Engineering construction supervision contract standard conditions

Word definition, applicable language and regulations

Article 1 The following nouns and terms have the following meanings unless otherwise specified in the context:

“Engineering” refers to the project that the owner entrusts to implement supervision.

“Owner” means the party that is directly responsible and entrusts the supervision business, and its legal successor.

“Supervisory unit” means the party that undertakes the supervision business and supervision responsibility, as well as its legal successor.

“Supervisory organization” refers to the organization where the supervision unit is stationed on the site to implement the supervision business.

“Third Party” means the parties involved in the construction of the project other than the owner and the supervision unit.

“Engineering Construction Supervision” includes normal supervision work, additional work and additional work.

“Day” means any period from midnight to the next noon and night.

"Month" is the period of time from the day when the Gregorian calendar starts from any day in a month to the day before the corresponding date in the next month.

Article 2 The laws and regulations applicable to the construction supervision contract are the national laws and administrative regulations, as well as the departmental regulations or local regulations and local regulations agreed upon in the special conditions.

Article 3 The writing, interpretation and explanation of the supervision contract shall be Chinese-led. When different language texts are interpreted differently, the Chinese contract text shall prevail.

Obligation of the supervision unit

Article 4 The list of the chief engineer and its main members of the supervision organization and the supervision plan shall be submitted to the owner, and the supervision business within the scope of the supervision project as stipulated in the special conditions of the supervision contract shall be completed.

Article 5 During the performance of the obligations of this contract, the supervision organization shall use reasonable skills to provide the owner with advice on the level of the supervision organization, and work diligently and diligently. Help the owners to achieve the goals of the contract, and fairly safeguard the legitimate rights and interests of all parties.

Article 6 The supervision institution shall use the facilities and articles provided by the owner to belong to the property of the owner. When the supervision work is completed or discontinued, the inventory of the facility and the remaining items shall be submitted to the owner and the facilities and items shall be handed over at the time and manner agreed upon in the contract.

Article 7 During the period of this contract or after the termination of the contract, the confidential information related to the project and the business activities of this contract shall not be disclosed without the consent of the relevant parties.

Owner's obligations

Article 8 The owner shall be responsible for the coordination of all external relations of the project construction and provide external conditions for the supervision work.

Article 9 The owner shall provide the supervision organization with the engineering materials required by the supervision organization related to the project free of charge within the time agreed by both parties.

Article 10 The landlord shall make a written decision on all matters that the supervisory unit submits in writing and requests to make a decision within the agreed time.

Article 11 The owner shall authorize a permanent representative who is familiar with the situation of the project and can make a decision quickly, and is responsible for contacting the supervisory unit. To replace the resident representative, the supervisory unit should be notified in advance.

Article 12 The landlord shall assign the supervision rights of the supervision unit and the division of functions of the main members of the supervision organization, notify the selected third party in writing in a timely manner, and clarify it in the contract signed with the third party.

Article 13 The owner shall provide the following assistance to the supervision organization:

Obtain a list of manufacturers of raw materials, components, machinery and equipment used in this project.

Provide a list of collaborating units and matching units related to the project.

Article 14 The owner shall provide the supervision institution with free facilities as stipulated in the contract-specific conditions, and give reasonable compensation to the self-provided units of the supervision unit.

Article 15 If the two parties agree that the owner provides staff and service personnel to the supervision organization free of charge, the corresponding clauses shall be added to the special conditions of the supervision contract.

The right of the supervisory unit

Article 16 The owner shall grant the following supervisory rights to the supervisory unit within the scope of the commissioned project:

The recommendation right of the engineering general design unit and the construction general contractor is selected.

Select the right of confirmation and negation of the contract design unit and the construction subcontractor.

Project construction related matters include project scale, design standards, planning and design, production process design and functional requirements, and the right to propose to the owner.

Technical problems in engineering structure design and other professional design, in accordance with the principles of safety and optimization, make independent recommendations to the design unit, and submit a written report to the owner; if the proposed proposal will increase the project cost, or extend the construction period, The owner’s consent should be obtained in advance.

According to the principle of quality assurance, construction period and cost reduction, the project construction organization design and technical plan shall make recommendations to the contractor and submit a written report to the owner; if the proposed proposal will increase the project cost and extend the construction period, it shall be prior Get the owner's consent.

The coordination and coordination of the organization and coordination of the relevant units of the project construction, important coordination matters should be reported to the owner in advance.

After the consent of the owner, the commencement order, the suspension order, and the resumption order will be issued.

