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Construction and installation contracting contract (3)


Construction and installation contract

Construction and installation project contract contract number:
Employer: ___________
Contractor:___________

According to the "Economic Contract Law of the People's Republic of China" and the "Construction and Installation Contracts" and related regulations, in conjunction with the specific circumstances of this project, this contract is signed by both parties for mutual compliance.

The first project overview

1. project name:____________;
2. construction place:____________;
3. Project approval unit and document number: __________;
4. Project scope and content: All construction area ______ square meters.

Second project deadline

1. The total contract period of this project is __ days.
2. The commencement date of the project is __________________, date of completion ____year__month__day.
3. In the case of the following circumstances, after the contractor's on-site supervision engineer or engineer representative visa, the construction period will be postponed accordingly. And determine the extension period in writing.

The contractor shall not submit the construction site, approach road, construction water, or power supply of the contractor before the commencement date of the contract, and the power supply shall not be connected as required, affecting the contractor's entry.
It is clear that the materials, equipment, finished products or semi-finished products that are supplied by the contractor are not able to enter the site at the time determined by both parties, or the materials, equipment, finished products or semi-finished products that come into the site are found to be defective when they are submitted to the contractor for repair. Change, replace, change and delay the construction progress.
It is not a major design change within the scope of the drying factor; the engineering geological data provided is not allowed, making the foundation super deep; the construction method is inconsistent with the design regulations and the engineering quantity is affected by the progress.
In the construction, due to water cuts, power outages continue to affect more than 8 hours.
The on-site supervision engineer or engineer representative of the contractor will delay the visa processing procedures without affecting the next process.
Those who fail to pay the advance payment, project progress payment, and purchase material price difference according to the contract, which affect the construction progress.
Affecting the progress of the project due to irresistible natural disasters caused by manpower.

Article 3 Total price of engineering contract

1. The total contract price of this project is RMB _____ yuan.

2. In the following cases, the total contract price is adjusted accordingly:

Temporary valuation changes confirmed by both parties within the total contract price;
Changes in material spreads, wages, rates, and other expenses incurred during policy adjustments during the contract period;
Major design changes;
The foundation exceeds the design depth;
New construction projects have been added during construction;
other.

Article 4 Materials and equipment supply

1. The supply methods for all construction materials, construction fittings, equipment and other materials required for this project shall be handled by the parties in accordance with Article ____ of the Subsidiary Files.

2. Division and inspection of the scope of supply of materials and equipment:

Imported special materials, non-ferrous metal distribution, departmental management materials and secondary and tertiary mechanical and electrical products shall be supplied by the contractor to the site or designated location. If the goods are delivered outside the specified delivery location, the overage freight and other expenses incurred shall be borne by the Employer.

Complete sets of equipment and special equipment shall be delivered to the contractor by the contractor for tendering, ordering, supply and commodity inspection. Equipment that arrives in advance shall be kept by the contractor, and shall be delivered to the contractor for safekeeping during installation and shall not be misappropriated, lost or damaged.

The materials and equipment required for this project shall be supplied by the contractor in addition to the “materials and equipment list supplied by the contractor”, which shall be supplied by the contractor.

All materials and equipment, finished products and semi-finished products shall be accompanied by a certificate of conformity, which shall be inspected and accepted. The materials submitted for acceptance shall be allowed to enter the market. The materials that have entered the site shall be signed without the permission of the contractor and shall not be shipped out.

If the materials that have entered the market are found to be unqualified, the supplier must promptly transport them out of the field.

Any building materials or equipment with a certificate of conformity may be re-inspected if there is any objection to the inspection. If the product is a qualified product after the inspection, the inspection cost shall be borne by the party that requires the inspection; in the case of a non-conforming product, the inspection fee shall be supplied by the supplier. One party is burdened.

Both construction materials, equipment, and fittings that have not passed the certificate of conformity and have not been tested or certified as unqualified shall not be used in this project. The responsible party shall be responsible for any adverse consequences caused by the failure of the material personnel or other reasons.

