Construction and installation contracting contract (1)

Construction and installation contract
Contract number

project name:_________
Project Number:_________
Employer: _________
Contractor:_________
Signing time:_________
place of signing:_________

According to the "Economic Contract Law of the People's Republic of China" and the "Construction and Installation Contracts" and related regulations, in order to clarify the rights, obligations and economic responsibilities of both parties in the construction process, the contract is signed by both parties.

First project

First, the project name: __________

Second, the project location: __________

III. Project approval unit: ________________ Approval number __________ Project supervisor: ____________________

Fourth, the scope and content of the contract:; engineering building area ___; other: ________________

V. Project cost: ______, of which civil engineering: _________, installation: ______.

Second construction preparation

First, the contractor:

1. _月_Day before the construction of the "three links" outside the red line, responsible for the maintenance of the red line outside the road.

2. _月_Day, it is responsible for connecting the construction water source, power supply and transformer of the construction site to meet the needs of construction water and electricity consumption. Do a good job of leveling the site within the red line and demolition of obstacles.

3. A construction permit is submitted within __ days after the signing of this contract.

4. After the contract is signed, the complete construction and installation drawings will be provided within __ days, and the construction technical data will be ___.

5. Organize the contractor, the contractor and the design unit and the relevant departments to participate in the construction drawing review meeting, and do a summary of the minutes of the meeting signed by the three parties, and distribute the relevant units within _ days, provide the review minutes and revise the construction drawings.

Second, the contractor:

1. Responsible for the laying, management, use and maintenance of temporary roads, temporary facilities and hydropower pipelines in the construction area;

2. Organize construction management personnel and materials, construction machinery to enter the market;

3. Prepare the construction organization design or construction plan, construction budget, construction progress plan, material equipment, finished products, semi-finished products, etc., water, electricity, and delivery.

Article 3 Project Term

First, according to the national construction period quota and use needs, the agreed construction period is ___ days, starting from __year_month_day to __year_month_day completion acceptance.

Second, before the start of construction __ days, the contractor issued a notice of commencement of work.

Third, in the case of the following circumstances, after the on-site representative visa of the contractor, the construction period will be postponed accordingly:

1. According to the construction preparation regulations, the construction site, water, and power supply roads could not be connected, and obstacles could not be removed, which affected the construction of the site;

2. Where the materials, equipment, finished products or semi-finished products that the contractor is responsible for supply fail to ensure the construction needs or the defects found during the inspection need to be repaired, matched, replaced, and changed, the progress is affected;

3. It is not a major design change within the scope of the dry-coefficient, and the engineering geological data provided is not accurate, causing the design plan to change or affecting the progress due to the failure of the construction;

4. In the course of construction, if the power is cut off, the water is stopped for more than 8 hours, or the intermittent intermittent water stoppage or power failure is more than 3 days, the normal construction will be affected;

5. For non-contractor reasons, the supervision visa is not timely and affects the next process construction;

6. Failure to pay the advance payment, project progress payment or purchase material difference price according to the contract to affect the construction;

7. Delays in the construction period due to irresistible human factors.

Article 4 Project Quality

1. The quality of this project is met by the research requirements of both parties: ________________

2. The contractor must strictly follow the construction drawings, the description files and the construction engineering codes, regulations and standards issued by the state, and accept the supervision of the dispatched representative.

3. The contractor must observe the following provisions during the construction process:

1. The main raw materials, equipment, components and semi-finished products provided by the contractor must be provided with quality certificates in accordance with relevant regulations, or they can be used for engineering after passing the inspection;

2. The main raw materials, equipment, components and semi-finished products provided by the contractor must also have a quality certificate for engineering. The material change or substitution must be approved by the original design unit and issued a formal written notice and the representative of the contractor to send a representative visa before being used for the project;

3. Concealed works must be inspected, signed and signed by the dispatching party to carry out the next process;

4. The contractor shall assess the quality of the project by sub-item, division and unit project according to the quality assessment criteria, and timely deliver the unit project quality assessment results to the contractor and quality supervision station. When the unit project structure is completed, it shall be checked and accepted with the contractor and quality supervision station;

5. If the contractor has a quality accident during the construction, it shall promptly report the dispatched representative of the contractor and the local construction project quality supervision station. The results of the general quality accidents shall be sent to the contractor and the quality supervision station for record; the handling plan for major quality accidents shall be jointly studied by the design unit, the quality supervision station, the contractor and other units, and shall be implemented after the visa of the design and construction unit;

6. After the completion of the project, the contractor shall implement the warranty on the project according to the regulations, and the warranty period shall be counted from the date of completion of the acceptance check.

