Demonstration text of construction project construction contract (3)

Third, construction organization design and construction period

10. Progress plan

10.1 The Contractor shall submit the construction organization design and project progress plan to the revised opinion on the date agreed upon in the special terms. If it is not confirmed or submitted in writing after the deadline, it shall be deemed as consent.

10.2 If the unit project is carried out in phases in the group project, the contractor shall, according to the time when the contractor provides the drawings and relevant materials, plan according to the progress of the unit project preparation, and the specific contents shall be agreed in the special terms.

10.3 The contractor must organize the construction according to the progress plan confirmed by the engineer and accept the inspection and supervision of the engineer. When the actual progress of the project does not match the confirmed progress plan, the contractor shall propose improvement measures according to the requirements of the engineer and execute it after confirmation by the engineer. Due to the contractor's reasons, the actual progress and progress plan do not match, the contractor has no right to propose additional contract price for the improvement measures.

11. Start-up and post-starting 11.2 Due to the reason of the contractor, the commencement date cannot be started in accordance with the agreement. The engineer shall notify the contractor in writing and postpone the commencement date. The Employer compensates the Contractor for the losses caused by the delay in the commencement of work and the corresponding extension of the construction period.

12. Suspension of construction

When the engineer believes that it is necessary to suspend the construction, the contractor shall be required to suspend the construction in writing and submit a written explanation within 48 hours after the request is made. The contractor shall stop the construction as required by the engineer and properly protect the completed project. After the contractor implements the handling opinions made by the engineer, the request for reinstatement may be submitted in writing. After the handling opinions made by the engineer, the request for reinstatement may be submitted in writing, and the engineer shall give a reply within 48 hours. The engineer failed to submit a handling opinion within the specified time, or did not reply within 48 hours after receiving the contractor's request for resumption of work. The contractor may return to work on his own. If the work is stopped due to the reason of the contractor, the contractor shall bear the additional contract price incurred, compensate the contractor for the losses caused by the contractor, and delay the construction period accordingly; if the contractor causes the work stoppage, the contractor shall bear the expenses incurred, and the construction period shall not be To the extension.

13. Delay in construction period

13.1 Due to the following reasons, the construction period is delayed. After confirmation by the engineer, the construction period will be postponed accordingly:

The contractor failed to provide the drawings and conditions of commencement as specified in the special terms;

The contractor failed to pay the project advance payment and progress payment according to the agreed date, resulting in the construction failure;

The engineer did not provide the required instructions, approvals, etc. according to the contract, resulting in the construction not working properly;

Design changes and engineering volume increase;

Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;

force majeure;

Other conditions agreed in the special terms or the engineer agrees to the extension of the construction period.

13.2 The Contractor shall report to the Engineer in writing on the delayed construction period within 14 days after the occurrence of the situation in Section 13.1. The engineer will confirm it within 14 days after receiving the report. If it is overdue, it will not be confirmed and no amendments will be proposed. It is deemed to be agreed to extend the construction period.

14. Completion of the project

14.1 The Contractor must complete the completion date as agreed in the Agreement or the engineer's agreed extension.

14.2 If the contractor fails to complete the construction date specified in the agreement or the engineer agrees to extend the construction period, the contractor shall be liable for breach of contract.

14.3 If the contractor is required to complete the construction in advance, the two parties shall sign an early completion agreement as part of the contract file. The early completion agreement shall include the measures taken by the contractor to ensure the quality and safety of the project, the conditions for the contractor to provide for early completion, and the additional contract price required for early completion.

Fourth, quality and inspection

15. Engineering quality

15.1 The quality of the project shall meet the quality standards stipulated in the agreement, and the assessment of the quality standards shall be based on the quality inspection and evaluation standards of the state or industry. Due to the contractor's reasons, the quality of the project does not meet the agreed quality standards, and the contractor is liable for breach of contract.

15.2 Both parties have disputes over the quality of the project. The project quality inspection agency agreed by both parties shall determine the necessary expenses and losses caused by the responsible party. Both parties have responsibilities, which are borne by both parties in accordance with their responsibilities.

16. Inspection and rework

16.1 The contractor shall carefully follow the standards, specifications and design drawings and the instructions issued by the engineer according to the contract, and accept the inspection and inspection of the engineer at any time to facilitate the inspection and inspection.

