Construction and decoration project construction contract (1)
Construction contract
The first part of the contract conditions
First, the meaning of the word and the contract file
The meaning of the first word. In this contract, the following terms shall have the meanings given in this article, unless otherwise agreed in the terms of the agreement:
1. Contract: refers to the agreement between the contractor and the contractor to establish clear mutual rights and obligations for the implementation of the project. Including the terms of the contract, the terms of the agreement, and all the files related to the contract agreed by both parties.
2. Terms of the agreement: refers to the terms of the agreement between the contractor and the contractor in addition to the contractual conditions in combination with the specific project.
3. Employer: The party that has the qualification of the project contractor and the ability to pay the project price as stipulated in the terms of the agreement.
Party A's specific identity, scope, license, and nature must be agreed in the terms of the agreement.
4. Contractor: The party with the contractual material of the project as agreed in the terms of the agreement and accepted by Party A.
5. Party A's representative at the construction site: Party A's person in charge of the performance contract specified in the terms of the agreement.
6. Party B's representative at the construction site: the person in charge of the performance contract specified by Party B in the terms of the agreement.
7. Social supervision: Party A entrusts the engineering construction supervision unit with legal qualifications to supervise the project.
8. Supervisor of the director: The chief supervisor of the project appointed by the engineering construction supervision unit.
9. Design unit: The design unit entrusted by Party A with the corresponding qualification level of the project.
Party A shall entrust Party B to design part or all of the decoration of the contract project or the decoration of the second and above, and Party B shall have the corresponding design qualification. Party A and Party B shall sign the design contract separately.
10. Project: refers to the project that uses decorative materials to modify the exterior and interior of buildings and structures in order to achieve certain environmental quality requirements for the interior and exterior spaces of buildings and structures. Includes decorative treatment of the surface of old buildings and their facilities.
11. Project cost management department: The construction administrative department at all levels or its authorized construction cost management department.
12. Engineering quality supervision department: Construction administrative department at all levels or its authorized construction quality supervision agency.
13. Contract price: The total amount agreed by Party A and Party B in the terms of the agreement to pay Party B the completion of all project contents in accordance with the contract. The contract price of the bidding project is the winning bid price.
14. Additional contract price: The contract price that occurs during the construction and is increased by the method of calculating the contract price after confirmation by Party A.
15. Fee: Party A needs to pay directly for the expenses other than the contract price or the expenses that Party B should bear.
16. Duration: The number of days in the contract, as calculated by the total number of calendar days.
17. Start date: The absolute or relative date of commencement of the project as agreed in the terms of the agreement.
18. Completion Date: The absolute or relative date of completion of the project as agreed in the terms of the agreement.
19. Drawings: All drawings provided by Party A or approved by Party A and approved by Party B for construction.
20. Segmentation or divisional engineering: The terms of the agreement constitute any segment or division of the entire project.
21. Construction site: Provided by Party A, and agreed in the terms of the agreement, for the construction, operation, transportation, stacking materials of Party B and the surrounding venues involved in Party B construction.
22. Construction equipment and facilities: Equipment or facilities provided by Party A for construction and management in accordance with the terms of the agreement.
23. List of engineering quantities: A detailed list of the engineering quantities of all the projects calculated by the contractor in the bidding file and calculated according to the statutory engineering quantity calculation method.
24. Written form: various notices, certificates, certificates, visas, agreements, memoranda, letters, and confirmed minutes, telegrams, telexes, etc., handwritten, printed, rewritten, and printed according to the contract.
25. Force majeure: refers to waterfalls, fires caused by war, turmoil, falling of flying objects or other non-Participation Party B, and natural disasters as stipulated in the terms of the agreement.
The second contract file and the order of interpretation. The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation 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. Construction project contract;
5. Supervision contract
6. Bidding files, tenders and notices of winning bids for tendering and contracting projects;
7. a bill of quantities or an engineering budget and drawings that determine the cost of the project;
8. Standards, specifications and other relevant technical and economic information, requirements;
When the contract file is ambiguous or inconsistent, it shall be interpreted by both parties. If the negotiation fails, the solution shall be settled in accordance with the provisions of Article 35 of the agreement.
Article 3 The language, standards and applicable laws used in the contract file. The contract file is written, interpreted and explained in minority languages as agreed in Chinese or in the terms of the agreement.
