Construction and installation project contract (A)
Construction unit:________________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
Installation contractor: ____________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
In order to clarify the rights and obligations of both parties in the construction process, the two parties are encouraged to create conditions for each other, cooperate with each other, and complete the engineering tasks in a timely and quality manner. After full consultation between the two parties, the contract is signed to facilitate mutual compliance.
Article 1 General
First, the project name:
2. The file number of the approved investment plan, project project form, application for building permit, plan of work, preliminary design, and general budget calculation of the relevant units of the state.
Third, the project number:
Fourth, the project location:
V. Project scope: The total installation area of the project construction of this contract is ________ square meters.
6. Project Cost: The construction cost of all construction drawings of this contract is RMB ________ yuan.
Article 2 In the process of organization and construction, in the event of the following circumstances, the construction period shall be postponed, and both parties shall conduct consultations in a timely manner and determine the extension period in writing:
1. Those who are forced to stop working because of natural disasters or manpower cannot resist;
2. If Party A proposes to change the plan or change the construction drawing and cannot continue construction;
3. Party A is forced to stop work or fail to construct smoothly because Party A cannot provide drawings, supplies, equipment or materials and equipment that meets the specifications.
Article 3 Construction preparation
1. Party A shall complete the land acquisition and demolition before starting construction; apply for a building license; remove the existing pipelines and trees that affect the construction within the scope of the construction site; solve the construction land; and solve the smooth flow of construction water, power and transportation roads. ____ copies of all engineering design drawings shall be provided to Party B on ________________________________________________________________________________________________________________________________________________________________________________
2. Party B shall organize relevant personnel to study and familiarize with the drawings before the start of construction, participate in the design of the project; compile the construction drawing budget; be responsible for the preparation of the construction organization design or construction plan; level the construction site, use water and electricity in the construction boundary area, Roads and construction temporary facilities, arrange the overall construction schedule, stock materials, processing components, and prepare for all construction.
Article 4 Supply of materials
1. All materials required for this contract shall be handled in accordance with the following supply methods:
1. The special materials, the departmental pipe materials and the mechanical and electrical products of the unified department are all purchased and supplied by Party A to the designated place of Party B. All other materials are purchased and supplied by Party B;
2. Party B shall be responsible for the application, ordering and adjustment of the materials of the departmental department; the mechanical and electrical products of the special materials and the department shall be purchased and supplied by Party A to the designated place of Party B, and other materials shall be purchased and supplied by Party B;
3. The contractor does not include the project, and all materials are purchased and supplied by Party A to the site or designated processing location;
4.......
2. For complete sets of equipment and non-standard equipment, Party A shall be responsible for handling applications, ordering and processing, and Party A shall be responsible for commodity inspection before the introduction of complete sets of equipment is delivered to Party B.
3. If the materials required for the project cannot meet the requirements of the project due to the specifications or materials of the supply department, and must be replaced or processed by other specifications, the original design unit and the consent of both parties shall be obtained in advance, after the relevant procedures are completed. Execution, the amount difference, price difference and processing fee incurred due to substitution or processing shall be borne by the responsible supplier.
4. Any materials that should be accompanied by a certificate of conformity must be verified when entering the construction site. If there is no certificate, it must be approved by the test. The test fee shall be borne by the responsible supplier.
5. Materials and equipment that are supplied by Party A, if they are not delivered on time or the quality of the specifications does not meet the requirements, cannot be resolved by the efforts of both parties. Therefore, the losses caused by Party B shall be borne by Party A.
Article 5 Settlement of project funds
1. The settlement method of the entire project cost of this contract shall be handled in accordance with the following items:
1. Settle the construction plan budget plus the increase or decrease of the change budget;
2. According to the construction drawing budget plus the coefficient to determine the dry cost, the cost outside the scope of the package, and adjust the dry cost according to relevant regulations;
3. According to the standard construction drawing, the unilateral cost will be packaged, and the cost outside the scope of the package will be adjusted according to the relevant regulations;
4. The contractor does not include the project, and settles according to the contracted labor quota or labor fee;
5.......
