Demonstration text of construction project contract (2)

In the performance of the contract, the contractor’s contractor’s written agreement or file related to the project is deemed to be an integral part of this contract.

2.2 When the contents of the contract file are ambiguous or inconsistent, the contractor shall negotiate to resolve it without affecting the normal operation of the project. Both parties may also ask the engineer in charge of the supervision to explain. The two sides did not agree or disagree with the engineer responsible for supervision to explain. In the event that the parties do not agree or disagree with the interpretation of the engineer responsible for supervision, they shall be dealt with in accordance with Article 37 of the General Terms and Conditions.

3, language and applicable laws, standards and norms 3.1 language text

This contract file is written, explained and explained in Chinese language. If the special terms stipulate that more than two languages ​​are used, Chinese shall be the standard language for interpreting and explaining the contract.

In minority areas, the two sides may agree to write and explain and explain this contract in minority languages.

3.2 Applicable laws and regulations

This contract file applies to national laws and administrative regulations. The necessary laws and administrative regulations shall be stipulated by both parties in the special terms.

3.3 Applicable standards and specifications

The two parties agree on the applicable national standards and norms in the special terms; if there are no national standards or norms but have industry standards and norms, the names of the applicable industry standards and norms shall be agreed; if there are no national or industry standards or norms, the place where the project is applicable shall be agreed. The name of the standard and specification. The Employer shall provide the Contractor with two agreed standards and specifications at the time agreed upon in the special terms.

If there is no corresponding standard or standard in China, the contractor shall submit the construction technical requirements to the contractor according to the time specified by the special contractor. The contractor shall submit the construction technology according to the agreed time and requirements, and shall be executed after being approved by the contractor. If the contractor requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations.

The costs of purchases, translation standards, specifications or construction procedures incurred in this Article shall be borne by the Employer.

4, drawings

4.1 The Employer shall provide the Contractor with drawings in accordance with the date and number of sets agreed upon in the Special Terms. If the contractor needs to increase the number of drawings, the contractor shall copy it on his behalf, and the copying fee shall be borne by the contractor. If the contractor has a confidentiality requirement for the project, the confidentiality requirement shall be filed in the special clause. The cost of the confidentiality measure shall be borne by the contractor, and the contractor shall perform the confidentiality obligation within the agreed time limit.

4.2 The contractor shall not transfer the project drawings to a third party without the consent of the contractor. After the expiration of the project quality warranty, all drawings shall be returned to the Employer, except for the drawings required by the Contractor for archiving.

4.3 The Contractor shall keep a complete set of drawings at the construction site for use by engineers and relevant personnel for engineering inspections.

2. General rights and obligations of both parties

5, engineer

5.1 If the project supervision is implemented, the contractor shall notify the contractor in writing of the name of the entrusted supervision unit, the supervision content and the supervision permission before the implementation of the supervision.

5.2 The chief engineer appointed by the supervising unit shall be the engineer in this contract. The name, position and authority shall be stated by the contractor of the contractor in the special terms. The engineer shall exercise his functions and powers according to the contract. The contractor shall require the engineer to obtain the approval of the contractor before exercising certain functions and powers in the special clause. The engineer shall obtain the approval of the contractor.

5.3 The representative of the contractor who is stationed at the construction site to perform the contract is also referred to as the engineer in this contract. The name, position and authority of the contractor shall be stated by the contractor in the special terms, but the authority shall not cross the authority of the chief engineer appointed by the supervisory unit. When the powers of both parties are crossed or unclear, the contractor shall make it clear and notify the contractor in writing.

5.4 In the performance of the contract, when an event affecting the rights or obligations of the contractor's contractor occurs, the engineer in charge of the supervision shall handle it objectively and impartially within the scope of his or her authority in accordance with the contract. If one party disagrees with the handling of the engineer, it shall be dealt with in accordance with Article 37 of the General Terms and Conditions.

5.5 Except that there is a clear agreement in the contract or the consent of the contractor, the engineer in charge of supervision shall not be entitled to terminate any rights and obligations of the contractor as agreed in this contract.

5.6 If the project supervision is not implemented, the engineer in this contract refers to the representative of the contractor who is stationed at the construction site to perform the contract. The specific authority is stated by the contractor in the special terms.

6. Appointment and instructions of the engineer

6.1 An engineer may delegate an engineer's representative to exercise his or her own authority as agreed in the contract and may withdraw the assignment if deemed necessary. The contractor shall be notified in writing 7 days in advance of the appointment and withdrawal, and the engineer in charge of the supervision shall also notify the contractor of the appointment and withdrawal. The appointment letter and the withdrawal notice are attached files of this contract.

Any written letter from the Engineer's representative to the Contractor within the authority of the Engineer shall have the same effect as the letter issued by the Engineer. If the Contractor has any doubts about any written letter sent to it by the Engineer's representative, the letter may be submitted to the Engineer and the Engineer shall confirm it. When an engineer's instruction makes a mistake, the engineer should correct it.

Except for the engineer or engineer representative, the other personnel assigned to the site by the Employer are not entitled to issue any order to the Contractor.

6.2 After the engineer's instructions and notices are signed by the person, they shall be handed over to the project manager in writing. The project manager will take effect after signing the name and receipt time on the receipt. If necessary, the engineer may issue a verbal instruction and give written confirmation within 48 hours, and the contractor’s instructions to the engineer shall be executed. If the engineer fails to give written confirmation in time, the contractor shall submit a written confirmation request within 7 days after the engineer issues the export instruction. If the engineer does not reply within 48 hours after the contractor submits the confirmation request, the verbal instruction has been confirmed.