If either party forces the other party to use unqualified building materials, equipment and components in the project, the visa shall be recorded, and all consequences arising therefrom shall be the responsibility of the forcing party.

3. Material price difference and settlement of physical price

The main material indicators submitted by the contractor shall be purchased and supplied by the contractor. The original price difference or the budget price difference shall be calculated item by item based on the nature of the indicator and the policy price adjustment, etc., based on the budget of the construction and installation materials. The contractor is responsible for making up the difference. If the spread is not included in the contracted construction cost of this contract, it shall not be included in the direct project fee.

The main material provided by the Employer shall be settled at the price of the building installation materials when the Employer provides the physical object.

Except for the materials and equipment supplied by the contractor, if the contractor specifies the manufacturer or the product to allow the contractor to purchase and supply the materials and equipment specified by the contractor, the price shall be settled according to the actual settlement.

The contractor shall entrust the contractor to purchase the materials and equipment at the price agreed by both parties, and the contractor shall collect the purchase amount and use the package, and the contractor shall pay it in __ days after the signing of this contract.

The materials and equipment indicators or physical objects provided by the contractor must be the materials and equipment used in this contract. If the specifications and types do not match the actual needs, the contractor shall assist in the transfer and use of the transfer, and the contractor shall pay the contractor's labor costs ___yuan .

The timber, timber indicators or physical objects and hardwoods supplied by the contractor shall be handled in accordance with relevant regulations, and the difference and price difference shall be borne by the contracting party.

Article 5 Project Quality and Inspection Acceptance

1. The contractor must strictly follow the construction drawings, the description files and relevant national codes and regulations, and accept the supervision and inspection by the on-site supervision engineer or engineer representative.

2. The on-site supervision engineer or engineer representative employed by the contractor must notify the contractor in writing of his name, identity and tasks.

3. The person in charge of the construction site and the person in charge of the technical, technical and managerial personnel determined by the contractor must notify the supervisor engineer or engineer representative of their name, identity and work in writing.

4. The contractor shall provide technical documents on the quality of the project, such as photocopies of materials, equipment certificates, tests, pressure tests, tests, reports, etc., in accordance with the progress of the project. Substitute materials must be approved by the design unit and the contractor before they can be used.

5. After the concealed project is self-inspected by the contractor, fill in the "Concealed Engineering Acceptance Form" and notify the on-site supervision engineer or engineer representative to check and accept. After receiving the notice, the supervision engineer shall go to the site for inspection within __ hours, and then approve the visa before proceeding to the next process. . If the supervising engineer fails to accept the inspection and acceptance, the contractor shall pass the inspection and confirm the qualified by the quality inspection department, and then the construction shall be concealed and the contractor shall acknowledge and pass the inspection qualification procedures. If an objection is raised, the cost of the review shall be the responsibility of the contractor; if the unqualified person is responsible, the responsible party shall be responsible for the loss of the construction period.

6. After completion of electrical lighting, ventilation, plumbing, sanitary engineering and electromechanical installation, it must be followed

________; ________; ________ and other relevant regulations for technical inspection. It is a monomer test and is carried out by the contractor. No matter who is responsible for the test drive, both parties should cooperate and work together.

The power, fuel, fuel, materials, instruments, special tools, and technical labor costs required for the test run shall be provided by the contractor. If the cost is included in the quota, it shall be borne by the contractor; if it is not included in the quota, it shall be borne by the contractor.

7. For the equipment installation project, the contractor shall, with the contractor, handle the intermediate delivery procedures with the completed project and use it as the basis for the completion acceptance.

8. The completion and acceptance of the project shall be based on the construction drawings, drawings, technical briefs, design change notices, state-issued construction acceptance specifications and quality inspection standards.

9. After the completion of the project, the contractor shall provide the complete technical archives and materials according to the regulations, and issue a notice of completion, and the acceptance time shall be determined by both parties, and the contractor shall organize the relevant units to complete the acceptance check.

