Construction engineering labor contractual contract model

Numbering:______________

Employer: ________________________________________

contractor:_____________________________________

Subcontracted project name: _______________________________

Construction address: ____________________________ area

Employer: ________________________________

contractor:________________________________

In accordance with the "Contract Law of the People's Republic of China", the "Building Law of the People's Republic of China" and other relevant laws and regulations, and in accordance with the principle of equality, voluntariness, fairness and good faith, the two parties have reached this agreement on the construction of engineering labor cooperation matters.

The first project overview and contract work content

1.1 Project Name: ______________________________________________

1.2 Project Overview: _________________________________________________

1.3 Subcontracted work content: __________________________________________

The scope includes: __________________________________________________

1.4 Project supervision unit: ________________________________

Second operator

The contractor shall provide the contractor with a total of _______ name according to the needs of the project.

The third contract period

Start date _____ year _ _ _____ day, completion date _____ year ____ month _____ day, the construction period is ______ days.

Article 4 Contract Price

4.1 The contract price is: _________ yuan capital: _________ yuan

4.2 The principle of determining the contract price:

After bidding is confirmed or there is no bidding procedure, both parties and the contractor shall agree to:

4.2.1 The price of this contract is a fixed price, and the contract price is no longer adjusted within the agreed risk range.

4.2.2 Based on the annual construction budget or the annual construction budget estimate:

1 The unit price of fixed wages is:

Bricklayer _____ yuan / working day; structural woodworking ______ yuan / working day; decoration woodworking _____ yuan / working day; steel workers _____ yuan / working day;

Completion _____ yuan / working day; oil workers ____ yuan / working day; plastering workers _____ yuan / working day; shelf workers _____ yuan / working day;

Plumbers _____ yuan / working day; electrician ______ yuan / working day; Zhuanggong _____ yuan / working day; _______; _______; _______;

2 According to the construction area to determine the contract price _____ yuan / square meter; among them, the above-ground structure: _____ yuan / square meter; underground structure: _____ yuan / square meter; initial decoration: _____ yuan / square meter; hydropower: _____ _ yuan / square meter; ________; _________;

3 sub-project contracting:

Exterior wall tiles: _______ yuan / square meter; roof waterproof: _______ yuan / square meter;

Terrazzo floor: _______ yuan / square meter; cement mortar: _______ yuan / square meter;

Ordinary plastering of interior walls: _______ yuan / square meter; ________; ________; ________.

4.2.3 The price of sporadic labor incurred outside the fixed-quantity work ____ yuan / working day;

4.2.4 Due to force majeure, water shortage due to non-contractor within one week, power outage, gas stop or unscheduled tasks, etc., the work stoppage and the total number of work-related accidents exceeding eight hours are compensated according to __________ standard.

4.3 Clarity of the contents of the contract price: _______________________________________

Article 5 Settlement and payment of the contract price

5.1 Settlement and final accounts:

5.1.1 The contractor shall provide the contractor with a construction drawing or engineering quantity list, and the contractor shall prepare the construction budget according to the terms of this contract based on the above written information.

5.1.2 The contractor shall arrange the operator to complete the operation according to the construction task book issued by the contractor or the instructions of the person in charge of the site, and obtain a valid written visa document to prepare a manual settlement book.

5.1.3 Effective monthly workload settlement information and written negotiation changes, on-site identification materials, etc.

5.2 Settlement and final settlement of the contract price:

5.2.1 The Employer shall verify, confirm and jointly perform the written settlement procedures on the amount of work completed by the Contractor on ________.

5.2.2 Within 28 days after the project is delivered, the contractor submits the complete final accounts to the contractor, and the contractor shall verify it within 28 days after receiving the final accounts, confirm and complete the final settlement procedures of the subcontracted project.

5.3 Payment of the contract price:

5.3.1 Instalment payment of contract price: _______ yuan is paid in _____ year ___ _____, and _______ yuan is paid in ______ year _____ month _____ day.

