Cases / Commercieel & contracten
Commercieel & contracten

Het contract laten lopen via de építtetői fedezetkezelő

Bepaal of het bouwescrow van toepassing is voordat het contract wordt getekend, registreer het contract en de dekking ervan bij de fedezetkezelő, claim elke periode tegen een ondertekende teljesítésigazolás, verklaar wat aan uw onderaannemers verschuldigd is voordat uw eigen geld wordt vrijgegeven, en sluit de rekening bij de eindafrekening.

7 stappen15 minHoofdaannemerGespecialiseerde onderaannemerOntwikkelaar / opdrachtgeverKostenadvies- / QS-bureau

Zo werkt het, stap voor stap

7 stappen door het platform - wat je bij elke stap doet en waarom het ertoe doet.

1

Settle whether the escrow applies before you sign

Contracten

Test the contract against the decree rather than against what the last job did: whether the work is procured under the public procurement act, what the contract value is, and which of those triggers the escrow. Record who the fedezetkezelo will be, the state treasury on a public works contract or a financial institution otherwise, and write the arrangement into the contract instead of bolting it on afterwards.

Waarom: Both the value that triggers the escrow and the range of contracts it covers have moved over the years, so a rule remembered from a previous job is the wrong instrument to answer this with. Discovering the obligation after signature means renegotiating the payment mechanism with a contractor who has already priced a different one, and the price of that renegotiation is always the client's.

InvoerDraft contractContract value and routeResultaatEscrow applies or does notFedezetkezelo identified
2

Register the contract and deposit the cover

Financieel

Register the contract with the fedezetkezelo, open the escrow account and place in it the consideration together with the performance security the contract calls for. Record the payment schedule the same way both parties will claim against it, and link the arrangement to the e-epitesi naplo the work will be recorded in.

Waarom: The escrow exists so that the money is demonstrably there before the work starts, which is what a subcontractor is really relying on when it mobilises. A schedule registered differently from the one the site works to produces a claim the escrow manager cannot match to anything, and the release stops while two spreadsheets are reconciled.

InvoerSigned contractCover to be depositedResultaatEscrow account openPayment schedule registered
3

Measure the period against the contract koltsegvetes

Raming

Value the period tetel by tetel against the koltsegvetes the contract carries, keeping the anyag and the dij apart as the bill keeps them, and set the cumulative figure against the registered payment schedule so the two are read together rather than reconciled later.

Waarom: The escrow releases against a certified amount, and the certificate is only as quick to obtain as the measurement behind it is easy to check. A valuation that departs from the contract's own line structure forces the muszaki ellenor to rebuild it before signing anything, and every day of that is a day the money is not moving.

InvoerContract koltsegvetesWork done in the periodResultaatPeriod valuationCumulative against the schedule
4

Claim only against a signed performance certificate

Betalingen

Get the teljesitesigazolas signed for the measured period first, then raise the szamla for exactly that amount and lodge the release request with the fedezetkezelo, quoting the certificate. Where the certificate is refused or left unanswered, record the refusal and its date rather than invoicing anyway.

Waarom: The escrow manager checks the request against the certificate, so an invoice raised without one has nothing to be matched to and is simply held. Recording a refusal with its date is what preserves the route to have the performance certified by an expert body instead of leaving the contractor arguing about an invoice nobody ever accepted.

InvoerPeriod valuationSigned teljesitesigazolasResultaatRelease request lodgedSzamla against the certificate
5

Declare what the subcontractors are owed before you are paid

Onderaannemers-register

Keep the register of subcontractors and their certified amounts current, and file the declaration the fedezetkezelo requires with each release request, showing what each one is owed for the period and what has been settled. Reconcile it against their own certificates rather than against your ledger alone.

Waarom: This declaration is the whole point of the mechanism: the main contractor's money is released on the condition that the chain below it is being paid, so one omitted subcontractor holds the entire release and not just their share. Reconciling to their certificates also catches the case where a subcontractor believes it has been certified for more than you recorded, which is far cheaper to find now than at the final settlement.

InvoerSubcontract registerAmounts owed belowResultaatSubcontractor declarationRelease cleared
6

Let the statutory payment days run from the certificate

Betalingsklok

Put the contract on the Hungarian payment regime and count from the event the law counts from, the performance being certified, not the day the invoice was posted. Record the shorter run that applies to a public client and the longer one a business client may agree, and let the module compute the due date and the interest that follows it.

Waarom: A term agreed beyond what the law allows is not enforceable simply because both parties signed it, and the interest on late payment runs at a statutory rate rather than a negotiated one. A due date computed from the certificate turns slow payment into a claim with a number, which is the only version of that conversation that ends.

InvoerSigned teljesitesigazolasPayment termsResultaatPayment due dateLate payment interest
7

Close the account at the final settlement

Oplevering & afronding

Take the works over with the outstanding items listed, settle the final account against the cumulative certificates, release or convert the performance security according to what the contract says the guarantee period needs, and ask the fedezetkezelo to close the account with a statement of everything paid in and out.

Waarom: An escrow account left open after handover keeps money immobilised that both sides have use for, and it drifts out of anybody's ownership once the project team disperses. The closing statement is also the single document that proves the chain was paid, which is what answers a subcontractor's claim arriving after everyone involved has moved on.

InvoerHandover recordBalance in the accountResultaatFinal settlementEscrow account closed
Modules

Modules in dit playbook

6 / 190 platformmodules

The market this case is written for

Hongarije

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • Kbt.
  • TSZSZ

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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