Article 5 Supply, Acceptance and Spread Processing of Building Materials and Equipment

1. The actual materials or indicators of the following materials and equipment are supplied by the contractor;

2. Other materials and equipment other than the supply of the contractor shall be purchased by the contractor;

3. The materials and equipment purchased by the contractor and purchased by the contractor must be accompanied by the product certificate before being used in the project. If any party believes that the materials provided by the other party need to be re-inspected, the re-inspection shall be allowed. If the re-inspection meets the quality requirements, it can be used for the project. The re-inspection fee shall be borne by the re-inspector; if it does not meet the quality requirements, it shall be handled in accordance with the relevant provisions, and the re-inspection fee shall be borne by the materials and equipment.

4. Treatment of the difference between the engineering materials and equipment: __________________

Article 6 Payment and settlement of project price

The payment and settlement of the project price shall be carried out in accordance with the “Measures for Settlement of Capital Construction Project Price” formulated by the People's Construction Bank of China.

1. Within __ days after the signing of this contract, the contractor shall pay no less than the total amount of the contract, and the amount of the preparation shall be RMB __10,000; the temporary facility fee shall be __% of the total cost of the civil engineering contract, RMB __10,000, installation work __% of labor costs __ million yuan; material equipment price difference __ million yuan, divided into __ times, each time payment, amount _______

2. After receiving the contractor's monthly progress report, the contractor must pay the progress payment according to the verified project progress within __ days. When the project progress payment reaches __% of the total contract price, the material will be gradually deducted according to the prescribed ratio.

3. When the payment of the project price reaches 95% of the total contract price, the payment will not be made according to the progress. After the completion of the inspection and acceptance, the contractor will be paid once and the principal and interest will be paid once.

4. If the contractor defaults on the progress or the final payment of the project, the contractor shall pay the contractor a penalty of __ of 10,000 days in arrears.

5. It is true that the contractor shall bear the losses caused by the contractor’s arrears of construction funds and purchase materials, which will affect the progress of the project and cause the contractor’s suspension or loss of work.

6. The settlement method of this contract cost: ____________________

7. The contractor shall submit the completed settlement file to the contractor and the handling bank for review within __ days after the completion of the completion and acceptance of the individual project. The contractor shall complete the review within __ days after receiving the settlement file, and if no written objection is filed, the contract shall be submitted. The party may request the approved bank to approve the appropriation.

Article 7 Construction and Design Changes

1. The design drawings, descriptions and relevant technical materials delivered by the contractor shall serve as an effective basis for the construction. Before the commencement of construction, the contractor shall organize the design and the tripartite meeting to review the minutes of the meeting. As a supplementary basis for the construction, both the contractor and the contractor shall not arbitrarily modify it. .

2. If any design is found to be wrong or seriously unreasonable during the construction, the contractor shall notify the contractor in writing in a timely manner, and the contractor shall, in time, cooperate with the design and other relevant units to study and determine the modification opinions or change the design file. The contractor shall modify or change the design. The design file is constructed. If the increase is incurred, the contractor is responsible and adjusts the contract cost.

3. The contractor proposes to rationalize the design and modification process on the premise of ensuring the quality of the project and not reducing the design standards. After the contractor, the design unit or the relevant technical department agrees, the contractor shall adopt the implementation, and the saved value shall be distributed according to the state regulations. .

4. If the contractor needs to design changes, the original design unit must make a formal revision notice and modify the drawings, and the contractor will implement it. When major revisions or increase in cost are incurred, they must be negotiated separately. The contractor will only implement the investment implementation certificate and the technical data design drawings are complete.

Article 8 Project Acceptance

I. Acceptance of completed projects, the State Council issued the Interim Provisions on the Completion Acceptance of Capital Construction Projects, the Code for Construction and Acceptance of Construction, the Quality Inspection and Evaluation Standard for Construction and Installation Engineering, and the completion acceptance regulations and construction drawings formulated by the relevant departments of the State Council. And the instructions and construction technical files are based.

2. Underground engineering and structural engineering must have hidden inspection and acceptance visas, pressure test, water test and anti-seepage records. After the quality of the project completion has passed the inspection by the local quality supervision department, the contractor must go through the formalities for acceptance of the visa in time.

3. After the project is completed and accepted, the party can use it.

During the specified warranty period, any quality accidents and quality defects caused by the construction shall be guaranteed by the contractor without compensation. The warranty conditions, scope and duration shall be implemented in accordance with the “Construction Engineering Warranty Measures” issued by the Ministry of Urban and Rural Construction and Environmental Protection Department Cheng Jian Zi No. 79.

Article 9 Liability for breach of contract

Contractor’s responsibilities:

1. If the quality of the project does not meet the requirements of the contract, it shall be responsible for repair or rework without compensation. Overdue liquidated damages due to overdue delivery due to repair or rework.

2. If the project cannot be delivered for use within the time limit specified in the contract, the overdue fine shall be paid in accordance with the provisions of Article 9 of the contract regarding the advance or late payment of the construction period.

