Construction project subcontract

Part one agreement

contractor:_______________________

Subcontractor: _______________________

In accordance with the "Contract Law of the People's Republic of China", "Building Law of the People's Republic of China" and other relevant laws and administrative regulations, follow the principles of equality, voluntariness, fairness and good faith. In view of the fact that the contractor has signed a general contract for construction, the contractor and Both parties to the subcontracted parties reached an agreement on the construction of the subcontracted project and concluded this contract.

I. Overview of subcontracted projects

Subcontracted project name: _______________________

Subcontracted project location: ______________________

Subcontracted project contracting scope: __________________

Second, the subcontract contract price

Amount: Capital: RMB _____________ yuan, lowercase: ______________ yuan.

Third, the construction period

Start date: This subcontracting project is scheduled to start on _______ years _______ month _______;

Completion date: This subcontracted project is scheduled to be completed in ____ years _______ month _______;

The total calendar days of the contract period are: _______ days.

Fourth, the project quality standards

The quality standards of this subcontracted project are agreed by: ____________________________

5. The files that make up the subcontract include:

1. This contract agreement;

2. Notice of winning the bid;

3. The quotation of the subcontractor;

4. The total package contract file except the total package contract engineering price;

5. Special terms of this contract;

6. General terms of this contract;

7. Construction standards, drawings and related technical files of this contract;

8. Other written files that the contractor and the subcontractor agree on during the performance of the contract.

6. The meanings of the words in this Agreement are the same as those given in the Common Provisions of Part II of this contract.

7. The subcontractor promises to the contractor to complete the work stipulated in the first article of this Agreement in accordance with the contract period and quality standards, and assume the warranty responsibility during the quality warranty period.

8. The contractor promises to the subcontractor to pay the contract price agreed in Article 2 of this Agreement and other payments due in accordance with the time limit and manner agreed in the contract.

9. The subcontractor promises to the contractor to perform all the obligations of the contractor in relation to the subcontracted project in the general contract and to undertake the joint responsibility of the contractor to perform the subcontracted project contract and ensure the quality of the subcontracted project.

X. Effectiveness of the contract

Contract conclusion time: _______ years _______ month ____ day

Place of contract: ____________________________

This contract is effective after _______ is agreed upon by both parties.

Contractor: __________ Subcontractor: __________

Residence: ____________________ Residence: ____________________

Legal representative: ______________ Legal representative: ______________

Attorney: ______________ Attorney: ______________

Phone: ____________________ Phone: ____________________

Fax: ____________________ Fax: ____________________

Bank of deposit: ________________ Bank of deposit: ________________

Account number: ____________________ Account number: ____________________

Postal code: ________________ Postal code: ________________

Part II General Terms

I. Word definition and contract file

Word definition

The following terms shall have the definitions given in these Terms, unless otherwise agreed in the Special Terms:

1.1 General Terms: It is based on the requirements of laws, administrative regulations and construction projects, and is generally used for the subcontracting construction.

1.2 Special clauses: It is the clause of the contractor and the subcontractor that, in accordance with the provisions of laws and administrative regulations, combined with the actual project practice, and reached an agreement through negotiation, is the specificization, supplement or modification of the general terms.

1.3 Employer: Refers to the party that has the qualification of the project contractor and the ability to pay the project price as agreed in the contract of the general contract, and the legal heir who obtained the qualification of the party.

1.4 Contractor: means the party that has been accepted by the contractor and has the qualification of the general contractor of the project as agreed in the contract of the general contract, and the legal heir who obtained the qualification of the party.

1.5 Subcontractor: means the party that has been accepted by the contractor and who has the qualification to subcontract the project and the legal heir who obtained the qualification of the party as agreed in this subcontract agreement.

1.6 General contract engineering: refers to the project within the contracting scope agreed by the contractor and the contractor in the contract of the general contract.

1.7 Subcontracted works: refers to the works within the scope of subcontracts agreed by the contractor and the subcontractor in this contract agreement.

1.8 Engineer: Refers to the representative of the engineer or the contractor appointed by the project supervision unit as specified in the general contract. The specific identity and authority are stipulated by the contractor and the contractor in the special terms of the general contract.

1.9 Project Manager: Refers to the representative of the contractor responsible for construction management, performance of the general contract and this contract specified in the special terms of the general contract contract and the special terms of this contract.

1.10 Subcontracting Project Manager: Refers to the representative responsible for construction management and performance of the subcontract contract specified by the subcontractor in the special clause of the subcontracting contract.

1.11 General contract: refers to the general contract of construction signed between the contractor and the contractor, consisting of the agreement, general terms and special terms.

1.12 General contract clause: refers to the general terms of the construction contract in the “Construction Contract for Construction Project” issued by the Ministry of Construction of the People's Republic of China and the State Administration for Industry and Commerce in 1999, as well as the special terms agreed by the contractor and the contractor. .

1.13 Subcontracting contract: refers to the construction professional subcontracted contract signed between the contractor and the subcontractor, which consists of the agreement, general terms and special terms.

1.14 Engineering construction standards: Refers to the engineering construction standards related to the subcontracted projects, and any modifications or additions to the construction standards as confirmed by the contractor.

1.15 Drawings: Refers to all drawings, calculations, supporting instructions and related technical information provided by the contractor in accordance with the requirements of the general contract contract and the subcontracting contract.