National standards and specifications agreed in the terms of the agreement must be used in the construction. When there are no national standards or norms, there are industry standards and norms, and use industry standards and norms; there are no national and industry standards and norms, and local standards and norms are used. 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 submit the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be implemented after approval by Party A and the design unit. If Party A requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
The laws applicable to contract files are the laws and regulations of the state and the regulations stipulated in the terms of the agreement.
The fourth drawing. Party A shall provide Party B with complete construction drawings within 7 days prior to the commencement date in accordance with the date and number of copies as agreed in the terms of the agreement. Party B shall meet the number of drawings agreed by both parties to the terms of the agreement, and Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
When using foreign or overseas drawings, if the construction needs are not met, the parties shall stipulate the responsibility and expense of copying, redrawing, translating, and purchasing standard drawings in the terms of the agreement.
Second, the general responsibility of both parties
Article 5 Representative of Party A. The representative of Party A shall exercise the rights stipulated in the contract in accordance with the following requirements and perform the obligations stipulated in the contract:
1. A representative of Party A may appoint relevant management personnel to exercise part of his or her rights and responsibilities and may withdraw such delegation at any time. Both the delegation and the withdrawal shall be notified to Party B 7 days in advance.
2. The instructions and notices of the representative of Party A shall be signed by the person in writing and submitted to the representative of Party B in writing. The representative of Party B shall take effect after signing the name and receiving the time on the execution. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 hours. Party B shall submit a written confirmation request within 7 days after Party A’s export order is issued. Party A’s request for confirmation from Party B shall be 24 hours. After the reply is not given, it is deemed that Party B's request has been confirmed. Party B believes that Party A’s representative order is unreasonable 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 application, and notify in writing. Party B. In an emergency, Party A’s request for immediate execution of Party B or Party B’s objection, but Party A’s decision to continue execution, Party B shall execute it. The additional contract price incurred due to the wrong instruction and the loss caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A's representatives 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's representative of the specific requirements, the reasons for the reasons and the consequences of the delay within 24 hours after the agreed time. If Party A's representative does not reply within 48 hours after receiving the notice, he shall bear the cost of recovering the contract. And compensate Party B for the relevant losses, and the delay of the construction period shall be postponed accordingly.
Party A shall represent Yiren, and Party A shall notify Party B 7 days before the change of the company, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract.
Article 6 entrusts supervision. Party A shall entrust supervision with the project and shall sign a supervision contract with the supervision unit. And in the terms of this contract agreement, the supervisory unit, the chief engineer, and the duties to be performed shall be clarified.
The duties of the chief engineer and the representative of Party A in this contract cannot be crossed.
Without the consent of Party A, the Supervisory Engineer and his representative shall not be entitled to terminate any of the obligations of Party B in this contract.
In the performance of the contract, when an incident affecting the rights and obligations of Party A and Party B occurs, the chief management engineer shall make a fair treatment.
In order to ensure the normal operation of the construction, both parties should respect the decision of the chief engineer. When there is any objection to the decision of the chief engineer, it shall be handled in accordance with the terms of the agreement.
The chief management engineer is easy to be a person. Party A shall notify Party B at the same time after receiving the notice from the supervisory unit, and continue to perform the rights and obligations assigned to the predecessor.
Article 7 Party B's representative at the construction site. Party B appoints the person in charge of the construction site to exercise the contractual rights in accordance with the following requirements and fulfill the obligations 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 will take effect after signing the name and receiving the time.
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 protect the life and engineering and property safety of the personnel 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 additional contract price incurred as a result, and the construction period shall be postponed accordingly; the responsibility shall be borne by Party B and Party B shall bear the expenses.
Party B shall represent the person in charge, and Party B shall notify Party A 7 days before the change of the person, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract file.
Article 8 Party A's work. Party A shall complete the following work in one or several phases in accordance with the content and time agreed in the terms of the agreement:
1. Provide the site required for construction, and remove all obstacles affecting Party B's construction in the construction site; or bear the costs incurred by Party B in the construction of the site that is not vacated, and include it in the contract price;
2. Provide Party B with pipelines for water, electricity, heat, telecommunications, etc. required for construction, from the outside of the construction site to the place agreed in the terms of the agreement, and ensure the needs of Party B during construction;
3. Responsible for the contact and coordination of the municipal supporting departments involved in the project and the relevant local departments;
4. Coordinate the relationship between the construction units of each cross-operation in the construction site to ensure the smooth construction of Party B according to the contract;
5. Apply for approval for the approval documents, certificates and temporary land required for construction;
6. Organize the relevant units to conduct the drawing review and submit the design to Party B;
7. Provide Party B with the construction equipment and facilities agreed upon in the terms of the agreement.
Party A does not complete the above work according to the content and time agreed in the terms of the agreement, resulting in delays in the construction period, and the additional contract price incurred thereby, and compensation for Party B's relevant losses, and the construction period shall be postponed accordingly.
