Construction project contract agreement

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.

Article 1 Project Overview

1.1 Project Name:

construction place:

Engineering Content:

Contracting scope:

1.2 Start date:

Completion date:

Total calendar date:

1.3 quality level:

1.4 Contract price:

Article 2 Contract File and Order of Interpretation

Article 3 Languages, Standards and Applicable Laws Used in Contract Documents

3.1 Contract Language:

3.2 Applicable laws and regulations:

3.3 Applicable standards and specifications:

Article 4 drawing

4.1 Drawing date provided:

4.2 Drawings provide sets:

4.3 Drawing special confidentiality requirements and fees:

Article 5 Representatives of Party A in the construction site

5.1 List of Party A Resident Representatives and Delegates:

5.2 The name of the chief engineer who exercises social supervision and the scope of his authorization:

Article 6 Representatives of Party B in the construction site

Article 7 Party A's work

7.1 The construction site has the requirements for start-up conditions and completion time:

7.2 Time, place and supply requirements for construction pipelines such as water, electricity and telecommunications entering the construction site:

7.3 Opening hours and starting and ending locations of main traffic trunks and their public roads in the construction site:

7.4 Engineering geology and underground pipe network line information provided:

7.5 Handling documents, the name of the approval document and the completion time:

7.6 Level and coordinate control point location provision and inspection requirements:

7.7 The time for reviewing the drawings and design:

7.8 Protection requirements for buildings and underground pipelines around the construction site:

Article 8 Party B's work

8.1 Construction drawing and supporting design name, completion time and requirements:

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

8.3 Requirements for construction protection work:

8.4 Requirements for providing office and living facilities to Party A representatives:

8.5 Requirements for traffic and noise at the construction site:

8.6 Requirements for finished product protection:

8.7 Protection requirements for buildings and underground pipelines around the construction site:

8.8 Requirements for clean and hygienic construction site:

Article 9 Progress Plan

9.1 Party B provides the time for construction organization design and progress plan:

9.2 Time approved by Party A’s representative

Article 10 is postponed

Article 11 suspension of construction

Article 12 Delay in construction period

Article 13 is ahead of schedule

Article 14 Inspection and rework

Article 15 Project Quality Grade

15.1 Economic Expenditure Requirements for Engineering Quality Level:

15.2 Quality Assessment Arbitration Department Name:

Article 16 Concealed works, intermediate acceptance

16.1 Intermediate acceptance site and time:

Article 17 test drive

Article 18 Acceptance and re-inspection

Article 19 Contract price and adjustment

19.1 Conditions for adjustment:

19.2 Ways of adjustment:

Article 20 Project Advance Payment

20.1 Total amount of prepaid work:

20.2 Prepaid time and ratio:

20.3 Deduction time and ratio:

20.4 Party A shall not be liable for breach of contract on time:

Article 21 Verification of the quantity of work

21.1 Time and requirements for Party B to submit the engineering quantity report:

Article 22 Payment of construction funds

22.1 Payment method of project payment:

22.2 Payment amount and time of project payment:

22.3 Party A's liability for breach of contract:

Article 23 Party A supplies materials equipment

23.1 Party A's requirements for materials and equipment:

Article 24 Party B purchases materials and equipment

Article 25 Design Changes

Article 26 determines the price of the change

Article 27 Completion Acceptance

27.1 When Party B submits the completion data and acceptance report:

27.2 Time and number of copies submitted by Party B to the as-built drawings:

Article 28 Completion settlement

28.1 Settlement method:

28.2 When Party B submits the settlement report:

28.3 When Party A approves the settlement report:

28.4 When Party A sends the notice of the grant to the handling bank:

28.5 Party A's liability for breach of contract:

Article 29 warranty

29.1 warranty content and scope;

