Ministry of Construction and State Administration for Industry and Commerce on Printing and Distributing the Construction Contract
Notice of the Ministry of Construction and the State Administration for Industry and Commerce on Printing and Distributing the Construction Contract
The provinces, autonomous regions, municipalities directly under the Central Government, the State Administration for Industry and Commerce, and the Municipal Construction Committee, the Administration for Industry and Commerce, and the relevant departments of the State Council:
In order to implement the "Building Law of the People's Republic of China" and the "Contract Law of the People's Republic of China" and other laws, we summarize the experience of the construction contract demonstration texts in recent years and borrow some of the internationally accepted construction contract texts on the basis of the construction project. The Construction Contract was revised. The revised Construction Contract is composed of three parts: the agreement, the general terms and the special clauses. It is basically applicable to the construction and equipment installation of various public buildings, civil houses, industrial plants, transportation facilities and line access. The Construction Construction Contract is now issued to you, please do a good job. The original Construction Contract was discontinued.
Attached file: Construction Contract
The State Administration for Industry and Commerce of the Ministry of Construction formulated December 24, 1999
Part one agreement
Employer: _________
contractor:__________
In accordance with the "Contract Law of the People's Republic of China", the "Building Law of the People's Republic of China" and other relevant laws and administrative regulations, the principles of equality, voluntariness, fairness and honesty are followed. The two parties have concluded this contract on the construction of the construction project.
I. Project Overview
project name:___________
construction place:___________
Engineering Content:___________
Group project should be accompanied by a contractor contracting project list
Project approval number: _______
Sources of funds:___________
Second, the scope of project contracting
Contracting scope: ___________
Third, the contract period
Start date: ___________
Completion date: ___________
The total calendar days of the contract period ___ days.
Fourth, quality standards
Engineering quality standards: _________
V. Contract price
Amount: ______ yuan
$:______ yuan
6. The file that constitutes the contract
The file of the group cost contract includes:
1. This contract agreement
2. Winning bid notice
3. Bids and their attached files
4. Special terms of this contract
5. General Terms and Conditions of this Agreement
6. Standards, specifications and related technical files
7. Drawings
8. Bill of quantities
9. Engineering quotation or budget book
Written agreements or files such as negotiations and changes between the two parties are considered to be part of this contract.
7. The meanings of the terms in this Agreement are the same as those given in the second part of the Covenant, General Terms.
8. The contractor promises to the contractor to carry out construction, completion and undertake the engineering quality warranty responsibility during the quality warranty period.
9. The Employer promises to the Contractor to pay the contract price and other payments due in accordance with the time limit and manner agreed upon in the contract.
X. The contract takes effect
Contract conclusion time: ____ years __ month __ day
Place of contract: ___________
This contract is effective after ___________ is agreed upon.
Contractor: Contractor:
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 this Article, unless otherwise agreed in the Special Terms:
1.1 General Terms: It is a clause that is generally used for construction construction in accordance with the provisions of laws, administrative regulations and construction projects.
1.2 Special clauses: It is the clause of the contractor and the contractor that, in accordance with the provisions of laws and administrative regulations, combined with the actual project, and reached a consensus through negotiation, is the specificization, supplement or modification of the general terms.
1.3 Contractor: Refers to the parties who have the qualifications of the project contractor and the ability to pay the project price and the legal heirs who have obtained the qualification of the party.
1.4 Contractor: Refers to the party that has been accepted by the contractor and has the qualification of the construction contractor and the legal heir who obtained the qualification of the party.
1.5 Project Manager: Refers to the representative of the contractor responsible for construction management and contract performance specified in the special terms.
1.6 Design unit: refers to the unit entrusted by the contractor to be responsible for the design of the project and obtain the corresponding engineering design qualification certificate.
1.7 Supervisory unit: refers to the unit entrusted by the contractor to be responsible for the supervision of the project and obtain the corresponding engineering supervision qualification certificate.
1.8 Engineer: Refers to the chief engineer or the contractor appointed by the project supervision unit to perform the performance of this contract. The specific identity and authority shall be stipulated by the contractor's contractor in the special terms.
1.9 Project cost management department: refers to the relevant department of the State Council, the construction administrative department of the people's government at or above the county level or its commissioned project cost management agency.
1.10 Project: refers to the project within the contracting scope agreed by the contractor's contractor in the agreement.
1.11 Contract price: It means that the contractor's contractor stipulates in the agreement that the contractor will pay the contractor to complete all the projects within the scope of the contract and bear the responsibility for quality warranty in accordance with the contract.
1.12 Additional contract price: refers to the situation in which the contract price is required to be increased in the performance of the contract, and the contract price is increased by the method of calculating the contract price after confirmation by the contractor.
1.13 Fee: Refers to the economic expenses that should not be included in the contract price and should be borne by the contractor or the contractor.
1.14 Construction period; refers to the number of contract days that the contractor’s contractor has agreed in the agreement to calculate the total calendar days.
1.15 commencement date: refers to the absolute or relative date on which the contractor's contractor agrees in the agreement that the contractor begins construction.
1.16 Completion date: refers to the absolute or relative date of the contractor's contract in the agreement to complete the project within the scope of the contract.
1.17 Drawings: All drawings provided by the Employer or provided by the Contractor and approved by the Employer to meet the contractor's construction needs.
1.18 Construction site: refers to the site provided by the contractor for the construction of the project and any other place specified by the contractor for the construction and use in the drawings.
1.19 Written form: Refers to the form in which the contract, letter and information message can tangibly represent the content contained.
1.20 Liability for breach of contract: 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 contract.
1.21 Claim: refers to the actual loss caused by the situation that is not your own fault, but should be the responsibility of the other party in the performance of the contract, and asks the other party for economic compensation and the extension of the construction period.
1.22 Force Majeure: An objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.
1.23 hours or days: This contract stipulates that the hour is calculated from the time when the event is valid; if the time is calculated by the 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 the holiday being the last day of the time limit, 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 Contract files should be able to explain each other and explain each other. Unless otherwise agreed in the special terms, the files that constitute this contract and the order of priority interpretation are as follows:
This contract agreement
Winning bid notice
Tender and its attached files
Special clause of this contract
General terms of this contract
Standards, specifications and related technical files
drawing
Bill of quantities
Engineering quotation or budget
In the performance of the contract, the contractor’s contractor’s written agreement or file related to the project is deemed to be an integral part of this contract.
2.2 When the contents of the contract file are ambiguous or inconsistent, the contractor shall negotiate to resolve it without affecting the normal operation of the project. Both parties may also ask the engineer in charge of the supervision to explain. In the event that the parties do not agree or disagree with the explanation of the engineer responsible for supervision, they shall be dealt with in accordance with Article 37 of the General Terms and Conditions.
3. Language and applicable laws, standards and norms
3.1 language text
This contract file is written, explained and explained in Chinese language. If the special terms stipulate that more than two languages are used, Chinese shall be the standard language for interpreting and explaining the contract.
In minority areas, the two sides may agree to write and explain and explain this contract in minority languages.
3.2 Applicable laws and regulations
This contract file applies to national laws and administrative regulations. The necessary laws and administrative regulations shall be stipulated by both parties in the special terms.
3.3 Applicable standards and specifications
The two parties agree on the applicable national standards and norms in the special terms; if there are no national standards or norms but have industry standards and norms, the names of the applicable industry standards and norms shall be agreed; if there are no national or industry standards or norms, the place where the project is applicable shall be agreed. The name of the standard and specification. The Employer shall provide the Contractor with two agreed standards and specifications at the time agreed upon in the special terms.
If there is no corresponding standard or standard in China, the contractor shall submit the construction technical requirements to the contractor according to the time specified by the special contractor. The contractor shall submit the construction technology according to the agreed time and requirements, and shall be executed after being approved by the contractor. If the contractor requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations.
The costs of purchases, translation standards, specifications or construction procedures incurred in this Article shall be borne by the Employer.