Article 9 Party B's work. 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, the construction drawing design or the matching design with the project shall be completed in accordance with the terms of the agreement, and shall be used after approval by the representative of Party A;
2. Provide annual, quarterly and monthly project progress plans and corresponding statistical reports and engineering accident reports to Party A representatives;
3. In the construction site constructed by Party B after vacating, the lighting, guards, fences and guards used for non-night construction shall be provided and repaired according to engineering and safety requirements. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred;
When constructing a new construction project or a building that is not vacant, the above facilities and personnel shall be responsible for the construction contractor or the building use unit, and Party B shall not bear any responsibility and expenses.
4. Comply with the local government and relevant departments on the construction site traffic and construction noise and other management regulations, with the consent of the representative of Party A, the relevant procedures are required, and Party A shall bear the expenses incurred. Except for fines caused by Party B’s liability;
5. Comply with all the regulations and requirements of the government and relevant departments on the construction site, and bear the losses and fines caused by violation of relevant regulations for their own reasons;
6. Protect the building structure and corresponding pipelines and equipment in accordance with the terms of the agreement;
7. Before the completed project has not been delivered to Party A for acceptance, it is responsible for the protection of the finished product, and damage occurs during the protection period. Party B shall repair it at its own expense. If the third party causes damage, the responsible party shall be responsible for the repair through Party A's coordination; or Party B shall repair it, and Party A shall bear the additional contract price. The sub-section or sub-project that requires Party B to take special measures for protection shall be borne by Party A and agreed in the terms of the agreement. Party A shall use it before the completion acceptance, and Party A shall bear the repair cost of the damage. As Party B fails to perform the above obligations, resulting in delays in construction and economic losses, the responsibility shall be borne by Party B.
Third, construction organization design and construction period
Article 10 Construction organization design and 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. The representative of Party A shall approve or propose the modification according to the time agreed in the terms of the agreement. If it is overdue, it shall be deemed that the construction organization design and progress plan have 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, B shall propose measures according to the requirements of the representative of Party A, and the representative of Party A shall implement it after approval.
Article 11 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 7 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 7 days. Party A's representative will not reply within 7 days, and he is deemed to have agreed to Party B's request, and the construction period will be postponed accordingly. The representative of Party A does not agree to the extension request or Party B does not request the extension of the construction within the specified time, and the completion period will not be postponed.
After Party A has obtained the consent of Party B and notified Party B in writing, it may request to postpone the commencement date and bear the additional contract price caused by Party B, and accordingly extend the construction period.
Article 12 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 at the request of Party A and properly protect the completed project. After Party B implements the opinions of Party A's representatives, it may request a resumption of work. Party A's representative shall give a reply within 48 hours. Party A's representative failed to submit a handling opinion within the stipulated time, or did not reply within 48 hours after receiving Party B's request for a return to work. Party B may return to work on its own. The responsibility for work stoppage is in Party A. Party A shall bear the additional contract price and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, 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 completely canceled the contract, and Party A shall be liable for breach of contract.
Article 13 Delay in construction period. Due to the following reasons, the construction period is delayed, and the representative of Party A confirms that the construction period will be postponed accordingly.
1. Party A cannot provide the conditions for commencement of work as agreed in the terms of the agreement;
2. Engineering volume changes and design changes;
3. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
4. The project was not paid on time;
5. force majeure;
6. Other stoppages other than Party B reasons.
Within 7 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the additional contract price incurred. The representative of Party A shall confirm and reply within 7 days after receiving the report, and shall not reply within the time limit. Party B shall not reply. Can be considered as an extension and the request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B shall be liable for breach of contract in accordance with the terms of the agreement.
