Construction decoration project construction contract

[Contract Model] Part 1 Contract Conditions

First, the meaning of the word and the contract file

The meaning of the first word. In this contract, the following terms shall have the meanings given in this article, unless otherwise agreed in the terms of the agreement:

1. Contract: refers to the agreement between the contractor and the contractor to establish clear mutual rights and obligations for the implementation of the project. Including the terms of the contract, the terms of the agreement, and all the files related to the contract agreed by both parties.

2. Terms of the agreement: refers to the terms of the agreement between the contractor and the contractor in addition to the contractual conditions in combination with the specific project.

3. Employer: The party that has the qualification of the project contractor and the ability to pay the project price as agreed in the terms of the agreement.

Party A's specific identity, scope, license, and nature must be agreed in the terms of the agreement.

4. Contractor: The party with the contractual material of the project as agreed in the terms of the agreement and accepted by Party A.

5. Party A's representative at the construction site: the person in charge of the performance contract specified by Party A in the terms of the agreement.

6. Party B's representative at the construction site: the person in charge of the performance contract specified by Party B in the terms of the agreement.

7. Social supervision: Party A entrusts the construction supervision unit with legal qualifications to supervise the project.

8. Supervisor engineer: The chief in charge of the supervision appointed by the project construction supervision unit.

9. Design unit: The design unit entrusted by Party A with the corresponding qualification level of the project.

Party A shall entrust Party B to design part or all of the decoration of the contract project or the decoration of the second and above, and Party B shall have the corresponding design qualification. Party A and Party B shall sign the design contract separately.

10. Engineering: refers to the project to modify the appearance and interior of buildings and structures in order to achieve certain environmental quality requirements for the interior and exterior spaces of buildings and structures. Includes decorative treatment of the surface of old buildings and their facilities.

11. Project cost management department: The construction administrative department at all levels or its authorized construction project cost management department.

12. Engineering quality supervision department: Construction administrative department at all levels or its authorized construction quality supervision agency.

13. Contract price: The total amount agreed by Party A and Party B in the terms of the agreement to pay Party B the completion of all project contents in accordance with the contract. The contract price of the bidding project is the winning bid price.

14. Additional contract price: The contract price that occurs during the construction and is increased by the method of calculating the contract price after being confirmed by Party A.

15. Fees: Party A needs to pay directly for the expenses other than the contract price or the expenses that Party B should bear.

16. Duration: The number of days in the contract, as calculated by the terms of the agreement.

17. Date of commencement: Absolute or relative date of commencement of work as agreed in the terms of the agreement.

18. Completion Date: The absolute or relative date of completion of the project as agreed in the terms of the agreement.

19. Drawings: All drawings submitted by Party A or approved by Party A and approved by Party B for construction.

20. Segmentation or divisional engineering: The terms of the agreement constitute any segment or divisional project that constitutes the entire project.

21. Construction site: Provided by Party A, and agreed in the terms of the agreement, the site for Party B to construct, operate, transport, and stack materials and the surrounding sites involved in Party B's construction.

22. Construction equipment and facilities: Equipment or facilities provided by Party A for construction and management in accordance with the terms of the agreement.

23. Bill of quantities: A detailed list of the amount of work for all projects calculated by the Employer in the bidding file and calculated according to the statutory calculation method.

24. Written form: various notices, certificates, certificates, visas, agreements, memoranda, letters and confirmed meeting minutes, telegrams, telexes, etc., handwritten, printed, rewritten, printed according to the contract.

25. Force Majeure: Refers to waterfalls, fires caused by war, turmoil, falling of flying objects or other non-Party B responsibilities, and natural disasters as stipulated in the terms of the agreement.

The second contract file and the order of interpretation.

The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation are as follows:

1. Terms of the agreement;

2. Contractual conditions;

3. Negotiating, changing, etc., clearing the minutes and agreements of the rights and obligations of both parties;

4. Construction project construction contract;

5. Supervision contract;

6. Bidding files, tenders and notices of winning bids for bidding and contracting projects;

7. The bill of quantities or the project budget and drawings for determining the project cost;

8. Standards, specifications and other relevant technical and economic data, requirements;

When the contract file is ambiguous or inconsistent, it shall be interpreted by both parties. If the negotiation fails, the solution shall be settled in accordance with the provisions of Article 35 of the agreement.

Article 3 The language, standards and applicable laws used in the contract file.

The contract file is written, interpreted and explained in minority languages ​​as agreed in Chinese or in the terms of the agreement.

National standards and specifications agreed in the terms of the agreement must be used in the construction. When there are no national standards or norms, there are industry standards and norms, and use industry standards and norms; there are no national and industry standards and norms, and local standards and norms are used. Party A shall provide Party B with two agreed standards and specifications at the time agreed upon in the terms of the agreement.

When there is no corresponding standard or standard in China, Party B shall submit the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be implemented after approval by Party A and the design unit. If Party A requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.

The laws applicable to contract files are the laws and regulations of the state and the regulations stipulated in the terms of the agreement.

The fourth drawing.