16.2 The quality of the project does not reach the agreed standard, and the engineer's request is to dismantle and re-construct until the standard is met. If the contractor fails to meet the agreed standards, the contractor shall bear the cost of dismantling and re-construction, and the construction period will not be postponed.

16.3 Inspection and inspection by engineers shall not affect the normal operation of the construction. If the construction is affected normally and the inspection fails, the costs affecting normal construction shall be borne by the contractor. In addition to this, the additional contract price affecting normal construction shall be borne by the contractor, and the construction period shall be extended accordingly.

16.4 The additional contract price incurred due to an engineer's instruction error or other non-contractor reasons shall be borne by the Employer.

17. Concealed works and intermediate acceptance

17.1 The project has hidden conditions or intermediate acceptance points agreed upon by the special terms. The contractor conducts self-inspection and informs the engineer in writing 48 hours before concealment or intermediate acceptance. The notice includes the content of concealment and intermediate acceptance, the time and place of acceptance. The contractor prepares the acceptance record, and the acceptance is qualified. After the engineer signs the acceptance record, the contractor can carry out concealment and continue construction. If the acceptance is unqualified, the contractor shall re-accept it after modification within the time limit defined by the engineer.

17.2 The engineer shall not accept the inspection on time. The extension shall be submitted to the contractor in writing 24 hours prior to the acceptance, and the extension shall not exceed 48 hours. The engineer fails to submit the extension request according to the above time, and does not conduct the acceptance. The contractor can organize the acceptance by himself, and the engineer should acknowledge the acceptance record.

17.3 Upon acceptance by the engineer, the quality of the project complies with the requirements of standards, specifications and design drawings. After 24 hours of acceptance, the engineer does not sign the acceptance record, and the engineer has accepted the acceptance record. The contractor may conceal or continue construction.

18, re-inspection

Regardless of whether the engineer performs the inspection or not, when it is required to re-inspect the already concealed works, the contractor shall peel or open the hole as required and re-cover or repair it after inspection. If the inspection is qualified, the contractor shall bear all the additional contractual fees incurred thereby, compensate the contractor for the loss, and delay the construction period accordingly. If the inspection fails, the contractor shall bear all the expenses incurred, and the construction period will not be postponed.

19. Engineering test drive

19.1 If the two parties agree that a test is required, the content of the test shall be consistent with the scope of installation contracted by the contractor.

19.2 The equipment installation project has a single-machine no-load test condition, the contractor organizes the test run, and informs the engineer in writing 48 hours before the test run. The notice includes the content, time and location of the test. The contractor prepares the test record and the contractor provides the necessary conditions for the test run according to the contractor's request. The test is qualified and the engineer signs the test record.

19.3 Engineers are not allowed to participate in the test run on time. They must submit an extension request to the contractor in writing 24 hours before the start of the test run. If they do not participate in the test run, they should acknowledge the test record.

19.4 The equipment installation project has the condition of no-load linkage test, the contractor organizes the test, and the contractor prepares according to the requirements, time, place and requirements of the contractor. The test is qualified and both parties sign the test record.

19.5 Responsibility

Due to design reasons, the test vehicle does not meet the acceptance requirements. The contractor should require the design unit to modify the design and the contractor reinstalls it according to the modified design. The contractor shall bear the full cost of modifying the design, dismantling and reinstallation and the additional contract price, and the construction period shall be postponed accordingly.

Due to equipment manufacturing reasons, the test fails to meet the acceptance requirements, and the purchaser of the equipment is responsible for re-purchase or repair, and the contractor is responsible for the removal and re-installation. If the equipment is purchased by the contractor, the contractor shall bear the cost of repair or re-purchase, dismantling and re-installation, and the construction period shall not be postponed; if the equipment is purchased by the contractor, the contractor shall bear the above additional contract price, and the construction period shall be postponed accordingly.

Due to the contractor's construction reasons, the test is not subject to the acceptance requirements. The contractor re-installs and commissions according to the requirements of the engineer, and bears the cost of re-installation and commissioning. The construction period will not be postponed.

The commissioning fee shall be borne by the Employer unless it is included in the contract price or otherwise stipulated in the special terms.

