Demonstration text of construction project contract (4)

25. Confirmation of engineering quantity

25.1 The Contractor shall submit a report of the completed amount of work to the Engineer at the time agreed upon in the special terms. The engineer verifies the completed project quantity according to the design drawings within 7 days after receiving the report, and informs the contractor 24 hours before the measurement. The contractor provides convenience for the measurement and sends people to participate. After the contractor receives the notice, it will not participate in the measurement, and the measurement result is valid, as the basis for the payment of the project price.

25.2 The engineer did not measure within 7 days after receiving the report from the contractor. From the 8th day onwards, the amount of work listed in the contractor's report is deemed to be confirmed as the basis for payment of the project price. The engineer did not notify the contractor according to the agreed time. The fatal contractor failed to participate in the measurement and the measurement result was invalid.

25.3 Engineers shall not measure the amount of work that the contractor has exceeded the scope of the design drawings and the rework caused by the contractor.

26, project payment

26.1 Within 14 days after the confirmation of the measurement results, the Employer shall pay the Contractor the construction cost. The advance payment that the contractor should deduct according to the agreed time is settled with the construction period.

26.2 Article 23 of the General Terms and Conditions determines the adjusted contract price, and the contract price of the Article 31 engineering change adjustment and the additional contract price stipulated in other clauses shall be adjusted and paid in the same period as the construction cost.

26.3 If the contractor exceeds the agreed payment time and does not pay the construction cost, the contractor may issue a notice requesting payment to the contractor. After receiving the notice from the contractor, the contractor still cannot pay as required, and may negotiate with the contractor to sign a deferred payment agreement. The contractor may postpone the payment after agreeing. The agreement shall specify the time of the deferred payment and the loan interest payable from the 15th day after the measurement result is confirmed.

26.4 If the contractor fails to pay the construction cost according to the contract, the two parties have not reached the deferred payment agreement, resulting in the construction being unable to proceed. The contractor may stop the construction and the contractor shall be liable for breach of contract.

Seven, material equipment supply

27, the contractor supplies materials equipment

27.1 If the equipment for the supply of materials by the contractor is implemented, both parties shall agree on the list of equipment supplied by the contractor as an auxiliary file of this contract. The list includes the variety, specifications, model, quantity, unit price, quality level, time and location of the equipment supplied by the contractor. 27.2 The contractor shall provide materials and equipment according to the contents as stipulated in the list, and provide the contractor with the product qualification certificate and be responsible for its quality. The contractor shall notify the contractor in writing 24 hours before the loan of the supplied materials and equipment, and the contractor shall send the person to check with the contractor.

27.3 The materials and equipment supplied by the contractor shall be properly kept by the contractor after the contractor has sent the person to participate in the inventory, and the contractor shall pay the corresponding storage fee. The contractor is responsible for compensation for loss or damage caused by the contractor.

The contractor did not notify the contractor to check, the contractor was not responsible for the storage of materials and equipment, and the loss was caused by the contractor.

27.4 When the materials and equipment supplied by the contractor do not conform to the list, the contractor shall bear the relevant responsibilities. The contractor shall bear the specific content of the responsibility, and the parties shall stipulate in the special terms according to the following conditions:

The unit price of the material equipment does not match the list, and the bidder bears all the price difference;

The variety, specification, model and quality level of the material equipment are inconsistent with the list, and the contractor may refuse to accept the custody, and the consignor shall transport it out of the construction site and re-purchase;

The specifications and models of the materials supplied by the contractor are inconsistent with the list. With the consent of the contractor, the contractor may change the package on behalf of the contractor, and the contractor shall bear the corresponding expenses;

The location of the loan is not in accordance with the list, and the contractor is responsible for transporting it to the designated place of the list;

When the quantity supplied is less than the quantity agreed in the list, it shall be filled by the contractor, and when it exceeds the agreed quantity in the list, the contractor shall be responsible for transporting the excess part out of the construction site;

The time for the loan is earlier than the agreed time of the schedule, and the contractor shall bear the custody expenses incurred; if the loan time is later than the supply time stipulated in the list, the contractor shall compensate the contractor for the loss caused by the contractor, resulting in delay in the construction period, and correspondingly delaying the construction period;

27.5 The materials and equipment supplied by the contractor shall be inspected or tested by the contractor before use. Unqualified shall not be used, and the cost of the inspection or test shall be borne by the contractor.

