Construction project contracting (2)
Employer: _____
Contractor:_____
The above two parties have reached a following contractual agreement through friendly negotiation:
Chapter 1 General Specification of Contract
The meaning of the first word. The construction project construction contract text is composed of the construction project construction contract conditions and the construction project construction contract agreement terms. Its terminology shall have the meaning ascribed to it in this article, unless otherwise agreed in the terms of the agreement.
1. Employer: The parties agreed in the terms of the agreement, who have the qualification of the subcontracting entity and the ability to pay the project price.
2. Party A's representative at the construction site: Party A's representative in the terms of the agreement.
3. Contractor: The parties agreed in the terms of the agreement that have the qualification of the contracting entity and are accepted by the contracting party.
4. Party B's representative in the construction site: Party B's representative in the terms of the agreement.
5. Social supervision: Party A entrusts the project supervision unit or personnel with legal qualifications to supervise the project.
6. Supervisor: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level.
8. Project cost management department: the relevant department of the State Council, the construction administrative department at all levels or its authorized project cost management department.
9. Engineering quality supervision department: Relevant departments of the State Council, construction administrative departments at all levels or their authorized engineering quality supervision agencies.
10. Engineering: A permanent project in which the terms of the agreement stipulate specific content.
11. The contract price shall be calculated according to the various fees and fees stipulated in the relevant provisions or the terms of the agreement, and shall be used to pay the total amount of the price of the project completed by Party B in accordance with the contract.
12. Economic Expenditure: The contract price that has been incurred during construction and paid by Party A to increase the budget.
13. Fees: In addition to the contract price, Party A needs to pay directly for the expenses and the expenses that Party B should bear.
14. Duration: The contract period agreed in the terms of the agreement.
15. Date of commencement: The date of commencement of the project as agreed in the terms of the agreement.
16. Completion date: The date of completion of the project as agreed in the terms of the agreement.
17. Drawings: All drawings submitted by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site specified in the general plan of the construction site in the construction organization design or construction plan approved by Party A.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters and confirmed telegrams, telexes, etc., handwritten, typed, rewritten, printed according to the contract.
20. Force majeure: refers to natural disasters caused by war, turmoil, falling of flying objects or other non-A and Party B responsibilities, fires, and wind, rain, snow, earthquakes and other damages caused by the terms of the agreement.
21. Terms of the agreement: a written agreement signed after consultation between A and B in conjunction with specific projects.
Article 2 Contract files and order of interpretation. The composition and interpretation order of this contract are as follows:
1. Terms of the agreement;
2. Contractual conditions;
3. Negotiating, changing, etc., clearing the minutes and agreements of the rights and obligations of both parties;
4. The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
5. The bill of quantities or the project budget and drawings for determining the project cost;
6. Standards, specifications and other relevant technical information and technical requirements.
7. Letters, faxes, e-mails, etc. confirmed by both parties will be part of this contract and have the effect of a contract.
When the contract files are ambiguous or inconsistent, they shall be resolved by negotiation between the two parties without affecting the progress of the project; if the opinions of the two parties are still not consistent, they shall be resolved in accordance with the method stipulated in Article 30.
Article 3 The national standards and norms stipulated in the terms of the agreement must be used in the construction; if there are no corresponding standards and norms in the country, the standards and norms of the industry or the place where the project is located may be used in the terms of the agreement. Party A shall provide Party B with two agreed standards and specifications at the time agreed upon in the terms of the agreement.
When there is no corresponding standard or standard in China, Party B shall provide the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be executed after the approval of Party A's representative; if Party A requests to use foreign standards or specifications, it shall be responsible for providing the Chinese translation. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
Article 4 drawings. Party A shall provide Party B with complete construction drawings before the 15th day of the commencement date in accordance with the date and number of parts agreed upon in the terms of the agreement, and Party B shall complete the confidentiality of the drawings in accordance with the terms of the agreement. The costs of measures requiring special confidentiality shall be borne by Party A. Party B needs to increase the number of drawings, Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
Chapter II General Responsibilities
Article 5 Representative of Party A. Party A shall appoint a representative at the construction site to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract:
1. A representative of Party A may appoint relevant management personnel to assume some of his own powers and responsibilities, and may withdraw such appointments at any time. Both the delegation and the withdrawal shall be notified to Party B 5 days in advance.
2. The instructions and notices of the representative of Party A shall be submitted to the representative of Party B in writing after signing by himself, and the representative of Party B shall take effect after signing the name on the receipt and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 hours. Party B’s instructions to Party A’s representative shall be executed. Party A's representative cannot give a written confirmation in time. Party B shall submit a written confirmation request within 3 days after Party A's representative issues the export order. Party A's representative will not reply within 3 days after Party B's request for confirmation. Party B shall be deemed to have been requested by Party B. confirm. Party B believes that Party A’s instructions are not uniform and should submit a written notice within 24 hours after receiving the order. Party A’s representative will make a modification order or continue to execute the original order within 24 hours after receiving Party B’s notice, and notify Party B in writing. . In case of emergency, Party A shall request Party B to execute the instructions immediately or Party B has objection, but Party A's decision to continue the execution of the instructions shall be implemented by Party B. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A shall, in accordance with the contract, promptly provide Party B with the required instructions, approvals, drawings and other obligations. Otherwise, Party B shall notify Party A of the specific requirements, the reasons for the reasons and the consequences of the delay 24 hours after the agreed time. Party A shall not reply within 48 hours after receiving the notice, shall bear the economic expenses caused thereby, and postpone the delay of the construction period, and compensate Party B for the relevant losses.
In the course of implementing social supervision, Party A shall conclude a contract with the supervisor in writing to entrust the supervision contract. The chief engineer engineer appointed by Party A shall, in accordance with the terms of the agreement, exercise part or all of the powers of Party A's representatives in the contract to perform the duties of Party A's representatives, but shall not be entitled to terminate Party B's obligations in the contract.
Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 6 Party B's representative at the construction site. Party B appoints the person in charge of the construction site to exercise the contractual rights according to the following requirements and perform the duties stipulated in the contract:
1. Party B's request, request and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect;
2. The representative of Party B shall organize the construction according to the construction organization design approved by the representative of Party A and the instructions and instructions issued according to the contract. In case of emergency and unable to contact with the representative of Party A, emergency measures to ensure the safety of the project and personnel life and property may be taken, and a report shall be sent to the representative of Party A within 24 hours after the measures are taken. Responsibility is in Party A. Party A shall bear the economic expenses incurred thereby, and correspondingly extend the construction period. The responsibility shall be in Party B, and Party B shall bear the expenses.
Party B’s representative Yiren shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A works. Party A shall complete the following work in one or several phases in accordance with the time and requirements stipulated in the terms of the agreement:
1. Handling land acquisition, compensation for young trees and trees, house demolition, clearing ground, overhead and underground obstacles, so that the construction site has construction conditions, and will continue to be responsible for resolving the remaining problems after the commencement of work;
2. Connect the water, electricity and telecommunications lines required for construction from the outside of the construction site to the agreed place of the agreement, and ensure the needs during the construction period;
3. Open the access roads of construction sites and urban and rural public roads, as well as the main traffic trunks within the construction site as stipulated in the agreement, to meet the needs of construction and transportation, and to ensure smooth flow during construction;
4. Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the data is true and accurate;
5. Handling the approval procedures for various documents, approval documents and temporary land use, occupation of roads and special railway lines required for construction;
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection;
7. Organize Party B and the design unit to conduct the drawing review and submit the design to Party B;
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
Party A does not delay the completion of the above work in accordance with the contract, and bears the economic expenses caused thereby, and compensates Party B for the relevant losses, and the construction period is postponed accordingly.
Article 8 Party B works. Party B shall do the following work according to the time and requirements stipulated in the terms of the agreement:
1. Within the scope permitted by the design qualification certificate, complete the construction drawing design or the design supporting the project according to the requirements of the representative of Party A, and use it after approval by the representative of Party A.
2. Provide the Party's representative with the annual, quarterly and monthly project progress plans and corresponding progress statistics reports and engineering accident reports.
3. Provide lighting and guards, guards, fences and guards for non-night construction as required by the project. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred.