29.2 Warranty period:

29.3 Warranty amount and payment method:

29.4 Warranty Interest Rate:

Article 30 dispute

30.1 Dispute Resolution Program:

30.2 Dispute Resolution:

Article 31 breach of contract

31.1 Treatment of default:

31.2 The amount of liquidated damages:

31.3 Calculation method of loss:

31.4 Interest rate of Party A not paying on time:

Article 32 Claim

Article 33 Safety Construction

Article 34 Patent Technology, Special Process and Rationalization Construction

Article 35 Underground obstacles and cultural relics

Article 36 Project Subcontracting

36.1 Subcontracting unit and subcontracted project content:

36.2 Settlement method for subcontracted project price:

Article 37 Force Majeure

37.1 Standards for determining natural disasters that are force majeure:

Article 38 Insurance

Article 39 Project suspension or slow construction

Article 40 Entry into force and termination of the contract

40.1 Contract Effective Date:

Article 41 Contracts:

41.1 Copies of the contract:

41.2 Responsibilities for the distribution of the contract:

41.3 Contract Book Development Fee:

Contract conclusion time: year, month and day

Employer: Contractor:

Address: Address:

Legal representative: Legal representative:

Attorney: Attorney:

Phone: Phone:

Electric hanging: Electric hanging:

Bank of deposit: Bank of deposit:

Account number: Account number:

Postal Code: Postal Code:

Forensic opinion:

Manager:

Assurance authority

year month day

Attachment File 1: Instructions for Use of Construction Contract Conditions and Construction Project Contract Agreement Terms

The "Construction Project Construction Contract Conditions" and the "Construction Engineering Construction Contract Agreement Terms" constitute the "Model Construction Contract Demonstration Text".

"Contract Conditions" are provisions for the rights and obligations of both parties to the contract under the "Economic Contract Law of the People's Republic of China" and the "Construction and Installation Contracts for Construction and Installation Projects", except that certain terms are amended, supplemented or cancelled by both parties. They must be strictly implemented.

Due to the different contents of the contract--the construction project, the construction cost will change accordingly. The conditions and capabilities of the contractor and the construction site will be different. The powers and obligations of both parties will be different. characteristic. Therefore, the "Contract Conditions" cannot be fully applied to each specific project, and necessary modifications and supplements are required, that is, they are accompanied by the "Agreed Terms." The "Agreed Clauses" are formulated in the order of "Contract Conditions", mainly to provide an agreement format for the modification of the "Contract Conditions". The contracting parties shall supplement the amendments to the "Contract Conditions" in light of the actual conditions of the project. Consensus that is not adopted forms an agreement in the form of the terms of the Agreement. The terms of the contract and the terms of the agreement are the embodiment of the unified will of the parties and become an integral part of the contract file. This enables the contracting parties to better use the "Contract Conditions" when signing the contract, to reach an agreement in advance or to establish a settlement principle for problems that may arise in the construction, and to make the agreement as accurate and rigorous as possible to reduce wrangling. Ensure that the work is carried out smoothly. We have compiled this "Instructions for Use" for the contracting parties to refer to when signing the contract.

For projects that use bidding and issuance, the "Contract Conditions" shall be an integral part of the bidding documents, and the opinions of the Employer on its modification, supplement or non-admission shall be stated in the bidding documents. Whether the contractor agrees with the description of the invitation to bid and its own amendments, additions and disapproval of the Conditions of the Contract shall also be listed in the bid. After winning the bid, the two parties will put the consensus opinions into the terms of the agreement. If the project is not to be tendered, the opinions on the modification, supplementation and non-adoption of the "Contract Conditions" shall be put forward in the offer and commitment, and the consensus opinions shall be written into the "Agreed Terms".

The following describes the use of the Terms of Agreement:

The contractor: may be a state agency, institution, state-owned enterprise, collective enterprise, private enterprise, economic association and social group with legal person status, or may be a personal partnership, self-employed household or individual registered according to law, that is, all agreements The court's judgment or other legally complete procedures to obtain the qualifications of Party A, recognize all the contract files, and be able and willing to perform the obligations and obligations of the units and personnel. The name of the above listed unit and the name of the individual shall be accurately written in the position of Party A of the Agreement, which shall not be referred to as abbreviated. Units merged with Party A and units that merge with Party A, units and personnel who purchase Party A's contract and accept Party A's transfer may become Party A, fulfill the obligations stipulated in the contract, and enjoy the rights stipulated in the contract.