27.6 The settlement method of the equipment for the supply of materials by the contractor shall be agreed by the parties in the special terms.

28. Contractor purchases materials and equipment

28.1 If the contractor is responsible for purchasing materials and equipment, it shall purchase according to the special terms and design and relevant standards, and provide product qualification certificate, which is responsible for the quality of materials and equipment. The contractor notifies the engineer to check the equipment 24 hours before the arrival of the material equipment.

28.2 When the materials and equipment purchased by the contractor do not conform to the design standards, the contractor shall transport the construction site at the time required by the engineer, re-purchase the products that meet the requirements, and bear the expenses incurred. The delay of the construction period will not be postponed.

28.3 Before the materials and equipment purchased by the contractor are used, the contractor shall conduct inspection or test according to the requirements of the engineer. If it is unqualified, it shall not be used. The inspection or test cost shall be borne by the contractor.

28.4 When the engineer finds that the contractor purchases and uses materials and equipment that do not meet the design and standard requirements, the contractor shall be required to repair, dismantle or repurchase, and the contractor shall bear the expenses incurred, and the delay of the construction period shall not be postponed. 28.5 When the contractor needs to use the substitute material, it should be approved by the engineer before use. The contract price of the increase or decrease is agreed in writing.

28.6 Material equipment purchased by the contractor, the contractor shall not designate the manufacturer or supplier.

Eight, engineering changes

9, engineering design changes

29.1 The contractor shall make a change of design to the original project during the construction, and shall notify the contractor of the change notice in writing 14 days in advance. When the change exceeds the original design standard or approved construction scale, the contractor shall report to the planning management department and other relevant departments for re-examination and approval, and the original design unit shall provide the corresponding drawings and instructions for the change. The Contractor shall make the following required changes in accordance with the change notice and related requirements issued by the Engineer:

Change the elevation, baseline, position and size of the relevant part of the project;

Increase or decrease the amount of work agreed upon in the contract;

Change the construction time and sequence of the relevant project;

Additional work required for engineering changes.

The increase or decrease of the contract price due to the change and the loss of the contractor caused by the change shall be borne by the contractor, and the delay of the construction period shall be postponed accordingly.

29.2 The contractor during construction shall not change the original engineering design. The contractor shall bear the cost incurred by the contractor for arbitrarily changing the design and the direct loss caused by the contractor, and the delay will not be postponed.

29.3 The rationalization proposal put forward by the contractor during the construction involves changes to the design drawings or construction organization design and the replacement of materials and equipment, subject to the approval of the engineer. If the contractor changes or replaces it without consent, the contractor shall bear the expenses incurred and compensate the relevant loss of the contractor, and the delay of the construction period shall not be postponed.

The engineer agrees to use the contractor's rationalization proposal, the expenses incurred and the income earned, and the contractor's contractor separately agrees to share or share.

30, other changes

In the performance of the contract, the contractor requests to change the quality standards of the project and other substantive changes, which shall be resolved through negotiation between the two parties.

31, determine the price of the change

31.1 The contractor shall submit a report on the change of the project price within 14 days after the project modification is confirmed, and adjust the contract price after confirmation by the engineer. Change the contract price in the following ways:

There is already a price applicable to the change project in the contract, and the contract price is changed according to the existing price of the contract;

There is only a price similar to the change project in the contract, and the contract can be changed with reference to a similar price;

The contract does not apply or is similar to the price of the change project, and the contractor proposes an appropriate price change, which is executed after confirmation by the engineer. 31.2 When the contractor fails to submit a report on the change of the project price to the engineer within 14 days after the change is confirmed by both parties, it is deemed that the change does not involve a change in the contract price.