4. According to the quantity and requirements stipulated in the terms of the agreement, provide the representatives of Party A with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
5. Comply with the local government and relevant departments on the construction site traffic and construction noise management regulations, and the relevant procedures after Party A's consent, Party A shall bear the expenses incurred, except for the fines caused by Party B's responsibility.
6. Before the project has not been delivered to Party A, Party B shall be responsible for the protection of finished products of the completed project in accordance with the terms of the agreement. If damage occurs during the protection period, Party B shall repair it at its own expense. The part of the unit project and the corresponding economic expenditure required to be protected by special measures shall be agreed in the terms of the agreement. Party A shall bear the repair costs incurred by Party A in case of damage in advance.
7. Do the protection of underground pipelines and adjacent buildings and structures at the construction site according to the requirements of the contract.
8. Ensure that the construction site is clean and in compliance with relevant regulations. Before the handover, the requirements for the arrival of the contract file shall be cleared, and the losses and fines caused by violation of relevant regulations shall be borne.
Party B shall not perform the above-mentioned obligations, resulting in delays in construction period and loss of construction period, and shall compensate Party A for losses.
Article 9 progress plan. Party B shall submit the construction organization design and progress plan to Party A's representative on the date agreed in the terms of the agreement. Party A’s representatives shall approve or propose amendments at the time agreed in the terms of the agreement. If the application is overdue, it may be deemed that the construction organization design and schedule plan has been approved.
Party B must organize the construction according to the approved progress schedule, and accept the inspection and supervision of the progress of Party A's representatives. When the actual progress of the project does not match the progress plan, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and report to Party A for approval and implementation.
Article 10 is postponed. Party B shall begin construction according to the commencement date as stipulated in the terms of the agreement. Party B shall not start work on time and shall, within 5 days prior to the commencement date stipulated in the terms of the agreement, submit to the representative of Party A the reasons and requirements for the extension of the commencement of work. Party A’s representative replied to Party B within 3 days. The representative of Party A agrees to the extension request or does not reply within 3 days, which may be deemed to have agreed to Party B's request, and the construction period shall be postponed accordingly. The representative of Party A disagreed with the request for extension or Party B did not request the extension of the construction within the specified time. The date of completion will not be postponed.
Party A shall, after obtaining the consent of Party B to notify Party B in writing, postpone the commencement date and bear the economic expenses caused by Party B, and correspondingly extend the construction period.
Article 11 suspension of construction. Party A may request Party B to suspend construction when it is necessary, and submit a handling opinion within 48 hours after the request is made. Party B shall stop construction according to Party A's request, properly protect the completed project, and implement the resumption of work request after Party A's representative has disposed of the opinion. Party A's representative will continue construction after approval. If Party A's representative fails to submit a handling opinion within the specified time, or fails to reply within 48 hours after receiving Party B's request for reinstatement, Party B may reinstate it. The responsibility for the suspension of work shall be in Party A. Party A shall bear the economic expenses and correspondingly extend the construction period; the responsibility for the suspension shall be in Party B, and Party B shall bear the expenses incurred. As the representative of Party A did not respond in time, the construction could not be carried out. Party B may think that Party A has partially or partially canceled the contract, and Party A shall be liable for breach of contract.
Article 12 Delay in construction period. The delays in delaying the completion date are confirmed by the representative of Party A, and the construction period is postponed accordingly.
1. Engineering quantity changes and design changes;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. Force majeure;
4. Other circumstances as agreed in the contract or agreed by Party A's consent.
Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the economic expenses incurred. The representative of Party A shall confirm and reply within 5 days after receiving the report, and Party B shall not reply within the time limit. It can be considered that the extension request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B is liable for breach of contract.
Article 13 is scheduled in advance. If the construction needs to be completed in advance, the two parties will sign an early completion agreement after the agreement, and the contract completion date can be advanced. Party B shall report to the Party A for approval according to this revision schedule. Party A shall give approval within 5 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements.
1. Advance time;
2. The measures taken by Party B to catch up;
3. The conditions provided by Party A for the rush to work;
4. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
Chapter III Quality and Acceptance
Article 14 Inspection and rework. Party B shall conscientiously follow the requirements of standards, norms and design and the instructions issued by Party A's representative in accordance with the contract, and accept the inspection and inspection of Party A's representatives and their assigned personnel at any time, and provide convenience for inspection and inspection, and according to Party A's representative and delegated personnel. Requires rework, modification, and bears the cost of rework and modification caused by its own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still borne by Party B and the expenses incurred, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
The above inspections and inspections shall not affect the normal construction of the construction. If the construction is affected normally, the inspection and inspection shall be unqualified, and the expenses affecting the normal construction shall be borne by Party B. In addition, the economic expenses that affect normal construction will be borne by Party A, and the construction period will be extended accordingly.
Article 15 Engineering quality level. The quality of the project should meet the qualification requirements of the national or professional quality inspection and evaluation standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
If the party fails to meet the agreed conditions, Party A's representative may request Party B to rework, and Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework, and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract. If Party A fails to meet the agreed conditions, Party A shall bear the economic expenses for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The quality supervision department stipulated in the terms of the agreement, the arbitration fee and the resulting losses shall be borne by the losing party.
Article 16 Concealed works and intermediate acceptance. The project shall have coverage, cover-up conditions or intermediate acceptance points agreed upon in the terms of the agreement. Party B shall notify Party A to participate 48 hours before concealment and intermediate acceptance after passing the self-inspection. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. Party B prepares the acceptance record. After the acceptance is passed, the representative of Party A can sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B will re-accept it after modification within a limited time.
The quality of the project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.
Article 17 test drive. The equipment installation project has a single-machine no-load test condition. Party B organizes the test run and informs the representative of Party A 48 hours before the test. The notice includes the content, time and place of the test. Party B prepares the test record. Party A provides the necessary conditions for the test run. After the test drive passes, the representative of Party A signs the test record.
The equipment installation project has the conditions of linkage no-load test, Party A organizes the test, and informs Party B 48 hours before the test. The notice includes the content, time, place and requirements for preparation work of Party B. Party B shall prepare for the preparation work and test drive as required. After the test drive is passed, both parties will sign the test record before they can complete the acceptance check.
Due to design reasons, the test vehicle failed to meet the acceptance requirements. Party A is responsible for modifying the design, and Party B redesigns it according to the revised design. Party A shall bear the economic expenses for modifying the design cost, dismantling and re-installation, and the construction period shall be postponed accordingly.
If the test is not up to the acceptance requirements due to equipment manufacturing reasons, the purchasing party of the equipment shall be responsible for re-purchase or repair, and Party B shall be responsible for the dismantling and re-installation. The equipment shall be purchased by Party B. Party B shall bear the expenses for repair or re-purchase, dismantling and re-installation. The construction period shall not be postponed; the equipment shall be purchased by Party A, and Party A shall bear the above-mentioned various economic expenses, and the construction period shall be postponed accordingly.
Due to the construction reasons of Party B, the test of the vehicle failed to meet the acceptance requirements, and the representative of Party A proposed amendments within 24 hours after the test. After the modification, Party B will re-test the vehicle and bear the cost of modification and re-commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by Party A unless it is included in the contract price or otherwise agreed in the terms of the agreement.
Party A's representative did not propose repairs at the specified time, or the test drive was not signed on the test record. After 24 hours from the end of the test run, the record will take effect on its own, and Party B may continue construction or complete the completion procedures.
Article 18 Acceptance and re-inspection. Party A's representatives cannot participate in the acceptance or test on time. They must submit an extension request to Party B 24 hours before the start of acceptance or test, and the extension cannot exceed two days. Party A's representative failed to submit an extension request according to the above time, and did not participate in the acceptance or test drive. Party B may organize the acceptance or test drive by itself, and Party A shall acknowledge the acceptance or test record.
Regardless of whether or not the representative of Party A participates in the acceptance, Party B shall disclose it as required when it proposes a re-inspection of the concealed project. And re-cover or repair after inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter IV Contract Price and Payment
Article 19 Contract price and adjustment. After the contract price is stipulated in the terms of the agreement, neither party may change it without authorization. Adjustments may be made by agreement in the terms of the agreement or in any of the following circumstances.