After the acceptance is passed, both parties sign the acceptance certificate and hand over the project to the contractor for management. If the contractor delays the receipt, the storage costs and losses caused by the contractor shall be borne by the contractor.

If there is any project that does not meet the quality requirements and needs to be reworked during the acceptance of the work, the responsibility shall be clarified. If it is caused by construction reasons, the contractor shall be responsible for repairing and then conducting the inspection according to the time agreed upon by both parties. The date of completion is based on the date of final inspection.

10. The unconfirmed project has been completed and will be kept by the contractor before delivery. The contractor shall not use it. If the contractor has already used it, it shall be deemed as the inspection. Due to the contractor's reasons, the project that should be submitted for inspection and acceptance without passing the inspection shall be treated in accordance with the terms of the delayed construction period and compensate for the economic losses caused thereby.

11. After the project is accepted and accepted, the civil engineering project has a warranty period of one year, the heating project is a heating period, and the water and electricity warranty period is six months. The warranty certificate shall be completed and submitted to the Employer by the Contractor after the acceptance of the work.

The contractor shall notify the contractor in writing and make an appointment to repair the quality of the project caused by the construction. When the contractor refuses to repair during the warranty period, the contractor may use the reserved warranty to request repair, and the over-expenditure shall be borne by the contractor.

Article 6 Construction Design Change

1. The design drawings, descriptions and relevant technical materials delivered by the contractor are valid basis for the construction. The contractor and the contractor are not allowed to modify them without authorization.

2. Major changes to the construction drawings must be approved by the original design and agreed by the design unit, and the design modification notice order should be processed __ days before the modification. The contractor will only implement the design modification notice after the visa is issued by the contractor. The number of copies of the agreement and the revised drawings is the same as the number of copies of the construction drawings, and is used as a supplementary file for the contract.

3. When the revised drawings are design errors, equipment changes, building area increase, structural changes, standard improvement, process changes, geological conditions and design are not in line with actuality, the increased costs are the responsibility of the responsible party and the contract costs.

4. Under the premise of ensuring the quality of the project and not lowering the design standards, the contractor proposes rationalization of the revised design, and implements it with the consent of the contractor, the design unit or the relevant technical department, and the value of the savings is distributed according to relevant state regulations.

5. When one of the following facts occurs during the construction of the project, the contractor must immediately notify the Employer in writing to confirm:

The design drawings and description files are inconsistent with the site conditions, such as geological and groundwater conditions, and the construction conditions indicated in the design files are inconsistent with the actual conditions;

Design drawings and design files indicate that they are unclear or have errors and omissions, and the drawings do not conform to the instructions;

Unexpected special difficulties occurred in the construction conditions not indicated in the design drawings and description files.

The facts confirmed must be resolved within the time limit, and the work stoppage may not be solved as scheduled. The loss of the construction period shall be borne by the contractor.

Article 7 Matters Responsible

1. Contractor

Handling land acquisition, compensation for young crops and trees, cemetery migration, house demolition, removal of obstacles, and providing information on concealment and obstacles;

Before the start of construction, do a good job of "three links" outside the construction red line and the site level within the red line; according to the approved construction organization design or construction plan, provide water and power connection points within the red line chart no more than ___ meters from the building, and Install water and electricity meters so that the contractor can charge according to the meter; be responsible for the maintenance of the access roads outside the red line;

According to the water supply, power supply, water pressure and voltage of the construction area, take measures to meet the needs of construction water and electricity consumption;

Provide construction land not less than __% of the construction area of ​​the contracted contract, and handle the temporary land use and temporary occupation of roads, blasting and temporary railway special lines outside the red line, and bear the expenses incurred;

Provide the complete construction and installation technical information __ sets to the contractor within __ days after the signing of the contract;

Determining the location of the building roads, lines, water and sewage, the standard piles, the leveling points and the coordinate control points;