Party A shall provide Party B with complete construction drawings within 7 days prior to the commencement date in accordance with the date and number of copies as agreed in the terms of the agreement. Party B shall meet the number of drawings agreed by both parties to the terms of the agreement, and Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.

When using foreign or overseas drawings, if the construction needs are not met, the parties shall stipulate the responsibility and expense of copying, redrawing, translating, and purchasing standard drawings in the terms of the agreement.

Second, the general responsibility of both parties

Article 5 Representative of Party A.

The representative of Party A shall exercise the rights stipulated in the contract in accordance with the following requirements and perform the obligations stipulated in the contract:

1. A representative of Party A may appoint relevant management personnel to exercise part of his or her rights and responsibilities and may withdraw such appointments at any time. Both the delegation and the withdrawal shall be notified to Party B 7 days in advance.

2. The instructions and notices of the representative of Party A shall be signed by the person in writing and submitted to the representative of Party B in writing. The representative of Party B shall take effect after signing the name and receiving the time on the execution. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 hours. Party B shall submit a written confirmation request within 7 days after Party A’s export order is issued. Party A’s request for confirmation from Party B shall be 24 hours. After the reply is not given, it is deemed that Party B's request has been confirmed. Party B believes that Party A’s representative order is unreasonable and should submit a written notice within 24 hours after receiving the order. Party A’s representative will make a modification order or continue to execute the original order within 24 hours after receiving Party B’s application, and notify in writing. Party B. In an emergency, Party A’s request for immediate execution of Party B or Party B’s objection, but Party A’s decision to continue execution, Party B shall execute it. The additional contract price incurred due to the wrong instruction and the loss caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.

3. Party A's representative shall, in accordance with the contract, promptly provide Party B with the required instructions, approvals, drawings and other obligations. Otherwise, Party B shall notify Party A's representative of the specific requirements, the reasons for the reasons and the consequences of the delay within 24 hours after the agreed time. If Party A's representative does not reply within 48 hours after receiving the notice, he shall bear the cost of recovering the contract. And compensate Party B for the relevant losses, and the delay of the construction period shall be postponed accordingly.

Party A shall represent Yiren, and Party A shall notify Party B 7 days before the change of the company, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract.

Article 6 entrusts supervision.

Party A shall entrust supervision with the project and shall sign a supervision contract with the supervision unit. And in the terms of this contract agreement, the supervisory unit, the chief engineer, and the duties to be performed shall be clarified.

The duties of the chief engineer and the representative of Party A in this contract cannot be crossed.

Without the consent of Party A, the Supervisory Engineer and his representative shall not be entitled to terminate any of the obligations of Party B in this contract.

In the performance of the contract, when an incident affecting the rights and obligations of Party A and Party B occurs, the chief management engineer shall make a fair treatment.

In order to ensure the normal operation of the construction, both parties should respect the decision of the chief engineer. When there is any objection to the decision of the chief engineer, it shall be handled in accordance with the terms of the agreement.

The chief management engineer is easy to be a person. Party A shall notify Party B at the same time after receiving the notice from the supervisory unit, and continue to perform the rights and obligations assigned to the predecessor.

Article 7 Party B's representative at the construction site.

Party B appoints the person in charge of the construction site to exercise the contractual rights in accordance with the following requirements and fulfill the obligations stipulated in the contract:

1. Party B's request, request and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative will take effect after signing the name on the execution and receiving the time.

2. The representative of Party B shall organize the construction according to the construction organization design approved by the representative of Party A and the instructions and instructions issued according to the contract. In case of emergency and unable to contact with the representative of Party A, emergency measures to protect the life and engineering and property safety of the personnel may be taken, and a report shall be sent to the representative of Party A within 24 hours after the measures are taken. Responsibility is in Party A. Party A shall bear the additional contract price incurred as a result, and the construction period shall be postponed accordingly; the responsibility shall be borne by Party B and Party B shall bear the expenses.

Party B shall represent the person in charge, and Party B shall notify Party A 7 days before the change of the person, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract file.

Article 8 Party A's work.

Party A shall complete the following work in one or several phases in accordance with the content and time agreed in the terms of the agreement:

1. Provide the site required for construction, and remove all obstacles affecting the construction of Party B in the construction site; or bear the costs incurred by Party B in the corresponding measures taken in the construction of the site that is not vacated, and include it in the contract price;

2. Provide Party B with pipelines for water, electricity, heat, telecommunications, etc. required for construction, from the outside of the construction site to the place agreed in the terms of the agreement, and ensure the needs of Party B during construction;

3. Responsible for the contact and coordination of the municipal supporting departments involved in the project and the relevant local departments;

4. Coordinate the relationship between the construction units of each cross-operation in the construction site to ensure the smooth construction of Party B according to the contract;

5. To apply for the approval of the relevant approval documents, certificates and temporary land required for construction;

6. Organize the relevant units to conduct the drawing review and submit the design to Party B;

7. Provide Party B with the construction equipment and facilities agreed upon in the terms of the agreement.

Party A does not complete the above work according to the content and time agreed in the terms of the agreement, resulting in delays in the construction period, and the additional contract price incurred thereby, and compensation for Party B's relevant losses, and the construction period shall be postponed accordingly.