4. Drawings
4.1 The Employer shall provide the Contractor with drawings in accordance with the date and number of sets agreed upon in the Special Terms. If the contractor needs to increase the number of drawings, the contractor shall copy it on his behalf, and the copying fee shall be borne by the contractor. If the contractor has a confidentiality requirement for the project, the confidentiality requirement shall be filed in the special clause. The cost of the confidentiality measure shall be borne by the contractor, and the contractor shall perform the confidentiality obligation within the agreed time limit.
4.2 The contractor shall not transfer the project drawings to a third party without the consent of the contractor. After the expiration of the project quality warranty, all drawings shall be returned to the Employer, except for the drawings required by the Contractor for archiving.
4.3 The Contractor shall keep a complete set of drawings at the construction site for use by engineers and relevant personnel for engineering inspections.
2. General rights and obligations of both parties
5. Engineer
5.1 If the project supervision is implemented, the contractor shall notify the contractor in writing of the name of the entrusted supervision unit, the supervision content and the supervision permission before the implementation of the supervision.
5.2 The chief engineer appointed by the supervising unit shall be the engineer in this contract. The name, position and authority shall be stated by the contractor of the contractor in the special terms. The engineer shall exercise his functions and powers according to the contract. The contractor shall require the engineer to obtain the approval of the contractor before exercising certain functions and powers in the special clause. The engineer shall obtain the approval of the contractor.
5.3 The representative of the contractor who is stationed at the construction site to perform the contract is also referred to as the engineer in this contract. The name, position and authority of the contractor shall be stated by the contractor in the special terms, but the authority shall not cross the authority of the chief engineer appointed by the supervisory unit. When the powers of both parties are crossed or unclear, the contractor shall make it clear and notify the contractor in writing.
5.4 In the performance of the contract, when an event affecting the rights or obligations of the contractor's contractor occurs, the engineer in charge of supervision shall deal with it objectively and impartially within the scope of his or her authority. When one party has a complaint against the handling of the engineer, it shall be dealt with in accordance with Article 37 of the General Terms and Conditions.
5.5 Except that there is a clear agreement in the contract or the consent of the contractor, the engineer in charge of supervision shall not be entitled to terminate any rights and obligations of the contractor as agreed in this contract.
5.6 If the project supervision is not implemented, the engineer in this contract refers specifically to the representative of the contractor who is stationed at the construction site to perform the contract. The specific authority is stated by the contractor in the special terms.
6. Engineer's assignment and instructions
6.1 An engineer may delegate an engineer's representative to exercise his or her own authority as agreed in the contract and may withdraw the assignment if deemed necessary. The contractor shall be notified in writing 7 days in advance of the appointment and withdrawal, and the engineer in charge of the supervision shall also notify the contractor of the appointment and withdrawal. The appointment letter and the withdrawal notice are attached files of this contract.
Any written letter from the Engineer's representative to the Contractor within the authority of the Engineer shall have the same effect as the letter issued by the Engineer. If the Contractor has any doubts about any written letter sent to it by the Engineer's representative, the letter may be submitted to the Engineer and the Engineer shall confirm it. When an engineer's instruction makes a mistake, the engineer should correct it.
Except for the engineer or engineer representative, the other personnel assigned to the site by the Employer are not entitled to issue any order to the Contractor.
6.2 After the engineer's instructions and notices are signed by the person, they shall be submitted to the project manager in writing. The project manager will take effect after signing the name and receipt time on the receipt. If necessary, the engineer may issue a verbal instruction and give written confirmation within 48 hours, and the contractor’s instructions to the engineer shall be executed. If the engineer fails to give written confirmation in time, the contractor shall submit a written confirmation request within 7 days after the engineer issues the export order. If the engineer does not reply within 48 hours after the contractor submits the confirmation request, it is deemed that the verbal instruction has been confirmed.
If the contractor believes that the engineer's instructions are unreasonable, he shall submit a written report to the engineer within 24 hours after receiving the instruction. The engineer shall make a modification order or continue to execute the original order within 24 hours after receiving the contractor's report. The form informs the contractor. In an emergency, the contractor shall require the contractor to request the contractor to execute the order immediately or the contractor’s defense, but the engineer shall continue to execute the order. The additional contract price incurred due to the instruction error and the loss caused to the contractor shall be borne by the contractor, and the delay of the construction period shall be postponed accordingly.
The provisions of this paragraph also apply to orders and notices issued by representatives of engineers.
6.3 The Engineer shall, in accordance with the contract, promptly provide the Contractor with the required instructions, approve and perform other obligations as agreed. Due to the engineer's failure to fulfill the obligations as agreed in the contract, the contractor shall bear the additional contract price caused by the delay and compensate the contractor for the loss and delay the delay.
6.4 If the engineer needs to be replaced, the contractor shall notify the contractor in writing at least 7 days in advance, and then continue to exercise the functions and powers of the predecessor as agreed in the contract file and perform the duties of the predecessor.
7. Project Manager
7.1 The name and position of the project manager are stated in the special terms.
7.2 The contractor shall, in accordance with the notice issued by the contract, be signed by the project manager in writing and sent to the engineer. The engineer shall sign the name on the receipt and the time of receipt will take effect.
7.3 The project manager organizes the construction according to the construction organization design approved by the contractor and the instructions issued by the engineer according to the contract. When the situation is urgent and the engineer cannot be contacted, the project manager shall take emergency measures to ensure the life and engineering and property safety of the personnel, and submit a report to the engineer 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 at the contractor, and the contractor shall bear the expenses and shall not extend the construction period.
7.4 If the contractor needs to change the project manager, he shall notify the Employer in writing at least 7 days in advance and obtain the consent of the Employer. The latter will continue to exercise the predecessor's authority as agreed in the contract file and fulfill the obligations of the predecessor.
7.5 The contractor may negotiate with the contractor and propose to replace the project manager whom he considers to be incompetent.
8. The contractor works
8.1 The contractor shall complete the following work according to the content and time specified in the special terms:
Handling land acquisition, compensation for demolition and relocation, leveling construction sites, etc., so that the construction site has construction conditions, and will continue to be responsible for solving the remaining problems after the commencement of work;
The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place of the special clause to ensure the needs during the construction period;
The opening of the construction site and the urban and rural public roads, as well as the main roads within the construction site as stipulated by the special provisions, meet the needs of construction and transportation, and ensure the smooth flow during the construction period;
Provide the contractor with the engineering geological and underground pipeline information of the construction site, and be responsible for the true accuracy of the data;
Apply for approval for construction permit and other documents required for construction, approval and temporary land use, water stoppage, power outage, interruption of road traffic, blasting operations, etc.;
Determine the level point and the coordinate control point, and submit it to the contractor in writing for on-site inspection;
Organize contractors and design units to conduct drawing review and design presentation;
Coordinate the treatment of underground pipelines and adjacent buildings, structures, and ancient and famous trees around the construction site, and bear the relevant expenses;
Other work that the contractor should do, the parties agree on the special terms.
8.2 The contractor may entrust part of the work of Section 8.1 to the contractor, and the parties shall stipulate in the special terms, and the expenses shall be borne by the contractor.
8.3 If the contractor fails to perform the obligations of Section 8.1, resulting in delays in the construction period or causing losses to the contractor, the Employer shall compensate the Contractor for the loss and delay the delay.