1. The increase or decrease in the amount of work confirmed by the representative of Party A;
2. A design change or project negotiation confirmed by the representative of Party A;
3. The price adjustment announced by the project cost management department;
4. Within one week, the water supply, power outage, and power outage caused by non-Party B have accumulated more than 8 hours;
5. Other additions, subtractions or adjustments to the contractual agreement.
Party B shall notify the representative of Party A in writing within 10 days after the occurrence of the above-mentioned situation, and notify the handling bank and Party B after the approval of Party A's representative. If Party A's representative receives a notice from Party B and does not reply within 10 days, it is deemed to have been approved.
Article 20 The project payment is prepaid. Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the terms of the agreement, and deduct it from time to time according to the time and proportion agreed in the terms of the agreement. Party A does not prepay according to the agreement. Party B will send a notice to Party A for prepayment 10 days after the agreed prepayment time. Party A will not be able to prepay according to the requirements after receiving the notice. Party B can stop the construction 5 days after the notice is given. From the date of payment, Party B shall pay interest on the payables and assume liability for breach of contract.
Article 21 Verification of the quantity of work. Party B shall submit the report of the completed amount of work to the representative of Party A according to the time agreed in the terms of the agreement. Party A shall verify the completed project quantity according to the design drawings within 3 days after receiving the report, and notify Party B 24 hours before the measurement. Party B provides convenience for measurement and sends people to participate.
Party B shall not participate in the measurement without justified reasons. Party A shall conduct the measurement on its own, and the measurement result shall be deemed valid as the basis for payment of the project price. Party A's representative has not measured within 3 days after receiving Party B's report. From the 4th day, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project price. The representative of Party A shall not notify Party B according to the agreed time, so that Party B cannot participate in the measurement and the measurement result is invalid.
Party A's representative will not measure the amount of work that Party B has exceeded the requirements of the design drawings and the amount of work that will be reworked due to its own reasons.
Article 22 Payment of works. Party A shall calculate and pay the project price according to the time and method agreed upon by the terms of the agreement and the amount of work confirmed by the representative of Party A according to the unit price and the fee collection standard of the corresponding items constituting the contract price. Party A shall not pay within 10 days after signing the representative's signature, Party B may send a notice to Party A requesting payment. Party A shall not pay as required after receiving the notice from Party B. Party B may stop the construction 5 days after the notice is given. Party A shall be liable for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment of the project price. The agreement shall clearly stipulate the date of payment and the interest rate for the payment of the project price from the 11th day after Party A's measurement signature.
Chapter V Material Equipment Supply
Article 23 Party A supplies materials and equipment. Party A shall provide Party B with the material equipment and its product qualification certificate in accordance with the type, specification, quantity, unit price, quality grade and list of time and place of materials agreed upon in the terms of the agreement. The representative of Party A shall send the notice to Party B 24 hours before the acceptance of the materials and equipment, and Party B shall send the person to check with Party A. Regardless of whether Party B sends personnel to participate in the acceptance, Party B shall keep it in good condition after the acceptance, and Party B shall be responsible for compensation for the loss of damage, and Party A shall pay the corresponding storage fee. Party A shall not notify Party B of the acceptance according to the regulations, and Party B shall not be responsible for the storage of materials and equipment, and Party A shall be responsible for the loss of damage.
The materials and equipment supplied by Party A do not match the list, and are handled separately as follows:
1. The unit price of materials and equipment does not match the list, and Party A bears all the price differences.
2. The type, specification and quality level of the material equipment are inconsistent with the list. Party B may refuse to accept the storage. Party A shall ship it out of the construction site and re-purchase it. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box.
When Party B opens the box, Party A must be present to present the missing parts or quality grades, specifications and specifications are inconsistent, and Party A is responsible for making up the missing parts or repurchasing.
3. Party A's supply materials are inconsistent with the specifications of the list, and Party B may exchange and replace them on behalf of Party A. Party A shall bear the corresponding economic expenses.
4. The arrival location does not match the list, and Party A is responsible for the shipment to the designated location of the list.
5. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When more than the agreed quantity, Party A is responsible for transporting the excess part out of the construction site.
6. The supply time is earlier than the date agreed in the list, and Party A shall bear the custody expenses incurred as a result.
For the above reasons or later than the list of supply time, Party A shall bear the corresponding economic expenditure. Delays were issued and the construction period was postponed accordingly. Party A’s compensation resulted in Party B’s loss.
After passing the inspection by Party B, it is found that there is any inconsistency with the specifications and quality level of the list. Party A shall still bear the economic expenses of re-purchasing and dismantling and reconstruction, and correspondingly extend the construction period.
Article 24 Party B purchases materials and equipment. Party B shall, in accordance with the terms of the agreement, purchase the materials and equipment required for the project in accordance with the requirements of the design and specifications, and provide the product qualification certificate. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that do not conform to the design and specification requirements, Party A's representative refuses to accept the inspection. Party B shall ship the construction site at the time required by Party A's representative, re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. Party A cannot accept the inspection on time. After the acceptance, it is found that the materials and equipment do not meet the specifications and design requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses.
The delay in the construction period will be delayed accordingly.
According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. When Party A uses it, Party A shall bear the economic expenses incurred; when it is used by Party B, Party B shall bear the expenses incurred.
Chapter 6 Design Changes
Article 25 Design changes. Party B's change of the original design shall be subject to the approval of Party A's representative, and Party A shall obtain the following approval:
1. When the original design standard and scale are exceeded, it must be approved by the original design and planning review department to obtain corresponding additional investment and material indicators;
2. Send the original design unit for review and obtain the corresponding drawings and instructions.
Party A shall make changes to the original design during the construction. After obtaining the above two approvals, Party B shall issue a notice of change to Party B, and Party B shall proceed according to the notice. Otherwise, Party B has the right to refuse the change.
After the two parties handle the change and negotiate, Party B shall make the following changes as requested by Party A's representative:
1. Increase or decrease the number of projects agreed in the contract;
2. Change the nature, quality and specifications of the project;
3. Change the elevation, baseline, position and size of the relevant part;
4. Add additional work required for the project;
5. Change the construction time and sequence of the relevant project.
The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
Article 26 determines the price of the change. After the change specified in Article 25 occurs, Party B shall propose to change the price according to the following methods during the negotiation period between the two parties, and report the contract price and completion date after the approval of Party A's representative:
1. The price applicable to the change project in the contract is calculated according to the existing price of the contract, and the contract price is changed;
2. There is only a price similar to the change in the contract, which can be used as a basis to determine the price change and change the contract price;
3. There is no similar and applicable price in the contract. Party B proposes an appropriate price change and sends it to the representative of Party A for approval.
Party A’s representative cannot agree to the price change proposed by Party B. Within 10 days after Party B’s proposal, Party B will notify Party B to request the project cost management department to rule that there is still objection to the ruling and resolve it according to the method stipulated in Article 30.
Chapter VII Completion and Settlement
Article 27 Completion acceptance. The project has the conditions for completion and acceptance, and Party B shall provide Party A's representative with complete completion information and completion acceptance report in accordance with the relevant provisions of the national project completion. Submit the as-built drawings to Party A according to the date and number of copies agreed upon in the terms of the agreement. After receiving the completion acceptance report, Party A organizes the relevant departments to accept the acceptance within the time specified in the terms of the agreement, and approves or proposes amendments within 5 days after acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative will not organize the acceptance within 10 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 5 days after acceptance, and cannot propose amendments. It can be considered that the completion acceptance report has been approved. Settlement procedures.
The date of completion is the date on which Party B submits the completion acceptance report. If it is necessary to modify the completion requirements, it shall be the date on which Party B will submit the acceptance after Party B has revised it.
Party A shall not organize the inspection and acceptance according to the agreed date of the agreement, and shall bear the project storage expenses from the day after the last day of the agreed time limit.
For special reasons, when some units of the project and parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 28 is completed and settled. After the completion report is approved, Party B shall submit a settlement report to the representative of Party A in accordance with the relevant provisions of the State and the time and manner agreed in the terms of the agreement, and shall complete the settlement and settlement. After receiving the settlement report, Party A's representative shall promptly approve or propose amendments, and send the appropriation notice to the handling bank within the time limit agreed in the agreement, and send a copy to Party B. After the bank audit, the project payment will be paid to Party B. Party B will deliver the completed project to Party A within 15 days after receiving the project payment.