Article 9 Party B's work.

Party B shall do the following work according to the time and requirements stipulated in the terms of the agreement:

1. Within the scope permitted by the design qualification certificate, complete the construction drawing design or the design supporting the project in accordance with the terms of the agreement, and use it after approval by the representative of Party A;

2. Provide the Party's representative with the annual, quarterly and monthly project progress plans and corresponding statistical reports and engineering accident reports;

3. In the construction site constructed by Party B after vacating, provide lighting and guards, guards, fences and guards for non-night construction in accordance with engineering and safety requirements. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred;

When constructing a new construction project or a building that is not vacant, the above facilities and personnel shall be responsible for the construction contractor or the building use unit, and Party B shall not bear any responsibility and expenses.

4. Comply with the local government and relevant departments' management regulations on construction site traffic and construction noise. If Party A's representative agrees to complete the relevant formalities, Party A shall bear the expenses incurred. Except for fines caused by Party B’s liability;

5. Comply with all the regulations and requirements of the government and relevant departments on the construction site, and bear the losses and fines caused by violation of relevant regulations for their own reasons;

6. Protect the building structure and corresponding pipelines and equipment in accordance with the terms of the agreement;

7. Before the completion project has not been delivered to Party A for acceptance, it is responsible for the protection of the finished product, and damage occurs during the protection period. Party B shall repair it at its own expense. If the third party causes damage, the responsible party shall be responsible for the repair through Party A's coordination; or Party B shall repair it, and Party A shall bear the additional contract price. The sub-section or sub-project that requires Party B to take special measures for protection shall be borne by Party A and agreed in the terms of the agreement. Party A shall use it before the completion acceptance, and Party A shall bear the repair cost of the damage. As Party B fails to perform the above obligations, resulting in delays in construction and economic losses, the responsibility shall be borne by Party B.

Third, construction organization design and construction period

Article 10 Construction organization design and progress plan.

Party B shall submit the construction organization design and progress plan to Party A's representative on the date agreed in the terms of the agreement. The representative of Party A shall approve or propose the modification according to the time agreed in the terms of the agreement. If it is overdue, it shall be deemed that the construction organization design and progress plan have been approved. Party B must organize the construction according to the approved progress schedule, and accept the inspection and supervision of the progress of Party A's representatives. When the actual progress of the project does not match the progress plan, B shall propose measures according to the requirements of the representative of Party A, and the representative of Party A shall implement it after approval.

Article 11 is postponed.

Party B shall begin construction according to the commencement date as stipulated in the terms of the agreement. Party B shall not start work on time and shall, within 7 days prior to the commencement date stipulated in the terms of the agreement, submit to the representative of Party A the reasons and requirements for the extension of the commencement of work. Party A’s representative replied to Party B within 7 days. Party A's representative will not reply within 7 days, and he is deemed to have agreed to Party B's request, and the construction period will be postponed accordingly. The representative of Party A does not agree to the extension request or Party B does not request the extension of the construction within the specified time, and the completion period will not be postponed.

After Party A has obtained the consent of Party B and notified Party B in writing, it may request to postpone the commencement date and bear the additional contract price caused by Party B, and accordingly extend the construction period.

Article 12 Suspension of construction.

Party A may request Party B to suspend construction when it is necessary, and submit a handling opinion within 48 hours after the request is made. Party B shall stop construction at the request of Party A and properly protect the completed project. After Party B implements the opinions of Party A's representatives, it may request a resumption of work. Party A's representative shall give a reply within 48 hours. Party A's representative failed to submit a handling opinion within the stipulated time, or did not reply within 48 hours after receiving Party B's request for a return to work. Party B may return to work on its own. The responsibility for work stoppage is in Party A. Party A shall bear the additional contract price and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, and Party B shall bear the expenses incurred. As the representative of Party A did not respond in time, the construction could not be carried out. Party B may think that Party A has partially or completely canceled the contract, and Party A shall be liable for breach of contract.

Article 13 Delay in construction period.

Due to the following reasons, the construction period is delayed, and the representative of Party A confirms that the construction period will be postponed accordingly.

1. Party A cannot provide the conditions for commencement of work as agreed in the terms of the agreement;

2. Engineering quantity changes and design changes;

3. Within one week, non-party B reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;

4. The project was not paid on time;

5. Force majeure;

6. Other stoppages other than Party B reasons.

Within 7 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the additional contract price incurred. The representative of Party A shall confirm and reply within 7 days after receiving the report, and shall not reply within the time limit. Party B shall not reply. Can be considered as an extension and the request has been confirmed.

For the above reasons, the project cannot be completed according to the contractual period, and Party B shall be liable for breach of contract in accordance with the terms of the agreement.

Article 14 The construction period is advanced.

If the construction needs to be completed in advance, the two parties should sign an early completion agreement after the agreement. Party B shall amend the progress plan according to the agreement and report to Party A for approval. Party A shall give approval within 7 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements:

1. Advance time;

2. The measures taken by Party B to catch up;

3. The conditions provided by Party A for the rush to work;

4. Additional contract price and commitment for the hurrying measures;

5. Sharing the benefits of early completion.

Fourth, quality and inspection

Article 15 Engineering sample.