1.16 Quotation: Refers to the subcontracted quotation submitted by the subcontractor to the contractor for the completion of the subcontracted project in accordance with the subcontracting contract. When the contractor determines the subcontractor by means of bidding, the quotation shall be consistent with the winning bid price in the bid winning notice.

1.17 Notice of winning the bid: refers to the notice issued by the contractor to determine the winning bid of the subcontractor.

1.18 commencement date: means the absolute or relative date on which the subcontractor commences construction as agreed between the contractor and the subcontractor in this contractual agreement.

1.19 Completion Date: The absolute or relative date on which the subcontractor completes the subcontracted work as agreed between the contractor and the subcontractor in this contractual agreement.

1.20 Contract price: The contractor and the subcontractor agree in this contract agreement that the contractor shall pay the subcontractor the amount of all the projects within the scope of subcontracting and the quality warranty liability in accordance with the subcontract.

1.21 Additional contract price: refers to the situation in which the contract payment is required during the performance of the subcontract, and after the contractor confirms, the contract price is increased according to the method of calculating the contract price agreed by both parties.

1.22 Construction site: refers to the site provided by the contractor for the construction of the subcontracted project, and any other place specified by the contractor for the construction of the subcontractor in the general plan of the site.

1.23 Written form: Refers to subcontracting contracts, letters and data messages, etc., which can tangibly represent the form of the content contained.

1.24 Liability for breach of contract: It refers to the responsibility of a party to the contract not to perform the contractual obligations or to perform the contractual obligations that do not conform to the contractual contents.

1.25 Claim: refers to the actual loss caused by the situation that is not his own fault, but should be borne by the other party in the process of performance of the contract, and requests the other party for economic compensation and extension of the construction period.

1.26 Force Majeure: An objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.

1.27 hours or days: The time specified in this contract is calculated from the time when the event is valid. If the time is calculated by day, the day of the start is not counted, and the calculation is started from the next day. The last day of the time limit is the rest day or other legal holidays, with the day of rest or the next day of the holiday as the last day, except for the date of completion. The deadline for the last day of the time limit is 24 o'clock on the day.

2. Contract file and explanation order

2.1 The contract files should be able to explain each other and explain each other. Except as otherwise stipulated in the special terms of this contract, the files and priority explanations that constitute this contract are as follows:

This contract agreement;

Notice of winning the bid;

Subcontractor's bidding letter and quotation;

The total package contract file except the total contract contract engineering price;

Special terms of this contract;

General terms of this contract;

Construction standards and drawings for this contract;

Other written files that the contractor and the subcontractor agree on during the performance of the contract.

2.2 When the content of the contract file is ambiguous or inconsistent, it shall be settled by the subcontractor and the contractor in consultation without affecting the normal operation of the project. In the event of a disagreement between the parties, the dispute shall be dealt with in accordance with Article 28 of the General Terms and Conditions of this Agreement.

3. Language and applicable laws, administrative regulations and engineering construction standards

3.1 Language text

Except as otherwise stipulated in the special terms of this contract, the language of the contract file shall be the same as the language used in the general contract file.

3.2 Applicable laws and administrative regulations

Except as otherwise stipulated in the special terms of this contract, the laws and regulations applicable to this contract shall be the same as the laws and regulations applicable in the general contract. The laws and administrative regulations that need to be expressly stipulated in the special terms.

3.3 Applicable engineering construction standards

The names of the engineering construction standards that the two parties agree on in the special terms of this contract; if there is no specific agreement on the special clauses of this contract, the engineering construction standards related to the subcontracted projects specified in the general contract shall be used. The Contractor shall provide the subcontractor with two agreed engineering construction standards at the time agreed upon in the special terms of this contract.

Where there is no corresponding project construction standard in this contract, the contractor shall submit the construction technical requirements to the subcontractor according to the time stipulated in the special clause of this contract. The subcontractor shall submit the construction technology according to the agreed time and requirements, and shall be executed after confirmation by the contractor. .

4. Drawings

4.1 The Contractor shall provide the subcontractor with drawings in accordance with the date and number of sets agreed in the special terms of this contract. If the subcontractor needs to increase the number of drawings other than the contract, the contractor shall copy it on its behalf, and the copying fee shall be borne by the subcontractor; if the contractor has the obligation to keep confidential the engineering drawings according to the general contract, the subcontractor shall be responsible for the subcontracting project. The confidentiality of the drawings within the scope, the subcontractor’s confidentiality obligations shall continue to be performed after the subcontracting contract is terminated.

4.2 If the drawings of the subcontracted project cannot fully meet the construction requirements, and the contractor entrusts the subcontractor to carry out the deepening of the construction drawing design, the subcontractor shall base the original subcontracted engineering drawings within the scope of its design qualification level and business permission. In the above, according to the relevant national engineering construction standards, the deepening design, the deepening design of the subcontractor must be confirmed by the contractor before construction. If the subcontractor does not have the corresponding design qualification, the contractor shall entrust the unit with the corresponding qualification to carry out the deepening design. The subcontractor shall have full legal responsibility for the drawings designed by himself.

The scope and costs incurred by the contractor for entrusting the subcontractor to deepen the construction drawing design shall be agreed in the special terms.