5.3.2 If the labor service fee is paid in installments, the amount of labor service paid in each period shall not be less than 80% of the settlement amount already settled, and the balance shall be paid within 28 days after the contractor confirms the final accounting data.

5.3.3 The payment of the contract price must be handled in the form of bank transfer. The payer must not pay the contractor the labor service fee in cash.

5.3.4 The formalities for payment are as follows: If the contractor is a construction enterprise in Beijing, the contractor shall issue a special invoice for the construction enterprise of Beijing to Beijing, and the contractor shall fill in the completed receipt. The cheque or money order for the full name of the contractor is delivered to the person designated by the contractor.

Article 6 Safe Construction, Major Casualties and Other Safety Accidents Handling

6.1 Safe construction: The contractor and the contractor must implement and implement the laws, regulations and various regulations on safety production promulgated and implemented by the state, the government and the competent authorities of the industry, and organize the construction in strict accordance with the safety standards.

6.2 Major casualties and other safety incidents:

6.2.1 In the event of major casualties and other safety incidents, both parties shall take emergency measures to prevent the situation from expanding and fully organize the rescue of the injured and protect the scene of the accident. If the injured person must move the equipment on site, a written record or photograph shall be taken.

6.2.2 According to the relevant regulations, the contractor of the contractor shall distinguish the responsibility, and the responsible party responsible for the accident shall bear the corresponding responsibility. When 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.

6.3 The safety production standards for this project are as follows: _______________________.

Article 7 Project Quality, Acceptance and Warranty

7.1 The quality of the project shall meet the design drawing requirements and agreed standards and quality objectives. As shown in the paper, the contractor's instructions and the national and local government construction acceptance specifications and standards, the contractor shall, after obtaining the written approval of the contractor, use the higher quality requirements as the construction basis.

7.2 The contractor must organize the construction in accordance with the quality inspection standards, construction acceptance specifications and construction drawings specified by the State. If the design is found to be incorrect during the construction, it must be submitted to the contractor immediately, and the construction can be continued after the text has been changed. If the work is caused by the contractor, the contractor shall provide economic compensation. If the contractor causes the work, the construction period will not be postponed, and the expenses incurred shall be borne by the contractor.

7.3 Subcontracting project acceptance shall be based on the construction acceptance specifications, quality inspection standards and construction drawings issued by the State. Within 28 days after the completion of the subcontracted construction, the contractor and the contractor shall jointly handle the written acceptance procedures. If the inspection is overdue, the contractor shall If the construction is completed or put into use, it shall be deemed to meet the contract requirements and the project shall be handed over.

7.4 The quality standards of this project are as follows: _________________________.

Article 8 Delay in construction period

8.1 If the completion date is delayed due to the following reasons, the construction representative of the contractor shall confirm that the construction period will be postponed accordingly.

a. Force majeure such as explosions, fires, etc. caused by war, turmoil, natural disasters or non-contractor contractor’s responsibility;

b. Design changes and increased engineering volume;

c. The contractor fails to pay the labor service fee according to the contractual date, resulting in the construction failure;

d. The contractor submits the application in writing, but still fails to obtain the necessary construction instructions, engineering materials, drawings, etc. from the contractor, resulting in the construction cannot be carried out normally;

e. Within one week, the non-contractor’s reason for water stoppage, power outage, gas stoppage or unsatisfactory supply of machinery caused work stoppage and accumulated more than 8 hours of work;

f. The contractor agrees to other circumstances in which the construction period is postponed.

8.2 The Contractor shall, within 7 days after the occurrence of the above-mentioned situation, submit a written report to the Employer's construction representative on the delay and the resulting economic expenses. The Employer shall give a written reply on the extension of the completion date and compensation for economic losses within 7 days. If the contractor fails to submit a written report within the time limit, it shall be deemed to have waived this right; the contractor shall not submit a revised opinion if it fails to reply within the time limit and considers it to acknowledge this fact.