Article 14 The construction period is advanced. If the construction needs to be completed in advance, the two parties should sign an early completion agreement after the agreement. Party B shall amend the progress plan according to the agreement and report to Party A for approval. Party A shall give approval within 7 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements:
1. Advance time;
2. The rushing measures taken by Party B;
3. The conditions provided by Party A for the rush to work;
4. Additional contract price and commitment for the hurrying measures;
5. Share the benefits of early completion.
Fourth, quality and inspection
Article 15 Engineering sample. According to the terms of the agreement, the sample room produced by Party B shall be sealed by both Party A and Party B after passing the inspection by the representative of Party A. The model room is the physical standard for the completion and acceptance of Party A. The full cost of making the model room shall be borne by Party A.
Article 16 Inspection and rework. Party B shall carefully follow the standards, specifications, design and inter-model standards 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 to facilitate the inspection and inspection, and according to Party A's representative. Responsible for rework and modification, and the expenses incurred for rework and modification due to their own reasons. Party A shall bear the additional contract price caused by Party A’s incorrect correction or other reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still subject to the responsibility and expenses incurred by Party B, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
Inspection and inspection after passing inspection and inspection shall not affect the normal operation of the construction. If the construction is affected normally, the inspection and inspection will be unqualified, and the expenses affecting the construction shall be borne by Party B. In addition to this, the additional contract price affecting normal construction shall be borne by Party A, and the construction period shall be extended accordingly.
Article 17 Project 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 additional contract price to be increased shall be paid. 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 requirements of 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 additional contract price for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The terms of the agreement stipulate that the quality supervision department should mediate, the mediation fee and the losses caused by it shall be borne by the responsible party.
Article 18 Concealed works and intermediate acceptance. The project has concealed conditions or intermediate acceptance points agreed upon in the terms of the agreement. After Party B passes the self-inspection, Party B shall notify Party A to participate 48 hours before the concealment and intermediate acceptance. 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 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.
Party A's representatives cannot participate in the acceptance on time. They must submit an extension request to Party B 24 hours before the start of acceptance. The extension cannot be more than two days. Party A's representative fails to submit the extension request according to the above time, and does not participate in the acceptance. Party B can organize the acceptance by itself. Party A shall acknowledge the acceptance record.
Article 19 re-inspection. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project that has been accepted, Party B shall be stripped as required and concealed after re-concealment or repair after inspection. If the inspection is qualified, Party A shall bear the additional contract price incurred thereby, and compensate Party B for the loss and correspondingly extend the construction period. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
V. Contract price and payment method
Article 20 Contract price and adjustment. After the contract price and payment method are agreed in the terms of the agreement, neither party may change it without authorization. One of the following conditions can be adjusted:
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. Price adjustment announced by the project cost management department;
4. During the week, non-Party B caused water cuts, power outages, and gas outages for more than 8 hours;
5. Other additions, subtractions or adjustments as agreed in the terms of the agreement.
The parties agreed in the terms of the agreement to adjust the method and scope of the contract price. When Party B needs to adjust the contract price, Party B shall notify Party A in writing of the reason and amount of the adjustment within the number of days agreed upon in the terms of the agreement. Party A shall notify the handling bank and Party B upon approval. If Party A's representative does not reply within 7 days after receiving the notice from Party B, it is deemed to have been approved.
For fixed price contracts, both parties shall stipulate in the terms of the agreement the amount of risk given by Party A to Party B or the risk factor according to the contract price, and the parties shall agree on the scope of risk that Party B shall bear within the fixed price.
Article 21 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 agree to prepay the project payment according to the terms of the agreement. Party B shall send Party A a notice requesting prepayment of the project payment within 7 days after the agreed prepayment time. Party A shall not be able to prepay the project payment as required after receiving the notice. Party B may issue After 7 days from the notice, the construction shall be stopped. Party A shall pay Party B the interest payable and pay the liability for breach of contract from the date of payment.
Article 22 The verification of the quantity of the project shall be confirmed. Party B shall submit a report of the completed amount of work to the representative of Party A at the time agreed in the terms of the agreement. Party A shall verify the number of completed projects according to the design drawings within 7 days after receiving the report, and notify Party B 24 hours in advance. Party B provides convenience for measurement and sends people to participate.
Party B shall not participate in the measurement without justified reasons, and Party A's representative shall conduct it on its own, and the measurement result shall be deemed effective, as the basis for payment of the project price. Party A's representative did not measure within 7 days after receiving Party B's report. From the 8th day onwards, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project payment. 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.
