommendations and formulations on the need to provide an expert opinion. Visual and partial inspections are carried out by any bureau; an organization with the appropriate instrumental base is allowed to inspect the load-bearing structures of objects. Pre-trial expert assessments and forensic examinations can be prepared by specialists with specialized education and many years of work experience.

Checking (analysis) of estimate documentation	from 0.3% of the estimated cost, but not less than 10,000 rubles.	Order
Protection (coordination) of the estimate downwards	from 15,000 rub.	Order
Examination of design documentation	from 30,000 rub.	Order
Development of project documentation	negotiable	Order

Examination of estimates is a procedure aimed at checking this documentation and recalculating the included data. During the process, you can get a lot of important information that will be useful to you in the future.

Why is the examination of construction design and estimate documentation carried out?

This type of procedure has several goals:

Assess the correctness of its preparation.
Eliminate errors during compilation.
Timely detect overstatements that are unacceptable.
Eliminate the possibility of their influence on the construction or repair process.
Optimize costs, reduce some parameters that are unreasonably set above the standard.
Providing follow-up control over the company that will be directly involved in the execution of the work.
It is necessary to compare estimates with actual results.
It was necessary to check the correctness of the coefficients and overall estimates.

These are just a few of the tasks that are posed to specialists when examining construction estimates. The procedure is not as simple as it initially seems. It is necessary to involve professionals with experience who can evaluate all the parameters and conduct a thorough check.

Cost of examination of estimate documentation

What are the main advantages of examining projects and estimates?

Many organizations tend to overestimate the volume of work and materials when preparing estimates. This is necessary to allocate a larger budget for construction work and increase real profits.

As a result, the contractor receives unreasonable income, and the customer suffers additional losses.

To exclude such a situation, estimates of project documentation are carried out. It allows:

Find overstatements in a timely manner.

Perform recalculation.

Enter reasonable ratios and volumes.

Reduce customer costs.

Provide follow-up.

Our company provides services for the examination of design estimates in Moscow and the Moscow region, as well as in many regions of Russia.

To conduct an examination of the estimate, call +7 495 771-58-31,
write info@site

Only through careful inspection and control can we ensure high quality work and optimal cost. When professionals are involved in the process, the contractor has no opportunity to subsequently deceive the client. It is possible to significantly reduce additional costs.

How is the assessment of estimates for major repairs and construction carried out?

The procedure is carried out according to a simple algorithm:

Initially, the customer selects a company. It is important to approach this stage responsibly and take into account a number of important factors.
Subsequently, he contacts the organization and submits an application.
Employees are ready carry out an examination of the estimate and accept documents.
The immediate procedure is carried out.
Specialists check all parameters, recalculate, compare with standards.
All errors and overstatements are identified.
Professionals can adjust estimate documents in accordance with the rules.
You will be able to receive documents with objective results.

The actual procedure takes a relatively short amount of time. Very soon you will be able to obtain all the data for further use. This will be especially important if deadlines are limited.

Conducting an examination of construction estimates - how to choose a company?

There are a huge number of companies operating on the market now. Their list is constantly growing, so it is not so easy to make the right decision. What parameters should you pay attention to:

Experience in checking estimate documentation.

The staff must have specialists who have the relevant knowledge.

The more relevant employees there are in a company, the better. You will no longer have to wait for specialists to begin the order and complete it, saving time.

Customers' opinions, reviews of cooperation with the organization. You can find out about possible problems in advance.

For what type of expenses is it necessary to pay for work on state expertise (checking the reliability of determining the estimated cost) of documentation (estimates, design work drawn up for major repairs of real estate)? Does the application of the CVR of expenses depend on the wording of the subject of the contract (for example, CVR 244 “State examination of the reliability of determining the estimated cost”, CVR 243 “State examination of the reliability of determining the estimated cost for the purpose of carrying out major repairs of an object”)?

Having considered the issue, we came to the following conclusion:
The costs of checking the reliability of determining the estimated cost of a capital construction project according to design documentation can be reflected using the element of types of expenses 243 “Purchase of goods, works, services for the purpose of major repairs of state (municipal) property.”
The main criterion for the purpose of attributing expenses to a specific expense item is their purposefulness, which should be reflected in the subject and content of the concluded agreement (contract).

