Construction and installation project contract (B)
Employer: ________________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
Contractor:________________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
In accordance with the "Contract Law of the People's Republic of China" and the relevant provisions of the ________ city, this contract was signed by both parties and was strictly implemented.
Article 1 Project
First, the project name: ________________
Second, the project location: ________________
Third, the project number: ________________
4. Project scope and content: The total construction area of the project is ________ square meters.
V. Project cost: The construction cost of all construction drawings is RMB ________ yuan, of which: labor costs ________ yuan.
Article 2 Term of the project
I. Date of completion: According to the quota of the period of time promulgated by the State, the contract completion date is as follows:
All projects were started from ________________________________________________________________________________________________________________________________________________________________________
2. The preparatory work before the construction shall be completed by the parties in accordance with the provisions of Article 3 of the Engineering Agreement.
3. During the construction process, the construction period may be extended in the following cases. The extension of the time limit shall be negotiated by both parties in a timely manner, and the agreement shall be signed and reported to the relevant department for the record.
1. Those who are forced to stop working due to irresistible human resources;
2. If Party A changes the plan or changes the construction drawing, it cannot continue the construction;
3. Because Party A cannot supply drawings, supplies, equipment or required materials, equipment is not suitable, and is forced to stop work or can not smoothly construct.
Article 3 Material supply
1. The materials required for all projects shall be handled in accordance with the following first supply methods:
1. Special materials, integrated pipe materials and mechanical and electrical products of the Department of Distribution are all purchased by Party A and supplied to the designated place of Party B. Other materials are purchased and supplied by Party B.
2. For the overall distribution and departmental materials, Party B shall be responsible for handling the application, ordering, adjustment and use, special materials and mechanical and electrical products of the department and department, and Party A shall be responsible for purchasing and supplying to the designated place of Party B. Other materials shall be purchased by Party B. supply.
3. The contractor does not include the project, and all materials and equipment are purchased and supplied by Party A to the site or designated processing location.
4. Other ways:
______________________________________________________________
2. Party A shall be responsible for the variety, specifications, quantity and entry period of materials and equipment, as detailed in Party A's supply materials and equipment list.
3. For complete sets of equipment and non-standard equipment, Party A shall be responsible for handling the application, ordering and processing, and Party A shall be responsible for the inspection before the introduction of complete sets of equipment is delivered to Party B.
4. The materials required for the project, if the specifications, varieties or materials of the supply department cannot meet the engineering requirements and must be replaced or processed by other specifications and varieties, the original design unit and Party A shall obtain the prior consent and be signed by the three parties. . The amount difference, price difference and processing fee incurred due to substitution or processing shall be settled according to the current regulations.
5. Any material that should be accompanied by a certificate of conformity must be verified by the supplier when entering the site; if there is no certificate of conformity, it must be used after the supplier has passed the test, and the test cost shall be borne by the supplier. As the construction unit or design unit requires retesting the materials with the factory certificate of conformity, the test cost shall be borne by Party A.
6. If the materials and equipment that Party A is responsible for supplying, if it is not delivered on time or the specifications and quality do not meet the requirements, it will not be solved by the efforts of both parties. Therefore, Party B’s losses shall be borne by Party A.
Article 4 Settlement of project funds
1. The settlement method of all project cost. According to the following provisions:
1. Settle the budget of the construction plan after the review plus the increase or decrease of the change budget.
2. According to the construction drawing budget plus the dry-coefficient coefficient, the package cost is settled, and the expenses outside the scope of the package are covered;
3. According to the standard construction drawing, the unilateral cost will be settled, and the expenses outside the scope of the package will be paid according to the relevant regulations.
4. The contractor does not include the project, and the labor fee is set according to the budget quota.
5. The project of bidding shall be settled according to the price of the winning bid.
2. The method of disbursement and settlement of project funds shall be handled in accordance with the current regulations.
Article 5 Construction and design changes
1. Party B shall organize the construction according to the construction acceptance specifications and quality inspection standards and design requirements issued by the State, and all shall be qualified.