2. From the date of signing the contract, Party A shall, within ____ days, allocate the amount of ________ of the total construction cost to Party B for the preparation and construction fee. During the project, Party A shall review the monthly report of the completed workload provided by Party B, and allocate the progress payment to the project accordingly. Before the project is completed and accepted, the final amount of ____% of the total cost of the project can be reserved, and will be paid in full after the project is completed and accepted. Failure to pay the construction cost in accordance with the contract shall be handled in accordance with the bank's relevant overdue payment method or the relevant provisions of the “Measures for Settlement of Engineering Price”.
Article 6 Construction and design changes
1. Party B must adhere to the principle of “a hundred years of planning and quality first” in organizing construction. It must organize construction according to the construction acceptance specifications and quality inspection standards issued by the state, as well as design requirements, and require all projects to meet the eligibility criteria;
2. In the construction of the organization, it is necessary to adhere to the construction according to the drawings. No party may arbitrarily change the design. In case of the following circumstances, Party B’s work, rework and backlog of materials and components, labor, machinery transfer and other losses shall be Party burden:
1. If any design is found to have errors or is seriously unreasonable during construction, Party B shall notify Party A in writing, and Party A shall agree with the original design unit to propose to modify or change the design file within seven days, and the relevant procedures shall be followed by Party A and Party B. Continue construction;
2. If the design exceeds the original design standard or scale after the design change, it must be approved by the original approval unit, and both parties can apply for the relevant procedures. No one may force construction until the design change has been approved;
3. In the case of construction stoppage or slow construction during construction, both parties shall make a custom-made project to the safety site for construction in progress.
3. In the course of construction, due to Party B's own reasons, such as stoppage, rework, material and component reversal, and mechanical secondary access, etc., are all borne by Party B.
4. Party B shall strictly implement the concealed project acceptance system. After the concealed project is completed, it must be checked and accepted to make the next process. The general concealed project shall be inspected and accepted by Party B and recorded well; the major or complex concealed works shall be notified by Party B in writing to Party A and the design unit for acceptance and acceptance of the concealed acceptance procedures. If Party A and the design unit do not participate in the meeting, Party B may check and accept it by itself, and shall make a record. Party A shall acknowledge it. If Party A submits the inspection in the future, if the inspection result does not meet the requirements, Party B shall be responsible for the inspection expenses. If the requirements are met, Party A shall be responsible for the inspection expenses.
5. In the process of organizing the construction, in case of special circumstances, Party A shall propose to accelerate the advance completion of a single project and adopt a special construction method. Therefore, the increased construction costs shall be borne by Party A before the construction of the project. Both Party A and Party B shall complete the formalities for changing the construction method.
Article 7 Completion acceptance, settlement and warranty
1. Party B shall notify Party A of the acceptance date in writing on the date of completion of the individual project. If Party A fails to participate in the inspection and acceptance, Party B shall notify Party B in advance and agree with Party B on the acceptance date, but Party A shall Party B’s completion time must be acknowledged. Party A postpones the acceptance, and the management fees and losses incurred during the period are all borne by Party A, and the overdue liquidated damages and the calculation method of liquidated damages are repaid. ________________.
2. The completed project shall pass the inspection and shall be handed over to Party A within ____ days from the date of acceptance. If Party A fails to take over as scheduled, the loss incurred by the accepted project shall be borne by Party A.
3. If a single project in a project needs to be handed over to Party A separately for construction by another construction unit, Party A and Party B shall handle the intermediate acceptance procedures at the time of handover as the basis for the acceptance of the completed project.
4. In the completion of the completion of the project, if it is found that it is not qualified to be reworked or repaired, the two parties shall agree on the repair measures and time limit during the acceptance, and Party B shall complete the repair within the prescribed time limit, and then pass the experience after acceptance. Therefore, the expenses incurred by Party B shall be borne by Party B. Overdue liquidated damages due to overdue delivery due to repair or rework.
5. The project has been basically completed. If a certain material or equipment cannot be resolved, the project cannot be completed on schedule. With the consent of both parties, the project can be completed and reduced, and the completion and acceptance of the completed project will be completed. formalities.
