Shanghai family room decoration and construction contract
Employer: _______________
Contractor:_______________
According to the "Contract Law of the People's Republic of China", "Regulations on Contracts for Construction and Installation Projects", "The Law of Consumers' Protection of the People's Republic of China", "Price Law of the People's Republic of China", "Regulations on the Legal Protection of Consumers' Consumption in Shanghai", The Ministry of Construction No. 92 "Trial Measures for the Management of Family Room Decoration and Decoration" and other relevant laws and regulations, in order to protect the legitimate rights and interests of both parties, combined with the specific circumstances of the project, the two sides reached the following agreement to abide by. I. Overview
1. Party A's decorative housing is legally inhabited. Party B is the enterprise legal person approved by the municipal administration of industry and commerce and approved by the relevant department of the Municipal Construction Committee to have the Civil Qualification Certificate.
2, decoration construction site: __ district ___ road ___ get ___ __ floor ___ room.
3, housing structure: _____ room type ____ room ___ hall ___ set, construction area ___ square meters.
4. Decoration construction content: See Attachment File 1 "Decoration Construction Content Table" for details.
5. Contracting method: _____.
6, the total price: ¥ ____ yuan, capital: __ where:
Material fee: ______, labor fee: ______
Management fee: ______, design fee: ______
Garbage clearance: ______, tax: ____ other fees: ______
Upon approval by both parties, the construction content will be changed, and the engineering cost of the changed part will be calculated separately.
7. Construction period: starting from ___year ___month ___ day, until ___ year ___ month ___ day completion, construction period ___ days.
Second, the agreement on the supply of materials:
1. Materials provided by Party A: See Attachment File 2, “Materials and Equipment List provided by Party A”. Party A shall be responsible for the procurement of materials and equipment, and shall be qualified products that meet the design requirements, and shall be supplied to the site on time. Party B shall go through the acceptance procedures. If there is any quality problem or difference in specifications of the materials and equipment supplied by Party A, Party B shall promptly submit to Party A in writing, and Party A shall still indicate that it is used, and the responsibility for the project shall be borne by Party A. After the materials supplied by Party A arrive at the site, Party B shall be responsible for the custody of Party B for the inspection and acceptance. Party B may collect the storage fee for the materials provided by Party A. The rate shall be agreed by both parties. Party B shall be responsible for compensation for the losses caused by improper storage.
2. Materials provided by Party B: See Attachment File 3 “Main Material Quotation” for details.
3. The decorative materials and equipment purchased by Party B from Party A shall be used for the decoration of the house as stipulated in this contract, and shall not be used for other purposes without the consent of Party A. If Party B violates this regulation, it shall compensate Party A with double the price of the misappropriated materials and equipment.
4. Materials and equipment supplied by Party B shall be prohibited if they do not meet the quality requirements or specifications. If it has been used, Party B shall be responsible for the losses caused to the project. If the materials and equipment provided by Party B are counterfeit and inferior, they shall be compensated to Party A according to the double price of materials and equipment.
3. Agreement on project quality and acceptance:
1. This project implements DBJ08-62-97 "Technical Regulations for Residential Building Decoration Engineering", DB31/T30-1999 "Residential Decoration Acceptance Standards" and other local standards and quality assessment acceptance standards formulated by the municipal construction administrative department.
2. This project is designed and constructed by ___ side.
3. The quality of the materials and equipment provided by Party A will affect the quality of the project, and the rework costs will be borne by Party A, and the construction period will be postponed.
4. Due to the quality accident caused by Party B, the rework cost will be borne by Party B and the construction period will remain unchanged.
5. During the construction process, Party A shall contact Party B in advance when designing the revision proposal and adding or subtracting the project. After signing the “Project Change Order”, the construction of the project can be carried out, thereby affecting the completion date. Both parties agreed. Party A shall compensate Party A for any loss caused by Party A's private agreement with the worker to change the construction content. Party A shall be responsible for the loss caused to Party B.
