Contrato por empreitada, aspectos importantes

About this video

• Video Title: Contrato por empreitada, aspectos importantes
• Channel: Tecgest Soluções Empresariais
• Speakers: Ricardo Marchi
• Duration: 45:18

Overview

This video provides a comprehensive explanation of the contract of empreitada (contracting out work) under Brazilian civil law. It defines the contract, distinguishes it from service contracts, and details its various classifications, including consensual vs. formal, bilateral, commutative, onerous, and execution types. The video also explores key aspects such as the responsibilities regarding materials and labor, payment methods, and specific legal provisions for alterations, suspension, and warranty periods.

Key takeaways

• Definition and Distinction: An empreitada contract is an agreement where an "empreiteiro" (contractor) undertakes to execute a specific work for a "dono da obra" (client) in exchange for remuneration. It differs from a service contract in its specificity and focus on completing a defined "obra" (work/project).
• Contract Classifications: The contract is typically classified as typical, bilateral, commutative, onerous, consensual, informal, and of future execution (which can be deferred or successive).
• Material and Labor Responsibility: The responsibility for materials and associated risks can fall on the contractor or client depending on whether it's a "lavor" (labor-only) or "materials" (mixed) empreitada.
• Payment Methods: Empreitada can be structured as "preço fixo" (fixed price), where payment is made once, or "preço escalonado" (staggered price, also known as per task or measurement), with payments tied to progress.
• Project Alterations: Modifications or additions to the project generally require written agreement to entitle the contractor to additional remuneration, though exceptions exist if the client was aware and did not object.
• Suspension and Termination: Both parties can suspend work under certain conditions, with specific legal consequences regarding compensation and potential contract termination.
• Warranty: For significant constructions, contractors are liable for the safety and solidity of the work for five years, with a 180-day period for the client to report issues after discovery.