4.3 When the drawings provided by the contractor cannot meet the construction needs of the subcontracted project, the parties shall stipulate the responsibility and expense of copying, redrawing, translating and purchasing the standard drawings in the special terms.

2. General rights and obligations of both parties

5. Total contract

5.1 Subcontractor's understanding of the general contract

The contractor shall provide a general contract for the subcontractor to consult. When requested by the subcontractor, the contractor shall provide the subcontractor with a copy or a copy of the general contract. Subcontractors should have a comprehensive understanding of the provisions of the general contract.

5.2 Subcontractor’s responsibility for the subcontracted project

Except as otherwise provided in the terms of this contract, the subcontractor shall perform and assume all the obligations and responsibilities of the contractor in the general contract contract related to the subcontracted project, and shall avoid the contractor’s breach of the general contract due to the subcontractor’s own actions or omissions. The contractor’s obligations as agreed in the contract occurred.

5.3 Relationship between subcontractors and contractors

The subcontractor shall obey the instructions of the contractor or engineer forwarded by the contractor in connection with the subcontracting work. Without the permission of the contractor, the subcontractor shall not directly contact the contractor or the engineer for any reason, and the subcontractor shall not directly write to the contractor or the engineer, nor directly accept the instructions of the contractor or the engineer. If the subcontractor has a direct working relationship with the contractor or the engineer, it will be considered as a breach of contract and will be liable for breach of contract.

6. Instructions and decisions

6.1 Contractor Directive

The contractor may, at any time, issue instructions to the subcontractor for the relevant work within the scope of the subcontracted project, and the subcontractor shall execute all instructions issued by the contractor under the subcontract. The subcontractor refuses to execute the order, and the contractor may entrust other construction units to complete the order, and the expenses incurred are deducted from the corresponding amount payable to the subcontractor.

6.2 Contractor or Engineer Instructions

For related work within the scope of the subcontracted project, the subcontractor shall execute all orders and decisions issued by the contractor or engineer confirmed and forwarded by the contractor.

7. Project Manager

7.1 The name and title of the project manager are stated in the special terms of this contract.

7.2 The project manager may authorize specific management personnel to exercise part of their rights and may withdraw the authorization when they deem it necessary. The authorization and withdrawal shall be notified to the subcontractor in writing 7 days in advance, and the deregistration and withdrawal notice shall be used as the subcontract Attached file.

7.3 The instructions and notices issued by the contractor shall be submitted to the subcontractor in writing after being signed by the project manager. The subcontracted project manager shall sign the name on the receipt and the time of receipt will take effect. When necessary, the project manager can issue a verbal instruction and give written confirmation within 48 hours. If the project manager fails to confirm in writing after 48 hours, the subcontractor shall submit a written confirmation request within 7 days after the contractor issues the export order. The project manager shall not reply within 7 days after the subcontractor submits the confirmation request. The request for the subcontractor has been confirmed. The subcontractor believes that the contractor’s instructions are unreasonable and should submit a written notice within 24 hours after receiving the order. The contractor shall make a modification order or continue to execute the original order within 24 hours after receiving the subcontractor’s application, and shall write in writing. The form informs the subcontractor. In an emergency, the project manager may issue instructions requiring the subcontractor to execute immediately, and the subcontractor shall execute if there is any objection. If the contractor issues an incorrect order and causes economic losses to the subcontractor, the contractor shall give the subcontractor corresponding compensation, except for the losses caused by the subcontractor’s breach of the subcontracting contract.

7.4 The project manager shall promptly provide the subcontractor with the required instructions, approvals, drawings and other obligations as agreed in the subcontract, otherwise the subcontractor shall specify the specific requirements and requirements within 24 hours after the agreed time. Reasons for the reasons and the consequences of the delay notify the contractor that the project manager will not answer within 48 hours after receiving the notice and shall bear the losses caused by the delay.

7.5 If the contractor needs to change the project manager, he shall notify the subcontractor in writing at least 7 days in advance, and then continue to exercise the predecessor's authority and perform the duties of the predecessor.

8. Subcontracting project manager

8.1 The name and title of the subcontracting project manager shall be stated in the special terms of this contract.

8.2 The subcontractor shall, in writing, be signed by the subcontracting project manager and sent to the project manager in writing according to the request and notice issued by the contract. The project manager will take effect after signing the name and the time received on the receipt.

8.3 The subcontracting project manager organizes the construction according to the construction organization design approved by the project manager and the instructions issued according to the subcontracting contract. When the situation is urgent and the project manager cannot be contacted, the subcontracted project manager shall take emergency measures to ensure the life and engineering and property safety of the personnel, and submit a report to the project manager within 48 hours after taking the measures. The responsibility lies with the contractor or the third party, and the contractor shall bear the additional contract price incurred accordingly, and the construction period shall be postponed accordingly; the responsibility shall be in the subcontractor, and the subcontractor shall bear the expenses and shall not extend the construction period.

8.4 If the subcontractor needs to change the subcontracting project manager, he shall notify the contractor in writing at least 7 days in advance, and obtain the consent of the contractor, and then continue to exercise the predecessor's authority and perform the duties of the predecessor.

8.5 The Contractor may, in consultation with the Subcontractor, propose to replace the Subcontracting Project Manager whom he considers to be incompetent.