Contractor: It shall be a state-owned enterprise, a collective enterprise or a private enterprise with the corresponding qualifications and legal person qualifications of the project. The name of the above-mentioned unit shall be accurately written in the position of the contractor of the “Articles of Agreement”, and shall not be referred to as abbreviated. However, Party B cannot subcontract or transfer the project. If subcontracting is carried out in accordance with Article 36 of the Contract Conditions, Party B shall submit and obtain the consent of Party A before the signing of the contract.

Article 1

1.1 The name of the project should be accurately written in this paragraph; the detailed address; the project content mainly includes the scale and structural characteristics of the building; the scope of contracting mainly refers to whether it includes civil works, equipment installation, decoration and decoration.

1.2 This paragraph shall state the date of commencement agreed upon by both parties. It may also be the date on which the representative of Party A issues the commencement order; the date agreed by Party B to submit the completion report, including the total number of calendar days on Sunday and statutory holidays.

1.3 Indicate the quality level that the two parties agreed to achieve.

1.4 The amount of the project price and the contracting method should be stated.

When the project is a group or community project, the above items shall be listed in the attached form as a subsidiary file of the Articles of Agreement. Such as:

XXX project list

Unit worker

Project name building area

Knot

Layer

High number

degree

Cross

degree

device

installation

Content engineering

Cost

Open date of completion date

Year, month, day, month, day

Article 2 This article shall state the name and order of the contract files.

The implementation of social supervision should indicate whether the chief management engineer has the power to explain when the two parties explain the inconsistency of the contract file.

Article 3

3.1 The shoulder contract file uses the minority language. This paragraph shall specify the name of the language, indicate the terms of the contract used and the names of the translated texts of laws, regulations and standards, and who will provide and provide the time.

3.2 In principle, national, departmental and local regulations should apply to contract files, but when the same problem is inconsistent, the name of the applicable local or departmental regulation should be indicated in this paragraph. If provided by Party A, the time provided should also be stated. If Party B owns it, it shall state the fee and who will bear it.

3.3 When the country has a uniform standard, it must be used during construction. When the country does not have a uniform standard, local or professional standards can be used. When the local and professional standards are not consistent, the name of the standard specification used should be stated in this article. And fill in the name and number of the applicable standard specification according to the part and project of the project, for example:

First, construction engineering:

1. Earthwork and blasting construction and acceptance specifications

2. Masonry brick masonry construction and acceptance specifications

3. Construction and acceptance specifications for reinforced concrete construction

4. Plaster decoration engineering construction and acceptance specifications

Second, the installation project

1. Heating installation and heating and sanitary construction and acceptance specifications

2.

3.

If Party B requires Party A to provide standard specifications, it shall be stated after the serial number, and indicate who will bear the time, number of copies and expenses.

Party A submits the requirements exceeding the standard specifications. After obtaining the consent of Party B, it can be written into the paragraph as the requirements for acceptance and construction, and clearly stipulates the expenses incurred.

Where Party B proposes the construction process, the name of the construction process, the part of the project to be used, the time, requirements and expenses shall be stated in this paragraph.

Article 4 The requirements for drawings vary from project to project. This article shall state the number of copies provided by Party A, the depth of the drawings, the scale and the time provided.

If Party A has confidentiality requirements for drawings, it shall state in this Article the content of the request, the confidentiality fee and who bears it.

If Party B requests to increase the number of drawings, it shall indicate the name, number of copies, time and cost of the drawings.

Party A shall not provide a full set of drawings before the start of construction. The name of the drawings and the time provided shall not be provided in this section.

Article 5

5.1 This article states the name of the representative of Party A, and the representative of Party A delegates the name and duties of the specific manager. Such as the preliminary work, construction organization design and progress plan approval, the provision of drawings, the quality of inspection and acceptance, the verification of the amount of work, the specific responsibility, permission.

5.2 The project to be supervised shall state the name of the chief engineer and the restrictions on the authorization of the chief engineer who exercises the authority of Party A in the contract. If the chief engineer has to sign the payment, it must be reviewed by Party A; whether it can approve the change of construction schedule or the extension of the construction period; whether it has the right to approve the change of design. There are kinds of restrictions to be written, and there are a number of restrictions to be written.