6, project acceptance. Party A and Party B shall promptly handle the inspection and acceptance procedures for concealed works and intermediate works. Party A shall not participate in the acceptance inspection according to the date specified in the appointment, and Party B shall organize personnel to conduct the inspection and acceptance, and Party A shall acknowledge it. Afterwards, if Party A requests a re-inspection, Party B shall conduct a re-inspection as required. If the re-inspection is qualified, the re-inspection and rework expenses shall be borne by Party A, and the construction period shall be postponed.
7. Completion of the project: Party B shall notify Party A of the acceptance three days in advance, and Party A shall organize the acceptance and acceptance within three days after receiving the notice, and handle the acceptance and handover procedures. If Party A fails to organize the inspection within the specified time, Party B shall notify Party B in time and the acceptance date shall be determined. If the completion acceptance is completed, Party A shall acknowledge the original completion date and assume Party B's care expenses and other related expenses.
4. Safety production and fire prevention agreements:
The description of the construction drawings provided by Party A and the construction site shall meet the requirements for fire prevention and accident prevention, mainly including the smooth and qualified electrical lines, gas pipelines, tap water and other pipelines. Party B shall take necessary safety protection and fire-fighting measures during construction to ensure the safety of operators and neighboring residents, and prevent accidents such as blockages, leakage, power outages, and destruction of items in adjacent residential buildings. In the event of any of the above, if Party A is responsible, Party A shall be responsible for and compensation; if Party B is responsible, Party B shall be responsible for repair and compensation.
V. Agreement on the price of the project and settlement:
1. The payment method of the project payment is listed in the following table:
Payment time
Payment percentage
Amount
Recognition of budget design
Date of signing the contract
1000 yuan, deducted from the second payment
After the contract is signed
Two to five days before the start of construction
65%
yuan
in construction
More than half of the progress period
30%
yuan
Completion acceptance
The same day
5%
yuan
Increase engineering projects
Sign the project change form
100%
yuan
Note: If the tangible market of decoration works has other regulations, it may also be handled in accordance with market regulations.
2. Project settlement: See Attachment File VI “Project Statement” for details.
3. The engineering warranty period is one year. All the construction funds must be settled, and both Party A and Party B can sign the “Engineering Warranty”. The warranty period starts from the date of completion of the acceptance and signature.
4. Both parties shall issue a receipt for the payment of the money, and an invoice shall be issued at the end of the construction.
Sixth, other matters
1. Party A's work: Party A shall provide Party B with ____ copies of the construction drawings or practices approved by the property management department one day before the start of construction, and shall submit the on-site disclosure to Party B. All vacated or partially vacated houses will remove obstacles that affect construction. Protective measures shall be taken for furniture and furnishings that are retained in houses that can only be partially vacated. Provide Party B with the necessary conditions for water and electricity required for construction, and explain the precautions for use. Coordinated work during the construction due to the temporary use of common parts and the influence of neighborhoods. If it is really necessary to demolish the original building structure or design pipeline, it is responsible for going through the corresponding approval procedures to the local housing management department or the property management department, and bear the relevant expenses.
2. Party B's work: Participate in the construction drawings or practices of Party A's organization. Assign ____ to the representative of Party B in the construction site and be responsible for the performance of the contract. Organize the construction as required, guarantee the quality, quantity and completion of the construction tasks on time, and solve the various matters that Party B is responsible for, and Party B shall recognize its behavior. If the personnel are replaced, Party B shall promptly notify Party A in writing. The original building load-bearing structure and various shared equipment pipelines shall not be arbitrarily demolished without the consent of Party A and the approval of the local housing management or property management department.
7. Liability for breach of contract:
1. Party A shall compensate Party B for the loss caused by work stoppage or work due to the delay of construction or stoppage due to Party A's reasons. Party A shall pay Party B __ yuan for each day of work or work; Party A shall not pay according to the contract In case of overdue one day, the liquidated damages shall be paid by __% of the overdue payment.