9. Contractor's work

9.1 The Contractor shall complete the following work in one or several phases in accordance with the content and time specified in the special terms of this contract:

Provide the subcontractor with various certificates, approval documents and various related materials related to the subcontracting project handled by the contractor according to the general contract contract, and provide the subcontractor with the construction site with construction conditions.

At the time agreed upon in the special terms of this contract, the subcontractor shall participate in the drawing review of the contractor's organization and submit the design drawings to the subcontractor.

Provide the equipment and facilities agreed in the special terms of this contract and bear the costs incurred.

At any time, the subcontractor is provided with the construction site and passage required to ensure the construction of the subcontracted project, to meet the needs of construction and transportation, and to ensure the smooth flow during the construction period.

Responsible for the management of the entire construction site, coordinate the cross-match between the subcontractor and other subcontractors at the same construction site to ensure that the subcontractor works in accordance with the approved construction organization design.

Other work that the contractor should do, the parties agree on the special terms of this contract.

9.2 If the contractor fails to perform the obligations of the preceding paragraph, resulting in delays in the construction period or causing losses to the subcontractor, the contractor shall compensate the subcontractor for the corresponding losses and delay the delay of the construction period.

10. Subcontractor's work

10.1 The subcontractor shall complete the following work in accordance with the content and time specified in the special terms of this contract:

The subcontractor shall design, construct, complete and guarantee the subcontracted project in accordance with the contractual contract. When subcontractors review subcontracting contracts and general contractual contracts, or in the construction of subcontracting contracts, if they find errors, omissions, mistakes or other defects in the design or engineering construction standards and technical requirements of subcontracted projects, they shall immediately notify contractor.

In accordance with the time specified in the special terms of this contract, the specified design content shall be completed and reported to the contractor for use in the subcontracting project after confirmation. The contractor bears the costs incurred.

Provide the contractor with the annual, quarterly and monthly project progress plans and corresponding progress statistics in the time specified in the special terms of this contract. When the subcontractor cannot plan the construction according to the schedule approved by the contractor, a revised schedule plan shall be submitted according to the contractor's request to ensure that the subcontracted project is completed as scheduled.

The subcontractor shall submit a detailed construction organization design to the contractor within the time specified in the special clause, and the contractor shall approve it within the time specified in the special clause, and the subcontractor may perform it.

Comply with the relevant government regulations on construction site traffic, construction noise, environmental protection and safe and civilized production, etc., go through the relevant formalities in accordance with the regulations, and notify the contractor in writing, the contractor bears the costs incurred, due to subcontracting Except for fines caused by human liability.

The subcontractor shall allow the contractor, the contractor, the engineer and any person authorized by any one of the three parties to reasonably enter the subcontracted construction site or the place where the material is stored during the working hours, and the points related to the subcontract outside the construction site. The subcontractor shall provide convenience for any work or place of preparation of the person.

Before the completed project has not been delivered to the contractor, the subcontractor shall be responsible for the finished product protection work of the completed subcontracted project, damage shall occur during the protection period, and the subcontractor shall repair it at his own expense; the contractor shall require the subcontractor to take special measures to protect the engineering site and The corresponding additional contract price shall be agreed between the parties in the special terms of this contract.

Other work that the subcontractor should do, the parties agree on the special terms of this contract.

10.2 If the subcontractor fails to perform the obligations of the preceding paragraph and causes losses to the contractor, the subcontractor shall compensate the contractor for the loss.

11. The general contract contract is lifted

11.1 If the general contract is terminated before the subcontractor fails to fully perform the subcontracting obligation, the contractor shall promptly notify the subcontractor to terminate the subcontracting contract, and the subcontractor shall evacuate the site as soon as possible after receiving the notice.

11.2 Due to the termination of the subcontracting contract for the reasons of Article 11.1 of this contract, the subcontractor may obtain compensation for the completed project price, the severance payment of the subcontractor's staff, and the secondary transportation fee. If the general contract contract as stipulated in Clause 11.1 of this contract is terminated because of the serious default of the subcontractor, only the compensation for the completed project price can be obtained.

11.3 In the case of the subcontracting of Article 11.1 of this contract, the subcontractor shall submit the materials and equipment that have been purchased by the contractor for the subcontracted project or have been transported to the construction site, and shall be handed over to the contractor, and the contractor shall The price agreed upon in the contractual terms is paid to the subcontractor.

12. Subcontracting and subcontracting

12.1 Except as provided in Section 12.2, the subcontractor shall not subcontract the subcontracted works contracted to others, or subcontract all or part of the subcontracted works contracted to others. If the subcontractor subcontracts or subcontracts the subcontracted project it contracts, it will be deemed to be in default and bear the liability for breach of contract.

12.2 The subcontractor may, after the consent of the contractor, subcontract the labor service to the labor subcontracting enterprise with the corresponding labor subcontracting qualification.

12.3 The subcontractor shall supervise and inspect the quality of the subcontracted labor service and other related matters, and bear the relevant joint and several liability.

Third, the construction period

13. Start and postpone construction

13.1 The subcontractor shall start work in accordance with the commencement date as stipulated in this contract agreement. The subcontractor shall not start work on time and shall, in writing, submit the reasons for the extension of the commencement of work to the contractor no later than 5 days before the commencement date stipulated in this contract agreement. The contractor shall reply the subcontractor in writing within 48 hours after receiving the application for extension of the commencement of work. The contractor shall not reply within 48 hours after receiving the application for extension of the commencement of work, and shall be deemed to have agreed to the subcontractor's request, and the construction period shall be postponed accordingly. The contractor does not agree to the extension request or the subcontractor fails to request the extension of the construction within the specified time, and the construction period will not be postponed.