According to the terms of the agreement, the sample room produced by Party B shall be sealed by both Party A and Party B after passing the inspection by the representative of Party A. The model room is the physical standard for the completion and acceptance of Party A. The full cost of making the model room shall be borne by Party A.

Article 16 Inspection and rework.

Party B shall carefully follow the standards, specifications, design and inter-model standards and the instructions issued by Party A's representative in accordance with the contract, and accept the inspection and inspection of Party A's representatives and their assigned personnel at any time to facilitate the inspection and inspection, and according to Party A's representative. Responsible for rework and modification, and the expenses incurred for rework and modification due to their own reasons. Party A shall bear the additional contract price caused by Party A’s incorrect correction or other reasons.

After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still subject to the responsibility and expenses incurred by Party B, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.

Inspection and inspection after passing inspection and inspection shall not affect the normal operation of the construction. If the construction is affected normally, the inspection and inspection will be unqualified, and the expenses affecting the construction shall be borne by Party B. In addition to this, the additional contract price affecting normal construction shall be borne by Party A, and the construction period shall be extended accordingly.

Article 17 Project quality level.

The quality of the project should meet the qualification requirements of the national or professional quality inspection and evaluation standards. Party A requires that some or all of the project quality meets the excellent standards, and the additional contract price to be increased shall be paid. The impact on the construction period shall be extended accordingly.

If the party fails to meet the agreed conditions, Party A's representative may request Party B to rework, and Party B shall rework according to the requirements of Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework, and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract. If Party A fails to meet the agreed conditions, Party A shall bear the additional contract price for rework, and the construction period shall be postponed accordingly.

Both parties have disputes over the quality of the project. The terms of the agreement stipulate that the quality supervision department should mediate, the mediation fee and the losses caused by it shall be borne by the responsible party.

Article 18 Concealed works and intermediate acceptance.

The project has concealed conditions or intermediate acceptance points agreed upon in the terms of the agreement. After Party B passes the self-inspection, Party B shall notify Party A to participate 48 hours before the concealment and intermediate acceptance. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. Party B prepares the acceptance record. After the acceptance is passed, the representative of Party A can sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B will re-accept it after modification within a limited time. The project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.

Party A's representatives cannot participate in the acceptance on time. They must submit an extension request to Party B 24 hours before the start of acceptance. The extension cannot be more than two days. Party A's representative fails to submit the extension request according to the above time, and does not participate in the acceptance. Party B can organize the acceptance by itself. Party A shall acknowledge the acceptance record.

Article 19 re-inspection.

Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project that has been accepted, Party B shall be stripped as required and concealed after re-concealment or repair after inspection. If the inspection is qualified, Party A shall bear the additional contract price incurred thereby, and compensate Party B for the loss and correspondingly extend the construction period. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.

V. Contract price and payment method

Article 20 Contract price and adjustment.

After the contract price and payment method are agreed in the terms of the agreement, neither party may change it without authorization. One of the following conditions can be adjusted:

1. The increase or decrease in the amount of work confirmed by the representative of Party A;

2. A design change or project negotiation confirmed by the representative of Party A;

3. The price adjustment announced by the project cost management department;

4. Within one week, the reasons for non-Party B caused water cuts, power outages, and gas outages to exceed 8 hours;

5. Other additions, subtractions or adjustments as agreed in the terms of the agreement.

The parties agreed in the terms of the agreement to adjust the method and scope of the contract price. When Party B needs to adjust the contract price, Party B shall notify Party A in writing of the reason and amount of the adjustment within the number of days agreed upon in the terms of the agreement. Party A shall notify the handling bank and Party B upon approval. If Party A's representative does not reply within 7 days after receiving the notice from Party B, it is deemed to have been approved.

For fixed price contracts, both parties shall stipulate in the terms of the agreement the amount of risk given by Party A to Party B or the risk factor according to the contract price, and the parties shall agree on the scope of risk that Party B shall bear within the fixed price.

Article 21 The project payment is prepaid.

Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the terms of the agreement, and deduct it from time to time according to the time and proportion agreed in the terms of the agreement. Party A does not agree to prepay the project payment according to the terms of the agreement. Party B shall send Party A a notice requesting prepayment of the project payment within 7 days after the agreed prepayment time. Party A shall not be able to prepay the project payment as required after receiving the notice. Party B may issue After 7 days from the notice, the construction shall be stopped. Party A shall pay Party B the interest payable and pay the liability for breach of contract from the date of payment.

Article 22 The verification of the quantity of the project shall be confirmed.

Party B shall submit a report of the completed amount of work to the representative of Party A at the time agreed in the terms of the agreement. Party A shall verify the number of completed projects according to the design drawings within 7 days after receiving the report, and notify Party B 24 hours in advance. Party B provides convenience for measurement and sends people to participate.