Sixth, the acceptance of the completion project is based on the construction acceptance specifications, quality inspection standards and construction drawings issued by the state. In the case of completion acceptance, Party B shall provide Party A with the following conditions:
1. Increase and decrease the relevant procedures and other negotiation records of engineering changes;
2. Concealed project acceptance records and intermediate delivery acceptance records;
3. If the project is not changed, the construction unit should indicate it on the original construction drawing and submit it to Party A for archiving. If the project changes greatly, Party A shall draw or commission the design unit to draw the as-built drawings.
7. Party B shall, within ____ of the completion acceptance of the individual project, send the completed project settlement piece to Party A for verification. After Party A receives the completion settlement, it shall be verified within ____ days, if it is not validated due After the completion of the objection or no objection, the CCB will allocate funds accordingly.
8. After the project is completed and accepted, Party B shall be responsible for one year warranty on the quality of the civil works for construction and the first heating period for the heating project. During the warranty period, the quality accidents such as roof leakage, pipeline leakage, air leakage, blockage, etc. caused by construction responsibility shall be repaired by Party B and shall bear all repair costs.
Article 8 Awards, Punishment and Arbitration
1. Party B proposes to rationalize the design of the design on the premise of ensuring the quality of the project. Only Party A and the original design unit agree to the construction. The project investment saved by this means ____% to Party B and ____% to the design unit.
2. Since Party B's liability is not completed according to the date specified in this contract, the completion date of completion acceptance shall be calculated. For each day overdue, Party B shall pay the penalty of ____ of Party A according to the budget of the project. If Party B takes measures to complete the work ahead of time, Party A will pay Party B a reward of 10,000 yuan each day. The bonus is paid by the expenses of Party A's income or the investment saved by Party A. If Party A does not have a source of funds, the bonus and penalty clauses may not be implemented. Party B shall proceed from the overall situation and shall not postpone the delivery of work.
3. Party A and Party B shall not owe all kinds of payables for any reason. If they fail to pay within the time limit, they will be treated as loans. The delaying party shall increase the interest payable for unpaid expenses.
4. The construction contract shall be supervised by the construction banks at all levels. Economic disputes during construction shall be resolved through consultation on the principle of seeking truth from facts. If the two parties cannot resolve the dispute, they may choose the following method: apply for ________ arbitration committee arbitration; and sue the ________ people's court.
Article 9 Project Leaders and Industrial Accidents
1. Party A sends ________ as the person in charge at the site, and Party B sends ________ as the person in charge of on-site construction to jointly perform the provisions of this contract, supervise the progress of the project and the quality of the project, inspect the concealed works, and handle the intermediate work. Project acceptance procedures and other matters.
2. Party B has the responsibility to educate the workers to strictly implement the operating procedures, safe construction, fire prevention and theft prevention. Party B shall be responsible for any casualties caused during construction and other losses caused by poor management of Party B. Party B shall not affect the progress of the project.
Article 10 Contracts and Validity Period
1. This contract is a ____ copy. The original two copies, one for each Party A and Party B; one copy of ____ copies, submitted to the competent authorities of the two parties, the industrial and commercial administration and the Construction Bank for each record.
2. This contract shall become effective on the date of signing by both parties and shall be lapsed after the completion and acceptance of all the projects of this contract and the settlement of the final payment.
Article 11 Supplementary Provisions
1. If there are any unfinished matters in this contract, the parties may, in accordance with the specific circumstances, agree to the terms of the by-laws as an auxiliary file of this contract, which shall have the same effect as this contract, but shall not be inconsistent with this contract.
2. The engineering agreement signed by both parties before the conclusion of this contract may be used as an auxiliary file of this contract after signing this contract. Where this contract is inconsistent, this contract shall prevail.
Article 12 Contract Attachment File
I. List of engineering projects
Second, all construction drawings
Third, the construction drawing budget table
4. Party A is responsible for the supply of materials and equipment.
5. ____ files such as investment plans, project assignments, etc. approved by the state or province, autonomous region, municipal government and other relevant units.