9. Contractor work
9.1 The Contractor shall complete the following work according to the content and time specified in the special terms:
According to the entrustment of the contractor, within the scope of its design qualification level and business permission, complete the construction drawing design or the design supporting the project, and use it after confirmation by the engineer, the contractor shall bear the expenses incurred thereby;
Provide engineers with annual, quarterly, and monthly project progress plans and corresponding progress statistics reports;
Provide and repair lighting and fence facilities for non-night construction according to engineering needs, and be responsible for safety and security;
Providing the contractor with the housing and living houses and facilities at the construction site according to the quantity and requirements stipulated in the special terms, and the contractor shall bear the expenses incurred thereby;
Comply with the relevant government regulations on construction site traffic, construction noise, environmental protection and safe production, handle the relevant procedures in accordance with the regulations, and notify the contractor in writing, the contractor bears the costs incurred, due to the contractor’s responsibility Except for the fines incurred;
Before the completed project has not been delivered to the contractor, the contractor shall be responsible for the protection of the completed project in accordance with the special terms, and the damage shall occur during the protection period, and the contractor shall repair it at his own expense; the contractor shall require the contractor to take special measures to protect the engineering part and the corresponding additional The contract price is stipulated by both parties in the special terms;
Ensure the protection of underground pipelines and adjacent buildings, structures, and ancient and famous trees at the construction site according to special provisions;
Ensure that the construction site cleans in accordance with the relevant provisions of environmental sanitation management, clean up the site to meet the requirements stipulated in the special provisions, and bear the losses and fines caused by violation of relevant regulations for their own reasons;
Other work that the contractor should do, the parties agree on the special terms.
9.2 If the contractor fails to perform the obligations of 9.1 and causes the loss of the contractor, the contractor shall compensate the contractor for the loss.
Third, construction organization design and construction period
10. Progress plan
10.1 The Contractor shall submit the construction organization design and project progress plan to the Engineer according to the date stipulated in the special terms, and the Engineer shall confirm or propose the modification opinion according to the time specified in the special terms. If it is not confirmed or submitted in writing after the deadline, it shall be deemed as consent. .
10.2 If the unit project is carried out in phases in the group project, the contractor shall, according to the time when the contractor provides the drawings and relevant materials, plan according to the progress of the unit project preparation, and the specific contents shall be agreed in the special terms.
10.3 The contractor must organize the construction according to the progress plan confirmed by the engineer and accept the inspection and supervision of the engineer. When the actual progress of the project does not match the confirmed progress plan, the contractor shall propose improvement measures according to the requirements of the engineer and execute it after confirmation by the engineer. Due to the contractor's reasons, the actual progress and progress plan do not match, the contractor has no right to propose additional contract price for the improvement measures.
11. Start and postpone construction
11.1 The Contractor shall commence construction in accordance with the commencement date as agreed in the Agreement. The contractor shall not start work on time and shall, within 7 days before the commencement date agreed in the agreement, submit to the engineer the reasons and requirements for the extension of the commencement of work. The engineer shall reply to the contractor in writing within 48 hours after receiving the application for extension of the work. The engineer does not reply within 48 hours after receiving the application for extension of the commencement of work, and is deemed to agree with the contractor's request, and the construction period shall be postponed accordingly. The engineer does not agree to the extension request or the contractor does not request the extension of the construction within the specified time, and the construction period will not be postponed.
11.2 Due to the reason of the contractor, the commencement date of the contract cannot be started. The engineer shall notify the contractor in writing to delay the commencement date. The Employer compensates the Contractor for the losses caused by the delay in the commencement of work and the corresponding extension of the construction period.
12. Suspend construction
When the engineer believes that it is necessary to suspend the construction, the contractor shall be required to suspend the construction in writing and submit a written explanation within 48 hours after the request is made. The contractor shall stop the construction as required by the engineer and properly protect the completed project. After the contractor implements the handling opinions of the engineer, the request for reinstatement may be submitted in writing, and the engineer shall give a reply within 48 hours. The engineer failed to submit a handling opinion within the specified time, or did not reply within 48 hours after receiving the contractor's request for reinstatement, and the contractor may return to work on his own. If the work is stopped due to the reason of the contractor, the contractor shall bear the additional contract price incurred, compensate the contractor for the losses caused by the contractor, and delay the construction period accordingly; if the contractor causes the work stoppage, the contractor shall bear the expenses incurred, and the construction period shall not be To the extension.
13. Delay in construction
13.1 Due to the following reasons, the construction period is delayed. After confirmation by the engineer, the construction period will be postponed accordingly:
The contractor failed to provide the drawings and conditions of commencement as specified in the special terms;
The contractor failed to pay the project advance payment and progress payment according to the agreed date, resulting in the construction failure;
The engineer did not provide the required instructions, approvals, etc. according to the contract, resulting in the construction not working properly;
Design changes and engineering volume increase;
Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;
force majeure;
Other conditions agreed in the special terms or the engineer agrees to the extension of the construction period.
13.2 The Contractor shall report to the Engineer in writing on the delayed construction period within 14 days after the occurrence of the situation in Section 13.1. The engineer will 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.
14. Completion of the project
14.1 The Contractor must complete the completion date as agreed in the Agreement or the engineer's agreed extension.
14.2 If the contractor fails to complete the construction date specified in the agreement or the engineer agrees to extend the construction period, the contractor shall be liable for breach of contract.
14.3 If the contractor is required to complete the construction in advance, the two parties shall sign an early completion agreement as part of the contract file. The early completion agreement shall include the measures taken by the contractor to ensure the quality and safety of the project, the conditions for the contractor to provide for early completion, and the additional contract price required for early completion.
Fourth, quality and inspection
15. Engineering quality
15.1 The quality of the project shall meet the quality standards stipulated in the agreement, and the assessment of the quality standards shall be based on the quality inspection and evaluation standards of the state or industry. Due to the contractor's reasons, the quality of the project does not meet the agreed quality standards, and the contractor is liable for breach of contract.
15.2 Both parties have disputes over the quality of the project. The project quality inspection agency agreed by both parties shall determine the necessary expenses and losses caused by the responsible party. Both parties have responsibilities, which are borne by both parties in accordance with their responsibilities.
16. Inspection and rework
16.1 The contractor shall carefully follow the standards, specifications and design drawings and the instructions issued by the engineer according to the contract, and accept the inspection and inspection of the engineer at any time to facilitate the inspection and inspection.
16.2 If the quality of the project does not meet the agreed standards, the engineer shall, upon discovery, require the contractor to dismantle and re-construct, and the contractor shall dismantle and re-construct according to the requirements of the engineer until the contract is finalized. If the contractor fails to meet the agreed standards, the contractor shall bear the cost of dismantling and re-construction, and the construction period will not be postponed.
16.3 Inspection and inspection by engineers shall not affect the normal operation of the construction. If the construction is affected normally and the inspection fails, the costs affecting normal construction shall be borne by the contractor. In addition to this, the additional contract price affecting normal construction shall be borne by the contractor, and the construction period shall be extended accordingly.
16.4 The additional contract price incurred due to an engineer's instruction error or other non-contractor reasons shall be borne by the Employer.
17. Concealed works and intermediate acceptance
17.1 The project has hidden conditions or intermediate acceptance points agreed upon by the special terms. The contractor conducts self-inspection and informs the engineer in writing 48 hours before concealment or intermediate acceptance. The notice includes the content of concealment and intermediate acceptance, the time and place of acceptance. The contractor prepares the acceptance record, and the acceptance is qualified. After the engineer signs the acceptance record, the contractor can carry out concealment and continue construction. If the acceptance is unqualified, the contractor shall re-accept it after modification within the time limit defined by the engineer.
17.2 The engineer shall not accept the inspection on time. The extension shall be submitted to the contractor in writing 24 hours prior to the acceptance, and the extension shall not exceed 48 hours. The engineer fails to submit the extension request according to the above time, and does not conduct the acceptance. The contractor can organize the acceptance by himself, and the engineer should acknowledge the acceptance record.
17.3 Upon acceptance by the engineer, the quality of the project complies with the requirements of standards, specifications and design drawings. After 24 hours of acceptance, the engineer does not sign the acceptance record, and the engineer has accepted the acceptance record. The contractor may conceal or continue construction.
18. Re-inspection
Regardless of whether the engineer performs the inspection or not, when it is required to re-inspect the already concealed works, the contractor shall peel or open the hole as required and re-cover or repair it after inspection. If the inspection is qualified, the contractor shall bear all the additional contractual fees incurred thereby, compensate the contractor for the loss, and delay the construction period accordingly. If the inspection fails, the contractor shall bear all the expenses incurred, and the construction period will not be postponed.
