Article 118. Rights and obligations of the contractor (general contractor) of the Construction Code of the Republic of Kazakhstan

Home / Codes / Article 118. Rights and obligations of the contractor (general contractor) of the Construction Code of the Republic of Kazakhstan

1. The contractor (general contractor) has the right to:

1) require the customer to provide the necessary conditions for the performance of work within the framework of the concluded construction contract;

2) require the customer to provide the construction site with all necessary permits provided for by the legislation of the Republic of Kazakhstan;

3) to demand the termination of the construction contract in case of non-fulfillment by the customer within two months of the requirements established by subitems 1) and 2) of this paragraph.;

4) demand the termination of the construction contract in case of lack of financing within six months or non-compliance of financing with the schedule for financing construction and installation works as part of the construction project (design estimates) for a construction period of more than one year;

5) to demand compensation for damages (direct costs incurred) in case of unjustified withdrawal and cancellation of expert opinions, source materials;

6) to demand compensation from the customer for the losses caused, including additional costs caused by downtime or postponement of deadlines for the performance of contract work, or an increase in the cost of contract work;

7) cancel the construction contract and demand compensation for damages caused by its termination in cases of unsuitability or poor quality of materials, equipment, technical documentation provided by the customer, possible adverse consequences for the customer of following his instructions on the method of performing the contract work, as well as other circumstances beyond the control of the contractor (general contractor) that threaten durability or durability the results of the performed contract work or create the impossibility of its completion on time;

8) require the customer to pay him an advance or a deposit in the cases and in the amount specified in the laws of the Republic of Kazakhstan or the construction contract;

9) to refuse to perform additional contract work in cases where they are not within the scope of the professional activity of the contractor (general contractor) or cannot be performed by the contractor (general contractor) for reasons beyond his control.;

10) require the customer to revise the estimate if, for reasons beyond his control, the cost of contract work has exceeded the estimate by at least ten percent.;

11) require the customer to reimburse reasonable expenses incurred by him in connection with the establishment and elimination of defects in the design and estimate documentation, except in cases when such documentation was compiled by order of the contractor (general contractor);

12) cancel the construction contract and require the customer to pay the contract price in proportion to the completed part of the contract work, as well as compensation for losses not covered by this amount, in cases where it is found impossible to use the materials (parts, structures) or equipment provided by the customer without compromising the quality of the contract work performed and the customer fails to fulfill the contractor's requirements within a reasonable period (general contractor) about their replacement;

13) exercise other rights in accordance with the laws of the Republic of Kazakhstan.

2. The contractor (general contractor) is obliged to:

1) carry out contract work in accordance with the approved design and estimate documentation submitted by the customer and the requirements of the legislation of the Republic of Kazakhstan;

2) to carry out all types and forms of own production quality control of construction (entrance, operational, intermediate, acceptance, laboratory, geodetic and others);

3) ensure proper and timely documentation management;

4) timely eliminate deficiencies (defects and imperfections) identified during the construction process;

5) to carry out laboratory quality control of performed (completed) contract works and applied building materials, products and structures at the request of the state architectural and construction control and supervision bodies;

6) provide access to the construction site for persons performing technical supervision and author support or engineering services for project management;

7) provide access to the construction site for officials carrying out state architectural and construction control and supervision over the activities of persons carrying out technical supervision and author support, or an accredited legal entity providing engineering services for project management;

8) submit to the state body carrying out state architectural and construction control and supervision, for review, design and executive technical documentation or other documents on the construction site;

9) comply with the instructions of the state body carrying out state architectural and construction control and supervision, instructions of persons carrying out technical supervision and author support, or an accredited legal entity providing engineering services for project management;

10) to prevent obstacles and interference in the work of the state body carrying out state architectural and construction control and supervision;

11) perform other duties stipulated by the laws of the Republic of Kazakhstan.

The Code of the Republic of Kazakhstan dated January 9, 2026 No. 253-VIII SAM

This Code regulates public relations related to the implementation of architectural, urban planning and construction activities in the Republic of Kazakhstan, the formation of a full-fledged habitat and human activity, planning and development of settlements, interuniverse territories, ensuring the safety of construction sites at all stages of their life cycle.

President

Republic of Kazakhstan

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