Rationale for the conclusion:
According to the Instructions approved by the Ministry of Finance of Russia dated July 1, 2013 N 65n (hereinafter referred to as Instructions N 65n), the assignment of expenses to a particular budget classification code should be carried out, first of all, based on the economic content of the business transaction determined by the subject of the contract (agreement). The list and rules for applying expense type codes for all public sector institutions are the same and are given in paragraphs. 5.1.2 clause 5.1 of section III of Instructions No. 65n.
The concept of “estimated cost of construction” is defined in the Town Planning Code of the Russian Federation (hereinafter referred to as the RF Civil Code). The estimated cost of construction, reconstruction, and major repairs of capital construction projects is the amount of money required to carry out construction in accordance with design materials. The estimated cost is the basis for determining the size of capital investments, financing construction, forming contract prices for construction products, paying for completed contract (construction and installation, repair and construction, etc.) work, paying the costs of purchasing equipment and delivering it to construction sites, and also reimbursement of other costs from the funds provided for in the consolidated estimate.
In accordance with the Civil Code of the Russian Federation, the estimate is part of the design documentation. Moreover, based on the amendments made to the Russian Federation dated July 3, 2016 N 369-FZ, the estimate is a mandatory section of the project documentation if the financing of the work is carried out using funds from the budgets of the budget system of the Russian Federation.
At the same time, the norms of the Government of the Russian Federation dated May 18, 2009 N 427 “On the procedure for checking the reliability of determining the estimated cost of capital construction projects, the construction of which is financed with funds from the federal budget” establishes the obligation to check the reliability of determining the estimated cost in cases where major repairs of the facility are planned to be carried out fully or partially at the expense of the federal budget.
In turn, design documentation is part of the mandatory documents for obtaining permission for construction, reconstruction, and major repairs of a facility (GrK RF). It is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional-technological, structural and engineering solutions to ensure the construction, reconstruction of capital construction projects, their parts, major repairs (GrK RF). In other words, design and estimate documentation is inextricably linked with the process of major repairs.
In accordance with the norms of Instructions No. 65n using the element of types of expenses 243 “Purchase of goods, works, services for the purpose of major repairs of state (municipal) property”, expenses of the budgets of the budget system of the Russian Federation for the purchase of goods, works, services to meet state (municipal) needs are reflected , as well as expenses of state (municipal) institutions for major repairs. Providing clarifications on the issues of classifying work as major repairs (in terms of repairs of real estate) falls within the competence of the Ministry of Construction of Russia, which is assigned the functions of legal regulation in the field of construction, architecture, and urban planning (see paragraphs 5.4.65, 6.2 of the Regulations on the Ministry of Construction and Housing and Communal Services of the Russian Federation, approved by the Government of the Russian Federation dated November 18, 2013 N 1038).
In order to avoid disagreements with regulatory authorities, even at the stage of making a decision on concluding an agreement (contract) to pay for construction work, it is necessary to correctly qualify them in order to justify the application of one or another type of expense.
The costs of checking the reliability of the estimated cost of construction, reconstruction, and major repairs of capital construction projects are an integral part of the costs of major repairs, since they are mandatory by virtue of current legislation. Therefore, based on the purpose, such expenses can be reflected according to expense type code 243 “Purchase of goods, works, services for the purpose of major repairs of state (municipal) property.”
In turn, element 244 “Other procurement of goods, works and services” reflects the expenses of budgets and institutions for the purchase of goods, works, services that are not classified according to Instructions No. 65n as other elements of types of expenses. Accordingly, work that cannot be classified as a major overhaul (reconstruction) is reflected using expense type code 244 “Other purchase of goods, works and services” as expenses for current repairs.
Let us note that the judicial authorities adhere to a similar point of view regarding the situation under consideration (see, for example, the Arbitration Court of the West Siberian District dated September 24, 2015 N F04-23315/15 in case N A67-7469/2014, the ruling of the Supreme Court of the Russian Federation dated January 18. 2016 N 304-KG15-17603).
Taking into account the above, we can conclude that the main criterion for determining expenses when assigned to a specific expense item is their focus. At the same time, the content of the agreement (contract) must correspond to the purpose and subject of the agreement (contract) being concluded; there should be no discrepancies in the economic sense. Ambiguous interpretation of this document may cause claims from inspectors.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Emelyanova Olga

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Sukhoverkhova Antonina

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.