13.2 Due to the contractor's reasons, the project manager shall not notify the subcontractor in writing of the commencement date as agreed in this contract agreement, and the commencement date shall be postponed. The contractor compensates the subcontractor for the losses caused by the delay in the commencement of work and correspondingly extends the construction period.

14. Delay in construction period

14.1 Delay in the construction period of the subcontracted project due to one of the following reasons, confirmed by the project manager, the construction period shall be postponed accordingly:

The contractor obtains the extension of the completion time related to the subcontract from the engineer according to the general contract contract;

The contractor fails to provide drawings, conditions of commencement, equipment and facilities, and construction sites in accordance with the terms of the special terms of this contract;

The contractor failed to pay the project advance payment and progress payment according to the agreed date, resulting in the construction of the subcontracted project could not be carried out normally;

The project manager did not provide the required instructions, approvals or instructions issued in accordance with the subcontract contract, resulting in the failure of the subcontracted construction;

Engineering changes and engineering quantities within the scope of subcontracted projects that are not subcontracted;

The cause of force majeure;

Other circumstances as agreed in the special terms of this contract or the project manager agrees to the extension of the construction period.

14.2 The subcontractor shall report to the contractor in writing on the delayed construction period within 14 days after the occurrence of the agreement in 14.1. The contractor shall confirm it within 14 days after receiving the report. If it is overdue, it will not be confirmed and no amendments will be proposed. It is deemed to be agreed to extend the construction period.

15. Suspend construction

15.1 When the contractor or the engineer believes that it is necessary to suspend the construction, the contractor shall, in writing, issue a suspension construction order to the subcontractor and submit a written handling opinion within 48 hours after the request is made. The costs incurred by the subcontractor for suspension and re-engineering and suspension of construction shall be performed in accordance with the corresponding provisions of the general contract.

16. Completion of the project

16.1 The subcontractor shall complete the completion date as agreed in the contractual agreement or the contractor agrees to extend the construction period.

16.2 The subcontractor shall be liable for breach of contract due to the subcontractor's failure to complete the construction date as agreed in this contract agreement or the contractor agrees to extend the construction period.

16.3 Advance 竣 Engineering shall be performed in accordance with the corresponding terms of the general contract.

Fourth, quality and safety

17. Quality inspection and acceptance

17.1 The quality of the subcontracted project shall meet the engineering quality standards stipulated in this contract agreement and the special terms of this contract, and the quality assessment standards shall be performed in accordance with the corresponding provisions of the general contract. Due to the subcontractor's reason that the quality of the project does not meet the agreed quality standards, the subcontractor shall be liable for breach of contract, and the calculation method or amount of liquidated damages shall be stipulated in the special terms of this contract.

17.2 The dispute between the two parties on the quality of the project shall be performed in accordance with the corresponding provisions of the general contract.

17.3 Inspection, acceptance and engineering commissioning of subcontracted projects shall be performed in accordance with the corresponding provisions of the general contract. The subcontractor shall assume the obligations of the contractor as agreed by the contractor for the subcontracted project, but does not relieve the contractor of the responsibility for the quality management of the total package under the general contract.

17.4 The subcontractor shall allow and cooperate with the contractor or engineer to enter the subcontractor's construction site to inspect the quality of the project.

18. Safe construction

18.1 Subcontractors shall abide by the relevant regulations on safety construction of engineering construction, organize construction in strict accordance with safety standards, and bear the responsibility for accidents caused by ineffective safety measures and the costs incurred.

18.2 When the construction site involves dangerous areas or requires safety protection measures, the subcontractor shall propose safety protection measures and implement them after approval by the contractor, and the corresponding expenses incurred shall be borne by the contractor.

18.3 A security incident occurs and is handled in accordance with the corresponding terms of the general contract.

V. Contract price and payment

19. Contract price and adjustment

19.1 The contract price of the bidding project shall be agreed between the contractor and the subcontractor in accordance with the winning bid price in the bid winning notice; the contract price of the non-tendering project shall be agreed between the contractor and the subcontractor in accordance with the project quotation in this contract. The book is agreed.

19.2 After the contract price of the subcontracted project is agreed in this contract agreement, neither party may change it without authorization. The following three ways of determining the contract price may be agreed upon by the parties in one of the special terms of this contract:

Fixed price. The parties shall, in the special terms of this contract, agree on the calculation method of the risk scope and risk expenses included in the contract price, and the contract price shall not be adjusted within the agreed risk range. The method of adjusting the contract price outside the scope of risk shall be stipulated in the special clause.

Adjustable price. The contract price can be adjusted according to the agreement of both parties, and the parties agree on the contract price adjustment method in the special terms of this contract.

Cost plus remuneration. The contract price includes the cost and the remuneration. The two parties agree on the cost structure and the calculation method of the remuneration in the special clause of this contract.

19.3 Adjustment factors for the contract price in the adjustable price pricing method include:

Laws, administrative regulations and relevant state policy changes affect the contract price;

Price adjustment announced by the project cost management department;

During the week, the non-subcontractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;

Other factors agreed by the parties.