The representative of Party A shall not measure the amount of work that is caused by the increase of the amount of work required by Party B beyond the design drawings and the rework caused by its own reasons.
Article 23 Payment of construction funds. Party A shall calculate the project price according to the time and method agreed upon by the terms of the agreement, based on the amount of work confirmed by the representative of Party A, and shall be paid by the representative of Party A after signing the contract. Party A shall not pay the payment more than 7 days after the signing of the measurement result. Party B may issue a notice of payment to Party A. Party A shall not pay according to the request after receiving the notice from Party B. Party B may stop the construction 7 days after the notice is given. Party A Bear the responsibility for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment. The agreement shall clearly stipulate the date of payment, and Party A shall pay Party B the interest payable on the project payable from the 8th day after the signing of the measurement result.
Sixth, material supply
Article 24 Material samples or samples. Material samples or samples should be provided in advance, regardless of the supply of either Party A or B. Sealed by both parties after acceptance, as the physical standard for material supply and completion acceptance. The type of material specified by Party A or the design unit, and the sampler shall provide samples or samples of the specified style, hue and specifications.
Article 25 Party A provides materials. Party A shall provide Party B with materials and product qualification certificates in accordance with the types, specifications, quantities, unit prices, quality grades, and lists of time and place of materials agreed upon in the terms of the agreement. Party A's representative shall send the notice to Party B 24 hours before the acceptance of the materials provided, and Party B shall send the person to check with Party A. Regardless of whether Party B sends people to participate in the acceptance, Party B shall keep it in good condition after acceptance, and Party A shall pay the corresponding storage fee. If damage or loss occurs, Party B shall be responsible for compensation. 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 damage or loss.
The materials supplied by Party A do not match the list or sample, and are handled separately as follows:
1. The unit price of the material does not match the list, and Party A bears all the difference;
2. If the type, specification, model and quality grade of the material do not match the list or sample, Party B may refuse to accept the storage and shall be shipped out of the construction site by Party A and re-purchased;
3. The place of arrival does not match the list, and Party A is responsible for the shipment to the agreed place;
4. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When there is more than the list quantity, Party A is responsible for transporting the excess part out of the construction site;
5. The supply time is earlier than the agreed time of the list, and Party A shall bear the custody expenses incurred as a result.
The additional contract price caused by the above reasons or later than the time specified in the list shall be borne by Party A. Delays occur, the construction period is postponed accordingly, and Party A compensates Party B for the losses caused.
After Party B's inspection is difficult, it still finds that it does not conform to the specifications and quality grades of the list and samples. Party A shall also bear the additional contract price for re-purchasing and rework, and correspondingly extend the construction period.
Article 26 Party B supplies materials. Party B shall, in accordance with the terms of the agreement, procure the materials required for the project in accordance with the requirements of the design, specifications and samples, and provide proof of product qualification. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that are inconsistent with the design, specification and sample requirements, Party A's representative shall prohibit the use of Party A. The Party shall, in accordance with the time required by Party A's representative, appear in the field to re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. . Party A failed to meet and accept the goods on time. Later, it was found that the materials did not meet the specifications, design and sample requirements. Party B should still dismantle, repair and repurchase, and bear the expenses incurred. The delay in the construction period will be delayed accordingly.
Article 27 Material testing. For materials that must be tested before use, regardless of the supply of either Party A or Party B, Party B shall conduct tests for fire retardant and toxic reactions according to the terms of the agreement. If the test conditions are not met, the professional organization may be entrusted to conduct the test, and the expenses shall be borne by Party A. If the test result is unqualified, the purchase shall be stopped. If it has been purchased and shipped to the site, it shall be immediately presented by the purchaser. The purchase cost of all materials shall be borne by the purchaser. If the materials specified by Party A or the design unit are unqualified, Party A shall bear the purchase cost of all materials.
Seven, design changes
Article 28 Party A changes the design. Party A shall notify Party B 7 days prior to the construction of the project. If Party B has already completed the construction of the project, Party A shall notify Party B in time to change the design, and Party B shall stop the construction immediately upon receiving the notice.
Due to the design change, the backlog of Party B's materials shall be handled by Party A and shall bear all processing costs.
Due to the design change, the total additional contract price and corresponding losses required for Party B's rework shall be borne by Party A, and the construction period shall be extended accordingly.
Article 29 Party B changes the design. Party B's proposal for rationalization involves the change of design and the replacement of the original materials, which must be approved by Party A and relevant departments. The amount of savings proposed by the rationalization will be shared by both parties.