Party B shall not participate in the measurement without justified reasons, and Party A's representative shall conduct it on its own, and the measurement result shall be deemed effective, as the basis for payment of the project price. Party A's representative did not measure within 7 days after receiving Party B's report. From the 8th day onwards, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project payment. The representative of Party A shall not notify Party B according to the agreed time, so that Party B cannot participate in the measurement and the measurement result is invalid.

The representative of Party A shall not measure the amount of work that is caused by the increase of the amount of work required by Party B beyond the design drawings and the rework caused by its own reasons.

Article 23 Payment of construction funds.

Party A shall calculate the project price according to the time and method agreed upon by the terms of the agreement, based on the amount of work confirmed by the representative of Party A, and shall be paid by the representative of Party A after signing the contract. Party A shall not pay the payment more than 7 days after the signing of the measurement result. Party B may issue a notice of payment to Party A. Party A shall not pay according to the request after receiving the notice from Party B. Party B may stop the construction 7 days after the notice is given. Party A Bear the responsibility for breach of contract.

After Party B agrees and signs the agreement, Party A may postpone the payment. The agreement shall clearly stipulate the date of payment, and Party A shall pay Party B the interest payable on the project payable from the 8th day after the signing of the measurement result.

Sixth, material supply

Article 24 Material samples or samples.

Material samples or samples should be provided in advance, regardless of the supply of either Party A or B. Sealed by both parties after acceptance, as the physical standard for material supply and completion acceptance. The type of material specified by Party A or the design unit, and the sampler shall provide samples or samples of the specified style, hue and specifications.

Article 25 Party A provides materials.

Party A shall provide Party B with materials and product qualification certificates in accordance with the types, specifications, quantities, unit prices, quality grades, and lists of time and place of materials agreed upon in the terms of the agreement. Party A's representative shall send the notice to Party B 24 hours before the acceptance of the materials provided, and Party B shall send the person to check with Party A. Regardless of whether Party B sends people to participate in the acceptance, Party B shall keep it in good condition after acceptance, and Party A shall pay the corresponding storage fee. If damage or loss occurs, Party B shall be responsible for compensation. Party A shall not notify Party B of the acceptance according to the regulations, and Party B shall not be responsible for the storage of materials and equipment, and Party A shall be responsible for the damage or loss.

The materials supplied by Party A do not match the list or sample, and are handled separately as follows:

1. The unit price of the material does not match the list, and Party A bears all the difference;

2. If the type, specification, model and quality grade of the material do not match the list or sample, Party B may refuse to accept the storage and shall be transported out of the construction site by Party A and re-purchased;

3. The place of arrival does not match the list, and Party A is responsible for the shipment to the agreed place;

4. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When there is more than the list quantity, Party A is responsible for transporting the excess part out of the construction site;

5. The supply time is earlier than the time specified in the list, and Party A shall bear the custody expenses incurred as a result.

The additional contract price caused by the above reasons or later than the time specified in the list shall be borne by Party A. Delays occur, the construction period is postponed accordingly, and Party A compensates Party B for the losses caused.

After Party B's inspection is difficult, it still finds that it does not conform to the specifications and quality grades of the list and samples. Party A shall also bear the additional contract price for re-purchasing and rework, and correspondingly extend the construction period.

Article 26 Party B supplies materials.

Party B shall, in accordance with the terms of the agreement, procure the materials required for the project in accordance with the requirements of the design, specifications and samples, and provide proof of product qualification. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that are inconsistent with the design, specification and sample requirements, Party A's representative shall prohibit the use of Party A. The Party shall, in accordance with the time required by Party A's representative, appear in the field to re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. . Party A failed to meet and accept the goods on time. Later, it was found that the materials did not meet the specifications, design and sample requirements. Party B should still dismantle, repair and repurchase, and bear the expenses incurred. The delay in the construction period will be delayed accordingly.

Article 27 Material testing.

For materials that must be tested before use, regardless of the supply of either Party A or Party B, Party B shall conduct tests for fire retardant and toxic reactions according to the terms of the agreement. If the test conditions are not met, the professional organization may be entrusted to conduct the test, and the expenses shall be borne by Party A. If the test result is unqualified, the purchase shall be stopped. If it has been purchased and shipped to the site, it shall be immediately presented by the purchaser. The purchase cost of all materials shall be borne by the purchaser. If the materials specified by Party A or the design unit are unqualified, Party A shall bear the purchase cost of all materials.

Seven, design changes

Article 28 Party A changes the design. Party A shall notify Party B 7 days prior to the construction of the project. If Party B has already completed the construction of the project, Party A shall notify Party B in time to change the design, and Party B shall stop the construction immediately upon receiving the notice.

Due to the design change, the backlog of Party B's materials shall be handled by Party A and shall bear all processing costs.

Due to the design change, the total additional contract price and corresponding losses required for Party B's rework shall be borne by Party A, and the construction period shall be extended accordingly.

Article 29 Party B changes the design.

Party B's proposal for rationalization involves the change of design and the replacement of the original materials, which must be approved by Party A and relevant departments. The amount of savings proposed by the rationalization will be shared by both parties.

Article 30 The impact of design changes on the project.