The responsibility of the contractor:

1. Failure to perform its own obligations in accordance with the provisions of the contract. In addition to the delay in completion date, the contractor shall be compensated for the actual losses caused.

2. If the project is suspended or slowed down during construction, or due to design changes and design errors, rework should be taken to compensate or reduce losses. At the same time, compensate the contractor for the resulting loss of work stoppage, work, rework, reversal, personnel and mechanical equipment transfer, material and component backlog.

Third, the project has not been accepted by the project, and the contractor has used it in advance or used it automatically. The quality or other problems that occur will be borne by the contractor.

4. If the contractor's acceptance notice is not accepted after ________ days, the overdue liquidated damages shall be reimbursed as required.

5. Failure to pay the construction cost in accordance with the provisions of the contract, and pay the contractor’s compensation in accordance with the provisions of the bank’s overdue payment method.

Article 10 Dispute Resolution

If either party violates the contract, the two parties will not negotiate, and the following will be resolved:

1. Applying for arbitration to an economic contract arbitration institution;

2. Prosecution to the people's court.

Article 11 Supplementary Provisions

1. This contract is a __ share, a contract attached file __ share. Both Party A and Party B shall each hold one copy, and the remaining copies shall be submitted to the handling bank by the issuing party, and the local industrial and commercial administration and construction authorities shall record the case. According to the regulations, the contract for which the certificate must be obtained shall be sent to the industrial and commercial and notarization departments where the building is located for verification.

2. This contract shall be signed by the representatives of both parties, and the official seal of the two parties or the special seal of the contract shall become effective. If the certificate is to be verified, it shall take effect from the date of completion of the attestation; the completion acceptance of the project shall meet the requirements, and the project shall be terminated after the settlement of the project.

3. After the signing of this contract, if both parties to the contract and the contractor need to propose amendments, after the two parties have reached a consensus, they may sign a supplementary agreement as a supplementary contract for this contract.

┌────────────────┬─────────────────┐
│ Contractor: │ Contractor: │
│ Legal representative: │ Legal representative: │
│ Attorney: │ Attorney: │
│ Unit Address: │ Unit Address: │
│ Bank of deposit: │ Bank of deposit: │
│ Account: │ Account: │
│ Phone: │ Phone: │
│ Electric Hanging: │ Electric Hanging: │
│ Postal Code: │ Postal Code: │
││ │
│年月月日│年月月日│
││ │
├──────────┬──────┴──────┬──────────┤
│ │ ││
│Management of Construction Bank │ Building Management Department │ Assurance Authority │
│ │ ││
│ │ ││
│ │ ││
│ │ ││
│ │ │ Forensic opinion │
│ │ ││
│ │ ││
│ │ ││
│ │ ││
│ │ ││
│ │ │ Manager: │
│ │ ││
│ Year Month Day │ Year Month Day │ Year Month Day │
└──────────┴─────────────┴──────────┘

Project list
───────────────
Schedule I:
Construction unit:
┌─┬─┬─┬─┬─┬─┬─┬─┬─┬───┬───┬──┬──┬─┐
│序│工│设置│栋│结│层│面│资│Approval│Investment│Project Total │Starting │Complete │Prepare │
│ │程│计│ │ │ │ │ │金││Total │Cost │││ │
│号│Name│Single│Number│Construction│Number│Products│来│号号│││Time│Time│Note│
│ │称│位│ │ │ │ │ │ │ │ │ │││ │
├─┼─┼─┼─┼─┼─┼─┼─┼─┼───┼───┼──┼──┼─┤
│ │ │ │ │ │ │ │ ││ │ │││ │
├─┼─┼─┼─┼─┼─┼─┼─┼─┼───┼───┼──┼──┼─┤
│ │ │ │ │ │ │ │ ││ │ │││ │
├─┼─┼─┼─┼─┼─┼─┼─┼─┼───┼───┼──┼──┼─┤
│ │ │ │ │ │ │ │ ││ │ │││ │
├─┼─┼─┼─┼─┼─┼─┼─┼─┼───┼───┼──┼──┼─┤
│ │ │ │ │ │ │ │ ││ │ │││ │
├─┼─┼─┼─┼─┼─┼─┼─┼─┼───┼───┼──┼──┼─┤
│ │ │ │ │ │ │ │ ││ │ │││ │
└─┴─┴─┴─┴─┴─┴─┴─┴─┴───┴───┴──┴──┴─┘
Note: Items such as maintenance, outdoor, pipeline, water supply and drainage, etc. should also be filled out according to this form.

Party A is responsible for supplying equipment and materials

Schedule 2:
┌──────┬──┬──┬───┬─────┬──────┬────┐
│ Material Name │Specification│Unit│ Quantity │ Delivery Location │ Date of arrival │ Remarks │
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
├──────┼──┼──┼───┼─────┼──────┼────┤
│ │││ │ │││
└──────┴──┴──┴───┴─────┴──────┴────┘