The right to inspect the materials and construction quality used in the project. For materials and equipment that do not meet the design requirements and national quality standards, the right to notify the contractor to stop using; the procedures, sub-divisional projects and unsafe construction operations that do not meet the specifications and quality standards have the right to notify the contractor to stop the rectification, Rework. The contractor can only resume work after obtaining the reinstatement order of the supervision institution. The release stop and reinstatement order shall be reported to the owner in advance, and if it is not reported in an emergency, the written report shall be made to the owner within 24 hours.

The inspection and supervision rights of the construction progress of the project, as well as the actual completion date of the project or the signing right of the completion period specified in the project contract.

Within the scope of the project price agreed upon in the project contract, the right to review and sign the payment of the project payment, and the right of confirmation and negation of the settlement of the settlement project, without the signature of the supervision institution, the owner does not pay the construction cost.

Article 17 The supervision institution may, under the authority of the owner, propose changes to the obligations stipulated in any third-party contract. If the project cost, quality or progress is seriously affected by this, the change must be approved in advance by the owner. In the event of an emergency failure to report to the owner for approval, the change made by the supervisory organization shall also notify the owner as soon as possible. If the contractor is found to be ineffective during the supervision process, the supervisory agency may propose to exchange relevant personnel.

Article 18 Within the scope of the entrusted project, any opinion or request of the owner or a third party to the other party must first be submitted to the supervision organization, and the supervision organization shall study and dispose of the opinions, and then determine with the two parties. When a dispute arises between the owner and a third party, the supervisory agency shall, in accordance with its own functions, judge in an independent manner and conduct mediation impartially. When the dispute between the two parties is proposed by the government to the mediation and arbitration by the administrative department or the arbitration institution, the factual materials for the testimony shall be provided.

Owner's rights

Article 19 The owner has the selected general design unit and the general contractor, and the signing power for the contract.

Article 20 The owner has the right to determine the project scale, design standards, planning and design, production process design and design and use functional requirements, as well as the approval authority for engineering design changes.

Article 21 The replacement of the chief management engineer by the supervision unit shall be subject to the consent of the owner.

Article 22 The owner has the right to request the supervision organization to submit the monthly report of the supervision work and the special report within the scope of the supervision business.

Article 23 The owner has the right to request the supervisory unit to replace the incompetent supervisory personnel until the contract is terminated.

Responsibility of the supervision unit

Article 24 The term of responsibility of the supervision unit is the validity period of the supervision contract. In the supervision process, if the agreed date is exceeded due to the delay or delay of the construction progress, the two parties shall further agree on the corresponding extended contract period.

Article 25 During the period of responsibility, the supervision unit shall perform the obligations stipulated in the supervision contract. If the economic loss is caused by the negligence of the supervision unit, the owner should be compensated. The total amount of compensation shall not exceed the total number of supervision remuneration.

Article 26 The supervisory unit shall not be liable for the quality requirements and time limits for completion of third party breach of the contract.

The supervision contract cannot be performed in whole or in part due to force majeure, and the supervision unit is not responsible.

Article 27 When the supervision unit fails to establish the claim for compensation to the owner, the supervision unit shall compensate the owner for various expenses incurred as a result of the claim.

Owner's responsibility

Article 28 The owner shall perform the obligations stipulated in the supervision contract. If there is a violation, he shall be liable for breach of contract and compensate the economic losses caused by the supervision unit.

Article 29 If the owner's claim for compensation to the supervisory unit cannot be established, he shall compensate the various expenses incurred by the supervisory unit caused by the claim.

Contract effective, changed and terminated

Article 30 This contract shall come into force on the date of signature.

Article 31 If the supervision work is hindered or delayed due to the reasons of the owner or a third party, resulting in an increase in the workload or duration, the supervisory unit shall promptly notify the owner of the situation and the possible impact. The increased workload is considered as additional work, and the time to complete the supervision business should be extended accordingly and additional remuneration will be obtained.

Article 32 After the signing of the supervision contract, the actual situation changes, so that the supervision unit cannot perform the supervision business in whole or in part, the supervision unit shall immediately notify the owner. The completion time of the supervision business shall be extended. When the implementation of the supervision business resumes, it should be increased by no more than 42 days to resume the implementation of the supervision business. And pay the supervision fee according to the amount agreed by both parties.

Article 33 If the owner requests the supervision unit to suspend the supervision business or terminate the supervision contract in whole or in part, it shall notify the supervision unit 56 days in advance, and the supervision unit shall immediately arrange to stop the implementation of the supervision business.

When the owner believes that the supervision unit has not fulfilled the supervision obligation without justifiable reasons, it may issue a notice to the supervision unit indicating its unfulfilled obligations. If the owner fails to receive the reply within 21 days after the notice is given, the notice of termination of the supervision contract may be issued within 35 days after the first notice is issued, and the supervision contract shall be terminated.