Because Party A violated relevant regulations and agreements. The handling bank cannot pay the construction cost, and Party B may retain part or all of the project and protect it properly. Party A shall bear the protection fee.
Party A shall not settle the settlement within 30 days after receiving the completion report without proper reasons. From the 31st day, the interest of the construction enterprise shall be paid according to the interest rate of the project to the bank, and the liability for breach of contract shall be borne.
Article 29 warranty. Party B shall pay the warranty payment for the warranty according to the relevant provisions of the State and the terms of the warranty, content, scope, duration, warranty amount and payment method.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For the single-acquisition acceptance project, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send personnel to repair within 10 days after receiving the notice of repair. Otherwise, Party A may entrust other units or personnel to repair. If the cost of repair is caused by Party B, Party A shall deduct the amount from the warranty, and the insufficient part shall be delivered by Party B. Party A shall bear the economic expenses for repairs due to reasons other than Party B.
If a certain amount of the contract price is used, and Party A shall pay the warranty method in Party B's project payment, Party A shall settle the loan within 20 days after the expiration of the insurance period, and refund the remaining warranty and the interest calculated according to the agreed interest rate of the agreed terms. Party B, the insufficient part is delivered by Party B.
Chapter VIII Disputes, Defaults and Claims
Article 30 Disputes. Party A and Party B may apply for arbitration to a contractual arbitration institution with jurisdiction due to a dispute arising from the contract.
After the dispute arises, both parties shall continue to perform the contract except for the following circumstances, keep the construction continuous, and protect the completed project:
1. The contract is indeed unfulfilled;
2. The two parties agreed to stop construction;
3. Mediation requires the construction to be stopped and accepted by both parties;
4. The arbitration institution requests to stop the construction;
5. The court requested that construction be stopped.
Article 31 is a breach of contract. Party A's representatives cannot give necessary instructions, confirmations, and approvals in a timely manner. If they fail to perform their obligations, payment, and other acts that prevent the contract from being fulfilled, they shall be liable for breach of contract and correspondingly extend the construction period; Payment of liquidated damages and compensation for losses caused by breach of contract to Party B.
Party B cannot complete the contract construction period, the construction quality does not meet the requirements of the design specification, or other acts that make the contract impossible to perform. Party A’s representative may notify Party B to pay the liquidated damages according to the terms of the agreement, and compensate for Party B’s breach of contract. The damage caused.
Unless the parties agree to terminate the contract, or if the contract fails to perform due to a breach of contract by one party, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.
If one party breaches the contract and the contract cannot be fulfilled, and the other party wants to suspend or cancel the entire contract, it shall notify the defaulting party 10 days in advance before the contract can be suspended or terminated, and the defaulting party shall be liable for breach of contract.
Article 32 Claim. Party A fails to pay various fees as agreed in the contract, delays the construction period, and compensates for losses. Party B may claim against Party A as follows:
1. Have a legitimate reason for the claim and have relevant evidence at the time of the claim;
2. Within 20 days after the occurrence of the claim, notify Party A of the claim for compensation;
3. Party A shall give approval within 10 days after receiving the notice of claim, or ask Party B to further supplement the claim reason and evidence. If Party A fails to reply within 10 days, it shall be deemed that the claim has been approved.
Chapter IX Other
Article 33 Safety construction. Party B shall take strict safety precautions in accordance with relevant regulations, and shall bear the responsibility for the accidents caused by the ineffectiveness of its own safety measures and the expenses incurred thereby. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
In the event of a major casualty, Party B shall promptly report to the relevant department and notify Party A's representative in accordance with relevant regulations. At the same time, according to the requirements of the relevant government departments. Party A provides the necessary conditions for the rescue. The expenses incurred shall be borne by the responsible party responsible for the accident.
Party B shall submit safety protection measures to the representatives of Party A before the construction of power equipment, high-voltage lines, underground pipelines, sealed earthquake-proof workshops, inflammable and explosive areas and temporary traffic lanes, and shall be implemented after approval by Party A's representatives. Party A shall bear the cost of protective measures.
In the construction of toxic and harmful environment, Party A shall provide corresponding protective measures in accordance with relevant regulations and bear relevant economic expenditures.
Article 34 Patent technology, special processes and rationalization proposals. Party A requires the use of patented technology and special processes, and is responsible for handling the corresponding declaration and approval procedures and undertaking the costs of declaration and testing. Party B shall use it according to Party A's requirements and be responsible for testing and other related work. Party B proposes to use the patented technology and special technology, and submit it to the representative of Party A for approval according to the above agreement.
Party B's proposal for rationalization involves changes to the drawings, design and construction organization design and the replacement of the original materials and equipment, which must be approved by the representative of Party A.
The costs incurred above and the proceeds received are shared or shared by the parties.
Article 35 Underground obstacles and cultural relics. Party B shall notify Party A within 4 hours of the discovery of cultural relics, ancient tombs, ancient building foundations and structures, fossils, coins and other items of archaeological or geological research value or other underground obstacles affecting construction during construction. Report relevant management departments and take effective protective measures.甲方代表應在收到通知後12小時內對乙方採取的措施給予批准或提出處理意見。甲方承擔保護措施的費用，延誤的工期相應順延。
第36條工程分包。乙方可按投標書和協定條款約定分包部分工程。
乙方與分包單位簽訂分包契約後，將副本送甲方代表。分包契約與本契約發生牴觸，以本契約為準。
分包契約不能解除乙方任何義務與責任。乙方應在分包場地派駐相應監督管理人員，保證契約的履行。分包單位的任何違約或疏忽，均視為乙方的違約或疏忽。
除協定條款另有約定，分包工程價款由乙方與分包單位結算。
第37條不可抗力。不可抗力發生後，乙方應迅速採取措施，盡力減少損失，並在24小時內向甲方代表通報受害情況，按協定條款約定的時間向甲方報告損失情況和清理、修復的費用。災害繼續發生，乙方應每隔10天向甲方報告一次災害情況，直到災害結束。甲方應對災害處理提供必要條件。
因災害發生的費用由雙方分別承擔：
1.工程本身的損害由甲方承擔；
2.人員傷亡由其所屬單位負責，並承擔相應費用；
3.造成乙方設備、機械的損壞及停工等損失，由乙方承擔；
4.所需清理修復工作的責任與費用的承擔，雙方另簽補充協定約定。
第38條保險。甲方按協定條款約定，辦理建築工程和在施工場地甲方人員及第三方人員生命財產的保險，並支付一應費用。
乙方辦理自己在施工場地人員生命財產和機械設備的保險，並支付一應費用。
投保後發生事故，乙方應在15天內向甲方提供損失情況和估價的報告，如損害繼續發生，乙方在15天后每10天報告一次，直到損害結束。
第39條工程停建或緩建。由於政策變化、不可抗力以及甲乙雙方之外原因導致工程停建或緩建，使契約不能繼續履行，乙方應妥善做好已完工程和已購材料、設備的保護和移交工作；按甲方要求將自有機械設備和人員撤出施工現場。甲方應為乙方撤出提供必要條件，支付以上的經濟支出，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經訂貨的材料、設備由訂方負責退貨，不能退還的貨款和退貨發生的費用，由甲方承擔。但未及時退貨造成的損失由責任方承擔。
第40條契約的生效與終止。本契約自協定條款約定的生效之日起生效。在竣工結算、甲方支付完畢，乙方將工程交付甲方後，除有關保修條款仍然生效外，其它條款即告終止，保修期滿後，有關保修條款終止。
第41條契約份數。契約正本兩份，具有同等效力，由甲乙雙方簽字蓋章後分別保存。副本份數按協定條款約定，由甲乙雙方分送有關部門。
雙方簽字
甲方：＿＿＿＿代理人：＿＿＿＿ 法人住址：＿＿＿ 電話：＿＿＿＿
乙方：＿＿＿＿代理人：＿＿＿＿ 法人住址：＿＿＿ 電話：＿＿＿＿
契約簽訂日期：＿＿＿＿＿
簽約地點：＿＿＿＿＿＿＿＿
Contractor:_____
The above two parties have reached a following contractual agreement through friendly negotiation:
Chapter 1 General Specification of Contract
The meaning of the first word. The construction project construction contract text is composed of the construction project construction contract conditions and the construction project construction contract agreement terms. Its terminology shall have the meaning ascribed to it in this article, unless otherwise agreed in the terms of the agreement.