2. If Party B is overdue due to reasons, Party B shall pay Party A a penalty of ___% of the payment made by Party A for each day.
3. Party A has not gone through the relevant formalities and forcibly requested Party B to demolish the original building load-bearing structure and shared equipment pipelines. Party A shall be responsible for and responsible for the losses or accidents.
4. Party B shall dispose of the original building load-bearing structure or shared equipment pipeline without authorization, and Party B shall be responsible for and bear the responsibility for the losses or accidents arising therefrom.
Eight, dispute handling methods:
1. When there is a dispute between the two parties on the quality of the project, the text of this contract and the unified invoice issued by the construction enterprise may be submitted to the Shanghai Building Decoration Association Family Decoration Committee for mediation, or to the district or county construction administrative department or consumer. The association was demolished. 2. If the parties are unwilling to resolve through negotiation or mediation, or if the negotiation or mediation fails, they may, in accordance with this contract, arbitrarily--the Municipal Arbitration Commission applies for arbitration--the people's court filed a lawsuit.
9. Change and release of the contract:
1. After the contract is signed by both parties, the parties must strictly abide by them. Any party that needs to change the contents of the contract should re-sign the supplementary agreement after consensus. If the contract is to be terminated, the party that proposes to terminate the contract shall submit it in writing, and shall pay the liquidated damages according to the total contract price of ___% and go through the formalities of terminating the contract. 2. In the course of construction, if any party proposes to terminate the contract, it must submit it to the other party in writing. If the parties agree to go through the liquidation formalities and enter into a termination contract, it can be regarded as the termination of the contract. X. Other agreements:
1.
2.
3.
4.
5.
XI. This contract is a _____ share. Each of Party A and Party B holds one copy and has the same legal effect. The subordinated file of the contract is an integral part of this contract.
person A person B:
Attorney: Legal representative:
Address: Address:
Telephone: Telephone:
Postal Code: Postal Code:
Date of signing: Year Month Day
place of signing:
Contractor:_______________
According to the "Contract Law of the People's Republic of China", "Regulations on Contracts for Construction and Installation Projects", "The Law of Consumers' Protection of the People's Republic of China", "Price Law of the People's Republic of China", "Regulations on the Legal Protection of Consumers' Consumption in Shanghai", The Ministry of Construction No. 92 "Trial Measures for the Management of Family Room Decoration and Decoration" and other relevant laws and regulations, in order to protect the legitimate rights and interests of both parties, combined with the specific circumstances of the project, the two sides reached the following agreement to abide by. I. Overview
1. Party A's decorative housing is legally inhabited. Party B is the enterprise legal person approved by the municipal administration of industry and commerce and approved by the relevant department of the Municipal Construction Committee to have the Civil Qualification Certificate.
2, decoration construction site: __ district ___ road ___ get ___ __ floor ___ room.
3, housing structure: _____ room type ____ room ___ hall ___ set, construction area ___ square meters.
4. Decoration construction content: See Attachment File 1 "Decoration Construction Content Table" for details.
5. Contracting method: _____.
6, the total price: ¥ ____ yuan, capital: __ where:
Material fee: ______, labor fee: ______
Management fee: ______, design fee: ______
Garbage clearance: ______, tax: ____ other fees: ______
Upon approval by both parties, the construction content will be changed, and the engineering cost of the changed part will be calculated separately.
7. Construction period: starting from ___year ___month ___ day, until ___ year ___ month ___ day completion, construction period ___ days.
Second, the agreement on the supply of materials:
1. Materials provided by Party A: See Attachment File 2, “Materials and Equipment List provided by Party A”. Party A shall be responsible for the procurement of materials and equipment, and shall be qualified products that meet the design requirements, and shall be supplied to the site on time. Party B shall go through the acceptance procedures. If there is any quality problem or difference in specifications of the materials and equipment supplied by Party A, Party B shall promptly submit to Party A in writing, and Party A shall still indicate that it is used, and the responsibility for the project shall be borne by Party A. After the materials supplied by Party A arrive at the site, Party B shall be responsible for the custody of Party B for the inspection and acceptance. Party B may collect the storage fee for the materials provided by Party A. The rate shall be agreed by both parties. Party B shall be responsible for compensation for the losses caused by improper storage.