19. Engineering test drive
19.1 If the two parties agree that a test is required, the content of the test shall be consistent with the scope of installation contracted by the contractor.
19.2 The equipment installation project has a single-machine no-load test condition, the contractor organizes the test run, and informs the engineer in writing 48 hours before the test run. The notice includes the content, time and location of the test. The contractor prepares the test record and the contractor provides the necessary conditions for the test run according to the contractor's request. The test is qualified and the engineer signs the test record.
19.3 Engineers may not participate in the test run on time, and must submit an extension request to the contractor in writing 24 hours prior to the start of the test run. The extension cannot exceed 48 hours. The engineer failed to submit the extension request according to the above time. If he did not participate in the test run, he should acknowledge the test record.
19.4 The equipment installation project has the condition of no-load linkage test, the contractor organizes the test run, and informs the contractor in writing 48 hours before the test. The notice includes the content, time, location and requirements of the contractor, and the contractor prepares as required. The test is qualified and both parties sign the test record.
19.5 Responsibility
Due to design reasons, the test vehicle does not meet the acceptance requirements. The contractor should require the design unit to modify the design and the contractor reinstalls it according to the modified design. The contractor shall bear the full cost of modifying the design, dismantling and reinstallation and the additional contract price, and the construction period shall be postponed accordingly.
Due to equipment manufacturing reasons, the test fails to meet the acceptance requirements, and the purchaser of the equipment is responsible for re-purchase or repair, and the contractor is responsible for the removal and re-installation. If the equipment is purchased by the contractor, the contractor shall bear the cost of repair or re-purchase, dismantling and re-installation, and the construction period shall not be postponed; if the equipment is purchased by the contractor, the contractor shall bear the above additional contract price, and the construction period shall be postponed accordingly.
Due to the construction reasons of the contractor, the test vehicle failed to meet the acceptance requirements. The contractor re-installed and commissioned the vehicle according to the requirements of the engineer, and assumed the cost of re-installation and commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by the Employer unless it is included in the contract price or otherwise stipulated in the special terms.
The engineer does not sign the test record after passing the test. After 24 hours from the end of the test run, the engineer is deemed to have approved the test record, and the contractor can continue construction or complete the completion procedure.
19.6 The commissioning of the materials shall be undertaken by the contractor after the completion of the project. If the contractor requests that the contractor cooperate or accept the contractor's cooperation, the contractor shall obtain the consent of the contractor and sign a supplementary agreement.
Five, safe construction
20. Safety construction and inspection
20.1 The contractor shall abide by the relevant regulations on safety construction of engineering construction, organize construction in strict accordance with safety standards, and accept the supervision and inspection carried out by industry safety inspectors according to law, and take necessary safety protection measures to eliminate hidden dangers. The contractor shall be responsible for the liability of the contractor for the failure of the safety measures and the costs incurred.
20.2 The contractor shall provide safety education to the staff at the construction site and be responsible for their safety. The contractor shall not require the contractor to carry out the construction in violation of the safety management regulations. For the safety accident caused by the contractor, the contractor shall bear the corresponding responsibility and the expenses incurred.
21. Security protection
21.1 When the contractor constructs near power equipment, transmission lines, underground passages, sealed earthquake-proof workshops, inflammable and explosive areas, and traffic-oriented roads near the street, safety protection measures shall be proposed to the engineers before the start of construction, and shall be implemented after the approval of the engineers. The cost is borne by the contractor.
21.2 To carry out blasting operations, when constructing and using toxic and corrosive materials in radiation or toxic environments, the contractor shall notify the engineer in writing 14 days before the construction and propose corresponding safety protection measures. Implementation, the contractor bears the cost of safety protection measures.
22. Accident handling
22.1 In the event of major casualties or other safety incidents, the contractor shall promptly report to the relevant department and notify the engineer in accordance with the relevant regulations, and at the same time, according to the requirements of the relevant government departments, the responsible party shall bear the expenses incurred.
22.2 If the contractor’s contractor has disputes over the liability of the accident, it shall be handled in accordance with the approval of the relevant government department.
6. Contract price and payment
23. Contract price and adjustment
23.1 The contract price of the bidding project shall be agreed by the contractor's contractor in accordance with the winning bid price in the bid winning notice. The contract price of the non-tendering project shall be stipulated in the agreement by the contractor of the contractor in accordance with the project budget.
23.2 After the contract price is agreed in the agreement, neither party may change it without authorization. The following three ways of determining the contract price, the two parties can agree to adopt one of them in the special terms:
Fixed price contract. The parties agree in the special terms on the risk scope and risk cost included in the contract price, and the contract price is not 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 contract. 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 clause.
Cost plus remuneration contract. 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.
23.3 Adjustment factors for the contract price in the adjustable price contract include:
Laws, administrative regulations and relevant state policy changes affect the contract price;
Price adjustment announced by the project cost management department;
Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;
Other factors agreed by the parties.
23.4 The contractor shall notify the engineer in writing of the reason and amount of adjustment within 14 days after the occurrence of the situation in paragraph 23.3. The engineer shall confirm the adjustment amount and pay as the additional contract price in the same period as the construction cost. If the engineer does not confirm or propose a modification within 14 days after receiving the notice from the contractor, it is deemed to have agreed to the adjustment.
24. Engineering advance payment
In the case of the implementation of the project advance payment, both parties shall stipulate in the special terms the time and amount of the advance payment to the contractor by the contractor, and deduct the time and proportion according to the agreed time and proportion after the commencement of work. The prepayment time should be no later than 7 days before the agreed start date. The contractor does not pay in advance according to the agreement. The contractor sends a notice requesting prepayment to the contractor 7 days after the agreed prepayment time. After the notice is received, the contractor can not prepay according to the requirements. The contractor can stop the construction and send the contract 7 days after the notice is given. The person shall pay the contractor the loan interest payable from the date of the contract, and bear the liability for breach of contract.
25. Confirmation of engineering quantity
25.1 The Contractor shall submit a report of the completed amount of work to the Engineer at the time agreed upon in the special terms. The engineer verifies the completed project quantity according to the design drawings within 7 days after receiving the report, and informs the contractor 24 hours before the measurement. The contractor provides convenience for the measurement and sends people to participate. After the contractor receives the notice, it will not participate in the measurement, and the measurement result is valid, as the basis for the payment of the project price.
25.2 The engineer did not measure within 7 days after receiving the report from the contractor. From the 8th day onwards, the amount of work listed in the contractor's report is deemed to be confirmed as the basis for payment of the project price. The engineer did not notify the contractor according to the agreed time, causing the contractor to fail to participate in the measurement and the measurement result was invalid.
25.3 Engineers shall not measure the amount of work that the contractor has exceeded the scope of the design drawings and the rework caused by the contractor.
26. Payment of construction funds 26.1 Within 14 days after the confirmation of the measurement results, the contractor shall pay the contractor the construction cost.按約定時間發包人應扣回的預付款，與工程款同期結算。
26.2本通用條款第23條確定調整的契約價款，第31條工程變更調整的契約價款及其他條款中約定的追加契約價款，應與工程款同期調整支付。
26.3發包人超過約定的支付時間不支付工程款，承包人可向發包人發出要求付款的通知，發包人收到承包人通知後仍不能按要求付款，可與承包人協商簽訂延期付款協定，經承包人同意後可延期支付。協定應明確延期支付的時間和從計量結果確認後第15天起應付款的貸款利息。
26.4發包人不按契約約定支付工程款，雙方又未達成延期付款協定，導致施工無法進行，承包人可停止施工，由發包人承擔違約責任。
七、材料設備供應
27.發包人供應材料設備
27.1實行發包人供應材料設備的，雙方應當約定發包人供應材料設備的一覽表，作為本契約附屬檔案。一覽表包括發包人供應材料設備的品種、規格、型號、數量、單價、質量等級、提供時間和地點。
The provinces, autonomous regions, municipalities directly under the Central Government, the State Administration for Industry and Commerce, and the Municipal Construction Committee, the Administration for Industry and Commerce, and the relevant departments of the State Council:
In order to implement the "Building Law of the People's Republic of China" and the "Contract Law of the People's Republic of China" and other laws, we summarize the experience of the construction contract demonstration texts in recent years and borrow some of the internationally accepted construction contract texts on the basis of the construction project. The Construction Contract was revised. The revised Construction Contract is composed of three parts: the agreement, the general terms and the special clauses. It is basically applicable to the construction and equipment installation of various public buildings, civil houses, industrial plants, transportation facilities and line access. The Construction Construction Contract is now issued to you, please do a good job. The original Construction Contract was discontinued.