Second, we must adhere to the construction according to the map, and no party may change the design at will. In the case of the following circumstances, the other party shall be responsible for the loss of work, rework, backlog of materials and components, construction strength and mechanical transfer, and shall be borne by the responsible party:
1. If any design is found to be wrong or seriously unreasonable during construction, Party B shall notify Party A in writing, and Party A shall agree with the original design unit within 7 days to propose to modify or change the design file, and sign the agreement between Party A and Party B. After that, the construction is accurate.
2. During construction, if the design change exceeds the original design standard or scale, it should be re-approved according to the approval procedure before construction. After reviewing the project budget by the review office, the bank will review the investment and the agreement will be signed by both parties. Can be constructed. Otherwise, no one may force the construction.
3. During the construction, if the construction is suspended or slowed down in the middle of the construction, both parties shall make a custom-made project to the safety site.
4. During the construction, if Party A is found to be under-invested, the project progress payment cannot be paid on time, and the construction will be suspended or slowed down, and the losses caused to Party B shall be borne by Party A.
3. Party B shall strictly implement the concealed project acceptance system. After the concealed project is completed, it must be recorded and accepted before proceeding to the next process. The general concealed project shall be inspected and accepted by Party B itself, and records shall be made. For major or complex concealed works, Party B shall notify Party A and the design unit in writing to jointly accept and accept the concealed works acceptance procedures. If Party A does not participate at that time, Party B may check and accept it by itself, and Party A shall acknowledge it.
4. Both Party A and Party B shall encounter construction projects in the course of construction and shall submit the approval according to the quota management method. The change budget attached to the change of the engineering agreement shall be sent to the bank in time for construction as the basis for settlement of the project.
Article 6 Completion acceptance, settlement and warranty
1. Party B shall notify Party A of the acceptance date in writing 5 days before the completion of the individual project. If Party A fails to participate in the acceptance on time, Party B shall notify Party B in advance to obtain the consent of Party B, and the acceptance date shall be separately set, but Party A shall acknowledge the completion. If the date is not accepted, the management fees and losses incurred by Party A shall be borne by Party A. And pay the overdue liquidated damages of Party B to one-tenth of the daily cost of the budget.
2. The completion acceptance of the completed project shall be completed within 3 days from the date of acceptance. If Party A fails to take over as scheduled, causing losses in the project after acceptance, Party A shall bear the responsibility.
3. If the unit project in this project is to be handed over to Party A separately, at the time of handover, both parties shall go through the intermediate acceptance procedures as the basis for the acceptance of the completion project of the unit.
4. In the completion of the completion of the project, if the quality of the project is found to be inconsistent with the regulations, Party B shall be responsible for the repair or rework without compensation, and shall be completed within the agreed measures and deadlines. After the experience is accepted, the transfer will be made. If the project is overdue, Party B shall reimburse Party A for overdue liquidated damages of one-tenth of a million per day of the budget.
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.
6. Acceptance of completion projects shall be based on the construction acceptance specifications issued by the State, the technician inspection standards and the construction drawings. In the case of completion acceptance, Party B shall provide Party A with the following files 10 days before the acceptance:
1. Increase or decrease the change file and other negotiation records;
2. Concealed project acceptance records and intermediate delivery acceptance records;
3. After the completion of the project, the as-built drawings shall be drawn. The construction unit shall make a description of the construction change on the original construction drawing and submit it to the construction unit for filing. If the project changes greatly, the construction unit may draw or commission the design unit or the construction unit to draw the as-built drawings.
7. After the completion and acceptance of the individual project, Party B shall belong to the industrial construction project within 15 days after the completion of the acceptance of the civil construction project. The completion settlement shall be sent to Party A for review within 30 days after the completion acceptance. Party A shall, after receiving the completion settlement, within 15 days of civil construction, the industrial construction shall be reviewed within 20 days. If no objection is filed at the expiration date, the appropriation bank shall approve the appropriation.
8. After the project is completed and accepted, Party B shall be responsible for one year's warranty on the quality of the civil works for construction, and the first heating period for the heating project. During the warranty period, Party B shall be responsible for free repairs due to quality accidents such as roof leakage, pipeline leakage, air leakage and blockage caused by the responsibility of the construction unit.
9. If the project is not experienced, Party A shall use it in advance or use it automatically. Party A shall be responsible for the quality or other problems arising therefrom.