Article 6 This Article shall list the name, content, completion time and requirements of each work according to the specific project and actual conditions. If the actual conditions are not included in the Contract Conditions, the terms or contents shall be supplemented. When the two parties agree to complete part or all of the work of Party A in this Article, Party B shall state the contents of the modification of the Contract Conditions, and Party A shall pay the amount and calculation method of the fee. It shall also state the amount of fees payable by Party A and the compensation for Party B’s losses and the method of calculation in accordance with the requirements of the Agreement.

6.1 This paragraph shall state the name, content, requirements and time of completion of the work that will enable the site to meet the conditions for commencement of work. For example, the expropriation of land should indicate the area of ​​expropriation and the procedures for approval; the relocation of houses and the migration of graves should indicate the number of relocations and relocations, the demolition after relocation, the backfilling after relocation, and the removal; various obstacles should be clearly named Specific content such as quantity, distance cleared. It is necessary to specify the area of ​​the construction site and the level of flatness that should be achieved. It is stated that the party dismantling and relocating will raise an objection or demand compensation afterwards. Who shall handle the case where the obstacles stipulated in this article have not been cleared during the construction, and how the expenses shall be borne.

6.2 This paragraph shall state the location to which the water, electricity, telecommunications and other pipelines should be connected, the time and requirements for the connection. When and where the upper and lower pipes should be connected, the number of supplies should be guaranteed every day, the standard of water, the time of supply cannot be all-day supply; when should the power supply line be connected, the voltage of the power supply, whether The specifications and quantity of transformers and transformers need to be installed. If continuous supply is not guaranteed, the date and time of supply should be stated.

6.3 This paragraph shall state the starting and ending point of the road opened by Party A, the opening time, the specifications and requirements of the road surface, the contents of the maintenance work, and cannot guarantee the passage of the whole day, and the time of passage shall be stated.

6.4 This paragraph shall state the time and data of the engineering geological and underground pipe network routes provided by Party A, such as the age of the hydrological data, geological data, and depth.

6.5 This paragraph shall state the various documents, approval documents and other matters that need to be approved and the time of completion, which may be absolute years, months, days, or relative time, such as in a certain work. Finished a few days before the start.

6.6 This paragraph shall state the time and requirements for Party A to provide the benchmark point and coordinate control point.

6.7 This paragraph shall state the time for Party A to organize the drawing review. If the exact time cannot be determined, the relative time shall be stated, such as how many days before Party A issues the commencement order.

6.8 This paragraph shall state the amount of protection for buildings and underground pipelines that need to be protected around the construction site.

Article 7 This article lists the name, content, completion time and requirements of each work according to the specific project and actual conditions. If the actual conditions are not included in the Contract Conditions, the terms and contents shall be supplemented. Party A of this article is not stated when signing the terms of the agreement, but it is required to make a request during the construction. After the agreement is obtained by the two parties, the agreement between the two parties may be supplemented by the terms of the agreement. This article shall also state that Party B cannot comply with the contract. The scope and calculation method of Party A’s losses shall be compensated for the completion of the relevant work.

7.1 If Party A entrusts Party B to complete the construction drawing and supporting design, it shall state in this paragraph the design name, content, requirements, completion time and design cost calculation method.

7.2 This paragraph shall state the name, format, requirements and time of the plan, report and report provided by Party B.

7.3 Party A requires the lighting, security, guards and other work other than the contract price provided by Party B, which shall be stated in this paragraph.

7.4 Describe the number, area and specification requirements of the on-site office and living room provided by Party B, the name, quantity, specification and model of the various facilities and the time and requirements for the provision, and the amount of the expenses incurred and who bears it.

7.5 This paragraph shall state the specific requirements of the local government, relevant departments and Party A for the content of this paragraph, such as when, where and what type of vehicle can not drive or drive, at what time can not carry out construction, construction The noise must not exceed how many decibels.

7.6 This paragraph shall state the requirements of the unit project or part to be protected by Party B after the completion of the project, the required expenses and who bears it.

7.7 This paragraph shall specify the specific requirements for the name and protection of the buildings and underground pipelines to be protected around the construction site.

7.8 This paragraph shall specify the specific requirements for the construction site layout, the placement of mechanical materials, the construction waste disposal, etc., and the requirements for the cleaning of the building and the cleaning of the construction site before delivery.