19.4 The subcontractor shall notify the contractor in writing within 10 days after the occurrence of the situation in Section 19.3, and the contractor shall confirm the adjustment amount as the additional contract price and pay the same amount as the project price. If the contractor does not confirm or propose amendment within 10 days after receiving the notice, it is deemed to have agreed to the adjustment.

19.5 There is no collateral relationship between the subcontracted contract price and the corresponding part of the general contract contract.

20. Confirmation of engineering quantity

20.1 The subcontractor shall submit the completed quantity report to the contractor at the time specified in the special terms of this contract. The contractor shall measure or report to the engineer according to the design drawings within 7 days after receiving the report. The contractor shall notify the subcontractor 24 hours before the self-measurement or measurement by the engineer, and the subcontractor shall provide convenience for the measurement and send personnel to participate. After receiving the notice, the subcontractor does not participate in the measurement, and the measurement result is valid as the basis for payment of the project price; the contractor does not notify the subcontractor according to the agreed time, causing the subcontractor to fail to participate in the measurement, and the measurement result is invalid.

20.2 If the contractor fails to measure within 7 days after receiving the report of the subcontractor or fails to measure due to the reason of the engineer, the amount of work listed in the subcontractor's report shall be deemed to be confirmed as the project price from the 8th day. The basis for payment.

20.3 If the subcontractor fails to submit the completed quantity report to the contractor at the time specified in the special clause of this contract, or the report submitted by the subcontractor does not meet the requirements of the contractor and has not been rectified, the contractor shall not measure it.

20.4 The contractor shall not measure the amount of work that the subcontractor exceeds the scope of the design drawings and the rework caused by the subcontractor.

21. Payment of the contract price

21.1 In the case of the implementation of the project advance payment, both parties shall stipulate in the special terms of this contract the time and amount of the contractor's advance payment to the subcontractor, and deduct the time and proportion according to the agreed time and proportion.

21.2 Within 10 days after the confirmation of the measurement result, the contractor shall pay the subcontractor the construction cost in the time and manner agreed upon in the special terms. The advance payment that the contractor should deduct according to the agreed time shall be settled with the construction period.

21.3 The contract price of the project change adjustment, the adjustment of the contract price, the price of the claim or the fee, and other agreed additional contract price shall be adjusted and paid in the same period as the project progress payment.

21.4 If the contractor does not pay the construction cost beyond the agreed payment time, the subcontractor may issue a notice to the contractor requesting payment.

21.5 The contractor fails to pay the construction cost according to the subcontract contract, resulting in the construction being unable to proceed, the subcontractor may stop the construction, and the contractor shall be liable for breach of contract.

Sixth, engineering changes

22. Engineering changes

22.1 The Subcontractor shall make changes to the Subcontracted Project by way of alteration, addition or omission in accordance with the following instructions:

The change instruction made by the engineer based on the general contract contract. The change order is notified by the engineer and notified by the contractor to notify the subcontractor;

A change order made by the contractor other than the above.

22.2 The Subcontractor shall not execute instructions directly received from the Employer or Engineer that are not confirmed by the Contractor in relation to the Subcontracting Project. If the subcontractor receives such change order directly, the project manager should be notified immediately and a copy of the direct order should be provided to the project manager. The project manager should submit a handling opinion on the directive within 24 hours.

22.3 The determination of the price of the subcontracted project shall be performed in accordance with the corresponding provisions of the general contract. The subcontractor shall submit a report to the contractor to change the price of the subcontracted project within 11 days after the project change is determined, and adjust the contract price after confirmation by the contractor.

22.4 The subcontractor shall not submit a report to the contractor to change the price of the subcontracted project within 11 days after the parties have determined the change, and it is deemed that the change does not involve a change in the contract price.

22.5 The Contractor shall confirm the receipt within 17 days from the date of receipt of the report on the change of the subcontracted project price, and shall not be confirmed if it is not confirmed by the due date.

VII. Completion acceptance and settlement

23. Completion acceptance

23.1 If the subcontracted project has the conditions for completion acceptance, the subcontractor shall provide the contractor with complete completion information and completion acceptance report. Where the parties agree to provide the as-built drawings by the subcontractor, the date and number of submissions shall be agreed in the special terms.

23.2 The contractor shall notify the contractor to accept the acceptance within 3 days from the date of receipt of the completion acceptance report provided by the subcontractor, and the subcontractor shall cooperate with the contractor for acceptance. According to the part of the general contract that does not need to be accepted by the contractor, the contractor shall accept the acceptance according to the acceptance procedure agreed in the general contract. If the contractor fails to organize the inspection and acceptance in time according to the general contract, the contractor shall organize the acceptance and acceptance according to the time limit and procedures of the contractor's acceptance as specified in the general contract, and shall be deemed as the completion acceptance of the subcontracted project.

23.3 If the completion acceptance of the subcontracted project fails to pass and belongs to the subcontractor, the subcontractor shall be responsible for repairing the corresponding defects and bear the corresponding quality responsibility.

23.4 The date of completion of the subcontracted project is the date on which the subcontractor provides the completion acceptance report. If it needs to be repaired, it is the date of completion of the repair report.

