Demonstration text of construction project contract (5)

33.6 When the contractor of the contractor disputes the settlement price of the project, it shall be dealt with in accordance with Article 37 of the General Terms and Conditions.

34, quality warranty

34.1 The contractor shall bear the quality warranty responsibility for the project used for delivery to the contractor in accordance with the laws, administrative regulations or the state's regulations on the quality of the project warranty.

34.2 Implementation of quality warranty work. The contractor shall sign a quality warranty with the contractor as an auxiliary file of this contract before the project is completed and accepted.

The main contents of the 34.3 Quality Warranty include:

The content and scope of the quality warranty project;

Quality warranty period;

Quality warranty responsibility;

Payment method for quality warranty.

X. Defaults, claims and disputes

35, default

35.1 The contractor defaults. When the following occurs:

The Employer referred to in Article 24 of these General Terms does not pay the project advance payment on time;

The contractor mentioned in paragraph 26.4 of the General Terms and Conditions does not pay the construction cost according to the contract, which may result in the construction failure;

The Employer referred to in Clause 33.3 of these General Terms does not pay the settlement price of the project without justifiable reasons;

Other circumstances in which the contractor fails to perform the contractual obligations or fails to perform the obligations as agreed in the contract.

The contractor shall be liable for breach of contract, compensate for the economic losses caused to the contractor due to its breach of contract, and delay the delay of the construction period. The parties shall, within the special terms, stipulate the calculation method for the contractor to compensate the contractor for the loss or the amount or method of calculation of the liquidated damages. 35.2 The contractor defaulted. When the following occurs:

The reasons referred to in Clause 14.2 of these General Terms and Conditions shall not be completed due to the contractor's reasons for completion as agreed in the Agreement or the extension of the Engineer's consent;

The quality of the project mentioned in paragraph 15.1 of these General Terms and Conditions due to the contractor’s reasons does not meet the quality standards agreed in the Agreement;

Other circumstances in which the contractor does not perform the contractual obligations or fails to perform the obligations as agreed in the contract.

The contractor shall be liable for breach of contract and compensate for the losses caused by the contractor due to breach of contract. The parties shall, in the special terms, stipulate the calculation method for the contractor to compensate the loss of the contractor or the amount by which the contractor shall pay the liquidated damages.

35.3 After a party breaches the contract and the other party requests the defaulting party to continue to perform the contract, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.

36. Claim

36.1 When a claim is filed with the other party, there must be a reason for the legitimate claim and there is valid evidence at the time of the claim.

36.2 The contractor fails to perform its obligations or errors in accordance with the contract and other circumstances that should be borne by the contractor, resulting in delays in the construction period and the contractor cannot obtain the contract price and other economic losses of the contractor in time. The contractor may Claim in writing to the Employer in accordance with the following procedure:

Notify the engineer of the intention to notify the claim within 28 days after the claim event occurs;

Within 28 days after the notice of intent to issue the claim, the engineer shall submit a claim report and related information for extending the construction period and compensating for the economic loss;

After receiving the claim report and relevant information submitted by the contractor, the engineer will give a reply within 28 days, or ask the contractor to further supplement the claim reason and evidence;

The engineer did not reply or did not make further requests to the contractor within 28 days after receiving the claim report and relevant information submitted by the contractor, and the claim was deemed to have been approved;

When the claim event continues, the contractor shall issue a claim to the engineer in stages and, within 28 days after the end of the claim, send the engineer the relevant information and final claim report. The claim reply procedure is the same as the regulations.

36.3 The contractor fails to perform its obligations or errors in accordance with the contract, causing economic losses to the contractor. The contractor may file a claim with the contractor within the time limit determined in Section 36.2.

37. Disputes

37.1 The contractor’s contractor has a dispute in the performance of the contract and may reconcile or request the relevant competent department to mediate. If the parties are unwilling to settle, mediate or settle or mediate, the two parties may agree on the following ways to resolve the dispute within the special terms: The first solution: the two parties reach an arbitration agreement and apply to the agreed arbitration committee for arbitration;

The second solution is to sue in a people's court with jurisdiction.

37.2 After the dispute arises, both parties shall continue to perform the contract unless the following conditions occur, to maintain the construction continuity and to protect the completed project:

The unilateral breach of contract caused the contract to be unfulfilled, and the parties agreed to stop construction;

Mediation requires the construction to be stopped and accepted by both parties;

The arbitration institution requested to stop the construction;

The court requested that construction be stopped.

Eleven, other

38, engineering subcontracting

38.1 The contractor shall subcontract part of the contracted project according to the special terms and sign a subcontract with the subcontracting unit. The contractor shall not subcontract any part of the contracted project without the consent of the contractor.

38.2 The contractor shall not subcontract all the works contracted by the contractor to others, nor shall it subcontract all the works contracted by him to others after subcontracting.