1. Employer: The parties agreed in the terms of the agreement, who have the qualification of the subcontracting entity and the ability to pay the project price.
2. Party A's representative at the construction site: Party A's representative in the terms of the agreement.
3. Contractor: The parties agreed in the terms of the agreement that have the qualification of the contracting entity and are accepted by the contracting party.
4. Party B's representative in the construction site: Party B's representative in the terms of the agreement.
5. Social supervision: Party A entrusts the project supervision unit or personnel with legal qualifications to supervise the project.
6. Supervisor: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level.
8. Project cost management department: the relevant department of the State Council, the construction administrative department at all levels or its authorized project cost management department.
9. Engineering quality supervision department: Relevant departments of the State Council, construction administrative departments at all levels or their authorized engineering quality supervision agencies.
10. Engineering: A permanent project in which the terms of the agreement stipulate specific content.
11. The contract price shall be calculated according to the various fees and fees stipulated in the relevant provisions or the terms of the agreement, and shall be used to pay the total amount of the price of the project completed by Party B in accordance with the contract.
12. Economic Expenditure: The contract price that has been incurred during construction and paid by Party A to increase the budget.
13. Fees: In addition to the contract price, Party A needs to pay directly for the expenses and the expenses that Party B should bear.
14. Duration: The contract period agreed in the terms of the agreement.
15. Date of commencement: The date of commencement of the project as agreed in the terms of the agreement.
16. Completion date: The date of completion of the project as agreed in the terms of the agreement.
17. Drawings: All drawings submitted by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site specified in the general plan of the construction site in the construction organization design or construction plan approved by Party A.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters and confirmed telegrams, telexes, etc., handwritten, typed, rewritten, printed according to the contract.
20. Force majeure: refers to natural disasters caused by war, turmoil, falling of flying objects or other non-A and Party B responsibilities, fires, and wind, rain, snow, earthquakes and other damages caused by the terms of the agreement.
21. Terms of the agreement: a written agreement signed after consultation between A and B in conjunction with specific projects.
Article 2 Contract files and order of interpretation. The composition and interpretation order of this contract are as follows:
1. Terms of the agreement;
2. Contractual conditions;
3. Negotiating, changing, etc., clearing the minutes and agreements of the rights and obligations of both parties;
4. The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
5. The bill of quantities or the project budget and drawings for determining the project cost;
6. Standards, specifications and other relevant technical information and technical requirements.
7. Letters, faxes, e-mails, etc. confirmed by both parties will be part of this contract and have the effect of a contract.
When the contract files are ambiguous or inconsistent, they shall be resolved by negotiation between the two parties without affecting the progress of the project; if the opinions of the two parties are still not consistent, they shall be resolved in accordance with the method stipulated in Article 30.
Article 3 The national standards and norms stipulated in the terms of the agreement must be used in the construction; if there are no corresponding standards and norms in the country, the standards and norms of the industry or the place where the project is located may be used in the terms of the agreement. Party A shall provide Party B with two agreed standards and specifications at the time agreed upon in the terms of the agreement.
When there is no corresponding standard or standard in China, Party B shall provide the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be executed after the approval of Party A's representative; if Party A requests to use foreign standards or specifications, it shall be responsible for providing the Chinese translation. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
Article 4 drawings. Party A shall provide Party B with complete construction drawings before the 15th day of the commencement date in accordance with the date and number of parts agreed upon in the terms of the agreement, and Party B shall complete the confidentiality of the drawings in accordance with the terms of the agreement. The costs of measures requiring special confidentiality shall be borne by Party A. Party B needs to increase the number of drawings, Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
Chapter II General Responsibilities
Article 5 Representative of Party A. Party A shall appoint a representative at the construction site to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract:
1. A representative of Party A may appoint relevant management personnel to assume some of his own powers and responsibilities, and may withdraw such appointments at any time. Both the delegation and the withdrawal shall be notified to Party B 5 days in advance.
2. The instructions and notices of the representative of Party A shall be submitted to the representative of Party B in writing after signing by himself, and the representative of Party B shall take effect after signing the name on the receipt and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 hours. Party B’s instructions to Party A’s representative shall be executed. Party A's representative cannot give a written confirmation in time. Party B shall submit a written confirmation request within 3 days after Party A's representative issues the export order. Party A's representative will not reply within 3 days after Party B's request for confirmation. Party B shall be deemed to have been requested by Party B. confirm. Party B believes that Party A’s instructions are not uniform and should submit a written notice within 24 hours after receiving the order. Party A’s representative will make a modification order or continue to execute the original order within 24 hours after receiving Party B’s notice, and notify Party B in writing. . In case of emergency, Party A shall request Party B to execute the instructions immediately or Party B has objection, but Party A's decision to continue the execution of the instructions shall be implemented by Party B. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A shall, in accordance with the contract, promptly provide Party B with the required instructions, approvals, drawings and other obligations. Otherwise, Party B shall notify Party A of the specific requirements, the reasons for the reasons and the consequences of the delay 24 hours after the agreed time. Party A shall not reply within 48 hours after receiving the notice, shall bear the economic expenses caused thereby, and postpone the delay of the construction period, and compensate Party B for the relevant losses.
In the course of implementing social supervision, Party A shall conclude a contract with the supervisor in writing to entrust the supervision contract. The chief engineer engineer appointed by Party A shall, in accordance with the terms of the agreement, exercise part or all of the powers of Party A's representatives in the contract to perform the duties of Party A's representatives, but shall not be entitled to terminate Party B's obligations in the contract.
Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 6 Party B's representative at the construction site. Party B appoints the person in charge of the construction site to exercise the contractual rights according to the following requirements and perform the duties stipulated in the contract:
1. Party B's request, request and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect;
2. The representative of Party B shall organize the construction according to the construction organization design approved by the representative of Party A and the instructions and instructions issued according to the contract. In case of emergency and unable to contact with the representative of Party A, emergency measures to ensure the safety of the project and personnel life and property may be taken, and a report shall be sent to the representative of Party A within 24 hours after the measures are taken. Responsibility is in Party A. Party A shall bear the economic expenses incurred thereby, and correspondingly extend the construction period. The responsibility shall be in Party B, and Party B shall bear the expenses.
Party B’s representative Yiren shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A works. Party A shall complete the following work in one or several phases in accordance with the time and requirements stipulated in the terms of the agreement:
1. Handling land acquisition, compensation for young trees and trees, house demolition, clearing ground, overhead and underground obstacles, so that the construction site has construction conditions, and will continue to be responsible for resolving the remaining problems after the commencement of work;
2. Connect the water, electricity and telecommunications lines required for construction from the outside of the construction site to the agreed place of the agreement, and ensure the needs during the construction period;
3. Open the access roads of construction sites and urban and rural public roads, as well as the main traffic trunks within the construction site as stipulated in the agreement, to meet the needs of construction and transportation, and to ensure smooth flow during construction;
4. Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the data is true and accurate;
5. Handling the approval procedures for various documents, approval documents and temporary land use, occupation of roads and special railway lines required for construction;
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection;
7. Organize Party B and the design unit to conduct the drawing review and submit the design to Party B;
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
Party A does not delay the completion of the above work in accordance with the contract, and bears the economic expenses caused thereby, and compensates Party B for the relevant losses, and the construction period is postponed accordingly.
Article 8 Party B works. Party B shall do the following work according to the time and requirements stipulated in the terms of the agreement:
1. Within the scope permitted by the design qualification certificate, complete the construction drawing design or the design supporting the project according to the requirements of the representative of Party A, and use it after approval by the representative of Party A.
2. Provide the Party's representative with the annual, quarterly and monthly project progress plans and corresponding progress statistics reports and engineering accident reports.
3. Provide lighting and guards, guards, fences and guards for non-night construction as required by the project. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred.