8.3 If the above-mentioned reasons are not delivered in accordance with the contractual period, the parties agree:

Article 9 Civilization Construction

9.1 The contractor and the contractor shall strictly implement the “Interim Provisions on Construction Site Management” issued by the Beijing Municipal People's Government, strengthen scientific management, and adhere to civilized construction.

9.2 The contractor shall provide the contractor with construction conditions that meet the standards. If the contractor fails to provide on-site accommodation and the contractor agrees that the contractor shall solve the accommodation by himself, the contractor shall compensate according to the standard.

9.3 The civilized construction standards for this project are as follows: __________________________.

Article 10 Supply of materials and equipment

10.1 The mechanical equipment provided by the Employer for this Project is: ________________________________

The contractor's own tools are: ______________________________________________ Both parties confirm that the protective equipment is borne by ______________.

10.2 The tools provided by the contractor shall be brought into the site. The mechanical equipment and protective equipment provided by the contractor shall be purchased by the contractor and supplied to the construction site.

10.3 The contractor shall abide by and implement the contractor's materials and equipment license regulations, and shall jointly check the materials and equipment used with the contractor, perform the written and return procedures, and use the equipment of the borrower to be used in strict accordance with the operating procedures. , strengthen maintenance.

10.4 For the use and maintenance of the engineering materials and tools, the parties agree as follows: _________________________________________

Article 11 Cultural Relics Protection

For the cultural relics found during construction, the contractor shall immediately protect the site and notify the contractor in writing within 4 hours. The contractor shall report to the cultural relics management department within 24 hours after receiving the written notice, and shall take appropriate measures at the request of the cultural relics management department. Protection measures. If the cultural relics are concealed and not reported, the responsible person shall bear the administrative and legal responsibilities according to law. The cost of protecting cultural relics shall be borne by the Employer.

Article 12 Rights and Obligations of the Employer

12.1 Responsible for providing construction sites with construction conditions such as site, road, water and electricity, etc., responsible for the organization and coordination of engineering construction and the technical, quality, safety and field capacity.

12.2 Responsible for providing construction drawings _______ sets on _______ years _______ months______ days, providing necessary technical information and handling construction negotiations.

12.3 Responsible for organizing construction inspection, inspection and acceptance, supervising the contractor's project progress, project quality, safety production and construction according to the drawings, material use and administrative affairs.

12.4 Responsible for solving technical problems that exist or occur during construction.

12.5 Responsible for organizing the drawing review and technical disclosure, preparing the construction organization design and the overall construction period control plan, and reviewing the detailed construction work plan prepared by the contractor.

12.6 Responsible for the coordination and cooperation between the various types of work and processes in the project. If the contractor finds any breach of the contractual agreement in terms of safety, quality, construction period and appearance, the contractor shall submit a rectification opinion in writing to urge the contractor to carry out the rectification. .

12.7 Responsible for the acceptance of the organization of the project.

12.8 The construction representative of the project contractor is __________, responsible for the management and coordination of daily construction. The contractor may also entrust _____ to have the authority to sign the employment on the spot and handle the change of the formalities. If there is any change in personnel, the contractor shall be notified 7 days in advance.

Article 13 The rights and obligations of the contractor

13.1 The contractor must carefully review the workers who have established labor relations with them to ensure the political quality, physical quality and technical level of the personnel. The age of the workers must not be less than 18 years old and no more than 60 years old.

13.2 The contractor shall register his or her workmanship as an attached file of this contract.

13.3 In the construction and production process, the contractor must ensure that the personnel are relatively stable and cannot change the filed personnel at will. The rate of change of personnel is less than ___%, subject to the overall arrangement of the contractor and unified transfer.

13.4 When the contractor cannot guarantee continuous production for any reason, the contractor may make temporary adjustments to the team without affecting the production task of the contractor. The adjusted personnel shall issue a written notice to the contractor and go through the formalities for change.