Organize the construction drawings of the parties and design units to be submitted to the bottom of the contract, and complete the minutes of the trip signed by the three parties, and distribute the relevant units within __ days;

Review the monthly progress report of the contractor's project and pay the contractor's progress payment in time;

According to the supply time determined by the “Materials and Equipment Lists Provided by the Employer”, the supply shall be organized in time, and the materials and equipment shall be provided by the contractor to meet the progress of the project;

The supervision engineer or engineer representative stationed at the construction site shall supervise and inspect the progress of the project, the quality of the project, the concealed project and the execution of the contract, be responsible for the handling of the design drawing problems, the design change visa, the engineering intermediate acceptance, the project progress grant visa and other necessary visa;

Organize the completion and acceptance of the project, and cooperate with the contractor to complete the final accounts according to the date specified in the contract, and timely settle the project finance and project final payment.

2. Contractor

Leveling of construction sites, construction of water, electricity, roads and temporary facilities within the construction boundary;

Prepare the construction organization design, construction progress plan, materials and equipment, finished products, semi-finished products and other entry plans, water, electricity plans, commencement notices, concealed project acceptance orders, etc., and timely delivery to the contractor and relevant units;

Purchasing, supplying and managing materials and equipment according to the scope of division of labor agreed upon by both parties;

Submit the monthly construction plan to the contractor before the end of each month, which is the material supplied by the contractor, the equipment supply plan and the monthly progress report of the month;

Construction shall be carried out in strict accordance with the construction drawings and instructions to ensure the quality of the project and be completed and delivered as scheduled according to the time specified in the contract;

The completed houses, structures and installed equipment shall be kept in custody and cleaned up before the handover;

Provide technical data for completion acceptance, complete the settlement of the project, and participate in the completion acceptance;

During the warranty period stipulated in the contract, it is responsible for the unqualified repair of the quality of work that belongs to the contractor.

Article 8 Payment and settlement of project price

1. Within __ days after the signing of this contract, the Employer shall pay an advance payment of not less than __% of the total contract price, which is RMB ____ million.

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

3. When the progress payment of the project reaches __% of the total contract price, it will not be paid according to the progress. After the completion of the acceptance inspection, the payment of __% will be paid within __ days, and the price of __% will be deposited in the construction bank. After the expiration of the warranty period, the principal and interest will be paid to the contractor once.

4. If the contractor defaults on the progress or the final payment of the project, it shall be handled in accordance with the bank's relevant overdue payment method or the relevant provisions of the “Working Price Settlement Method”.

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 project cost settlement method is handled as follows:

Settled by reviewing the construction drawing budget plus the change visa;

According to the construction drawing budget plus the dry coefficient, the package cost is settled, and the expenses outside the scope of the package are settled according to the relevant regulations such as ___;

According to the standard construction drawing unit, the cost of the unit will be settled, and the expenses outside the scope of the contract will be settled according to the relevant regulations such as ___;

For projects that are not covered, the labor and machinery fees and the corresponding management fees shall be settled according to the budget quota;

The bidding project shall be settled according to the bid price, and the project costs outside the scope of the bid will be settled according to the relevant regulations such as ___.

7. The contractor shall submit the completed settlement file to the contractor and the handling bank for review within __ days after the completion and acceptance of the individual project. The contractor shall complete the review within __ days after receiving the settlement file, and if no objection is filed at the expiration date, the contractor shall handle it. The bank approves the grant to the contractor.

Article 9 Liability for breach of contract and awards

1. Contractor’s responsibility

If the quality of the project does not meet the requirements of the contract, it is responsible for repairs or rework. If the repair is reworked and the delivery is overdue, the overdue liquidated damages shall be paid at __% of the total contract price.

If the delivery time of the project is not in compliance with the regulations, the overdue liquidated damages shall be paid at __% of the total contract price.

2. Contractor’s responsibility

Failure to fulfill its responsibilities in accordance with the provisions of the contract, in addition to the completion date, should also compensate the contractor for the actual losses.