Article 30 The impact of design changes on the project. All design changes, both parties should apply for a change of visa. After the design change occurs, Party B shall, according to the requirements of Party A's representative, make the following changes to the project:
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.
Article 31 Determine the price and duration of the contract.
After the design change occurs, Party B shall propose the change price according to the following methods during the negotiation period between the two parties, and adjust the contract price after the approval of the representative of Party A:
1. There is already a price applicable to the change project in the contract, and the contract price is changed according to the existing price of the contract;
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 applicable and similar price in the contract, and Party B proposes the appropriate price change and sends it to the representative of Party A for approval.
The design change affects the construction period, and Party B proposes to change the construction period and send the representative of Party A to approve the completion date.
Party A's representative disagreed with Party B's proposed price change and construction period. Within 7 days after Party B's proposal, Party B shall notify Party B to request the project cost management department or the relevant construction period management department to rule that there is any objection to the ruling and shall be resolved in accordance with the method stipulated in Article 35.
8. Completion and settlement
Article 32 Completion acceptance. The project has the conditions for completion and acceptance, and Party B shall provide complete completion information and completion acceptance report to Party A in accordance with the relevant provisions of the national project completion acceptance. 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, the representative of Party A shall organize the relevant departments to accept the acceptance within the time limit stipulated in the terms of the agreement, and give approval or propose amendments within 7 days after the acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative shall not organize the acceptance within 7 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 7 days after acceptance, and cannot make amendments. If the completion acceptance report has been approved, it can be processed. 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 acceptance according to the date agreed upon in the terms of the agreement, and shall bear the custody fee from the day after the last day of the agreed time limit.
For special reasons, when some projects or parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 33 Completion settlement. After the completion report is approved, Party B shall submit a settlement report to the representative of Party A according to the relevant provisions of the State or the time and manner agreed in the terms of the agreement, and complete the settlement and settlement. After receiving the settlement report, Party A's representative shall give approval or propose amendments within 7 days, and send the appropriation notice to the bank for payment of the project payment within the time specified in the terms of the agreement, and send a copy to Party B. Party B will deliver the completed project to Party A within 14 days after receiving the project payment.
Party A shall not settle the settlement within 14 days after receiving the completion report without proper reasons. From the 15th day, the interest of the construction fund shall be paid according to the highest interest rate of the construction enterprise to the bank during the same period, and the liability for breach of contract shall be assumed.
Article 34. Warranty. Party B shall carry out the warranty and pay the warranty according to the warranty items, contents, scope, duration, warranty amount and payment method stipulated in the relevant provisions of the State and the terms of the agreement.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For projects that are subject to individual acceptance, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send someone to repair within 7 days after receiving the repair notice. Otherwise, Party A may entrust other units or personnel to repair it. 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 expenses for repairs due to reasons other than Party B.
If the contracted price is set at the agreed rate, Party A shall settle the warranty within 14 days after the expiration of the warranty period, and return the remaining warranty and the interest calculated according to the agreed terms of the agreement. Party B.
IX. Disputes, breach of contract and claims
Article 35. Disputes. Disputes arising during the execution of this contract shall be settled by both parties through negotiation or by the relevant department. If the parties are unwilling to negotiate, mediate settlement, or negotiate or mediate, the parties shall stipulate in the terms of the agreement that the arbitration committee shall arbitrate. If the parties have not agreed to an arbitration institution and have not reached a written arbitration agreement afterwards, they may file a suit in a people's court.
After a 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 has indeed been unable to perform;
2. The two parties agreed to stop construction;
3. The mediation requested that the construction be stopped and accepted by both parties;
4. The Arbitration Commission requested that construction be stopped;
5. The court requested that construction be stopped.
Article 36. Party A's representative can't give necessary instructions, confirmation, approval in time, fail to pay according to the contract or perform other obligations, and other acts that make the contract impossible to perform, should bear the liability for breach of contract, correspondingly extend the construction period, and pay according to the terms of the agreement. Liquidated damages, compensation for losses caused by breach of contract to Party B.
Party B shall not be completed according to the contract period, the construction quality will not meet the requirements of design and specification, or other behaviors that cannot be performed by the use contract. Party B shall bear the liability for breach of contract, and Party A shall be required to pay liquidated damages according to the terms of the agreement, and compensation shall be paid for breach of contract. The losses caused by Party A.
