Demonstration text of construction project contract (6)
44, the contract is lifted
44.1 The contractor’s contractor can cancel the contract by consensus.
44.2 In the case of paragraph 26.4 of these General Conditions, if the construction is stopped for more than 56 days, the contractor still does not pay the construction cost, and the contractor has the right to terminate the contract.
44.3 In the event of a prohibition under Article 38.2 of these General Conditions, the Contractor shall subcontract all the works contracted by the Contractor to others or disguise them in the name of subcontracting, and the Employer shall have the right to terminate the contract.
44.4 In any of the following circumstances, the contractor’s contractor may terminate the contract:
The contract cannot be performed due to force majeure;
The contract was not fulfilled due to a breach of contract by one party.
44.5 If a party requests to terminate the contract in accordance with the provisions of 44.2, 44.3, and 44.4, it shall notify the other party in writing of the cancellation of the contract, and notify the other party 7 days before the notice is given, and the contract shall be released when the notice arrives at the other party. If there is any dispute over the termination of the contract, it shall be dealt with in accordance with Article 37 of the General Terms and Conditions.
44.6 After the contract is terminated, the contractor shall properly perform the work of protecting and transferring the completed works and purchased materials and equipment, and withdraw the own mechanical equipment and personnel from the construction site according to the requirements of the contractor. The Employer shall provide the necessary conditions for the Contractor to withdraw, pay the above expenses, and pay the completed project price as agreed in the contract. The materials and equipment that have been ordered shall be returned or cancelled by the ordering party. The uncollected payment and the expenses incurred due to the return or cancellation of the order shall be borne by the contractor, and the loss caused by the timely return shall be borne by the responsible party. In addition, the party that is at fault should compensate for the loss caused by the contract to the other party.
44.7 After the contract is terminated, it does not affect the validity of the settlement and liquidation clauses agreed upon by the parties in the contract.
45. The contract is effective and terminated
45.1 The parties agree on the way in which the contract enters into force in the agreement.
45.2 Except for Article 34 of these General Terms, the contractor shall perform all the obligations of the contract, and the completion settlement payment shall be completed. After the contractor delivers the completion project to the contractor, the contract shall be terminated.
45.3 After the termination of the rights and obligations of the contract, the contractor of the contractor shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality.
46, the number of contracts
46.1 The original of this contract is two copies, which are equally effective and are kept by the contractor.
46.2 The number of copies of this contract shall be agreed by the parties in the special terms as required.
47, supplementary terms
The two parties may, in accordance with the relevant laws and administrative regulations, and after the agreement with the actual project, may specify, supplement or modify the contents of the General Terms and Conditions, and stipulate in the special terms.
Part III Special Terms
I. Word definition and contract file
2. Contract file and explanation order
Contract file composition and order of interpretation: ________________________________________________________
3. Language and applicable laws, standards and norms
3.1 This contract uses language in addition to Chinese.
3.2 Applicable laws and regulations require explicit laws and administrative regulations: ______________________________________
3.3 Applicable standards and specifications
Name of applicable standard and specification: __________________________________________________________
The contractor provides standard and standardized time: ________________________________________________________
There is no corresponding standard or norm in China: ____________________________________________________
4, drawings
4.1 The contractor provides the contractor with the date and number of drawings: ___________________________________________
The confidentiality requirements of the contractor for the drawings: ________________________________________________________
Requirements and expense for using foreign drawings: __________________________________________________
2. General rights and obligations of both parties
5, engineer
5.2 Engineer appointed by the supervision unit
Name: ________________ Position: ________________ The authority entrusted by the contractor: __________________
The authority required to obtain approval from the contractor: ______________________________________________
5.3 Engineers dispatched by the contractor
Name: ________________ Title: ________________________
Authority: __________________________________________________________________________
5.6 If the supervision is not implemented, the engineer's authority: __________________________________________________
7. Project Manager
Name: ________________ Title: ________________
8, the contractor work
8.1 The contractor shall complete the following work according to the agreed time and requirements:
The construction site has the requirements for construction conditions and the time of completion: ____________________________________
Time, place and supply requirements for connecting the water, electricity and telecommunications lines required for construction to the construction site: ____________
___________________________________________________________________________________
___________________________________________________________________________________
Opening hours and requirements for construction sites and public roads: ____________________________________
Engineering Geology and Underground Pipeline Information Available: __________________________________________
The name and completion time of the documents required for construction and the completion date handled by the contractor: ___________________________
Leveling point and coordinate control point inspection requirements: __________________________________________________
Drawing review and design time: ____________________________________________________
Coordinate the treatment of underground pipelines and adjacent buildings, structures and ancient and famous trees around the construction site: ______________________________________________________________________
The parties agree on other work that the contractor should do: ______________________________________________
8.2 The work of the contractor entrusting the contractor: ____________________________________________________
9. Contractor's work 9.1 The contractor shall complete the following work according to the agreed time and requirements:
Design file submission time required by the contractor allowed by the design qualification level and scope of business: ______________
The name of the plan, the report, and the time of completion should be provided: ______________________________________________
Responsibility and requirements for construction safety and non-night construction lighting: ____________________________
Requirements for office and living houses and facilities provided to the contractor: __________________________________
Procedures for construction site traffic, sanitation and construction noise management required by the contractor: ___________________
Special requirements and cost commitments for finished product protection: ______________________________________
Protection requirements and cost of underground pipelines and adjacent buildings, structures, ancient and famous trees around the construction site: ____________________________________________________________________
Construction site sanitation requirements: ______________________________________________________
The parties agree on other work that the contractor should do: ______________________________________________
Third, construction organization design and construction period
10. Progress plan
10.1 Time for the contractor to provide construction organization design and schedule: __________________________
Time confirmed by the engineer: ______________________________________________________________
10.2 Requirements for progress plans in group projects: ______________________________________________
13. Delay in construction period
13.1 Other circumstances in which the parties agree to extend the construction period: ________________________________________________
Fourth, quality and acceptance
17. Concealed works and intermediate acceptance
17.1 The parties agree on the intermediate acceptance site: ______________________________________________________
19. Engineering test drive
19.5 Commitment of commissioning costs: ____________________________________________________________
Five, safe construction
6. Contract price and payment
23. Contract price and adjustment
23.2 The price of this contract is determined by ___________________________________________________.
Using a fixed price contract, the risk range included in the contract price: _________________________________
Calculation of risk costs: ________________________________________________________________
Contract price adjustment method outside the risk range: __________________________________________________
Adopt adjustable price contract, contract price adjustment method: _________________________________________
Adopt the cost plus remuneration contract, the agreement on costs and honors: _____________________________________
23.3 Other adjustment factors agreed by the parties for the contract price: ____________________________________________
24, engineering advance payment
The time and amount of the contractor’s advance payment to the contractor or the proportion of the total contract price: ____________________
Time and proportion of deducting the construction cost: ____________________________________________________________
25. Engineering quantity confirmation
25.1 When the contractor submits the completed quantity report to the engineer: ____________________________________
26, project payment
The method and time of payment agreed by the parties: ______________________________________
Seven, material equipment supply
27, the contractor supply
27.4 When the materials and equipment supplied by the contractor do not conform to the list, the parties agree that the contractor shall bear the following responsibilities:
Material equipment unit price does not match the list: _________________________________________________
The type, specification, model and quality level of the material equipment do not match the list: _____________________________
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