2. Materials provided by Party B: See Attachment File 3 “Main Material Quotation” for details.
3. The decorative materials and equipment purchased by Party B from Party A shall be used for the decoration of the house as stipulated in this contract, and shall not be used for other purposes without the consent of Party A. If Party B violates this regulation, it shall compensate Party A with double the price of the misappropriated materials and equipment.
4. Materials and equipment supplied by Party B shall be prohibited if they do not meet the quality requirements or specifications. If it has been used, Party B shall be responsible for the losses caused to the project. If the materials and equipment provided by Party B are counterfeit and inferior, they shall be compensated to Party A according to the double price of materials and equipment.
3. Agreement on project quality and acceptance:
1. This project implements DBJ08-62-97 "Technical Regulations for Residential Building Decoration Engineering", DB31/T30-1999 "Residential Decoration Acceptance Standards" and other local standards and quality assessment acceptance standards formulated by the municipal construction administrative department.
2. This project is designed and constructed by ___ side.
3. The quality of the materials and equipment provided by Party A will affect the quality of the project, and the rework costs will be borne by Party A, and the construction period will be postponed.
4. Due to the quality accident caused by Party B, the rework cost will be borne by Party B and the construction period will remain unchanged.
5. During the construction process, Party A shall contact Party B in advance when designing the revision proposal and adding or subtracting the project. After signing the “Project Change Order”, the construction of the project can be carried out, thereby affecting the completion date. Both parties agreed. Party A shall compensate Party A for any loss caused by Party A's private agreement with the worker to change the construction content. Party A shall be responsible for the loss caused to Party B.
6, project acceptance. Party A and Party B shall promptly handle the inspection and acceptance procedures for concealed works and intermediate works. Party A shall not participate in the acceptance inspection according to the date specified in the appointment, and Party B shall organize personnel to conduct the inspection and acceptance, and Party A shall acknowledge it. Afterwards, if Party A requests a re-inspection, Party B shall conduct a re-inspection as required. If the re-inspection is qualified, the re-inspection and rework expenses shall be borne by Party A, and the construction period shall be postponed.
7. Completion of the project: Party B shall notify Party A of the acceptance three days in advance, and Party A shall organize the acceptance and acceptance within three days after receiving the notice, and handle the acceptance and handover procedures. If Party A fails to organize the inspection within the specified time, Party B shall notify Party B in time and the acceptance date shall be determined. If the completion acceptance is completed, Party A shall acknowledge the original completion date and assume Party B's care expenses and other related expenses.
4. Safety production and fire prevention agreements:
The description of the construction drawings provided by Party A and the construction site shall meet the requirements for fire prevention and accident prevention, mainly including the smooth and qualified electrical lines, gas pipelines, tap water and other pipelines. Party B shall take necessary safety protection and fire-fighting measures during construction to ensure the safety of operators and neighboring residents, and prevent accidents such as blockages, leakage, power outages, and destruction of items in adjacent residential buildings. In the event of any of the above, if Party A is responsible, Party A shall be responsible for and compensation; if Party B is responsible, Party B shall be responsible for repair and compensation.
V. Agreement on the price of the project and settlement:
1. The payment method of the project payment is listed in the following table:
Payment time
Payment percentage
Amount
Recognition of budget design
Date of signing the contract
1000 yuan, deducted from the second payment
After the contract is signed
Two to five days before the start of construction
65%
yuan
in construction
More than half of the progress period
30%
yuan
Completion acceptance
The same day
5%
yuan
Increase engineering projects
Sign the project change form
100%
yuan
Note: If the tangible market of decoration works has other regulations, it may also be handled in accordance with market regulations.