Unless the parties agree to terminate the contract or fail to perform the contract 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 the other party wants to suspend or terminate the entire contract, the other party shall notify the defaulting party in writing. The defaulting party must reply within 7 days from the date of receipt of the notice, and the reply shall not be agreed for more than 7 days. Suspension or termination of the contract, the defaulting party shall be liable for breach of contract.
Article 37. Claims. Party A fails to provide conditions, pay various fees, extend the construction period, and compensate for losses according to the terms of the agreement. Party B may claim against Party A according to the following provisions:
1. Have a legitimate claim and have relevant evidence at the time of the claim;
2. Within 14 days after the claim event, the Party A’s representative is requested to claim the claim;
3. Submit all and detailed claim information and amount to Party A's representative within 14 days after the intent to issue the claim;
4.甲方在接到索賠資產後７天內給予批准，或要求乙方進一步補充索賠理由和證據，甲方在７天內未作答覆，視為該索賠已經批准；
5.雙方協定實行一攬子索賠，索賠意向不得遲於工程竣工日期前１４天提出。
十、其它
第三十八條安全施工。乙方要按有關規定，採取嚴格的安全防護和防火措施，並承擔由於自身原因造成的財產損失和傷亡事故的責任和因此發生的費用。非乙方責任造成的財產損失和傷亡事故，由責任方承擔責任和有關費用。
發生重大傷亡事故，乙方應按規定立即上報有關部門並通知甲方代表。同時按政府有關部門的要求處理。甲方要為搶救提供必要條件。發生的費用由事故責任方承擔。
乙方在動力設備、高電壓線路、地下管道、密封防震車間、易燃易爆地段以及臨時交通要道附近施工前，應向甲方代表提出安全保護措施，經甲方代表批准後實施。由甲方承擔防護措施費用。
在不騰空和繼續使用的建築物內施工時，乙方應制定周密的安全保護和防火措施，確保建築物內的財產和人員的安全，並報甲方代表批准。安全保護措施費用，由甲方承擔。
在有毒有害環境中施工，甲方應按有關規定提供相應的防護措施，並承擔有關費用。
第三十九條專利技術和特殊工藝的使用。甲方要求採用專利技術和特殊工藝，須負責辦理相應的申報、審批手續，承擔申報、實驗等費用。乙方按甲方要求使用，並負責實驗等有關工作。乙方提出使用專利技術和特殊工藝，報甲方代表批准後按以上約定辦理。
以上發生的費用和獲得的收益，雙方按協定條款約定分攤或分享。
第四十條不可抗力。不可抗力發生後，乙方應迅速採取措施，儘量減少損失，並在２４小時內向甲方代表通報災害情況，按協定條款約定的時間向甲方報告情況和清理、修復的費用。災害繼續發生，乙方應每隔７天內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。
因不可抗力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.所需清理和修復工作的責任與費用的承擔，雙方另簽補充協定約定。
第四十一條保險。在施工場地內，甲乙雙方認為有保險的必要時，甲方按協定條款的約定，辦理建築物和施工場地內甲方人員及第三方人員生命財產保險，並支付一切費用。
乙方辦理施工場地內自己人員生命財產和機械設備的保險，並支付一切費用。
當乙方為分包或在不騰空的建築物內施工時，乙方辦理自己的各類保險。
投保後發生事故，乙方應在１４天內向甲方提供建築工程損失情況和估價的報告，如損害繼續發生，乙方在１４天后每７天報告一次，直到損害結束。
第四十二條工程停建或緩建。由於不可抗力及其它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，支付以上的費用，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經定貨的材料、設備由定貨方負責退貨，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。
第四十三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。
第四十四條契約份數。契約正本兩份，具有同等法律效力，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。
第二部分協定條款
Party A:
Party B:
按照《中華人民共和國經濟契約法》和《建築安裝工程承包契約條例》的原則，結合本工程具體情況，雙方達成如下協定。
The first project overview
１．１ 工程名稱：
工程地點：
Contracting scope:
承包方式：
１．２ 開工日期：
竣工日期：
總日曆工期天數：
１．３ 質量等級：
１．４ 契約價款：
第二條契約檔案及解釋順序
第三條契約檔案使用的語言和適用標準及法律
３．１ 契約語言：
３．２ 適用標準、規範：
３．３ 適用法律、法規：
第四條圖紙
４．１ 圖紙提供日期：
４．２ 圖紙提供套數：
４．３ 圖紙特殊保密要求和費用：
第五條甲方代表
５．１ 甲方代表姓名和職稱：
５．２ 甲方賦予甲方代表的職權：
５．３ 甲方代表委派人員的名單及責任範圍：
第六條監理單位及總監理工程師
６．１ 監理單位名稱：
６．２ 總監理工程師姓名、職稱：
６．３ 總監理工程師職責：
第七條乙方駐工地代表
第八條甲方工作
８．１ 提供具備開工條件施工場地的時間和要求：
８．２ 水、電、電訊等施工管線進入施工場地的時間、地點和供應要求：
８．３ 需要與有關部門聯繫和協調工作的內容及完成時間：
８．４ 需要協調各施工單位之間關係的工作內容和完成時間：
８．５ 辦理證件、批件的名稱和完成時間：
８．６ 會審圖紙和設計交底的時間：
８．７ 向乙方提供的設施內容：
第九條乙方工作
９．１ 施工圖和配套設計名稱、完成時間及要求：
９．２ 提供計畫、報表的名稱、時間和份數：
９．３ 施工場地防護工作的要求：
９．４ 施工現場交通和噪音控制的要求：
９．５ 符合施工場地規定的要求：
９．６ 保護建築物結構及相應管線和設備的措施：
９．７ 建築成品保護的措施：
第十條進度計畫
１０．１ 乙方提供施工組織設計和進度計畫的時間：
１０．２ 甲方代表批准進度計畫的時間：
第十一條延期開工
第十二條暫停施工
第十三條工期延誤
第十四條工期提前