4. According to the quantity and requirements stipulated in the terms of the agreement, provide the representatives of Party A with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
5. Comply with the local government and relevant departments on the construction site traffic and construction noise management regulations, and the relevant procedures after Party A's consent, Party A shall bear the expenses incurred, except for the fines caused by Party B's responsibility.
6. Before the project has not been delivered to Party A, Party B shall be responsible for the protection of finished products of the completed project in accordance with the terms of the agreement. If damage occurs during the protection period, Party B shall repair it at its own expense. The part of the unit project and the corresponding economic expenditure required to be protected by special measures shall be agreed in the terms of the agreement. Party A shall bear the repair costs incurred by Party A in case of damage in advance.
7. Do the protection of underground pipelines and adjacent buildings and structures at the construction site according to the requirements of the contract.
8. Ensure that the construction site is clean and in compliance with relevant regulations. Before the handover, the requirements for the arrival of the contract file shall be cleared, and the losses and fines caused by violation of relevant regulations shall be borne.
Party B shall not perform the above-mentioned obligations, resulting in delays in construction period and loss of construction period, and shall compensate Party A for losses.
Article 9 progress plan. Party B shall submit the construction organization design and progress plan to Party A's representative on the date agreed in the terms of the agreement. Party A’s representatives shall approve or propose amendments at the time agreed in the terms of the agreement. If the application is overdue, it may be deemed that the construction organization design and schedule plan has been approved.
Party B must organize the construction according to the approved progress schedule, and accept the inspection and supervision of the progress of Party A's representatives. When the actual progress of the project does not match the progress plan, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and report to Party A for approval and implementation.
Article 10 is postponed. Party B shall begin construction according to the commencement date as stipulated in the terms of the agreement. Party B shall not start work on time and shall, within 5 days prior to the commencement date stipulated in the terms of the agreement, submit to the representative of Party A the reasons and requirements for the extension of the commencement of work. Party A’s representative replied to Party B within 3 days. The representative of Party A agrees to the extension request or does not reply within 3 days, which may be deemed to have agreed to Party B's request, and the construction period shall be postponed accordingly. The representative of Party A disagreed with the request for extension or Party B did not request the extension of the construction within the specified time. The date of completion will not be postponed.
Party A shall, after obtaining the consent of Party B to notify Party B in writing, postpone the commencement date and bear the economic expenses caused by Party B, and correspondingly extend the construction period.
Article 11 suspension of construction. Party A may request Party B to suspend construction when it is necessary, and submit a handling opinion within 48 hours after the request is made. Party B shall stop construction according to Party A's request, properly protect the completed project, and implement the resumption of work request after Party A's representative has disposed of the opinion. Party A's representative will continue construction after approval. If Party A's representative fails to submit a handling opinion within the specified time, or fails to reply within 48 hours after receiving Party B's request for reinstatement, Party B may reinstate it. The responsibility for the suspension of work shall be in Party A. Party A shall bear the economic expenses and correspondingly extend the construction period; the responsibility for the suspension shall be in Party B, and Party B shall bear the expenses incurred. As the representative of Party A did not respond in time, the construction could not be carried out. Party B may think that Party A has partially or partially canceled the contract, and Party A shall be liable for breach of contract.
Article 12 Delay in construction period. The delays in delaying the completion date are confirmed by the representative of Party A, and the construction period is postponed accordingly.
1. Engineering quantity changes and design changes;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. Force majeure;
4. Other circumstances as agreed in the contract or agreed by Party A's consent.
Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the economic expenses incurred. The representative of Party A shall confirm and reply within 5 days after receiving the report, and Party B shall not reply within the time limit. It can be considered that the extension request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B is liable for breach of contract.
Article 13 is scheduled in advance. If the construction needs to be completed in advance, the two parties will sign an early completion agreement after the agreement, and the contract completion date can be advanced. Party B shall report to the Party A for approval according to this revision schedule. Party A shall give approval within 5 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements.
1. Advance time;
2. The measures taken by Party B to catch up;
3. The conditions provided by Party A for the rush to work;
4. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
Chapter III Quality and Acceptance
Article 14 Inspection and rework. Party B shall conscientiously follow the requirements of standards, norms and design and the instructions issued by Party A's representative in accordance with the contract, and accept the inspection and inspection of Party A's representatives and their assigned personnel at any time, and provide convenience for inspection and inspection, and according to Party A's representative and delegated personnel. Requires rework, modification, and bears the cost of rework and modification caused by its own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still borne by Party B and the expenses incurred, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
The above inspections and inspections shall not affect the normal construction of the construction. If the construction is affected normally, the inspection and inspection shall be unqualified, and the expenses affecting the normal construction shall be borne by Party B. In addition, the economic expenses that affect normal construction will be borne by Party A, and the construction period will be extended accordingly.
Article 15 Engineering quality level. The quality of the project should meet the qualification requirements of the national or professional quality inspection and evaluation standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
If the party fails to meet the agreed conditions, Party A's representative may request Party B to rework, and Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework, and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract. If Party A fails to meet the agreed conditions, Party A shall bear the economic expenses for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The quality supervision department stipulated in the terms of the agreement, the arbitration fee and the resulting losses shall be borne by the losing party.
Article 16 Concealed works and intermediate acceptance. The project shall have coverage, cover-up conditions or intermediate acceptance points agreed upon in the terms of the agreement. Party B shall notify Party A to participate 48 hours before concealment and intermediate acceptance after passing the self-inspection. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. Party B prepares the acceptance record. After the acceptance is passed, the representative of Party A can sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B will re-accept it after modification within a limited time.
The quality of the project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.
Article 17 test drive. The equipment installation project has a single-machine no-load test condition. Party B organizes the test run and informs the representative of Party A 48 hours before the test. The notice includes the content, time and place of the test. Party B prepares the test record. Party A provides the necessary conditions for the test run. After the test drive passes, the representative of Party A signs the test record.
The equipment installation project has the conditions of linkage no-load test, Party A organizes the test, and informs Party B 48 hours before the test. The notice includes the content, time, place and requirements for preparation work of Party B. Party B shall prepare for the preparation work and test drive as required. After the test drive is passed, both parties will sign the test record before they can complete the acceptance check.
Due to design reasons, the test vehicle failed to meet the acceptance requirements. Party A is responsible for modifying the design, and Party B redesigns it according to the revised design. Party A shall bear the economic expenses for modifying the design cost, dismantling and re-installation, and the construction period shall be postponed accordingly.
If the test is not up to the acceptance requirements due to equipment manufacturing reasons, the purchasing party of the equipment shall be responsible for re-purchase or repair, and Party B shall be responsible for the dismantling and re-installation. The equipment shall be purchased by Party B. Party B shall bear the expenses for repair or re-purchase, dismantling and re-installation. The construction period shall not be postponed; the equipment shall be purchased by Party A, and Party A shall bear the above-mentioned various economic expenses, and the construction period shall be postponed accordingly.
Due to the construction reasons of Party B, the test of the vehicle failed to meet the acceptance requirements, and the representative of Party A proposed amendments within 24 hours after the test. After the modification, Party B will re-test the vehicle and bear the cost of modification and re-commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by Party A unless it is included in the contract price or otherwise agreed in the terms of the agreement.
Party A's representative did not propose repairs at the specified time, or the test drive was not signed on the test record. After 24 hours from the end of the test run, the record will take effect on its own, and Party B may continue construction or complete the completion procedures.
Article 18 Acceptance and re-inspection. Party A's representatives cannot participate in the acceptance or test on time. They must submit an extension request to Party B 24 hours before the start of acceptance or test, and the extension cannot exceed two days. Party A's representative failed to submit an extension request according to the above time, and did not participate in the acceptance or test drive. Party B may organize the acceptance or test drive by itself, and Party A shall acknowledge the acceptance or test record.
Regardless of whether or not the representative of Party A participates in the acceptance, Party B shall disclose it as required when it proposes a re-inspection of the concealed project. And re-cover or repair after inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter IV Contract Price and Payment
Article 19 Contract price and adjustment. After the contract price is stipulated in the terms of the agreement, neither party may change it without authorization. Adjustments may be made by agreement in the terms of the agreement or in any of the following circumstances.