24. Completion settlement and handover

24.1 Within 14 days after the contractor approves the completion inspection report of the subcontracted project, the subcontractor submits the subcontracted project completion report and the complete settlement information to the contractor. The contract price agreed by the two parties in accordance with this contract agreement and the special terms of this contract The agreed contract price adjustment content will be settled for project completion.

24.2 The contractor shall verify within 28 days after receiving the subcontracted project completion report and settlement information submitted by the subcontractor, and give confirmation or make clear amendments. The contractor shall pay the subcontractor the settlement price of the subcontracted project within 7 days after confirming the completion settlement report. The subcontractor will deliver the completed project to the contractor within 7 days from the date of receipt of the settlement payment.

24.3 If the contractor receives the settlement report and settlement data of the subcontracted project within 28 days without any justifiable reason for not paying the settlement price of the project, from the 29th day, the interest of the subordinated project will be paid to the bank loan interest rate in the same period, and Bear the responsibility for breach of contract.

25. Quality Warranty

25.1 After the completion of the general contracting project including the subcontracted project, the subcontractor shall guarantee the defects of the subcontracted project according to the relevant provisions of the State. The specific warranty liability shall be signed according to the subcontractor and the contractor before the completion of the project. The quality warranty is executed.

8. Breach of contract, claims and disputes

26. Default

26.1 The contractor is deemed to be in default when one of the following occurs:

The contractor mentioned in paragraph 21.5 of the general clause of this contract does not pay the engineering advance payment and the progress of the project according to the contract of the subcontract, resulting in the construction being impossible;

The contractor mentioned in Clause 24.3 of the General Terms of this Contract does not pay the settlement price of the project as agreed in the subcontract;

Other circumstances in which the contractor fails to perform the subcontractual obligations or does not perform the obligations in accordance with the subcontractual contract.

The contractor shall be liable for breach of contract, compensate for the economic losses caused by the breach of contract to the subcontractor, and delay the delay of the construction period. In the special terms of this contract, the parties agree that the contractor shall compensate the subcontractor for the loss method or the contractor shall pay the amount of the liquidated damages.

26.2 A subcontractor is considered to be in default when one of the following occurs:

As mentioned in paragraph 5.3 of the General Terms of this contract, if the subcontractor has a direct working relationship with the contractor or engineer;

The subcontractor referred to in Clause 12.1 of the General Terms of this Contract subcontracts or subcontracts the subcontracted works it contracts;

The reasons referred to in Clause 16.2 of the General Terms of this contract may not be completed due to the date of completion as agreed in this contract agreement or the contractor’s consent to the extension of the contract period;

The quality of the project due to the subcontractor’s reasons mentioned in Article 17.1 of the General Terms of this Contract does not meet the agreed quality standards;

Subcontractors fail to perform subcontractual obligations or other circumstances in which they do not perform their obligations under the subcontracting contract.

The subcontractor shall be liable for breach of contract and compensate for the economic losses caused to the contractor due to its breach of contract. In the special terms of this contract, the parties agree that the subcontractor shall compensate the contractor for the loss method or the subcontractor shall pay the amount of the liquidated damages.

26.3 Subcontractors may violate the consequences of this contract

If the subcontractor violates the subcontracting contract, the subcontractor shall protect the contractor from the delays in the construction period caused by the breach of contract, the economic loss and any compensation that the contractor will be responsible for under the contract. In this case, The Contractor may deduct this economic loss and compensation from any price that would have been paid by the Subcontractor and does not rule out the possibility of using other remedies.

27. Claim

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

27.2 The contractor fails to perform its obligations or errors in accordance with the contractual contract and other circumstances that should be borne by the contractor, resulting in delays in the construction period and the subcontractor’s inability to obtain the contract price or other economic benefits of the subcontractor in a timely manner. For the loss, the subcontractor may claim in writing from the contractor in accordance with the procedure agreed in the general contract.

27.3 In the process of subcontracting construction, if the subcontractor encounters unfavorable external conditions and can claim according to the general contract, the subcontractor may submit the claim through the contractor in accordance with the claim procedure stipulated in the general contract. The subcontractor shall be given a clear reply within 21 days after the contractor receives the subcontractor’s claim report, or request further replenishment of the claim reason and evidence. After the claim is successful, the contractor shall forward the corresponding part to the subcontractor.

The subcontractor shall submit the claim report of the subcontracted project to the contractor in time according to the provisions of the general contract, to ensure that the contractor can make a claim to the contractor in a timely manner. The contractor failed to respond to the subcontractor’s claim within 35 days and the subcontractor’s claim report was approved.

27.4 If the Contractor submits any notice of intent to claim or other information in accordance with the Contractor's Contract, and the Subcontractor is required to assist the Subcontractor, the Subcontractor shall send a notice or other notice to the Contractor in writing regarding the circumstances of the Subcontracted Project. Keep in mind and maintain and present the construction records for the same period so that the contractor can comply with the contractual contractual claims.

If the subcontractor fails to cooperate actively, the contractor’s claim relating to the subcontracted project is not successful, and the contractor may deduct the amount of the claim that should have been obtained from the amount that should be paid to the subcontractor in accordance with the subcontracting contract. The proportion of the appropriate proportion.

