Parties to a contract for the purchase of current repairs: how to name them correctly

A purchase agreement is an agreement concluded between the customer and the participant following the results of the procurement procedure. Such an agreement provides for the provision of services, performance of work or supply of goods for a fee.

Contractor or contractor: what is the difference

The concept of "contractor" is quite broad - any person who performs a certain task can be called a contractor. On the other hand, a "contractor" is an entity that performs work on the basis of a contract.

In practice, the issues of correct execution of the contract and determination of the parties are especially relevant when participating in tenders for construction works, where the subject of the procurement may be formally defined as a service, but in fact provide for the performance of work with a material result.

The Civil Code of Ukraine clearly distinguishes these terms:

• “contractor” is used in relations regarding the performance of work (Article 837 of the Civil Code);
• “executor” is used for contracts for the provision of services (Article 901 of the Civil Code) or the performance of scientific and research works (Article 892 of the Civil Code).

  At the same time, in practice these concepts may overlap - it all depends on what kind of contract is concluded and what the content of the legal relationship between the parties is.

  Legal nature of current repairs

  The Law of Ukraine "On Public Procurement" refers current repairs to services. However, other regulatory acts interpret it differently. Thus, according to Order No. 154, current repairs are considered a set of works aimed at eliminating deformations and maintaining the object in proper operational condition.

  The letter of the State Construction Agency No. 7/7-401 dated April 30, 2003 directly states that current repairs are a system of repair and construction works, the result of which has a material, tangible form.

  A similar position was taken by the Supreme Court. In case No. 923/1067/19, the court emphasized: the key difference between work and service lies in the result. Work has a material result, while a service is consumed in the process of its provision. That is why the contract for the purchase of current repairs is essentially a contract, even though the Law formally refers it to services.

  In addition, in case No. 910/1801/21, the Supreme Court emphasized: what is decisive is not the name of the contract, but the real content of the rights and obligations of the parties.

  How to name the parties in a contract

  The names of the parties in the contract — “Customer”, “Contractor” or “Contractor” — do not affect its legal nature. They are used solely for convenience and identification of the parties in the text of the document. Any clear and logical designations are allowed.

  Conclusion

  In a contract for the purchase of services for current repairs, the winner of the procedure can be quite correctly called both the "Contractor" and the "Contractor". Given that the concept of "Contractor" is broader and includes the contractor, its use is considered more universal and practical.