The engineer does not sign the test record after passing the test. After 24 hours from the end of the test run, the engineer is deemed to have approved the test record, and the contractor can continue construction or complete the completion procedure.

19.6 The commissioning of the materials shall be undertaken by the contractor after the completion of the project. If the contractor requests that the contractor cooperate or accept the contractor's cooperation, the contractor shall obtain the consent of the contractor and sign a supplementary agreement.

Five, safe construction

20, safe construction and inspection

20.1 The contractor shall abide by the relevant regulations on safety construction of engineering construction, organize construction in strict accordance with safety standards, and accept the supervision and inspection carried out by industry safety inspectors according to law, and take necessary safety protection measures to eliminate hidden dangers. The contractor shall be responsible for the liability of the contractor for the failure of the safety measures and the costs incurred.

20.2 The contractor shall provide safety education to the staff at the construction site and be responsible for their safety. The contractor shall not require the contractor to carry out the construction in violation of the safety management regulations. For the safety accident caused by the contractor, the contractor shall bear the corresponding responsibility and the expenses incurred.

21, security protection

21.1 When the contractor constructs in the vicinity of power equipment, transmission lines, underground pipelines, sealed earthquake-proof workshops, inflammable and explosive areas and traffic lanes near the street, safety protection measures shall be proposed to the engineers before the construction starts, and implemented after the approval of the engineers. The cost is borne by the contractor.

21.2 To carry out blasting operations, when constructing and using toxic and corrosive materials in radiation or toxic environments, the contractor shall notify the engineer in writing 14 days before the construction and propose corresponding safety protection measures, which shall be implemented after being approved by the engineer. The contractor shall bear the cost of safety protection measures.

22, accident handling

22.1 In the event of major casualties or other safety incidents, the contractor shall promptly report to the relevant department and notify the engineer in accordance with the relevant regulations, and at the same time, according to the requirements of the relevant government departments, the responsible party shall bear the expenses incurred.

22.2 If the contractor’s contractor has disputes over the liability of the accident, it shall be handled in accordance with the approval of the relevant government department.

6. Contract price and payment

23. Contract price and adjustment

23.1 The contract price of the bidding project shall be agreed by the contractor's contractor in accordance with the winning bid price in the bid winning notice. The contract price of the non-tendering project shall be stipulated in the agreement by the contractor of the contractor in accordance with the project budget.

23.2 After the contract price is agreed in the agreement, neither party may change it without authorization. The following three ways of determining the contract price, the two parties can agree to adopt one of them in the special terms:

Fixed price contract. The parties agree in the special terms on the risk scope and risk cost included in the contract price, and the contract price is not adjusted within the agreed risk range. The method of adjusting the contract price outside the risk range. It should be agreed in the special terms.

Adjustable price contract. The contract price can be adjusted according to the agreement of both parties, and the parties agree on the contract price adjustment method in the special clause.

Cost plus remuneration contract. The contract price includes the cost and the remuneration. The two parties agree on the cost structure and the calculation method of the remuneration in the special clause.

23.3 Adjustment factors for the contract price in the adjustable price contract include:

Laws, administrative regulations and relevant state policy changes affect the contract price;

Price adjustment announced by the project cost management department;

Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;

Other factors agreed by the parties.

23.4 The contractor shall notify the engineer in writing of the reason and amount of adjustment within 14 days after the occurrence of the situation in paragraph 23.3. The engineer shall confirm the adjustment amount and pay as the additional contract price in the same period as the construction cost. If the engineer does not confirm or propose a modification within 14 days after receiving the notice from the contractor, it is deemed to have agreed to the adjustment.

24, engineering advance payment

In the case of the implementation of the project advance payment, both parties shall stipulate in the special terms the time and amount of the advance payment to the contractor by the contractor, and deduct the time and proportion according to the agreed time and proportion after the commencement of work. The prepayment time should be no later than 7 days before the agreed start date. The contractor does not pay in advance according to the agreement. The contractor sends a notice to the contractor for prepayment after 7 days of the agreed prepayment time. After the notice is received, the contractor can not prepay according to the requirements. The contractor can stop the construction 7 days after the notice is issued. The loan interest payable shall be paid to the contractor from the date of the agreement, and shall be liable for breach of contract.