Article 13 Other articles
______________________________________________________________
Construction unit:____________________________
Representative: ______________________________________
____year month day
Installation contractor: ________________________
Representative: _____________________________________
____year month day
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
Installation contractor: ____________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
In order to clarify the rights and obligations of both parties in the construction process, the two parties are encouraged to create conditions for each other, cooperate with each other, and complete the engineering tasks in a timely and quality manner. After full consultation between the two parties, the contract is signed to facilitate mutual compliance.
Article 1 General
First, the project name:
2. The file number of the approved investment plan, project project form, application for building permit, plan of work, preliminary design, and general budget calculation of the relevant units of the state.
Third, the project number:
Fourth, the project location:
V. Project scope: The total installation area of the project construction of this contract is ________ square meters.
6. Project Cost: The construction cost of all construction drawings of this contract is RMB ________ yuan.
Article 2 In the process of organization and construction, in the event of the following circumstances, the construction period shall be postponed, and both parties shall conduct consultations in a timely manner and determine the extension period in writing:
1. Those who are forced to stop working because of natural disasters or manpower cannot resist;
2. If Party A proposes to change the plan or change the construction drawing and cannot continue construction;
3. Party A is forced to stop work or fail to construct smoothly because Party A cannot provide drawings, supplies, equipment or materials and equipment that meets the specifications.
Article 3 Construction preparation
1. Party A shall complete the land acquisition and demolition before starting construction; apply for a building license; remove the existing pipelines and trees that affect the construction within the scope of the construction site; solve the construction land; and solve the smooth flow of construction water, power and transportation roads. ____ copies of all engineering design drawings shall be provided to Party B on ________________________________________________________________________________________________________________________________________________________________________________
2. Party B shall organize relevant personnel to study and familiarize with the drawings before the start of construction, participate in the design of the project; compile the construction drawing budget; be responsible for the preparation of the construction organization design or construction plan; level the construction site, use water and electricity in the construction boundary area, Roads and construction temporary facilities, arrange the overall construction schedule, stock materials, processing components, and prepare for all construction.
Article 4 Supply of materials
1. All materials required for this contract shall be handled in accordance with the following supply methods:
1. The special materials, the departmental pipe materials and the mechanical and electrical products of the unified department are all purchased and supplied by Party A to the designated place of Party B. All other materials are purchased and supplied by Party B;
2. Party B shall be responsible for the application, ordering and adjustment of the materials of the departmental department; the mechanical and electrical products of the special materials and the department shall be purchased and supplied by Party A to the designated place of Party B, and other materials shall be purchased and supplied by Party B;
3. The contractor does not include the project, and all materials are purchased and supplied by Party A to the site or designated processing location;
4.......
2. For complete sets of equipment and non-standard equipment, Party A shall be responsible for handling applications, ordering and processing, and Party A shall be responsible for commodity inspection before the introduction of complete sets of equipment is delivered to Party B.
3. If the materials required for the project cannot meet the requirements of the project due to the specifications or materials of the supply department, and must be replaced or processed by other specifications, the original design unit and the consent of both parties shall be obtained in advance, after the relevant procedures are completed. Execution, the amount difference, price difference and processing fee incurred due to substitution or processing shall be borne by the responsible supplier.
4. Any materials that should be accompanied by a certificate of conformity must be verified when entering the construction site. If there is no certificate, it must be approved by the test. The test fee shall be borne by the responsible supplier.
5. Materials and equipment that are supplied by Party A, if they are not delivered on time or the quality of the specifications does not meet the requirements, cannot be resolved by the efforts of both parties. Therefore, the losses caused by Party B shall be borne by Party A.
Article 5 Settlement of project funds
1. The settlement method of the entire project cost of this contract shall be handled in accordance with the following items:
1. Settle the construction plan budget plus the increase or decrease of the change budget;
2. According to the construction drawing budget plus the coefficient to determine the dry cost, the cost outside the scope of the package, and adjust the dry cost according to relevant regulations;
3. According to the standard construction drawing, the unilateral cost will be packaged, and the cost outside the scope of the package will be adjusted according to the relevant regulations;
4. The contractor does not include the project, and settles according to the contracted labor quota or labor fee;
5.......