28. Disputes

28.1 The contractor’s subcontractor has a dispute in the performance of the contract and may reconcile or request the relevant department to mediate. If the parties are unwilling to settle, mediate or settle or mediate, the parties may stipulate one of the following ways to resolve the dispute within the special terms of this contract:

The two parties reach an arbitration agreement and apply to the agreed arbitration committee for arbitration;

Prosecuted to a people's court with jurisdiction.

28.2 After a dispute arises, the parties shall continue to perform the contract unless the following conditions are met, and the construction of the subcontracted project shall be continued and the completed project shall be protected:

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

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

The arbitration institution requested to stop the construction;

The court requested that construction be stopped.

9. Protection, insurance and guarantee

29. Protection

29.1 In addition to the risks to be borne by the contractor, the subcontractor shall protect the contractor from the following losses, claims and related claims, litigation and damages arising from the construction of the subcontracted project and repair defects:

Casualties of personnel;

Loss or damage to any property other than subcontracted works.

The above losses shall be borne by the responsible party responsible for the loss.

29.2 The Contractor shall protect the Subcontractor from claims, suits, damages, costs, charges and other expenses relating to:

According to the subcontract contract, the implementation and completion of the subcontract and the inevitable damage to the property caused by the warranty process;

Casualties or property damage or damage caused by the acts or negligence of the contractor, contractor or other subcontractor, or related claims, litigation, etc.

The above losses shall be borne by the responsible party responsible for the loss.

30. Insurance

30.1 The Contractor shall provide insurance for the materials and equipment to be installed that are transported to the construction site for subcontracting. The insurance that the contractor has already handled is regarded as the insurance handled by the contractor.

30.2 Subcontractors must handle accidental injury insurance for employees engaged in dangerous operations, and provide insurance for the life and property of their own personnel and construction machinery and equipment in the construction site, and pay insurance premiums.

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

30.4 The specific insured content and related responsibilities, the contractor subcontractor agreed in the special terms of this contract.

31. Guarantee

31.1 If the subcontracting contract requires the contractor to provide the subcontractor with a payment guarantee, the contractor shall negotiate with the subcontractor the guarantee method and the guarantee amount, which shall be agreed in the special terms of this contract.

31.2 If the subcontracting contract requires the subcontractor to provide the performance guarantee to the contractor, the subcontractor shall negotiate with the contractor the guarantee method and the guarantee amount, which shall be agreed in the special terms of this contract.

31.3 The performance guarantee provided by the subcontractor shall not exceed the amount of the performance guarantee provided by the contractor to the contractor in the general contract.

Ten, other

32. Supply of materials and equipment

32.1 The quantity, procedures and responsibilities of the supply of materials and equipment shall be performed in accordance with the relevant agreement between the contractor and the contractor in the general contract.

32.2 General contract contract The materials and equipment supplied by the contractor in the subcontracted project are regarded as the material equipment supplied by the contractor.

32.3 Materials and equipment other than 32.2 shall be purchased by the subcontractor in accordance with the provisions of the special terms of this contract, and the product qualification certificate shall be provided. The contractor shall not designate the manufacturer or supplier.

33. Cultural relics

33.1 According to the general contract contract, the contractor shall notify the subcontractor of the cultural relics or ancient and famous trees that need to be protected within the construction site of the subcontractor. The subcontractor shall carefully protect the construction during the construction. When the protection measures are required, the contractor shall Bear the cost.

33.2 Subcontractors shall take protective measures when discovering cultural relics in their construction sites and report the contractors according to the time and procedure as stipulated in the general contract.

34. Force majeure

34.1 The scope of force majeure and the corresponding provisions of the event handling contract with the general contract.

34.2 If a force majeure event involves a subcontractor's construction site, the subcontractor shall immediately notify the contractor to take prompt measures to reduce the loss, as far as practicable.

34.3 The subcontractor bears the loss of his own personnel and property.

34.4 If force majeure occurs after the contractual party delays performance of the contract, the corresponding responsibility of the delaying performer cannot be waived.

35. Subcontracting contract cancellation

35.1 The contractor and the subcontractor agree to cancel the subcontract.

35.2 In the case of the general clause 21.5 of this contract, if the construction is stopped for more than 28 days, the contractor still does not pay the construction cost, and the subcontractor has the right to terminate the contract.

35.3 If the subcontractor subcontracts or subcontracts the contracted project, the contractor has the right to terminate the contract.

35.4 In any of the following circumstances, the contractor’s subcontractor may terminate the contract:

The contract cannot be performed due to force majeure;

The contract could not be fulfilled due to a breach of contract by one party.

35.5 Subcontracting contract cancellation procedures and after-care processing are performed in accordance with the corresponding provisions of the general contract.

35.6 After the subcontract is terminated, it does not affect the validity of the settlement terms agreed by the parties in the contract.

36. Contractual entry and termination

36.1 The contractor's subcontractor agrees on the contractual entry method in this contract agreement.

36.2 The contractor shall perform all the obligations of the contract, and the completion of the payment of the completion settlement price shall be terminated after the subcontractor delivers the subcontracted project to the contractor.

36.3 After the termination of the rights and obligations of the subcontract, the contractor shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality.

37. Number of contracts

37.1 The original of this contract is two copies, which are equally effective and are kept by the contractor's subcontractor.

37.2 The number of copies of this contract shall be agreed by the parties in the special terms of this contract as needed.