If the contractor believes that the engineer's instructions are unreasonable, he shall submit a written report to the engineer within 24 hours after receiving the instruction. The engineer shall make a modification order or continue to execute the original order within 24 hours after receiving the contractor's report. The form informs the contractor. In an emergency, the engineer asks the contractor to execute the order immediately or the contractor has objection, but the engineer decides that the order to continue execution should be executed by the contractor. The additional contract price incurred due to the instruction error and the loss caused to the contractor shall be borne by the contractor, and the delay of the construction period shall be postponed accordingly.

The provisions of this paragraph also apply to orders and notices issued by representatives of engineers.

6.3 The Engineer shall, in accordance with the contract, promptly provide the Contractor with the required instructions, approve and perform other obligations as agreed. Due to the engineer's failure to fulfill the obligations as agreed in the contract, the contractor shall bear the additional contract price caused by the delay and compensate the contractor for the loss and delay the delay.

6.4 If the engineer needs to be replaced, the contractor shall notify the contractor in writing at least 7 days in advance, and then continue to exercise the functions and powers of the predecessor as agreed in the contract file and perform the duties of the predecessor.

7. Project Manager

7.1 The name and position of the project manager are stated in the special terms.

7.2 The contractor shall, in accordance with the notice issued by the contract, be signed by the project manager in writing and sent to the engineer. The engineer shall sign the name on the receipt and the time of receipt will take effect.

7.3 The project manager organizes the construction according to the construction organization design approved by the contractor and the instructions issued by the engineer according to the contract. When the situation is urgent and the engineer cannot be contacted, the project manager shall take emergency measures to ensure the life and engineering and property safety of the personnel, and report to the engineer within 48 hours after taking the measures. The responsibility lies with the contractor or the third party, and the contractor shall bear the additional contract price incurred accordingly, and the construction period shall be postponed accordingly; the responsibility shall be at the contractor, and the contractor shall bear the expenses and shall not extend the construction period.

7.4 If the contractor needs to change the project manager, he shall notify the contractor in writing at least 7 days in advance, and the contractor shall agree with the contractor. The latter will continue to exercise the predecessor's authority as agreed in the contract file and fulfill the obligations of the predecessor.

7.5 The contractor may negotiate with the contractor and propose to replace the project manager whom he considers to be incompetent.

8, the contractor work

8.1 The contractor shall complete the following work according to the content and time specified in the special terms:

Handling land acquisition, compensation for demolition and relocation, leveling construction sites, etc., so that the construction site has construction conditions, and will continue to be responsible for solving the remaining problems after the commencement of work;

The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place of the special clause to ensure the needs during the construction period;

The opening of the construction site and the urban and rural public roads, as well as the main roads within the construction site as stipulated by the special provisions, meet the needs of construction and transportation, and ensure the smooth flow during the construction period;

Provide the contractor with the engineering geological and underground pipeline information of the construction site, and be responsible for the true accuracy of the data;

Apply for approval for construction permit and other documents required for construction, approval and temporary land use, water stoppage, power outage, interruption of road traffic, blasting operations, etc.;

Determine the level point and the coordinate control point, and submit it to the contractor in writing for on-site inspection;

Organize contractors and design units to conduct drawing review and design presentation;

Coordinate the treatment of underground pipelines and adjacent buildings, structures, ancient and famous trees around the construction site, and bear the relevant expenses;

Other work that the contractor should do, the parties agree on the special terms.

8.2 The contractor may entrust part of the work of Section 8.1 to the contractor, and the parties shall stipulate in the special terms, and the expenses shall be borne by the contractor. 8.3 If the contractor fails to perform the obligations of Section 8.1, resulting in delays in the construction period or causing losses to the contractor, the Employer shall compensate the Contractor for the loss and delay the delay.

9. Contractor work

9.1 The Contractor shall complete the following work according to the content and time specified in the special terms:

According to the entrustment of the contractor, within the scope of its design qualification level and business permission, complete the construction drawing design or the design supporting the project, and use it after confirmation by the engineer, the contractor shall bear the expenses incurred thereby;

Provide engineers with annual, quarterly, and monthly project progress plans and corresponding progress statistics reports;

According to the needs of the project, provide and repair the lighting and fence facilities used for non-night construction, and the production is responsible for safety and security;

Providing the contractor with the housing and living houses and facilities at the construction site according to the quantity and requirements stipulated in the special terms, and the contractor shall bear the expenses incurred thereby;

Comply with the relevant government regulations on construction site traffic, construction noise, environmental protection and safe production, handle the relevant procedures in accordance with the regulations, and notify the contractor in writing, the contractor bears the costs incurred, due to the contractor’s responsibility Except for the fines incurred;

Before the completed project has not been delivered to the contractor, the contractor shall be responsible for the protection of the completed project in accordance with the special terms, and the damage shall occur during the protection period, and the contractor shall repair it at his own expense; the contractor shall require the contractor to take special measures to protect the engineering part and the corresponding additional The contract price is stipulated by both parties in the special terms;

Ensure the protection of underground pipelines and adjacent buildings, structures, and ancient and famous trees at the construction site according to special provisions;

Ensure that the construction site cleans in accordance with the relevant provisions of environmental sanitation management, clean up the site to meet the requirements stipulated in the special provisions, and bear the losses and fines caused by violation of relevant regulations for their own reasons;

Other work that the contractor should do, the parties agree on the special terms.

9.2 If the contractor fails to perform the obligations of 9.1 and causes the loss of the contractor, the contractor shall compensate the contractor for the loss.