Article 34: The supervision unit has not received the payment receipt within 30 days from the date when the supervision fee should be obtained, and the owner has not submitted any written opinions to the supervision unit, or has suspended the execution according to Article 32 or Article 33. When the time limit for supervision business exceeds half a year, the supervision unit may issue a notice to the owner to terminate the contract. If the owner's reply is not received within 14 days after the notice of termination of the supervision contract is issued, the notice of termination of the contract may be further issued. If the owner's reply is not received within 42 days after the second notice is issued, the contract may be terminated, or the suspension or suspension may be suspended. Perform all or part of the supervision business.

Article 35 If the supervising unit suspends or terminates the execution of the supervision business for its own reasons, its aftermath and the restoration of the execution of the supervision business shall be regarded as extra work and entitled to additional time and remuneration.

Article 36 The termination of an agreement of a contract does not affect the rights and responsibilities of the parties.

Supervisory fee

Article 37 The remuneration for normal supervision business, additional work and extra work shall be calculated according to the method stipulated in the special conditions of the supervision contract and shall be paid according to the agreed time and amount.

Article 38 If the owner fails to pay the supervision fee within the prescribed payment period, he shall compensate the supervision unit for the interest to be paid from the date of the payment. The amount of interest is calculated by multiplying the interest rate of the bank loan on the last day of the prescribed payment period by the time of the arrears.

Article 39 The currency currency and exchange rate used for the payment of supervision remuneration shall be stipulated by the contract-specific conditions.

Article 40 If the owner raises an objection to the remuneration or part of the remuneration item in the payment notice submitted by the supervising unit, he shall notify the supervising unit within 24 hours of receiving the payment notice, but the owner shall not delay other non-objection remuneration items. Payment.

Other

Article 41 The necessary supervision personnel of the commissioned project construction supervision office shall go abroad for inspection and the actual expenses shall be reported to the owner at any time upon approval by the owner.

Article 42 If the supervision unit is required to hire another expert for consultation or assistance, its expenses shall be borne by the supervision unit within the scope of supervision business, and the expenses shall be borne by the owner.

Article 43 The rationalization proposals put forward by the supervision organization in the supervision work shall enable the owners to obtain economic benefits, and the owners shall give appropriate material rewards.

Article 44 Without the written consent of the other party, neither the owner nor the supervisory unit may assign the rights and obligations stipulated in this contract.

Article 45 Except the written consent of the owner, the supervision unit and the staff shall not accept the remuneration related to the supervision project other than the contract of the supervision contract.

The supervisory unit shall not participate in any activity that may conflict with the interests of the owner as stipulated in the contract.

Settlement of Disputes

Article 46 The compensation for losses and damages caused by breach or termination of the contract shall be settled through negotiation between the owner and the supervisory unit. If no agreement is reached, it may be submitted to the competent department for coordination. If the agreement cannot be reached, the two parties choose:

1. Arbitration is arbitrated by the Arbitration Commission;

2. The lawsuit is under the jurisdiction of the people's court.

Special conditions for engineering construction supervision contract

Article 1 The regulations and supervision basis applicable to this contract:

Article 4 Supervision business:

Article 8 External conditions include:

Article 9 The engineering materials and time provided by the landlord agreed by both parties:

Article 10 The landlord shall provide a written reply to the supervisor's written submission and request for a decision within one day.

Article 14 The owner provides the following facilities to the supervision agency free of charge:

The self-provided units of the supervision unit shall provide the following financial compensation facilities:

Article 15 During the supervision period, the owner provides free staff to the supervision organization, and the chief management engineer arranges his work and provides free service personnel.

Article 25 If the supervising unit loses its position during the period of responsibility, it agrees to bear the responsibility according to the following methods and compensate for the loss:

Compensation = direct economic loss × reward ratio

Article 37 The owner agrees to pay the remuneration of the supervision unit according to the following calculation method, payment time and amount:

The owner agrees to pay the additional work fee according to the following calculation method, payment time and amount:

The owner agrees on the following calculation methods, payment time and amount, and pays additional work remuneration:

Article 39 The two parties agree to pay the remuneration and pay according to the exchange rate.

Article 43: Incentive measures:

Article 46 When a project construction supervision contract has a dispute in the course of performance, the owner and the supervision unit shall promptly resolve the dispute. When the negotiation fails, the two parties agree to settle the project by: 1. Arbitration by the Arbitration Commission; 2. Prosecution to the People's Court.