2. From the date of signing the contract, Party A shall, within ____ days, allocate the amount of ________ of the total construction cost to Party B for the preparation and construction fee. During the project, Party A shall review the monthly report of the completed workload provided by Party B, and allocate the progress payment to the project accordingly. Before the project is completed and accepted, the final amount of ____% of the total cost of the project can be reserved, and will be paid in full after the project is completed and accepted. Failure to pay the construction cost in accordance with the contract shall be handled in accordance with the bank's relevant overdue payment method or the relevant provisions of the “Measures for Settlement of Engineering Price”.
Article 6 Construction and design changes
1. Party B must adhere to the principle of “a hundred years of planning and quality first” in organizing construction. It must organize construction according to the construction acceptance specifications and quality inspection standards issued by the state, as well as design requirements, and require all projects to meet the eligibility criteria;
2. In the construction of the organization, it is necessary to adhere to the construction according to the drawings. No party may arbitrarily change the design. In case of the following circumstances, Party B’s work, rework and backlog of materials and components, labor, machinery transfer and other losses shall be Party burden:
1. If any design is found to have errors or is seriously unreasonable during construction, Party B shall notify Party A in writing, and Party A shall agree with the original design unit to propose to modify or change the design file within seven days, and the relevant procedures shall be followed by Party A and Party B. Continue construction;
2. If the design exceeds the original design standard or scale after the design change, it must be approved by the original approval unit, and both parties can apply for the relevant procedures. No one may force construction until the design change has been approved;
3. In the case of construction stoppage or slow construction during construction, both parties shall make a custom-made project to the safety site for construction in progress.
3. In the course of construction, due to Party B's own reasons, such as stoppage, rework, material and component reversal, and mechanical secondary access, etc., are all borne by Party B.
4. Party B shall strictly implement the concealed project acceptance system. After the concealed project is completed, it must be checked and accepted to make the next process. The general concealed project shall be inspected and accepted by Party B and recorded well; the major or complex concealed works shall be notified by Party B in writing to Party A and the design unit for acceptance and acceptance of the concealed acceptance procedures. If Party A and the design unit do not participate in the meeting, Party B may check and accept it by itself, and shall make a record. Party A shall acknowledge it. If Party A submits the inspection in the future, if the inspection result does not meet the requirements, Party B shall be responsible for the inspection expenses. If the requirements are met, Party A shall be responsible for the inspection expenses.
5. In the process of organizing the construction, in case of special circumstances, Party A shall propose to accelerate the advance completion of a single project and adopt a special construction method. Therefore, the increased construction costs shall be borne by Party A before the construction of the project. Both Party A and Party B shall complete the formalities for changing the construction method.
Article 7 Completion acceptance, settlement and warranty
1. Party B shall notify Party A of the acceptance date in writing on the date of completion of the individual project. If Party A fails to participate in the inspection and acceptance, Party B shall notify Party B in advance and agree with Party B on the acceptance date, but Party A shall Party B’s completion time must be acknowledged. Party A postpones the acceptance, and the management fees and losses incurred during the period are all borne by Party A, and the overdue liquidated damages and the calculation method of liquidated damages are repaid. ________________.
2. The completed project shall pass the inspection and shall be handed over to Party A within ____ days from the date of acceptance. If Party A fails to take over as scheduled, the loss incurred by the accepted project shall be borne by Party A.
3. If a single project in a project needs to be handed over to Party A separately for construction by another construction unit, Party A and Party B shall handle the intermediate acceptance procedures at the time of handover as the basis for the acceptance of the completed project.
4. In the completion of the completion of the project, if it is found that it is not qualified to be reworked or repaired, the two parties shall agree on the repair measures and time limit during the acceptance, and Party B shall complete the repair within the prescribed time limit, and then pass the experience after acceptance. Therefore, the expenses incurred by Party B shall be borne by Party B. Overdue liquidated damages due to overdue delivery due to repair or rework.
5. The project has been basically completed. If a certain material or equipment cannot be resolved, the project cannot be completed on schedule. With the consent of both parties, the project can be completed and reduced, and the completion and acceptance of the completed project will be completed. formalities.