1. The increase or decrease in the amount of work confirmed by the representative of Party A;
2. A design change or project negotiation confirmed by the representative of Party A;
3. The price adjustment announced by the project cost management department;
4. Within one week, the water supply, power outage, and power outage caused by non-Party B have accumulated more than 8 hours;
5. Other additions, subtractions or adjustments to the contractual agreement.
Party B shall notify the representative of Party A in writing within 10 days after the occurrence of the above-mentioned situation, and notify the handling bank and Party B after the approval of Party A's representative. If Party A's representative receives a notice from Party B and does not reply within 10 days, it is deemed to have been approved.
Article 20 The project payment is prepaid. Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the terms of the agreement, and deduct it from time to time according to the time and proportion agreed in the terms of the agreement. Party A does not prepay according to the agreement. Party B will send a notice to Party A for prepayment 10 days after the agreed prepayment time. Party A will not be able to prepay according to the requirements after receiving the notice. Party B can stop the construction 5 days after the notice is given. From the date of payment, Party B shall pay interest on the payables and assume liability for breach of contract.
Article 21 Verification of the quantity of work. Party B shall submit the report of the completed amount of work to the representative of Party A according to the time agreed in the terms of the agreement. Party A shall verify the completed project quantity according to the design drawings within 3 days after receiving the report, and notify Party B 24 hours before the measurement. Party B provides convenience for measurement and sends people to participate.
Party B shall not participate in the measurement without justified reasons. Party A shall conduct the measurement on its own, and the measurement result shall be deemed valid as the basis for payment of the project price. Party A's representative has not measured within 3 days after receiving Party B's report. From the 4th day, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project price. The representative of Party A shall not notify Party B according to the agreed time, so that Party B cannot participate in the measurement and the measurement result is invalid.
Party A's representative will not measure the amount of work that Party B has exceeded the requirements of the design drawings and the amount of work that will be reworked due to its own reasons.
Article 22 Payment of works. Party A shall calculate and pay the project price according to the time and method agreed upon by the terms of the agreement and the amount of work confirmed by the representative of Party A according to the unit price and the fee collection standard of the corresponding items constituting the contract price. Party A shall not pay within 10 days after signing the representative's signature, Party B may send a notice to Party A requesting payment. Party A shall not pay as required after receiving the notice from Party B. Party B may stop the construction 5 days after the notice is given. Party A shall be liable for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment of the project price. The agreement shall clearly stipulate the date of payment and the interest rate for the payment of the project price from the 11th day after Party A's measurement signature.
Chapter V Material Equipment Supply
Article 23 Party A supplies materials and equipment. Party A shall provide Party B with the material equipment and its product qualification certificate in accordance with the type, specification, quantity, unit price, quality grade and list of time and place of materials agreed upon in the terms of the agreement. The representative of Party A shall send the notice to Party B 24 hours before the acceptance of the materials and equipment, and Party B shall send the person to check with Party A. Regardless of whether Party B sends personnel to participate in the acceptance, Party B shall keep it in good condition after the acceptance, and Party B shall be responsible for compensation for the loss of damage, and Party A shall pay the corresponding storage fee. Party A shall not notify Party B of the acceptance according to the regulations, and Party B shall not be responsible for the storage of materials and equipment, and Party A shall be responsible for the loss of damage.
The materials and equipment supplied by Party A do not match the list, and are handled separately as follows:
1. The unit price of materials and equipment does not match the list, and Party A bears all the price differences.
2. The type, specification and quality level of the material equipment are inconsistent with the list. Party B may refuse to accept the storage. Party A shall ship it out of the construction site and re-purchase it. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box.
When Party B opens the box, Party A must be present to present the missing parts or quality grades, specifications and specifications are inconsistent, and Party A is responsible for making up the missing parts or repurchasing.
3. Party A's supply materials are inconsistent with the specifications of the list, and Party B may exchange and replace them on behalf of Party A. Party A shall bear the corresponding economic expenses.
4. The arrival location does not match the list, and Party A is responsible for the shipment to the designated location of the list.
5. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When more than the agreed quantity, Party A is responsible for transporting the excess part out of the construction site.
6. The supply time is earlier than the date agreed in the list, and Party A shall bear the custody expenses incurred as a result.
For the above reasons or later than the list of supply time, Party A shall bear the corresponding economic expenditure. Delays were issued and the construction period was postponed accordingly. Party A’s compensation resulted in Party B’s loss.
After passing the inspection by Party B, it is found that there is any inconsistency with the specifications and quality level of the list. Party A shall still bear the economic expenses of re-purchasing and dismantling and reconstruction, and correspondingly extend the construction period.
Article 24 Party B purchases materials and equipment. Party B shall, in accordance with the terms of the agreement, purchase the materials and equipment required for the project in accordance with the requirements of the design and specifications, and provide the product qualification certificate. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that do not conform to the design and specification requirements, Party A's representative refuses to accept the inspection. Party B shall ship the construction site at the time required by Party A's representative, re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. Party A cannot accept the inspection on time. After the acceptance, it is found that the materials and equipment do not meet the specifications and design requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses.
The delay in the construction period will be delayed accordingly.
According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. When Party A uses it, Party A shall bear the economic expenses incurred; when it is used by Party B, Party B shall bear the expenses incurred.
Chapter 6 Design Changes
Article 25 Design changes. Party B's change of the original design shall be subject to the approval of Party A's representative, and Party A shall obtain the following approval:
1. When the original design standard and scale are exceeded, it must be approved by the original design and planning review department to obtain corresponding additional investment and material indicators;
2. Send the original design unit for review and obtain the corresponding drawings and instructions.
Party A shall make changes to the original design during the construction. After obtaining the above two approvals, Party B shall issue a notice of change to Party B, and Party B shall proceed according to the notice. Otherwise, Party B has the right to refuse the change.
After the two parties handle the change and negotiate, Party B shall make the following changes as requested by Party A's representative:
1. Increase or decrease the number of projects agreed in the contract;
2. Change the nature, quality and specifications of the project;
3. Change the elevation, baseline, position and size of the relevant part;
4. Add additional work required for the project;
5. Change the construction time and sequence of the relevant project.
The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
Article 26 determines the price of the change. After the change specified in Article 25 occurs, Party B shall propose to change the price according to the following methods during the negotiation period between the two parties, and report the contract price and completion date after the approval of Party A's representative:
1. The price applicable to the change project in the contract is calculated according to the existing price of the contract, and the contract price is changed;
2. There is only a price similar to the change in the contract, which can be used as a basis to determine the price change and change the contract price;
3. There is no similar and applicable price in the contract. Party B proposes an appropriate price change and sends it to the representative of Party A for approval.
Party A’s representative cannot agree to the price change proposed by Party B. Within 10 days after Party B’s proposal, Party B will notify Party B to request the project cost management department to rule that there is still objection to the ruling and resolve it according to the method stipulated in Article 30.
Chapter VII Completion and Settlement
Article 27 Completion acceptance. The project has the conditions for completion and acceptance, and Party B shall provide Party A's representative with complete completion information and completion acceptance report in accordance with the relevant provisions of the national project completion. Submit the as-built drawings to Party A according to the date and number of copies agreed upon in the terms of the agreement. After receiving the completion acceptance report, Party A organizes the relevant departments to accept the acceptance within the time specified in the terms of the agreement, and approves or proposes amendments within 5 days after acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative will not organize the acceptance within 10 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 5 days after acceptance, and cannot propose amendments. It can be considered that the completion acceptance report has been approved. Settlement procedures.
The date of completion is the date on which Party B submits the completion acceptance report. If it is necessary to modify the completion requirements, it shall be the date on which Party B will submit the acceptance after Party B has revised it.
Party A shall not organize the inspection and acceptance according to the agreed date of the agreement, and shall bear the project storage expenses from the day after the last day of the agreed time limit.
For special reasons, when some units of the project and parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 28 is completed and settled. After the completion report is approved, Party B shall submit a settlement report to the representative of Party A in accordance with the relevant provisions of the State and the time and manner agreed in the terms of the agreement, and shall complete the settlement and settlement. After receiving the settlement report, Party A's representative shall promptly approve or propose amendments, and send the appropriation notice to the handling bank within the time limit agreed in the agreement, and send a copy to Party B. After the bank audit, the project payment will be paid to Party B. Party B will deliver the completed project to Party A within 15 days after receiving the project payment.