Article 8 This article shall state the requirements and time for Party B to submit the construction organization design and progress plan; indicate the time when Party A approves the above files; and indicate the default liability and liquidated damages that Party B shall be liable for breach of contract.

Article 9 This Article shall state the following:

1. The definition of delay, such as which work delays, is considered a delay;

2. The limitation on the adjustable factors, such as the increase or decrease of the engineering quantity, can be adjusted;

3. Other factors that need to be supplemented to cause adjustment of the construction period;

4. The parties shall agree on the amount of breach of contract that Party B shall postpone the completion of the work. The amount of the liquidated damages and the calculation method shall be stated in this Article, such as the amount of Party B’s payment for each delay.

Article 10 Party A shall, in signing the terms of the Agreement, request for early completion, and shall state the following items in this Article:

1. Ask for an advance time;

2. Measures to be taken by Party B;

3. Convenience conditions that Party A shall provide;

4. Calculation and sharing of the cost of the work-saving measures;

5. The proportion of income sharing and the calculation method. This item can also be written according to the method of transmission. How much should Party A pay to Party B every day before completion?

Article 11 This Article shall state the name of the arbitration department when the opinions of the parties are inconsistent with the quality assessment. If Party A submits the above requirements for the quality of the project, the corresponding economic expenditure and calculation method shall be stated in this Article.

Article 12 This Article shall state the name of the individual works and parts subject to intermediate acceptance, the time and requirements for acceptance, and the facilities that Party A shall provide.

Article 13 At present, there are many forms of adjustment of the contract price in China, which should be explained according to the specific circumstances, such as:

1. The project with a short construction period is fixed at a fixed price. However, if the construction period is extended due to Party A's reasons, whether the contract price is adjusted should be explained in this article.

2. If Party A takes a one-time payment to Party B for a risk compensation fee for the price changes that may occur during the construction period, it shall indicate the amount and proportion of the compensation, indicating whether all the compensation will not be adjusted or not adjusted after the compensation, and You can adjust the name of the project.

3. The use of adjustable price should indicate the scope of adjustment, including mechanical and labor costs in addition to material costs; adjustment conditions, whether there are additional provisions for the items listed in the Contract Conditions, such as the amount of work If there are restrictions on the number of increase or decrease and engineering changes, the number of restrictions shall also be stated; the basis for adjustment is the price adjustment file announced by the first-level project cost management department; the adjustment method and program, and the time when Party B proposes the price adjustment notice. The time of the party’s approval and payment, etc.

Article 14 The prepayment of construction funds shall be in accordance with the provisions of the local competent authority. The time, amount, method and time, amount and method of deduction shall be stated in this Article after negotiation and determination by both parties. For example, “After the signing of the contract, Party A shall pay the amount of the contracted price, RMB yuan, on the day of the month and the day of the month... to the Party B in advance, as the prepaid project payment. In the month after the completion of the total contract cost% , deducting the % of prepaid construction money every month, and deducting the completion of the total cost of the contract."

Party A shall not pay the project payment in advance, and Party B shall consider the compensation for the advancement of the project cost in the contract price.

Article 15 This article shall state the time and requirements for Party B to submit the completed project quantity report.

Article 16 The payment of construction funds shall be in accordance with the provisions of the local construction authority, and the two parties shall determine and determine according to the actual conditions of the project, and the time, amount and payment method of payment shall be stated in this Article. For example, if it is paid monthly, it should be stated that “Party B shall calculate the value of the completed project according to the amount of work verified by Party A, the unit price of the project and the fee collection standard before the first day of each month, and prepare the 'engineering price statement'. Party A's representative, after receiving the representative of Party A, should complete the review before the first day and notify the handling bank to pay."

Article 17 The type, specification, quantity, unit price, quality grade and time and place of supply of equipment supplied by Party A shall be filled out in the form of the attached form as an auxiliary file of the Articles of Agreement.

XXX project Party A supply materials equipment list

sequence

Materials and equipment

Name specification

Model list

Number of digits

Quantity unit supply time delivery address note

year month day

Article 18 Certain special circumstances of Party B's procurement of materials and equipment shall be explained in this Article:

1. Party A shall provide the three-material index. If Party B conducts the procurement, it shall indicate the name, content, price, quantity, time provided, and Party A's failure to provide the liability for breach of contract as required;

2. Party A does not provide indicators. If Party B purchases three materials, it shall state the name, quantity, specification, quality grade and price of the materials.