Sixth, the acceptance of the completion project is based on the construction acceptance specifications, quality inspection standards and construction drawings issued by the state. In the case of completion acceptance, Party B shall provide Party A with the following conditions:
1. Increase and decrease the relevant procedures and other negotiation records of engineering changes;
2. Concealed project acceptance records and intermediate delivery acceptance records;
3. If the project is not changed, the construction unit should indicate it on the original construction drawing and submit it to Party A for archiving. If the project changes greatly, Party A shall draw or commission the design unit to draw the as-built drawings.
7. Party B shall, within ____ of the completion acceptance of the individual project, send the completed project settlement piece to Party A for verification. After Party A receives the completion settlement, it shall be verified within ____ days, if it is not validated due After the completion of the objection or no objection, the CCB will allocate funds accordingly.
8. After the project is completed and accepted, Party B shall be responsible for one year warranty on the quality of the civil works for construction and the first heating period for the heating project. During the warranty period, the quality accidents such as roof leakage, pipeline leakage, air leakage, blockage, etc. caused by construction responsibility shall be repaired by Party B and shall bear all repair costs.
Article 8 Awards, Punishment and Arbitration
1. Party B proposes to rationalize the design of the design on the premise of ensuring the quality of the project. Only Party A and the original design unit agree to the construction. The project investment saved by this means ____% to Party B and ____% to the design unit.
2. Since Party B's liability is not completed according to the date specified in this contract, the completion date of completion acceptance shall be calculated. For each day overdue, Party B shall pay the penalty of ____ of Party A according to the budget of the project. If Party B takes measures to complete the work ahead of time, Party A will pay Party B a reward of 10,000 yuan each day. The bonus is paid by the expenses of Party A's income or the investment saved by Party A. If Party A does not have a source of funds, the bonus and penalty clauses may not be implemented. Party B shall proceed from the overall situation and shall not postpone the delivery of work.
3. Party A and Party B shall not owe all kinds of payables for any reason. If they fail to pay within the time limit, they will be treated as loans. The delaying party shall increase the interest payable for unpaid expenses.
4. The construction contract shall be supervised by the construction banks at all levels. Economic disputes during construction shall be resolved through consultation on the principle of seeking truth from facts. If the two parties cannot resolve the dispute, they may choose the following method: apply for ________ arbitration committee arbitration; and sue the ________ people's court.
Article 9 Project Leaders and Industrial Accidents
1. Party A sends ________ as the person in charge at the site, and Party B sends ________ as the person in charge of on-site construction to jointly perform the provisions of this contract, supervise the progress of the project and the quality of the project, inspect the concealed works, and handle the intermediate work. Project acceptance procedures and other matters.
2. Party B has the responsibility to educate the workers to strictly implement the operating procedures, safe construction, fire prevention and theft prevention. Party B shall be responsible for any casualties caused during construction and other losses caused by poor management of Party B. Party B shall not affect the progress of the project.
Article 10 Contracts and Validity Period
1. This contract is a ____ copy. The original two copies, one for each Party A and Party B; one copy of ____ copies, submitted to the competent authorities of the two parties, the industrial and commercial administration and the Construction Bank for each record.
2. This contract shall become effective on the date of signing by both parties and shall be lapsed after the completion and acceptance of all the projects of this contract and the settlement of the final payment.
Article 11 Supplementary Provisions
1. If there are any unfinished matters in this contract, the parties may, in accordance with the specific circumstances, agree to the terms of the by-laws as an auxiliary file of this contract, which shall have the same effect as this contract, but shall not be inconsistent with this contract.
2. The engineering agreement signed by both parties before the conclusion of this contract may be used as an auxiliary file of this contract after signing this contract. Where this contract is inconsistent, this contract shall prevail.
Article 12 Contract Attachment File
I. List of engineering projects
Second, all construction drawings
Third, the construction drawing budget table
4. Party A is responsible for the supply of materials and equipment.
5. ____ files such as investment plans, project assignments, etc. approved by the state or province, autonomous region, municipal government and other relevant units.
Article 13 Other articles
______________________________________________________________
Construction unit:____________________________
Representative: ______________________________________
____year month day
Installation contractor: ________________________
Representative: _____________________________________
____year month day
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