38.3 Project subcontracting shall not relieve the contractor of any responsibility and obligation. The contractor shall station the corresponding management personnel at the subcontracted site to ensure the performance of this contract. Any breach of contract or negligence of the subcontracting unit may result in damage to the project or cause other losses to the contractor, and the contractor shall be jointly and severally liable.

38.4 The subcontracted project price shall be settled by the contractor and the subcontractor. The Employer shall not pay the Subcontractor any amount of work in any form without the consent of the Contractor.

39, force majeure

39.1 Force majeure includes explosions caused by war, turmoil, falling objects in the air or other non-contractor contractors, fires, and natural disasters such as wind, rain, snow, flood, and earthquakes as stipulated in the special provisions.

39.2 After the event of force majeure, the contractor shall immediately notify the engineer to take prompt measures to reduce losses as soon as possible under the conditions of production, and the contractor shall assist the contractor to take measures. Within 48 hours after the event of force majeure, the contractor informs the engineer of the damage and loss, and the estimated cost of cleaning and repair. The force majeure event continues to occur and the contractor should report the victim to the engineer every 7 days. Within 14 days after the end of the force majeure event, the contractor submits an official report and related information on the cleaning and repair costs to the engineer.

39.3 The costs and delays due to force majeure events shall be borne by both parties as follows:

The damage caused by the project itself, the third-person casualties and property losses caused by the engineering damage, and the damage to the materials and equipment to be installed that are transported to the construction site for construction shall be borne by the contractor;

The contractor’s casualties shall be the responsibility of the unit in which the contractor is responsible and shall bear the corresponding expenses;

The contractor shall bear the damage to the contractor’s mechanical equipment and the loss of work stoppage;

During the period of suspension of work, the contractor shall be responsible for the expenses of the necessary management personnel and security personnel required by the engineer to remain at the construction site;

The cost of cleaning and repairing the project shall be borne by the contractor;

The delay in the construction period will be postponed accordingly. 39.4 If force majeure occurs after the contractual party delays performance of the contract, the corresponding responsibility of the delaying performer cannot be waived.

40, insurance

40.1 Before the commencement of the project, the contractor shall pay for the insurance for the self-owned personnel and the life and property of the third-person personnel in the construction project and the construction site, and pay the insurance premium.

40.2 Shipped to the construction site for the materials used for the project and the equipment to be installed, the contractor shall handle the insurance and pay the insurance fee.

40.3 The contractor may entrust the contractor with the relevant insurance matters, and the expenses shall be borne by the contractor.

40.4 The contractor must handle accidental injury insurance for employees who are in danger of personnel operations, and provide insurance for the life and property of the self-owned personnel and construction machinery and equipment in the construction site, and pay the insurance premium.

40.5 At the time of the insured event, the contractor’s contractor is responsible for taking the necessary measures to prevent or reduce the loss.

40.6 Specific insurance content and related responsibilities, the contractor contractor agreed in the special terms.

41. Guarantee

41.1 The contractor shall provide the following guarantees to each other in order to fully perform the contract:

The contractor provides the contractor with a performance guarantee, pays the project price according to the contract and fulfills other obligations as stipulated in the contract.

The contractor provides the performance bond to the contractor and fulfills its obligations in accordance with the contract.

41.2 After a party defaults, the other party may request the third party to provide the corresponding liability.

41.3 The content, method and related responsibilities of the guarantee are provided. The contractor of the contractor shall, in addition to the special clauses, also sign a guarantee contract with the guarantor as an auxiliary file of this contract.

42. Patented technology and special processes

42.1 If the contractor requests to use the patented technology or special technology, it shall be responsible for handling the corresponding declaration procedures and bear the costs of declaration, test and use; if the contractor proposes to use the patented technology or special technology, it shall obtain the approval of the engineer, and the contractor shall be responsible for the declaration formalities. Bear the relevant costs.

42.2 If the patent technology is used to infringe the patent right of others without authorization, the responsible person shall bear corresponding responsibility according to law.

43. Cultural relics and underground obstacles

43.1 When discovering ancient tombs, ancient architectural sites and other cultural relics and fossils or other items with archaeological or geological research values ​​during construction, the contractor shall immediately protect the site and notify the engineer in writing within 4 hours. Report the local cultural relics management department within 24 hours after the written notice, and the contractor's contractor shall take appropriate protective measures according to the requirements of the cultural relics management department. The contractor bears the costs incurred and delays the delay.

If it is found that it is concealed and not reported, the cultural relics will be damaged, and the responsible person shall bear corresponding responsibilities according to law. 43.2 When the underground obstacles affecting construction are under construction, the contractor shall notify the engineer in writing within 8 hours and propose a disposal plan. The engineer shall approve or propose an amendment plan within 24 hours after receiving the disposal plan. The contractor bears the costs incurred and delays the delay.

When the underground obstacles found have vested units, the contractor shall report to the relevant departments for joint disposal.