Article 7 Liability for breach of contract and arbitration
1. Since Party B's liability is not completed according to the date stipulated in this contract, every one day overdue shall be repaid to Party A for overdue liquidated damages of one ten-thousandth of the budget; for those who are not covered by the contractor, they shall be repaid to each other for one day. Overdue liquidated damages of two thousandths of the budget labor costs.
2. Party A and Party B shall not owe all kinds of payables for any reason, such as delaying payment, and repaying the default payment of overdue payment according to the bank's short-term loan interest rate.
3. If the rationalization proposal award and the advance completion award are implemented, both parties shall agree separately according to the relevant policies.
4. In the event of a dispute over the contract for the construction and installation project, both parties shall consult in time. If the negotiation fails, either party may apply to the urban and rural construction committee at all levels or the competent department of the higher authorities at both levels for mediation; if it cannot be resolved, the following may be selected. Item handling: Apply to the Arbitration Commission of the building where the building is located for arbitration and directly file a lawsuit with the people's court.
Article 8 Supplementary Provisions
1. In the case of budget review, the construction unit shall submit the construction and installation project contract to the municipal construction project contract budget review office for review. If it is required for attestation, it may go to the district or county administration for industry and commerce at the location where the building is located for verification.
2. Before the signing of this contract, the construction preparation contract signed by both parties may be used as an auxiliary file of this contract.
3. The bidding project shall be signed in accordance with the “Temporary Measures for Bidding and Tendering of Construction Projects in XX City”.
4. Other matters agreed by the parties:
1.
2.
3.
4.
Article 9 Contract Attachment File
First, the list of engineering projects.
Second, all construction drawings.
Third, the construction drawing budget.
4. A list of materials and equipment that Party A is responsible for supplying.
V. Relevant agreements:
1.
2.
3.
4.
6. Relevant supplementary contract:
1.
2.
Article 10 Contracts and Validity Period
1. This contract is a ____ copy, and both parties shall submit one copy and submit a copy to the competent authorities of both parties.
2. This contract shall become effective on the date of signing by both parties. It expires after all projects have been completed and accepted and settled.
Construction unit:____________________
Project leader: ____________________________
____year month day
Construction unit: ____________________
Project leader: ____________________________
____year month day
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
Contractor:________________________________
Address: ____________ Postal Code ____________ Telephone ____________
Legal representative: ____________ Position ____________
In accordance with the "Contract Law of the People's Republic of China" and the relevant provisions of the ________ city, this contract was signed by both parties and was strictly implemented.
Article 1 Project
First, the project name: ________________
Second, the project location: ________________
Third, the project number: ________________
4. Project scope and content: The total construction area of the project is ________ square meters.
V. Project cost: The construction cost of all construction drawings is RMB ________ yuan, of which: labor costs ________ yuan.
Article 2 Term of the project
I. Date of completion: According to the quota of the period of time promulgated by the State, the contract completion date is as follows:
All projects were started from ________________________________________________________________________________________________________________________________________________________________________
2. The preparatory work before the construction shall be completed by the parties in accordance with the provisions of Article 3 of the Engineering Agreement.
3. During the construction process, the construction period may be extended in the following cases. The extension of the time limit shall be negotiated by both parties in a timely manner, and the agreement shall be signed and reported to the relevant department for the record.
1. Those who are forced to stop working due to irresistible human resources;
2. If Party A changes the plan or changes the construction drawing, it cannot continue the construction;
3. Because Party A cannot supply drawings, supplies, equipment or required materials, equipment is not suitable, and is forced to stop work or can not smoothly construct.
Article 3 Material supply
1. The materials required for all projects shall be handled in accordance with the following first supply methods:
1. Special materials, integrated pipe materials and mechanical and electrical products of the Department of Distribution are all purchased by Party A and supplied to the designated place of Party B. Other materials are purchased and supplied by Party B.
2. For the overall distribution and departmental materials, Party B shall be responsible for handling the application, ordering, adjustment and use, special materials and mechanical and electrical products of the department and department, and Party A shall be responsible for purchasing and supplying to the designated place of Party B. Other materials shall be purchased by Party B. supply.
3. The contractor does not include the project, and all materials and equipment are purchased and supplied by Party A to the site or designated processing location.
4. Other ways:
______________________________________________________________
2. Party A shall be responsible for the variety, specifications, quantity and entry period of materials and equipment, as detailed in Party A's supply materials and equipment list.