Attached file: Construction Contract
The State Administration for Industry and Commerce of the Ministry of Construction formulated December 24, 1999
Part one agreement
Employer: _________
contractor:__________
In accordance with the "Contract Law of the People's Republic of China", the "Building Law of the People's Republic of China" and other relevant laws and administrative regulations, the principles of equality, voluntariness, fairness and honesty are followed. The two parties have concluded this contract on the construction of the construction project.
I. Project Overview
project name:___________
construction place:___________
Engineering Content:___________
Group project should be accompanied by a contractor contracting project list
Project approval number: _______
Sources of funds:___________
Second, the scope of project contracting
Contracting scope: ___________
Third, the contract period
Start date: ___________
Completion date: ___________
The total calendar days of the contract period ___ days.
Fourth, quality standards
Engineering quality standards: _________
V. Contract price
Amount: ______ yuan
$:______ yuan
6. The file that constitutes the contract
The file of the group cost contract includes:
1. This contract agreement
2. Winning bid notice
3. Bids and their attached files
4. Special terms of this contract
5. General Terms and Conditions of this Agreement
6. Standards, specifications and related technical files
7. Drawings
8. Bill of quantities
9. Engineering quotation or budget book
Written agreements or files such as negotiations and changes between the two parties are considered to be part of this contract.
7. The meanings of the terms in this Agreement are the same as those given in the second part of the Covenant, General Terms.
8. The contractor promises to the contractor to carry out construction, completion and undertake the engineering quality warranty responsibility during the quality warranty period.
9. The Employer promises to the Contractor to pay the contract price and other payments due in accordance with the time limit and manner agreed upon in the contract.
X. The contract takes effect
Contract conclusion time: ____ years __ month __ day
Place of contract: ___________
This contract is effective after ___________ is agreed upon.
Contractor: Contractor:
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 this Article, unless otherwise agreed in the Special Terms:
1.1 General Terms: It is a clause that is generally used for construction construction in accordance with the provisions of laws, administrative regulations and construction projects.
1.2 Special clauses: It is the clause of the contractor and the contractor that, in accordance with the provisions of laws and administrative regulations, combined with the actual project, and reached a consensus through negotiation, is the specificization, supplement or modification of the general terms.
1.3 Contractor: Refers to the parties who have the qualifications of the project contractor and the ability to pay the project price and the legal heirs who have obtained the qualification of the party.
1.4 Contractor: Refers to the party that has been accepted by the contractor and has the qualification of the construction contractor and the legal heir who obtained the qualification of the party.
1.5 Project Manager: Refers to the representative of the contractor responsible for construction management and contract performance specified in the special terms.
1.6 Design unit: refers to the unit entrusted by the contractor to be responsible for the design of the project and obtain the corresponding engineering design qualification certificate.
1.7 Supervisory unit: refers to the unit entrusted by the contractor to be responsible for the supervision of the project and obtain the corresponding engineering supervision qualification certificate.
1.8 Engineer: Refers to the chief engineer or the contractor appointed by the project supervision unit to perform the performance of this contract. The specific identity and authority shall be stipulated by the contractor's contractor in the special terms.
1.9 Project cost management department: refers to the relevant department of the State Council, the construction administrative department of the people's government at or above the county level or its commissioned project cost management agency.
1.10 Project: refers to the project within the contracting scope agreed by the contractor's contractor in the agreement.
1.11 Contract price: It means that the contractor's contractor stipulates in the agreement that the contractor will pay the contractor to complete all the projects within the scope of the contract and bear the responsibility for quality warranty in accordance with the contract.
1.12 Additional contract price: refers to the situation in which the contract price is required to be increased in the performance of the contract, and the contract price is increased by the method of calculating the contract price after confirmation by the contractor.
1.13 Fee: Refers to the economic expenses that should not be included in the contract price and should be borne by the contractor or the contractor.
1.14 Construction period; refers to the number of contract days that the contractor’s contractor has agreed in the agreement to calculate the total calendar days.
1.15 commencement date: refers to the absolute or relative date on which the contractor's contractor agrees in the agreement that the contractor begins construction.
1.16 Completion date: refers to the absolute or relative date of the contractor's contract in the agreement to complete the project within the scope of the contract.
1.17 Drawings: All drawings provided by the Employer or provided by the Contractor and approved by the Employer to meet the contractor's construction needs.
1.18 Construction site: refers to the site provided by the contractor for the construction of the project and any other place specified by the contractor for the construction and use in the drawings.
1.19 Written form: Refers to the form in which the contract, letter and information message can tangibly represent the content contained.
1.20 Liability for breach of contract: 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 contract.
1.21 Claim: refers to the actual loss caused by the situation that is not your own fault, but should be the responsibility of the other party in the performance of the contract, and asks the other party for economic compensation and the extension of the construction period.
1.22 Force Majeure: An objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.
1.23 hours or days: This contract stipulates that the hour is calculated from the time when the event is valid; if the time is calculated by the 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 the holiday being the last day of the time limit, 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 Contract files should be able to explain each other and explain each other. Unless otherwise agreed in the special terms, the files that constitute this contract and the order of priority interpretation are as follows:
This contract agreement
Winning bid notice
Tender and its attached files
Special clause of this contract
General terms of this contract
Standards, specifications and related technical files
drawing
Bill of quantities
Engineering quotation or budget
In the performance of the contract, the contractor’s contractor’s written agreement or file related to the project is deemed to be an integral part of this contract.
2.2 When the contents of the contract file are ambiguous or inconsistent, the contractor shall negotiate to resolve it without affecting the normal operation of the project. Both parties may also ask the engineer in charge of the supervision to explain. In the event that the parties do not agree or disagree with the explanation of the engineer responsible for supervision, they shall be dealt with in accordance with Article 37 of the General Terms and Conditions.
3. Language and applicable laws, standards and norms
3.1 language text
This contract file is written, explained and explained in Chinese language. If the special terms stipulate that more than two languages are used, Chinese shall be the standard language for interpreting and explaining the contract.
In minority areas, the two sides may agree to write and explain and explain this contract in minority languages.
3.2 Applicable laws and regulations
This contract file applies to national laws and administrative regulations. The necessary laws and administrative regulations shall be stipulated by both parties in the special terms.
3.3 Applicable standards and specifications
The two parties agree on the applicable national standards and norms in the special terms; if there are no national standards or norms but have industry standards and norms, the names of the applicable industry standards and norms shall be agreed; if there are no national or industry standards or norms, the place where the project is applicable shall be agreed. The name of the standard and specification. The Employer shall provide the Contractor with two agreed standards and specifications at the time agreed upon in the special terms.
If there is no corresponding standard or standard in China, the contractor shall submit the construction technical requirements to the contractor according to the time specified by the special contractor. The contractor shall submit the construction technology according to the agreed time and requirements, and shall be executed after being approved by the contractor. If the contractor requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations.
The costs of purchases, translation standards, specifications or construction procedures incurred in this Article shall be borne by the Employer.