If the project is suspended, slowed down, or stopped due to design changes and design errors, measures should be taken to compensate or reduce the losses. At the same time, the contractor shall be compensated for the shutdown, work, rework, reversal, personnel and machinery. Actual loss of relocation, material and component backlog.

If the project is not experienced, the contractor will use it in advance or use it automatically. The quality or other problems that occur will be borne by the contractor.

Exceeding the contractual date and acceptance, the overdue liquidated damages shall be paid at __% of the total contract price.

3. If the contractor has the requirement of advance construction period, the advance completion award can be implemented. According to the contract construction period, the contractor will award the contractor according to the total contract price of __%.

Excellent engineering award per square meter __ yuan.

Article 10: The solution to the dispute

In the event of a dispute arising from the execution of the contract, both parties shall resolve it in a timely manner. If the negotiation fails, if the two parties belong to the same department, the higher authorities shall mediate; if the mediation fails, or the parties do not belong to the same department, either party may apply to the Economic Contracts Arbitration Commission of the Trade and Industry Bureau for arbitration, or directly to the people's court. .

Article 11 Special Provisions

If there are any unfinished matters in this contract, the parties may agree on special terms in accordance with the specific circumstances.

Article 12 Supplementary Provisions

Other matters not stated in this contract shall be implemented in accordance with the provisions of the Economic Contract Law of the People's Republic of China and the Regulations on Contracts for Construction and Installation Contracts.

Contract subsidiary file: list of project items; all construction drawings; construction drawing budget; the contractor is responsible for the supply of materials, equipment list; the state approved project investment plan, project task book, etc. __ files. The above affiliated files are an integral part of this contract and have the same legal effect.

This contract shall become effective after being signed and sealed by both parties. The contract project shall be completed and submitted for inspection, and the final payment of the project shall be settled. After the expiration of the warranty period, it will naturally become invalid.

The original of this contract is __ copies, of which __ copies are issued by the contractor, __ copies of the contractor, and __ copies are submitted to the competent department of the business, the Administration for Industry and Commerce and the Construction Bank for the record.

Contractor’s contractor’s opinion
Address: Address: Manager:
Legal representative: legal representative: forensic authority
Attorney: Attorney:
Bank of deposit: Bank of deposit:
Account number: Account number:
Phone: Phone:
Electric hanging: Electric hanging:
Postal Code: Postal Code:

Signing date: year, month and day
Signing location: ___________
Effective period
to
year month day

Schedule 1: List of Projects
┌──┬───────┬──┬──┬──┬──┬───────────┐
│Engineering│Structure│Area│Starting │Completion│Contract │Where │
│Project│ ││Date│Date │Cost ├──┬──┬──┬──┤
││ Level │ │ │ │ │ Civil Engineering │ Warm │ │ Electrical │ Ventilation │
├──┼───────┼──┼──┼──┼──┼──┼──┼──┼──┤
││ ││││││││││
├──┼───────┼──┼──┼──┼──┼──┼──┼──┼──┤
││ ││││││││││
├──┼───────┼──┼──┼──┼──┼──┼──┼──┼──┤
││ ││││││││││
└──┴───────┴──┴──┴──┴──┴──┴──┴──┴──┘

Schedule 2: List of materials and equipment supplied by the contractor
┌───┬──┬──┬──┬──┬──┬──┬────┬────┬──┐
│Material │Unit │Variation │Specification│Quantity │Unit Price │ Amount │Supply Time │Supply Location │Check │
│Preparation Name││││││││││Method│
├───┼──┼──┼──┼──┼──┼──┼────┼────┼──┤
│ │││││││││││
├───┼──┼──┼──┼──┼──┼──┼────┼────┼──┤
│ │││││││││││
├───┼──┼──┼──┼──┼──┼──┼────┼────┼──┤
│ │││││││││││
└───┴──┴──┴──┴──┴──┴──┴────┴────┴──┘

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