Because Party A violated relevant regulations and agreements. The handling bank cannot pay the construction cost, and Party B may retain part or all of the project and protect it properly. Party A shall bear the protection fee.
Party A shall not settle the settlement within 30 days after receiving the completion report without proper reasons. From the 31st day, the interest of the construction enterprise shall be paid according to the interest rate of the project to the bank, and the liability for breach of contract shall be borne.
Article 29 warranty. Party B shall pay the warranty payment for the warranty according to the relevant provisions of the State and the terms of the warranty, content, scope, duration, warranty amount and payment method.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For the single-acquisition acceptance project, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send personnel to repair within 10 days after receiving the notice of repair. Otherwise, Party A may entrust other units or personnel to repair. If the cost of repair is caused by Party B, Party A shall deduct the amount from the warranty, and the insufficient part shall be delivered by Party B. Party A shall bear the economic expenses for repairs due to reasons other than Party B.
If a certain amount of the contract price is used, and Party A shall pay the warranty method in Party B's project payment, Party A shall settle the loan within 20 days after the expiration of the insurance period, and refund the remaining warranty and the interest calculated according to the agreed interest rate of the agreed terms. Party B, the insufficient part is delivered by Party B.
Chapter VIII Disputes, Defaults and Claims
Article 30 Disputes. Party A and Party B may apply for arbitration to a contractual arbitration institution with jurisdiction due to a dispute arising from the contract.
After the dispute arises, both parties shall continue to perform the contract except for the following circumstances, keep the construction continuous, and protect the completed project:
1. The contract is indeed unfulfilled;
2. The two parties agreed to stop construction;
3. Mediation requires the construction to be stopped and accepted by both parties;
4. The arbitration institution requests to stop the construction;
5. The court requested that construction be stopped.
Article 31 is a breach of contract. Party A's representatives cannot give necessary instructions, confirmations, and approvals in a timely manner. If they fail to perform their obligations, payment, and other acts that prevent the contract from being fulfilled, they shall be liable for breach of contract and correspondingly extend the construction period; Payment of liquidated damages and compensation for losses caused by breach of contract to Party B.
Party B cannot complete the contract construction period, the construction quality does not meet the requirements of the design specification, or other acts that make the contract impossible to perform. Party A’s representative may notify Party B to pay the liquidated damages according to the terms of the agreement, and compensate for Party B’s breach of contract. The damage caused.
Unless the parties agree to terminate the contract, or if the contract fails to perform due to a breach of contract by one party, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.
If one party breaches the contract and the contract cannot be fulfilled, and the other party wants to suspend or cancel the entire contract, it shall notify the defaulting party 10 days in advance before the contract can be suspended or terminated, and the defaulting party shall be liable for breach of contract.
Article 32 Claim. Party A fails to pay various fees as agreed in the contract, delays the construction period, and compensates for losses. Party B may claim against Party A as follows:
1. Have a legitimate reason for the claim and have relevant evidence at the time of the claim;
2. Within 20 days after the occurrence of the claim, notify Party A of the claim for compensation;
3. Party A shall give approval within 10 days after receiving the notice of claim, or ask Party B to further supplement the claim reason and evidence. If Party A fails to reply within 10 days, it shall be deemed that the claim has been approved.
Chapter IX Other
Article 33 Safety construction. Party B shall take strict safety precautions in accordance with relevant regulations, and shall bear the responsibility for the accidents caused by the ineffectiveness of its own safety measures and the expenses incurred thereby. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
In the event of a major casualty, Party B shall promptly report to the relevant department and notify Party A's representative in accordance with relevant regulations. At the same time, according to the requirements of the relevant government departments. Party A provides the necessary conditions for the rescue. The expenses incurred shall be borne by the responsible party responsible for the accident.
Party B shall submit safety protection measures to the representatives of Party A before the construction of power equipment, high-voltage lines, underground pipelines, sealed earthquake-proof workshops, inflammable and explosive areas and temporary traffic lanes, and shall be implemented after approval by Party A's representatives. Party A shall bear the cost of protective measures.
In the construction of toxic and harmful environment, Party A shall provide corresponding protective measures in accordance with relevant regulations and bear relevant economic expenditures.
Article 34 Patent technology, special processes and rationalization proposals. Party A requires the use of patented technology and special processes, and is responsible for handling the corresponding declaration and approval procedures and undertaking the costs of declaration and testing. Party B shall use it according to Party A's requirements and be responsible for testing and other related work. Party B proposes to use the patented technology and special technology, and submit it to the representative of Party A for approval according to the above agreement.
Party B's proposal for rationalization involves changes to the drawings, design and construction organization design and the replacement of the original materials and equipment, which must be approved by the representative of Party A.
The costs incurred above and the proceeds received are shared or shared by the parties.
Article 35 Underground obstacles and cultural relics. Party B shall notify Party A within 4 hours of the discovery of cultural relics, ancient tombs, ancient building foundations and structures, fossils, coins and other items of archaeological or geological research value or other underground obstacles affecting construction during construction. Report relevant management departments and take effective protective measures.甲方代表應在收到通知後12小時內對乙方採取的措施給予批准或提出處理意見。甲方承擔保護措施的費用，延誤的工期相應順延。
第36條工程分包。乙方可按投標書和協定條款約定分包部分工程。
乙方與分包單位簽訂分包契約後，將副本送甲方代表。分包契約與本契約發生牴觸，以本契約為準。
分包契約不能解除乙方任何義務與責任。乙方應在分包場地派駐相應監督管理人員，保證契約的履行。分包單位的任何違約或疏忽，均視為乙方的違約或疏忽。
除協定條款另有約定，分包工程價款由乙方與分包單位結算。
第37條不可抗力。不可抗力發生後，乙方應迅速採取措施，盡力減少損失，並在24小時內向甲方代表通報受害情況，按協定條款約定的時間向甲方報告損失情況和清理、修復的費用。災害繼續發生，乙方應每隔10天向甲方報告一次災害情況，直到災害結束。甲方應對災害處理提供必要條件。
因災害發生的費用由雙方分別承擔：
1.工程本身的損害由甲方承擔；
2.人員傷亡由其所屬單位負責，並承擔相應費用；
3.造成乙方設備、機械的損壞及停工等損失，由乙方承擔；
4.所需清理修復工作的責任與費用的承擔，雙方另簽補充協定約定。
第38條保險。甲方按協定條款約定，辦理建築工程和在施工場地甲方人員及第三方人員生命財產的保險，並支付一應費用。
乙方辦理自己在施工場地人員生命財產和機械設備的保險，並支付一應費用。
投保後發生事故，乙方應在15天內向甲方提供損失情況和估價的報告，如損害繼續發生，乙方在15天后每10天報告一次，直到損害結束。
第39條工程停建或緩建。由於政策變化、不可抗力以及甲乙雙方之外原因導致工程停建或緩建，使契約不能繼續履行，乙方應妥善做好已完工程和已購材料、設備的保護和移交工作；按甲方要求將自有機械設備和人員撤出施工現場。甲方應為乙方撤出提供必要條件，支付以上的經濟支出，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經訂貨的材料、設備由訂方負責退貨，不能退還的貨款和退貨發生的費用，由甲方承擔。但未及時退貨造成的損失由責任方承擔。
第40條契約的生效與終止。本契約自協定條款約定的生效之日起生效。在竣工結算、甲方支付完畢，乙方將工程交付甲方後，除有關保修條款仍然生效外，其它條款即告終止，保修期滿後，有關保修條款終止。
第41條契約份數。契約正本兩份，具有同等效力，由甲乙雙方簽字蓋章後分別保存。副本份數按協定條款約定，由甲乙雙方分送有關部門。
雙方簽字
甲方：＿＿＿＿代理人：＿＿＿＿ 法人住址：＿＿＿ 電話：＿＿＿＿
乙方：＿＿＿＿代理人：＿＿＿＿ 法人住址：＿＿＿ 電話：＿＿＿＿
契約簽訂日期：＿＿＿＿＿
簽約地點：＿＿＿＿＿＿＿＿
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