4. Drawings
4.1 The Employer shall provide the Contractor with drawings in accordance with the date and number of sets agreed upon in the Special Terms. If the contractor needs to increase the number of drawings, the contractor shall copy it on his behalf, and the copying fee shall be borne by the contractor. If the contractor has a confidentiality requirement for the project, the confidentiality requirement shall be filed in the special clause. The cost of the confidentiality measure shall be borne by the contractor, and the contractor shall perform the confidentiality obligation within the agreed time limit.
4.2 The contractor shall not transfer the project drawings to a third party without the consent of the contractor. After the expiration of the project quality warranty, all drawings shall be returned to the Employer, except for the drawings required by the Contractor for archiving.
4.3 The Contractor shall keep a complete set of drawings at the construction site for use by engineers and relevant personnel for engineering inspections.
2. General rights and obligations of both parties
5. Engineer
5.1 If the project supervision is implemented, the contractor shall notify the contractor in writing of the name of the entrusted supervision unit, the supervision content and the supervision permission before the implementation of the supervision.
5.2 The chief engineer appointed by the supervising unit shall be the engineer in this contract. The name, position and authority shall be stated by the contractor of the contractor in the special terms. The engineer shall exercise his functions and powers according to the contract. The contractor shall require the engineer to obtain the approval of the contractor before exercising certain functions and powers in the special clause. The engineer shall obtain the approval of the contractor.
5.3 The representative of the contractor who is stationed at the construction site to perform the contract is also referred to as the engineer in this contract. The name, position and authority of the contractor shall be stated by the contractor in the special terms, but the authority shall not cross the authority of the chief engineer appointed by the supervisory unit. When the powers of both parties are crossed or unclear, the contractor shall make it clear and notify the contractor in writing.
5.4 In the performance of the contract, when an event affecting the rights or obligations of the contractor's contractor occurs, the engineer in charge of supervision shall deal with it objectively and impartially within the scope of his or her authority. When one party has a complaint against the handling of the engineer, it shall be dealt with in accordance with Article 37 of the General Terms and Conditions.
5.5 Except that there is a clear agreement in the contract or the consent of the contractor, the engineer in charge of supervision shall not be entitled to terminate any rights and obligations of the contractor as agreed in this contract.
5.6 If the project supervision is not implemented, the engineer in this contract refers specifically to the representative of the contractor who is stationed at the construction site to perform the contract. The specific authority is stated by the contractor in the special terms.
6. Engineer's assignment and instructions
6.1 An engineer may delegate an engineer's representative to exercise his or her own authority as agreed in the contract and may withdraw the assignment if deemed necessary. The contractor shall be notified in writing 7 days in advance of the appointment and withdrawal, and the engineer in charge of the supervision shall also notify the contractor of the appointment and withdrawal. The appointment letter and the withdrawal notice are attached files of this contract.
Any written letter from the Engineer's representative to the Contractor within the authority of the Engineer shall have the same effect as the letter issued by the Engineer. If the Contractor has any doubts about any written letter sent to it by the Engineer's representative, the letter may be submitted to the Engineer and the Engineer shall confirm it. When an engineer's instruction makes a mistake, the engineer should correct it.
Except for the engineer or engineer representative, the other personnel assigned to the site by the Employer are not entitled to issue any order to the Contractor.
6.2 After the engineer's instructions and notices are signed by the person, they shall be submitted to the project manager in writing. The project manager will take effect after signing the name and receipt time on the receipt. If necessary, the engineer may issue a verbal instruction and give written confirmation within 48 hours, and the contractor’s instructions to the engineer shall be executed. If the engineer fails to give written confirmation in time, the contractor shall submit a written confirmation request within 7 days after the engineer issues the export order. If the engineer does not reply within 48 hours after the contractor submits the confirmation request, it is deemed that the verbal instruction has been confirmed.
If the contractor believes that the engineer's instructions are unreasonable, he shall submit a written report to the engineer within 24 hours after receiving the instruction. The engineer shall make a modification order or continue to execute the original order within 24 hours after receiving the contractor's report. The form informs the contractor. In an emergency, the contractor shall require the contractor to request the contractor to execute the order immediately or the contractor’s defense, but the engineer shall continue to execute the order. The additional contract price incurred due to the instruction error and the loss caused to the contractor shall be borne by the contractor, and the delay of the construction period shall be postponed accordingly.
The provisions of this paragraph also apply to orders and notices issued by representatives of engineers.
6.3 The Engineer shall, in accordance with the contract, promptly provide the Contractor with the required instructions, approve and perform other obligations as agreed. Due to the engineer's failure to fulfill the obligations as agreed in the contract, the contractor shall bear the additional contract price caused by the delay and compensate the contractor for the loss and delay the delay.
6.4 If the engineer needs to be replaced, the contractor shall notify the contractor in writing at least 7 days in advance, and then continue to exercise the functions and powers of the predecessor as agreed in the contract file and perform the duties of the predecessor.
7. Project Manager
7.1 The name and position of the project manager are stated in the special terms.
7.2 The contractor shall, in accordance with the notice issued by the contract, be signed by the project manager in writing and sent to the engineer. The engineer shall sign the name on the receipt and the time of receipt will take effect.
7.3 The project manager organizes the construction according to the construction organization design approved by the contractor and the instructions issued by the engineer according to the contract. When the situation is urgent and the engineer cannot be contacted, the project manager shall take emergency measures to ensure the life and engineering and property safety of the personnel, and submit a report to the engineer 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 at the contractor, and the contractor shall bear the expenses and shall not extend the construction period.
7.4 If the contractor needs to change the project manager, he shall notify the Employer in writing at least 7 days in advance and obtain the consent of the Employer. The latter will continue to exercise the predecessor's authority as agreed in the contract file and fulfill the obligations of the predecessor.
7.5 The contractor may negotiate with the contractor and propose to replace the project manager whom he considers to be incompetent.
8. The contractor works
8.1 The contractor shall complete the following work according to the content and time specified in the special terms:
Handling land acquisition, compensation for demolition and relocation, leveling construction sites, etc., so that the construction site has construction conditions, and will continue to be responsible for solving the remaining problems after the commencement of work;
The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place of the special clause to ensure the needs during the construction period;
The opening of the construction site and the urban and rural public roads, as well as the main roads within the construction site as stipulated by the special provisions, meet the needs of construction and transportation, and ensure the smooth flow during the construction period;
Provide the contractor with the engineering geological and underground pipeline information of the construction site, and be responsible for the true accuracy of the data;
Apply for approval for construction permit and other documents required for construction, approval and temporary land use, water stoppage, power outage, interruption of road traffic, blasting operations, etc.;
Determine the level point and the coordinate control point, and submit it to the contractor in writing for on-site inspection;
Organize contractors and design units to conduct drawing review and design presentation;
Coordinate the treatment of underground pipelines and adjacent buildings, structures, and ancient and famous trees around the construction site, and bear the relevant expenses;
Other work that the contractor should do, the parties agree on the special terms.
8.2 The contractor may entrust part of the work of Section 8.1 to the contractor, and the parties shall stipulate in the special terms, and the expenses shall be borne by the contractor.
8.3 If the contractor fails to perform the obligations of Section 8.1, resulting in delays in the construction period or causing losses to the contractor, the Employer shall compensate the Contractor for the loss and delay the delay.