31.3 The engineer shall confirm it within 14 days from the date of receipt of the report on the change of the project price. If the engineer does not confirm the reason without the valid reason, the report of the change of the project price shall be confirmed 14 days after the date of delivery of the report on the change of the project price.

31.4 The Engineer disagrees with the change price proposed by the Contractor and shall deal with it in accordance with Article 37 of the General Terms and Conditions.

31.5 The engineer confirms that the added project change price is paid as an additional contract price and is paid in the same period as the project payment.

31.6 The contractor has no right to request additional contract price due to engineering changes caused by the contractor's own reasons.

IX. Completion acceptance and settlement

32, completion acceptance

The 32.1 project has the conditions for completion acceptance, and the contractor provides complete completion information and completion acceptance report to the contractor according to the relevant provisions of the national project completion acceptance. Where the parties agree to provide the as-built drawings by the contractor, the date and number of copies shall be agreed upon in the special terms.

32.2 The contractor shall organize the relevant units to accept the acceptance within 28 days after receiving the completion acceptance report, and give approval or propose amendments within 14 days after acceptance. The contractor shall modify it as required and bear the cost of modification due to its own reasons.

32.3 The contractor shall not organize the acceptance within 28 days after receiving the completion acceptance report submitted by the contractor, or shall not propose the modification within 14 days after the acceptance, and the completion acceptance report is deemed to have been approved.

32.4 The completion acceptance of the project shall be passed, and the date on which the contractor delivers the completion acceptance report is the actual completion date. After the project is revised according to the requirements of the contractor, the actual completion date is the date the contractor has revised and submitted to the contractor for acceptance.

32.5 The contractor shall not organize the acceptance within 28 days after receiving the contractor's completion acceptance report, and shall undertake the project custody and all accidental responsibility from the 29th day.

32.6 The scope and completion time of the intermediate handover project shall be agreed by the parties in the special terms, and the acceptance procedures shall be handled in accordance with these General Terms and Conditions 32.1 to 32.4.

32.7 For special reasons, if the contractor requests that some units of the project or engineering site be completed, the two parties shall sign a separate completion agreement to clarify the responsibility of both parties and the payment method of the project price.

32.8 If the project has not passed the acceptance check or the completion acceptance has not been passed, the contractor shall not use it. When the contractor forcibly uses it, the quality problems and other problems that occur will be borne by the contractor.

33, completion settlement

33.1 The completion acceptance report of the project shall be submitted to the Employer within 28 days after the approval of the contractor, and the contractor shall submit the completion settlement report and the complete settlement information to the Employer. The two parties shall complete the project completion according to the contract price and the contractual price agreed upon in the special clause. Settlement. 33.2 The contractor shall verify the application within 28 days after receiving the completion settlement report and settlement information submitted by the contractor, and give confirmation or propose amendments. The Employer confirms the completion settlement report and informs the handling bank to pay the contractor the settlement price of the project completion. The contractor will deliver the completed project to the contractor within 14 days after receiving the settlement price.

33.3 Within 28 days after receiving the completion settlement report and settlement data, the contractor will not pay the settlement fee for the project without proper reasons. From the 29th day, the contractor will pay the interest of the arrears of the project at the bank loan interest rate and bear the liability for breach of contract.

33.4 If the contractor does not pay the settlement fee for the project within 28 days after receiving the completion settlement report and settlement information, the contractor may urge the issuer to pay the settlement price. If the contractor still fails to pay within 56 days after receiving the completion settlement report and settlement information, the contractor may agree with the contractor to discount the project, or the contractor may apply to the people's court to auction the project according to law, and the contractor shall The price of the project or the price of the auction will be paid preferentially.

33.5 The completion acceptance report of the project shall not be submitted to the Employer within 28 days after the approval of the contractor, and the contractor shall fail to submit the completion settlement report and complete settlement information to the contractor, resulting in the failure of the project completion settlement or the completion of the project settlement payment. If the project is delivered, the contractor shall deliver it; if the contractor does not require the delivery of the project, the contractor shall bear the responsibility for custody.