3. For complete sets of equipment and non-standard equipment, Party A shall be responsible for handling the application, ordering and processing, and Party A shall be responsible for the inspection before the introduction of complete sets of equipment is delivered to Party B.
4. The materials required for the project, if the specifications, varieties or materials of the supply department cannot meet the engineering requirements and must be replaced or processed by other specifications and varieties, the original design unit and Party A shall obtain the prior consent and be signed by the three parties. . The amount difference, price difference and processing fee incurred due to substitution or processing shall be settled according to the current regulations.
5. Any material that should be accompanied by a certificate of conformity must be verified by the supplier when entering the site; if there is no certificate of conformity, it must be used after the supplier has passed the test, and the test cost shall be borne by the supplier. As the construction unit or design unit requires retesting the materials with the factory certificate of conformity, the test cost shall be borne by Party A.
6. If the materials and equipment that Party A is responsible for supplying, if it is not delivered on time or the specifications and quality do not meet the requirements, it will not be solved by the efforts of both parties. Therefore, Party B’s losses shall be borne by Party A.
Article 4 Settlement of project funds
1. The settlement method of all project cost. According to the following provisions:
1. Settle the budget of the construction plan after the review plus the increase or decrease of the change budget.
2. According to the construction drawing budget plus the dry-coefficient coefficient, the package cost is settled, and the expenses outside the scope of the package are covered;
3. According to the standard construction drawing, the unilateral cost will be settled, and the expenses outside the scope of the package will be paid according to the relevant regulations.
4. The contractor does not include the project, and the labor fee is set according to the budget quota.
5. The project of bidding shall be settled according to the price of the winning bid.
2. The method of disbursement and settlement of project funds shall be handled in accordance with the current regulations.
Article 5 Construction and design changes
1. Party B shall organize the construction according to the construction acceptance specifications and quality inspection standards and design requirements issued by the State, and all shall be qualified.
Second, we must adhere to the construction according to the map, and no party may change the design at will. In the case of the following circumstances, the other party shall be responsible for the loss of work, rework, backlog of materials and components, construction strength and mechanical transfer, and shall be borne by the responsible party:
1. If any design is found to be wrong or seriously unreasonable during construction, Party B shall notify Party A in writing, and Party A shall agree with the original design unit within 7 days to propose to modify or change the design file, and sign the agreement between Party A and Party B. After that, the construction is accurate.
2. During construction, if the design change exceeds the original design standard or scale, it should be re-approved according to the approval procedure before construction. After reviewing the project budget by the review office, the bank will review the investment and the agreement will be signed by both parties. Can be constructed. Otherwise, no one may force the construction.
3. During the construction, if the construction is suspended or slowed down in the middle of the construction, both parties shall make a custom-made project to the safety site.
4. During the construction, if Party A is found to be under-invested, the project progress payment cannot be paid on time, and the construction will be suspended or slowed down, and the losses caused to Party B shall be borne by Party A.
3. Party B shall strictly implement the concealed project acceptance system. After the concealed project is completed, it must be recorded and accepted before proceeding to the next process. The general concealed project shall be inspected and accepted by Party B itself, and records shall be made. For major or complex concealed works, Party B shall notify Party A and the design unit in writing to jointly accept and accept the concealed works acceptance procedures. If Party A does not participate at that time, Party B may check and accept it by itself, and Party A shall acknowledge it.
4. Both Party A and Party B shall encounter construction projects in the course of construction and shall submit the approval according to the quota management method. The change budget attached to the change of the engineering agreement shall be sent to the bank in time for construction as the basis for settlement of the project.
Article 6 Completion acceptance, settlement and warranty
1. Party B shall notify Party A of the acceptance date in writing 5 days before the completion of the individual project. If Party A fails to participate in the acceptance on time, Party B shall notify Party B in advance to obtain the consent of Party B, and the acceptance date shall be separately set, but Party A shall acknowledge the completion. If the date is not accepted, the management fees and losses incurred by Party A shall be borne by Party A. And pay the overdue liquidated damages of Party B to one-tenth of the daily cost of the budget.
2. The completion acceptance of the completed project shall be completed within 3 days from the date of acceptance. If Party A fails to take over as scheduled, causing losses in the project after acceptance, Party A shall bear the responsibility.