All design changes, both parties should apply for a change of visa. After the design change occurs, Party B shall, according to the requirements of Party A's representative, make the following changes to the project:

1. Increase or decrease the number of projects agreed in the contract;

2. Change the nature, quality and specifications of the project;

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

4. Add additional work required for the project;

5. Change the construction time and sequence of the project.

Article 31 Determine the price and duration of the contract.

After the design change occurs, Party B shall propose the change price according to the following methods during the negotiation period between the two parties, and adjust the contract price after the approval of the representative of Party A:

1. The price applicable to the change project is already in the contract, and the contract price is changed according to the existing price of the contract;

2. There is only a price similar to the change in the contract, which can be used as a basis to determine the price change and change the contract price;

3. There is no applicable and similar price in the contract, and Party B shall propose an appropriate price change and send it to the representative of Party A for approval.

The design change affects the construction period, and Party B proposes to change the construction period and send the representative of Party A to approve the completion date.

Party A's representative disagreed with Party B's proposed price change and construction period. Within 7 days after Party B's proposal, Party B shall notify Party B to request the project cost management department or the relevant construction period management department to rule that there is any objection to the ruling and shall be resolved in accordance with the method stipulated in Article 35.

8. Completion and settlement

Article 32 Completion acceptance.

The project has the conditions for completion and acceptance, and Party B shall provide complete completion information and completion acceptance report to Party A in accordance with the relevant provisions of the national project completion acceptance. Submit the as-built drawings to Party A according to the date and number of copies agreed upon in the terms of the agreement. After receiving the completion acceptance report, the representative of Party A shall organize the relevant departments to accept the acceptance within the time limit stipulated in the terms of the agreement, and give approval or propose amendments within 7 days after the acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.

Party A's representative shall not organize the acceptance within 7 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 7 days after acceptance, and cannot make amendments. If the completion acceptance report has been approved, it can be processed. Settlement procedures.

The date of completion is the date on which Party B submits the completion acceptance report. If it is necessary to modify the completion requirements, it shall be the date on which Party B will submit the acceptance after Party B has revised it.

Party A shall not organize the acceptance according to the date agreed upon in the terms of the agreement, and shall bear the custody fee from the day after the last day of the agreed time limit.

For special reasons, when some projects or parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.

Article 33 Completion settlement.

After the completion report is approved, Party B shall submit a settlement report to the representative of Party A according to the relevant provisions of the State or the time and manner agreed in the terms of the agreement, and complete the settlement and settlement. After receiving the settlement report, Party A's representative shall give approval or propose amendments within 7 days, and send the appropriation notice to the bank for payment of the project payment within the time specified in the terms of the agreement, and send a copy to Party B. Party B will deliver the completed project to Party A within 14 days after receiving the project payment.

Party A shall not settle the settlement within 14 days after receiving the completion report without proper reasons. From the 15th day, the interest of the construction fund shall be paid according to the highest interest rate of the construction enterprise to the bank during the same period, and the liability for breach of contract shall be assumed.

Article 34. Warranty.

Party B shall carry out the warranty and pay the warranty according to the warranty items, contents, scope, duration, warranty amount and payment method stipulated in the relevant provisions of the State and the terms of the agreement.

The warranty period begins on the date the representative of Party A signs the final acceptance record. For projects that are subject to individual acceptance, the warranty period is calculated separately for each project.

During the warranty period, Party B shall send someone to repair within 7 days after receiving the repair notice. Otherwise, Party A may entrust other units or personnel to repair it. If the cost of repair is caused by Party B, Party A shall deduct the amount from the warranty, and the insufficient part shall be delivered by Party B. Party A shall bear the expenses for repairs due to reasons other than Party B.

If the contracted price is set at the agreed rate, Party A shall settle the warranty within 14 days after the expiration of the warranty period, and return the remaining warranty and the interest calculated according to the agreed terms of the agreement. Party B.

IX. Disputes, breach of contract and claims

Article 35. Disputes.

Disputes arising during the execution of this contract shall be settled by both parties through negotiation or by the relevant department. If the parties are unwilling to negotiate, mediate settlement, or negotiate or mediate, the parties shall stipulate in the terms of the agreement that the arbitration committee shall arbitrate. If the parties have not agreed to an arbitration institution and have not reached a written arbitration agreement afterwards, they may file a suit in a people's court.

After a dispute arises, both parties shall continue to perform the contract except for the following circumstances, keep the construction continuous, and protect the completed project:

1. The contract is indeed unfulfilled;

2. The two parties agreed to stop construction;

3. The mediation request to stop the construction and is accepted by both parties;

4. The Arbitration Commission requested to stop the construction;

5. The court requested that construction be stopped.

Article 36.

Party A's representative can't give necessary instructions, confirmation, approval in time, fail to pay according to the contract or perform other obligations, and other acts that make the contract impossible to perform, should bear the liability for breach of contract, correspondingly extend the construction period, and pay according to the terms of the agreement. Liquidated damages, compensation for losses caused by breach of contract to Party B.

Party B shall not be completed according to the contract period, the construction quality will not meet the requirements of design and specification, or other behaviors that cannot be performed by the use contract. Party B shall bear the liability for breach of contract, and Party A shall be required to pay liquidated damages according to the terms of the agreement, and compensation shall be paid for breach of contract. The losses caused by Party A.