3. If Party A specifies that the manufacturer purchases materials and equipment from Party B, it shall indicate who is responsible for the price difference if the product price is higher than Party B's budget price, and the quality grade, specification model and delivery time of the product due to the manufacturer's reasons. Who is responsible for the liability for the loss and the costs incurred to the contractual requirements.

Article 19 This article shall state the time and amount of the change price submitted by Party B after the change has occurred.

Article 20 This Article shall state the time, number of copies and requirements submitted by Party B to the completion drawing; and how long shall Party A organize the acceptance after the completion of the completion report, and participate in the inspection and acceptance departments and personnel.

Article 21 If the two parties no longer sign a warranty contract, this article shall state the terms, contents, scope, duration, warranty amount and the method of reservation and payment of the warranty, and the interest rate of the warranty. The other part of the warranty contract should be written into the warranty contract.

Article 22 After the two parties have negotiated, the following explanations shall be made on the solution and procedure of the dispute:

For example, if there is a dispute between the two parties, first of all, please ask the competent construction department of the project to mediate. Within 10 days after the party proposes the mediation, both parties should guarantee the continued execution of the contract. The competent construction department shall not make mediation within 10 days, and either party may not make mediation within 10 days. Any party may submit the arbitration to the industry and commerce administration authority where the project is located 10 days later.

The acceptance of the mediation results by both parties shall be executed within 7 days after the mediation is made.

If the result of the mediation is unacceptable, or the mediation result cannot be implemented due to the fact that one party does not perform the mediation result, either party may submit the arbitration to the industry and commerce administration authority where the project is located 7 days after the mediation is made. In actual engineering, the two parties may agree to conduct one or several mediations. These mediations shall be written in accordance with the above examples. They may also agree to apply directly for arbitration or request a court judgment. The procedures and time for arbitration and court decisions are

Regulations are enforced.

Article 23 The liability for breach of contract by Party A shall be separately stated as follows:

1. To bear the expenses incurred due to breach of contract, the types of expenses, such as the damage of the project and the expenses such as dismantling and repairing, and the expenses incurred by Party B for labor, materials, machinery and management;

2. To pay liquidated damages, the amount of the liquidated damages or the method of calculation and the time of payment;

3. If the amount of compensation for damages or liquidated damages is insufficient to compensate Party B's losses, the insufficient portion shall be paid to Party B as compensation. And indicate the scope and calculation method of the loss. If the nature of the loss is direct or indirect, whether the content of the loss includes the labor, machinery and management fees of Party B’s work, and whether it includes the profit that Party B should have during the period of work. .

Article 24 Party B's subcontracting of the project shall be written in detail in this Article. It mainly includes the name, content, name of the subcontracting unit and contracting scope of the subcontracting project.

If Party A requests Party B to subcontract part of the project to its designated subcontractor, in addition to the above, it shall also indicate the price of the subcontracted project, the time of completion of the project, and the quality level to be achieved. If the subcontractor fails to complete the project in accordance with the above provisions or fails to work in accordance with the instructions of the supervisory and management personnel stationed by Party B, who will bear the responsibility and expenses for delays and other losses.

Article 25 This Article shall provide for the occurrence of force majeure and natural disasters that cause delays in construction and engineering damage according to the geographical and climatic conditions of the locality and the requirements of the project. The following forms may be adopted:

1. Earthquakes above the X level;

2. Strong winds above X level for X days;

3. Heavy rain above Xmm for X days;

4. X years or more have not occurred, lasting X days of high temperature weather;

5. X years or more have not occurred, and the cold weather lasts for X days.

Article 26 When handling insurance, it shall state the insurance content of the life and property safety of the personnel and third party personnel at the construction site, and the insurance amount shall be handled and beared by the owner.

Where the local government stipulates that, if the parties agree to require forensic or notarization, the forensic and notarizing department shall write the opinions in the column of the attestation and notarization opinions of the terms of the agreement, and affix the seal.