3. If the unit project in this project is to be handed over to Party A separately, at the time of handover, both parties shall go through the intermediate acceptance procedures as the basis for the acceptance of the completion project of the unit.
4. In the completion of the completion of the project, if the quality of the project is found to be inconsistent with the regulations, Party B shall be responsible for the repair or rework without compensation, and shall be completed within the agreed measures and deadlines. After the experience is accepted, the transfer will be made. If the project is overdue, Party B shall reimburse Party A for overdue liquidated damages of one-tenth of a million per day of the budget.
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.
6. Acceptance of completion projects shall be based on the construction acceptance specifications issued by the State, the technician inspection standards and the construction drawings. In the case of completion acceptance, Party B shall provide Party A with the following files 10 days before the acceptance:
1. Increase or decrease the change file and other negotiation records;
2. Concealed project acceptance records and intermediate delivery acceptance records;
3. After the completion of the project, the as-built drawings shall be drawn. The construction unit shall make a description of the construction change on the original construction drawing and submit it to the construction unit for filing. If the project changes greatly, the construction unit may draw or commission the design unit or the construction unit to draw the as-built drawings.
7. After the completion and acceptance of the individual project, Party B shall belong to the industrial construction project within 15 days after the completion of the acceptance of the civil construction project. The completion settlement shall be sent to Party A for review within 30 days after the completion acceptance. Party A shall, after receiving the completion settlement, within 15 days of civil construction, the industrial construction shall be reviewed within 20 days. If no objection is filed at the expiration date, the appropriation bank shall approve the appropriation.
8. After the project is completed and accepted, Party B shall be responsible for one year's warranty on the quality of the civil works for construction, and the first heating period for the heating project. During the warranty period, Party B shall be responsible for free repairs due to quality accidents such as roof leakage, pipeline leakage, air leakage and blockage caused by the responsibility of the construction unit.
9. If the project is not experienced, Party A shall use it in advance or use it automatically. Party A shall be responsible for the quality or other problems arising therefrom.
Article 7 Liability for breach of contract and arbitration
1. Since Party B's liability is not completed according to the date stipulated in this contract, every one day overdue shall be repaid to Party A for overdue liquidated damages of one ten-thousandth of the budget; for those who are not covered by the contractor, they shall be repaid to each other for one day. Overdue liquidated damages of two thousandths of the budget labor costs.
2. Party A and Party B shall not owe all kinds of payables for any reason, such as delaying payment, and repaying the default payment of overdue payment according to the bank's short-term loan interest rate.
3. If the rationalization proposal award and the advance completion award are implemented, both parties shall agree separately according to the relevant policies.
4. In the event of a dispute over the contract for the construction and installation project, both parties shall consult in time. If the negotiation fails, either party may apply to the urban and rural construction committee at all levels or the competent department of the higher authorities at both levels for mediation; if it cannot be resolved, the following may be selected. Item handling: Apply to the Arbitration Commission of the building where the building is located for arbitration and directly file a lawsuit with the people's court.
Article 8 Supplementary Provisions
1. In the case of budget review, the construction unit shall submit the construction and installation project contract to the municipal construction project contract budget review office for review. If it is required for attestation, it may go to the district or county administration for industry and commerce at the location where the building is located for verification.
2. Before the signing of this contract, the construction preparation contract signed by both parties may be used as an auxiliary file of this contract.
3. The bidding project shall be signed in accordance with the “Temporary Measures for Bidding and Tendering of Construction Projects in XX City”.
4. Other matters agreed by the parties:
1.
2.
3.
4.
Article 9 Contract Attachment File
First, the list of engineering projects.
Second, all construction drawings.
Third, the construction drawing budget.
4. A list of materials and equipment that Party A is responsible for supplying.
V. Relevant agreements:
1.
2.
3.
4.
6. Relevant supplementary contract:
1.
2.
Article 10 Contracts and Validity Period
1. This contract is a ____ copy, and both parties shall submit one copy and submit a copy to the competent authorities of both parties.
2. This contract shall become effective on the date of signing by both parties. It expires after all projects have been completed and accepted and settled.
Construction unit:____________________
Project leader: ____________________________
____year month day
Construction unit: ____________________
Project leader: ____________________________
____year month day
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