9. Contractor work
9.1 The Contractor shall complete the following work according to the content and time specified in the special terms:
According to the entrustment of the contractor, within the scope of its design qualification level and business permission, complete the construction drawing design or the design supporting the project, and use it after confirmation by the engineer, the contractor shall bear the expenses incurred thereby;
Provide engineers with annual, quarterly, and monthly project progress plans and corresponding progress statistics reports;
Provide and repair lighting and fence facilities for non-night construction according to engineering needs, and be responsible for safety and security;
Providing the contractor with the housing and living houses and facilities at the construction site according to the quantity and requirements stipulated in the special terms, and the contractor shall bear the expenses incurred thereby;
Comply with the relevant government regulations on construction site traffic, construction noise, environmental protection and safe production, handle the relevant procedures in accordance with the regulations, and notify the contractor in writing, the contractor bears the costs incurred, due to the contractor’s responsibility Except for the fines incurred;
Before the completed project has not been delivered to the contractor, the contractor shall be responsible for the protection of the completed project in accordance with the special terms, and the damage shall occur during the protection period, and the contractor shall repair it at his own expense; the contractor shall require the contractor to take special measures to protect the engineering part and the corresponding additional The contract price is stipulated by both parties in the special terms;
Ensure the protection of underground pipelines and adjacent buildings, structures, and ancient and famous trees at the construction site according to special provisions;
Ensure that the construction site cleans in accordance with the relevant provisions of environmental sanitation management, clean up the site to meet the requirements stipulated in the special provisions, and bear the losses and fines caused by violation of relevant regulations for their own reasons;
Other work that the contractor should do, the parties agree on the special terms.
9.2 If the contractor fails to perform the obligations of 9.1 and causes the loss of the contractor, the contractor shall compensate the contractor for the loss.
Third, construction organization design and construction period
10. Progress plan
10.1 The Contractor shall submit the construction organization design and project progress plan to the Engineer according to the date stipulated in the special terms, and the Engineer shall confirm or propose the modification opinion according to the time specified in the special terms. If it is not confirmed or submitted in writing after the deadline, it shall be deemed as consent. .
10.2 If the unit project is carried out in phases in the group project, the contractor shall, according to the time when the contractor provides the drawings and relevant materials, plan according to the progress of the unit project preparation, and the specific contents shall be agreed in the special terms.
10.3 The contractor must organize the construction according to the progress plan confirmed by the engineer and accept the inspection and supervision of the engineer. When the actual progress of the project does not match the confirmed progress plan, the contractor shall propose improvement measures according to the requirements of the engineer and execute it after confirmation by the engineer. Due to the contractor's reasons, the actual progress and progress plan do not match, the contractor has no right to propose additional contract price for the improvement measures.
11. Start and postpone construction
11.1 The Contractor shall commence construction in accordance with the commencement date as agreed in the Agreement. The contractor shall not start work on time and shall, within 7 days before the commencement date agreed in the agreement, submit to the engineer the reasons and requirements for the extension of the commencement of work. The engineer shall reply to the contractor in writing within 48 hours after receiving the application for extension of the work. The engineer does not reply within 48 hours after receiving the application for extension of the commencement of work, and is deemed to agree with the contractor's request, and the construction period shall be postponed accordingly. The engineer does not agree to the extension request or the contractor does not request the extension of the construction within the specified time, and the construction period will not be postponed.
11.2 Due to the reason of the contractor, the commencement date of the contract cannot be started. The engineer shall notify the contractor in writing to delay the commencement date. The Employer compensates the Contractor for the losses caused by the delay in the commencement of work and the corresponding extension of the construction period.
12. Suspend construction
When the engineer believes that it is necessary to suspend the construction, the contractor shall be required to suspend the construction in writing and submit a written explanation within 48 hours after the request is made. The contractor shall stop the construction as required by the engineer and properly protect the completed project. After the contractor implements the handling opinions of the engineer, the request for reinstatement may be submitted in writing, and the engineer shall give a reply within 48 hours. The engineer failed to submit a handling opinion within the specified time, or did not reply within 48 hours after receiving the contractor's request for reinstatement, and the contractor may return to work on his own. If the work is stopped due to the reason of the contractor, the contractor shall bear the additional contract price incurred, compensate the contractor for the losses caused by the contractor, and delay the construction period accordingly; if the contractor causes the work stoppage, the contractor shall bear the expenses incurred, and the construction period shall not be To the extension.
13. Delay in construction
13.1 Due to the following reasons, the construction period is delayed. After confirmation by the engineer, the construction period will be postponed accordingly:
The contractor failed to provide the drawings and conditions of commencement as specified in the special terms;
The contractor failed to pay the project advance payment and progress payment according to the agreed date, resulting in the construction failure;
The engineer did not provide the required instructions, approvals, etc. according to the contract, resulting in the construction not working properly;
Design changes and engineering volume increase;
Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;
force majeure;
Other conditions agreed in the special terms or the engineer agrees to the extension of the construction period.
13.2 The Contractor shall report to the Engineer in writing on the delayed construction period within 14 days after the occurrence of the situation in Section 13.1. The engineer will 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.
14. Completion of the project
14.1 The Contractor must complete the completion date as agreed in the Agreement or the engineer's agreed extension.
14.2 If the contractor fails to complete the construction date specified in the agreement or the engineer agrees to extend the construction period, the contractor shall be liable for breach of contract.
14.3 If the contractor is required to complete the construction in advance, the two parties shall sign an early completion agreement as part of the contract file. The early completion agreement shall include the measures taken by the contractor to ensure the quality and safety of the project, the conditions for the contractor to provide for early completion, and the additional contract price required for early completion.
Fourth, quality and inspection
15. Engineering quality
15.1 The quality of the project shall meet the quality standards stipulated in the agreement, and the assessment of the quality standards shall be based on the quality inspection and evaluation standards of the state or industry. Due to the contractor's reasons, the quality of the project does not meet the agreed quality standards, and the contractor is liable for breach of contract.
15.2 Both parties have disputes over the quality of the project. The project quality inspection agency agreed by both parties shall determine the necessary expenses and losses caused by the responsible party. Both parties have responsibilities, which are borne by both parties in accordance with their responsibilities.
16. Inspection and rework
16.1 The contractor shall carefully follow the standards, specifications and design drawings and the instructions issued by the engineer according to the contract, and accept the inspection and inspection of the engineer at any time to facilitate the inspection and inspection.
16.2 If the quality of the project does not meet the agreed standards, the engineer shall, upon discovery, require the contractor to dismantle and re-construct, and the contractor shall dismantle and re-construct according to the requirements of the engineer until the contract is finalized. If the contractor fails to meet the agreed standards, the contractor shall bear the cost of dismantling and re-construction, and the construction period will not be postponed.
16.3 Inspection and inspection by engineers shall not affect the normal operation of the construction. If the construction is affected normally and the inspection fails, the costs affecting normal construction shall be borne by the contractor. In addition to this, the additional contract price affecting normal construction shall be borne by the contractor, and the construction period shall be extended accordingly.
16.4 The additional contract price incurred due to an engineer's instruction error or other non-contractor reasons shall be borne by the Employer.
17. Concealed works and intermediate acceptance
17.1 The project has hidden conditions or intermediate acceptance points agreed upon by the special terms. The contractor conducts self-inspection and informs the engineer in writing 48 hours before concealment or intermediate acceptance. The notice includes the content of concealment and intermediate acceptance, the time and place of acceptance. The contractor prepares the acceptance record, and the acceptance is qualified. After the engineer signs the acceptance record, the contractor can carry out concealment and continue construction. If the acceptance is unqualified, the contractor shall re-accept it after modification within the time limit defined by the engineer.
17.2 The engineer shall not accept the inspection on time. The extension shall be submitted to the contractor in writing 24 hours prior to the acceptance, and the extension shall not exceed 48 hours. The engineer fails to submit the extension request according to the above time, and does not conduct the acceptance. The contractor can organize the acceptance by himself, and the engineer should acknowledge the acceptance record.
17.3 Upon acceptance by the engineer, the quality of the project complies with the requirements of standards, specifications and design drawings. After 24 hours of acceptance, the engineer does not sign the acceptance record, and the engineer has accepted the acceptance record. The contractor may conceal or continue construction.
18. Re-inspection
Regardless of whether the engineer performs the inspection or not, when it is required to re-inspect the already concealed works, the contractor shall peel or open the hole as required and re-cover or repair it after inspection. If the inspection is qualified, the contractor shall bear all the additional contractual fees incurred thereby, compensate the contractor for the loss, and delay the construction period accordingly. If the inspection fails, the contractor shall bear all the expenses incurred, and the construction period will not be postponed.