Unless the parties agree to terminate the contract or fail to perform the contract due to a breach of contract by one party, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.

If the other party wants to suspend or terminate the entire contract, the other party shall notify the defaulting party in writing. The defaulting party must reply within 7 days from the date of receipt of the notice, and the reply shall not be agreed for more than 7 days. Suspension or termination of the contract, the defaulting party shall be liable for breach of contract.

Article 37. Claims.

Party A fails to provide conditions, pay various fees, extend the construction period, and compensate for losses according to the terms of the agreement. Party B may claim against Party A according to the following provisions:

1. Have a legitimate reason for the claim and have relevant evidence at the time of the claim;

2. Within 14 days after the occurrence of the claim, the intent of claiming the claim is sent to the representative of Party A;

3. Submit all and detailed claim information and amount to Party A's representative within 14 days after the intent to issue the claim;

4. Party A shall give approval within 7 days after receiving the claim assets, or request Party B to further supplement the claim reason and evidence. Party A does not reply within 7 days, and the claim is deemed to have been approved;

5. The parties agree to implement a package of claims, and the intention of the claim shall be submitted no later than 14 days before the date of completion of the project.

Ten, other

Article 38 Safe construction.

Party B shall take strict safety protection and fire prevention measures in accordance with relevant regulations, and shall bear the responsibility for property damage and casualties caused by its own reasons and the expenses incurred thereby. Responsible party shall bear the responsibility and related expenses for property losses and casualties caused by Party B’s liability.

In the event of a major casualty, Party B shall immediately report it to the relevant department and notify Party A's representative. At the same time, according to the requirements of the relevant government departments. Party A must provide the necessary conditions for the rescue. The expenses incurred shall be borne by the responsible party responsible for the accident.

Party B shall submit safety protection measures to the representatives of Party A before the construction of power equipment, high-voltage lines, underground pipelines, sealed earthquake-proof workshops, inflammable and explosive areas and temporary traffic lanes, and shall be implemented after approval by Party A's representatives. Party A shall bear the cost of protective measures.

In the construction of buildings that are not vacated and continue to be used, Party B shall make thorough safety protection and fire prevention measures to ensure the safety of the property and personnel within the building and report to Party A for approval. The cost of safety protection measures shall be borne by Party A.

In the construction of toxic and harmful environment, Party A shall provide corresponding protective measures in accordance with relevant regulations and bear relevant expenses.

Article 39 The use of patented technology and special processes.

Party A requires the use of patented technology and special processes, and is responsible for handling the corresponding declaration and approval procedures and undertaking the costs of declaration and experiment. Party B shall use it according to Party A's requirements and be responsible for experiments and other related work. Party B proposes to use the patented technology and special technology, and submit it to the representative of Party A for approval according to the above agreement.

The above expenses and the proceeds obtained shall be shared or shared by the parties in accordance with the terms of the agreement.

Article 40 Force majeure.

After the occurrence of force majeure, Party B shall promptly take measures to minimize the loss, and notify the representative of Party A of the disaster within 24 hours, and report the situation and the cost of cleaning and repair to Party A according to the time agreed in the terms of the agreement. The disaster continues to occur, and Party B shall report the disaster situation to Party A every 7 days until the end of the disaster. Party A shall provide the necessary conditions for disaster management.

The costs incurred due to force majeure shall be borne by both parties:

1. The damage of the project itself shall be borne by Party A;

2. Personnel casualties shall be borne by the subordinate unit and bear the corresponding expenses;

3. Party B shall bear the losses caused by the damage of equipment and machinery of Party B and the suspension of work;

4. The responsibility and expense of the required cleaning and repair work shall be signed by the two parties in a supplementary agreement.

Article 41 Insurance.

In the construction site, if both parties believe that there is insurance necessary, Party A shall, in accordance with the terms of the agreement, handle the life and property insurance of Party A and third party personnel in the building and construction site, and pay all expenses.

Party B shall handle the insurance for the life, property and machinery of its own personnel on the construction site and pay all expenses.

When Party B is subcontracted or constructed in a building that is not vacated, Party B shall handle all types of insurance.

If an accident occurs after the insurance is insured, Party B shall provide Party A with a report on the loss and valuation of the construction project within 14 days. If the damage continues to occur, Party B shall report it every 7 days after 14 days until the damage is over.

Article 42 The project shall be suspended or slowed down.

Due to force majeure and other reasons other than Party A and Party B, the project may be suspended or slowed down, so that the contract cannot continue to be performed. Party B shall properly carry out the work of protecting and transferring the completed materials and purchased materials and equipment, and shall have their own requirements according to Party A’s requirements. Mechanical equipment and personnel were evacuated from the construction site. Party A shall provide the necessary conditions for Party B to withdraw, pay the above fees, and pay the completed project price and compensation for Party B's losses according to the contract.

The materials and equipment that have been ordered shall be returned by the ordering party, and the expenses incurred for the refund of the goods and returns shall be borne by Party A. However, the loss caused by not returning in time shall be borne by the responsible party.

