Nedoshovenko A. Conclusion, change and termination of construction contract.

Thesis reveals construction contract’s essence, meaning and composition of its preconditions, procedure and methods for concluding the aforementioned contract, as well as legal grounds, conditions and consequences of construction contract’s amendments and termination. It was suggested to define the preconditions of construction contract’s conclusion as organizational and property legal conditions, that are conducive or necessary for the conclusion or further execution of the contract. The suggested classification of the preconditions for concluding a construction contract according to the criterion of their binding nature is of great practical importance. As a result of a research, the relationship between methods and procedure for concluding a construction contract was revealed, and it was emphasized that the procedure for concluding a contract may also be determined in pre-contractual transactions between potential contractors, such as a framework agreement. Based on the comparison of foreign and domestic legislation on licensing of certain types of economic activity, the author concluded that the absence of a contractor's license at the time of the construction contract’s conclusion cannot be an unambiguous basis for invalidation of the contract. At the same time, according to the legislation of Ukraine, the possibility of performing works under a contract is subjected to licensing, which does not coincide with the right of a certain person to act as a contractor under a сonstruction contract.