13.5 The contractor must construct according to the construction drawings and instructions. If there are reasonable suggestions, the contractor should obtain the consent of the contractor and change the formalities after the written negotiation. During the construction, attention should be paid to the protection of finished products, semi-finished products, and the use of mechanical equipment and tools provided by the contractor.

13.6 The contractor shall educate the workers on safety production, food hygiene, traffic safety and prevention of gas poisoning, consciously abide by the on-site management requirements of the contractor, obey the guidance, education, supervision and inspection of the relevant personnel of the contractor, and timely issue the package. The person provides information and information.

13.7 The contractor confirms that _______ is the construction representative stationed at the construction site and is responsible for the management and coordination of daily construction.

Article 14 Liability for breach of contract

14.1 Contractor’s liability for breach of contract

14.1.1 Due to the reason of the contractor's work stoppage, the contractor shall compensate the contractor for the loss according to the actual situation. Shutdown and work shall be handled in writing as the basis for final accounts. When the contractor has insufficient tasks or cannot continue to perform the contract for any reason, the parties may terminate the contract in advance after negotiation.

14.1.2 Due to the quality of the project caused by the wrong command of the contractor's construction personnel, the economic loss and related responsibilities shall be borne by the contractor.

14.1.3 If the contractor fails to pay the labor service fee or the balance of the final settlement price, the contractor may issue a notice of payment to the contractor. After the contractor receives the notice from the contractor, it still cannot pay as required, and may negotiate with the contractor. Signing the deferred payment agreement, with the consent of the contractor, may delay the payment of the payment of the labor service or the final settlement price of the contractor, and the parties have not reached the deferred payment agreement. The contractor has the right to inform the contractor in writing of the reasons and withdraw the personnel. And recover the arrears and damages according to law.

14.1.4 If the contractor violates the financial management regulations and pays the labor service fee in violation of the contract, in addition to correcting the breach of contract payment behavior, it shall also bear joint and several liability for the economic losses suffered by the contractor and the faulty party within the scope of the breach of contract payment.

14.2 Contractor’s liability for breach of contract

14.2.1 If the contract period is delayed due to the contractor's reasons or the quality of the project is not satisfactory, the contractor may terminate the contract and request the contractor to withdraw from the construction site within _______ days. The contractor shall withdraw from the construction site, but the contractor shall withdraw from the construction site. Within the time limit for the contractor to withdraw from the construction site, a written agreement shall be reached with the contractor on the settlement matters or the supervision company, the contractor and the contractor shall jointly sign the completed project quantity.

14.2.2 If the contractor fails to enter the site according to the construction team selected by the contractor, the contractor has the right to request the contractor to make replacements and adjustments. When the contractor cannot adjust, the contractor has the right to temporarily not arrange the construction tasks and notify the contractor in writing. Until the contract is terminated.

14.2.3 Due to the contractor's responsibility for quality accidents and delays in construction period, the loss of materials shall be borne by the contractor.

Article 15: Settlement of contract disputes

In the event of a dispute arising from the performance of the contract, the two parties first negotiated, and if the negotiation fails, they may apply to the relevant department for mediation. If the parties are unwilling to settle, mediate or settle or mediate, they may agree to resolve the dispute in the following ways:

1. Apply to the Beijing Arbitration Commission for arbitration.

2. Prosecuted in the ___________ People's Court.

Article 16 Effectiveness and Termination of the Contract

This contract shall become effective after being signed and sealed by the legal representatives or entrusted agents of both parties. The legal representative shall produce proof of identity and the entrusted agent shall produce a certificate of entrustment.

This contract is terminated after the completion of the subcontracted work and the settlement of the final settlement of the project.

Article 17

The original of this contract is in triplicate and has the same legal effect. Each party holds one copy, keeps one copy for the record, and copies ____ copies.

Article 18

Matters not covered in this contract may be included in other matters after consultation between the two parties, and other matters have the same effect as the main text.

The agreement signed outside this contract, etc., is inconsistent with this contract.