Article 43 The entry into force and termination of the contract.

This contract shall take effect from the effective date of the agreement. After completion settlement and Party A's payment is completed, Party B will deliver the project to Party A. Unless the relevant warranty terms are still in force, the other terms will be terminated. After the warranty period expires, the relevant warranty terms will be terminated.

Article 44 The number of contracts.

The original of the contract is two copies, with the same legal effect, and is signed and sealed by both parties. The number of copies shall be stipulated in the terms of the agreement and shall be distributed to the relevant departments by both parties.

Part II Agreement Clause

Party A:

Party B:

In accordance with the principles of the Economic Contract Law of the People's Republic of China and the Regulations on Contracts for Construction and Installation Contracts, in accordance with the specific circumstances of the project, the parties reached the following agreement.

The first project overview

1.1 Project Name:

construction place:

Contracting scope:

Contracting:

1.2 Start date:

Completion date:

Total calendar duration days:

1.3 Quality level:

1.4 Contract price:

Article 2 Contract File and Order of Interpretation

Article 3 Languages ​​and applicable standards and laws used in contract files

3.1 Contract language:

3.2 Applicable standards and specifications:

3.3 Applicable laws and regulations:

Fourth drawing

4.1 Drawing date provided:

4.2 Drawings provide sets:

4.3 Special confidentiality requirements and fees for drawings:

Article 5 Representative of Party A

5.1 Name and title of Party A's representative:

5.2 Party A's authority to delegate to Party A:

5.3 List of Party A delegates and scope of responsibility:

Article 6 Supervision Unit and Chief Engineer

6.1 Name of the supervision unit:

6.2 Director's name and title:

6.3 Director Management Engineer Responsibilities:

Article 7 Representatives of Party B in the construction site

Article 8 Party A's work

8.1 Provide time and requirements for construction sites with start-up conditions:

8.2 Time, place and supply requirements for water, electricity, telecommunications and other construction pipelines entering the construction site:

8.3 The need to contact and coordinate the work with the relevant departments and the completion time:

8.4 The work content and completion time of the relationship between the construction units need to be coordinated:

8.5 Handling documents, the name of the approval and the completion time:

8.6 Time for reviewing the drawings and design:

8.7 Contents of facilities provided to Party B:

Article 9 Party B's work

9.1 Construction drawings and supporting design names, completion time and requirements:

9.2 Provide the name, time and number of copies of the plan, report:

9.3 Requirements for construction site protection work:

9.4 Requirements for traffic and noise control at the construction site:

9.5 Meet the requirements of the construction site:

9.6 Measures to protect the structure of the building and the corresponding pipelines and equipment:

9.7 Measures for the protection of finished products:

Article 10 Progress Plan

10.1 Time for Party B to provide construction organization design and progress plan:

10.2 The time for the representative of Party A to approve the progress plan:

Article 11: Delayed construction

Article 12 Suspension of construction

Article 13 Delay in construction period

Article 14: The schedule is advanced

Article 15 Engineering Model

15.1 Requirements for engineering samples:

Article 16 Inspection and rework

Article 17 Project Quality Level

17.1 Additional Contract Price Required for Engineering Quality Level:

17.2 Name of Quality Assessment Department:

Article 18 Concealed works and intermediate acceptance

18.1 Intermediate acceptance site and time:

Article 19 Acceptance and re-inspection

Article 20 Contract Price and Adjustment

20.1 Form of contract price:

20.2 Adjustment method:

Article 21 Project Advance Payment

21.1 Total amount of prepaid work:

21.2 Prepaid time and ratio:

21.3 Deduction time and ratio:

21.4 Party A's liability for breach of contract not paid on time:

Article 22 Verification of the quantity of work

22.1 The time and requirements for Party B to submit the quantity report:

Article 23 Payment of Project Payments

23.1 Payment method of project payment:

23.2 Payment amount and time of project payment:

23.3 Party A's liability for breach of contract:

Article 24 Material samples or samples

Article 25 Party A supplies materials and equipment

25.1 Party A's requirements for materials and equipment:

Article 26 Party B purchases materials and equipment

Article 27 Material Testing

Article 28 Party A changes design

Article 29 Party B changes design

Article 30 The impact of design changes on the project

Article 31 Determination of the price of the change

Article 32 Completion Acceptance

32.1 Party B shall provide the contents of the completion acceptance information:

32.2 Time and number of copies submitted by Party B to the completion report:

Article 33: Completion settlement

33.1 Settlement method:

33.2 When Party B submits the settlement report:

33.3 When Party A approves the settlement report:

33.4 The time for Party A to deliver the notice of the grant to the handling bank:

33.5 Party A's liability for breach of contract:

Article 34 Warranty

34.1 Warranty content and scope:

34.2 Warranty period:

34.3 Warranty amount and payment method:

34.4 Warranty interest:

Article 35 Disputes

35.1 Solution of the dispute: The contract shall be disputed during the performance of the contract, and both parties shall resolve it in time. When the negotiation fails, both parties agree to be arbitrated by the ___ Arbitration Commission.