19. Engineering test drive
19.1 If the two parties agree that a test is required, the content of the test shall be consistent with the scope of installation contracted by the contractor.
19.2 The equipment installation project has a single-machine no-load test condition, the contractor organizes the test run, and informs the engineer in writing 48 hours before the test run. The notice includes the content, time and location of the test. The contractor prepares the test record and the contractor provides the necessary conditions for the test run according to the contractor's request. The test is qualified and the engineer signs the test record.
19.3 Engineers may not participate in the test run on time, and must submit an extension request to the contractor in writing 24 hours prior to the start of the test run. The extension cannot exceed 48 hours. The engineer failed to submit the extension request according to the above time. If he did not participate in the test run, he should acknowledge the test record.
19.4 The equipment installation project has the condition of no-load linkage test, the contractor organizes the test run, and informs the contractor in writing 48 hours before the test. The notice includes the content, time, location and requirements of the contractor, and the contractor prepares as required. The test is qualified and both parties sign the test record.
19.5 Responsibility
Due to design reasons, the test vehicle does not meet the acceptance requirements. The contractor should require the design unit to modify the design and the contractor reinstalls it according to the modified design. The contractor shall bear the full cost of modifying the design, dismantling and reinstallation and the additional contract price, and the construction period shall be postponed accordingly.
Due to equipment manufacturing reasons, the test fails to meet the acceptance requirements, and the purchaser of the equipment is responsible for re-purchase or repair, and the contractor is responsible for the removal and re-installation. If the equipment is purchased by the contractor, the contractor shall bear the cost of repair or re-purchase, dismantling and re-installation, and the construction period shall not be postponed; if the equipment is purchased by the contractor, the contractor shall bear the above additional contract price, and the construction period shall be postponed accordingly.
Due to the construction reasons of the contractor, the test vehicle failed to meet the acceptance requirements. The contractor re-installed and commissioned the vehicle according to the requirements of the engineer, and assumed the cost of re-installation and commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by the Employer unless it is included in the contract price or otherwise stipulated in the special terms.
The engineer does not sign the test record after passing the test. After 24 hours from the end of the test run, the engineer is deemed to have approved the test record, and the contractor can continue construction or complete the completion procedure.
19.6 The commissioning of the materials shall be undertaken by the contractor after the completion of the project. If the contractor requests that the contractor cooperate or accept the contractor's cooperation, the contractor shall obtain the consent of the contractor and sign a supplementary agreement.
Five, safe construction
20. Safety construction and inspection
20.1 The contractor shall abide by the relevant regulations on safety construction of engineering construction, organize construction in strict accordance with safety standards, and accept the supervision and inspection carried out by industry safety inspectors according to law, and take necessary safety protection measures to eliminate hidden dangers. The contractor shall be responsible for the liability of the contractor for the failure of the safety measures and the costs incurred.
20.2 The contractor shall provide safety education to the staff at the construction site and be responsible for their safety. The contractor shall not require the contractor to carry out the construction in violation of the safety management regulations. For the safety accident caused by the contractor, the contractor shall bear the corresponding responsibility and the expenses incurred.
21. Security protection
21.1 When the contractor constructs near power equipment, transmission lines, underground passages, sealed earthquake-proof workshops, inflammable and explosive areas, and traffic-oriented roads near the street, safety protection measures shall be proposed to the engineers before the start of construction, and shall be implemented after the approval of the engineers. The cost is borne by the contractor.
21.2 To carry out blasting operations, when constructing and using toxic and corrosive materials in radiation or toxic environments, the contractor shall notify the engineer in writing 14 days before the construction and propose corresponding safety protection measures. Implementation, the contractor bears the cost of safety protection measures.
22. Accident handling
22.1 In the event of major casualties or other safety incidents, the contractor shall promptly report to the relevant department and notify the engineer in accordance with the relevant regulations, and at the same time, according to the requirements of the relevant government departments, the responsible party shall bear the expenses incurred.
22.2 If the contractor’s contractor has disputes over the liability of the accident, it shall be handled in accordance with the approval of the relevant government department.
6. Contract price and payment
23. Contract price and adjustment
23.1 The contract price of the bidding project shall be agreed by the contractor's contractor in accordance with the winning bid price in the bid winning notice. The contract price of the non-tendering project shall be stipulated in the agreement by the contractor of the contractor in accordance with the project budget.
23.2 After the contract price is agreed in the agreement, neither party may change it without authorization. The following three ways of determining the contract price, the two parties can agree to adopt one of them in the special terms:
Fixed price contract. The parties agree in the special terms on the risk scope and risk cost included in the contract price, and the contract price is not 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 contract. 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 clause.
Cost plus remuneration contract. 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.
23.3 Adjustment factors for the contract price in the adjustable price contract include:
Laws, administrative regulations and relevant state policy changes affect the contract price;
Price adjustment announced by the project cost management department;
Within one week, the non-contractor’s reasons for water stoppage, power outage, and gas stoppage resulted in more than 8 hours of downtime;
Other factors agreed by the parties.
23.4 The contractor shall notify the engineer in writing of the reason and amount of adjustment within 14 days after the occurrence of the situation in paragraph 23.3. The engineer shall confirm the adjustment amount and pay as the additional contract price in the same period as the construction cost. If the engineer does not confirm or propose a modification within 14 days after receiving the notice from the contractor, it is deemed to have agreed to the adjustment.
24. Engineering advance payment
In the case of the implementation of the project advance payment, both parties shall stipulate in the special terms the time and amount of the advance payment to the contractor by the contractor, and deduct the time and proportion according to the agreed time and proportion after the commencement of work. The prepayment time should be no later than 7 days before the agreed start date. The contractor does not pay in advance according to the agreement. The contractor sends a notice requesting prepayment to the contractor 7 days after the agreed prepayment time. After the notice is received, the contractor can not prepay according to the requirements. The contractor can stop the construction and send the contract 7 days after the notice is given. The person shall pay the contractor the loan interest payable from the date of the contract, and bear the liability for breach of contract.
25. Confirmation of engineering quantity
25.1 The Contractor shall submit a report of the completed amount of work to the Engineer at the time agreed upon in the special terms. The engineer verifies the completed project quantity according to the design drawings within 7 days after receiving the report, and informs the contractor 24 hours before the measurement. The contractor provides convenience for the measurement and sends people to participate. After the contractor receives the notice, it will not participate in the measurement, and the measurement result is valid, as the basis for the payment of the project price.
25.2 The engineer did not measure within 7 days after receiving the report from the contractor. From the 8th day onwards, the amount of work listed in the contractor's report is deemed to be confirmed as the basis for payment of the project price. The engineer did not notify the contractor according to the agreed time, causing the contractor to fail to participate in the measurement and the measurement result was invalid.
25.3 Engineers shall not measure the amount of work that the contractor has exceeded the scope of the design drawings and the rework caused by the contractor.
26. Payment of construction funds 26.1 Within 14 days after the confirmation of the measurement results, the contractor shall pay the contractor the construction cost.按約定時間發包人應扣回的預付款，與工程款同期結算。
26.2本通用條款第23條確定調整的契約價款，第31條工程變更調整的契約價款及其他條款中約定的追加契約價款，應與工程款同期調整支付。
26.3發包人超過約定的支付時間不支付工程款，承包人可向發包人發出要求付款的通知，發包人收到承包人通知後仍不能按要求付款，可與承包人協商簽訂延期付款協定，經承包人同意後可延期支付。協定應明確延期支付的時間和從計量結果確認後第15天起應付款的貸款利息。
26.4發包人不按契約約定支付工程款，雙方又未達成延期付款協定，導致施工無法進行，承包人可停止施工，由發包人承擔違約責任。
七、材料設備供應
27.發包人供應材料設備
27.1實行發包人供應材料設備的，雙方應當約定發包人供應材料設備的一覽表，作為本契約附屬檔案。一覽表包括發包人供應材料設備的品種、規格、型號、數量、單價、質量等級、提供時間和地點。
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