2. Project settlement: See Attachment File VI “Project Statement” for details.
3. The engineering warranty period is one year. All the construction funds must be settled, and both Party A and Party B can sign the “Engineering Warranty”. The warranty period starts from the date of completion of the acceptance and signature.
4. Both parties shall issue a receipt for the payment of the money, and an invoice shall be issued at the end of the construction.
Sixth, other matters
1. Party A's work: Party A shall provide Party B with ____ copies of the construction drawings or practices approved by the property management department one day before the start of construction, and shall submit the on-site disclosure to Party B. All vacated or partially vacated houses will remove obstacles that affect construction. Protective measures shall be taken for furniture and furnishings that are retained in houses that can only be partially vacated. Provide Party B with the necessary conditions for water and electricity required for construction, and explain the precautions for use. Coordinated work during the construction due to the temporary use of common parts and the influence of neighborhoods. If it is really necessary to demolish the original building structure or design pipeline, it is responsible for going through the corresponding approval procedures to the local housing management department or the property management department, and bear the relevant expenses.
2. Party B's work: Participate in the construction drawings or practices of Party A's organization. Assign ____ to the representative of Party B in the construction site and be responsible for the performance of the contract. Organize the construction as required, guarantee the quality, quantity and completion of the construction tasks on time, and solve the various matters that Party B is responsible for, and Party B shall recognize its behavior. If the personnel are replaced, Party B shall promptly notify Party A in writing. The original building load-bearing structure and various shared equipment pipelines shall not be arbitrarily demolished without the consent of Party A and the approval of the local housing management or property management department.
7. Liability for breach of contract:
1. Party A shall compensate Party B for the loss caused by work stoppage or work due to the delay of construction or stoppage due to Party A's reasons. Party A shall pay Party B __ yuan for each day of work or work; Party A shall not pay according to the contract In case of overdue one day, the liquidated damages shall be paid by __% of the overdue payment.
2. If Party B is overdue due to reasons, Party B shall pay Party A a penalty of ___% of the payment made by Party A for each day.
3. Party A has not gone through the relevant formalities and forcibly requested Party B to demolish the original building load-bearing structure and shared equipment pipelines. Party A shall be responsible for and responsible for the losses or accidents.
4. Party B shall dispose of the original building load-bearing structure or shared equipment pipeline without authorization, and Party B shall be responsible for and bear the responsibility for the losses or accidents arising therefrom.
Eight, dispute handling methods:
1. When there is a dispute between the two parties on the quality of the project, the text of this contract and the unified invoice issued by the construction enterprise may be submitted to the Shanghai Building Decoration Association Family Decoration Committee for mediation, or to the district or county construction administrative department or consumer. The association was demolished. 2. If the parties are unwilling to resolve through negotiation or mediation, or if the negotiation or mediation fails, they may, in accordance with this contract, arbitrarily--the Municipal Arbitration Commission applies for arbitration--the people's court filed a lawsuit.
9. Change and release of the contract:
1. After the contract is signed by both parties, the parties must strictly abide by them. Any party that needs to change the contents of the contract should re-sign the supplementary agreement after consensus. If the contract is to be terminated, the party that proposes to terminate the contract shall submit it in writing, and shall pay the liquidated damages according to the total contract price of ___% and go through the formalities of terminating the contract. 2. In the course of construction, if any party proposes to terminate the contract, it must submit it to the other party in writing. If the parties agree to go through the liquidation formalities and enter into a termination contract, it can be regarded as the termination of the contract. X. Other agreements:
1.
2.
3.
4.
5.
XI. This contract is a _____ share. Each of Party A and Party B holds one copy and has the same legal effect. The subordinated file of the contract is an integral part of this contract.
person A person B:
Attorney: Legal representative:
Address: Address:
Telephone: Telephone:
Postal Code: Postal Code:
Date of signing: Year Month Day
place of signing:
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