第十五條工程樣板
１５．１ 對工程樣板間的要求：
第十六條檢查和返工
第十七條工程質量等級
１７．１ 工程質量等級要求的追加契約價款：
１７．２ 質量評定部門名稱：
第十八條隱蔽工程和中間驗收
１８．１ 中間驗收部位和時間：
第十九條驗收和重新檢驗
第二十條契約價款及調整
２０．１ 契約價款形式：
The first part of the contract conditions
First, the meaning of the word and the contract file
The meaning of the first word. In this contract, the following terms shall have the meanings given in this article, unless otherwise agreed in the terms of the agreement:
1. Contract: refers to the agreement between the contractor and the contractor to establish clear mutual rights and obligations for the implementation of the project. Including the terms of the contract, the terms of the agreement, and all the files related to the contract agreed by both parties.
2. Terms of the agreement: refers to the terms of the agreement between the contractor and the contractor in addition to the contractual conditions in combination with the specific project.
3. Employer: The party that has the qualification of the project contractor and the ability to pay the project price as stipulated in the terms of the agreement.
Party A's specific identity, scope, license, and nature must be agreed in the terms of the agreement.
4. Contractor: The party with the contractual material of the project as agreed in the terms of the agreement and accepted by Party A.
5. Party A's representative at the construction site: Party A's person in charge of the performance contract specified in the terms of the agreement.
6. Party B's representative at the construction site: the person in charge of the performance contract specified by Party B in the terms of the agreement.
7. Social supervision: Party A entrusts the engineering construction supervision unit with legal qualifications to supervise the project.
8. Supervisor of the director: The chief supervisor of the project appointed by the engineering construction supervision unit.
9. Design unit: The design unit entrusted by Party A with the corresponding qualification level of the project.
Party A shall entrust Party B to design part or all of the decoration of the contract project or the decoration of the second and above, and Party B shall have the corresponding design qualification. Party A and Party B shall sign the design contract separately.
10. Project: refers to the project that uses decorative materials to modify the exterior and interior of buildings and structures in order to achieve certain environmental quality requirements for the interior and exterior spaces of buildings and structures. Includes decorative treatment of the surface of old buildings and their facilities.
11. Project cost management department: The construction administrative department at all levels or its authorized construction cost management department.
12. Engineering quality supervision department: Construction administrative department at all levels or its authorized construction quality supervision agency.
13. Contract price: The total amount agreed by Party A and Party B in the terms of the agreement to pay Party B the completion of all project contents in accordance with the contract. The contract price of the bidding project is the winning bid price.
14. Additional contract price: The contract price that occurs during the construction and is increased by the method of calculating the contract price after confirmation by Party A.
15. Fee: Party A needs to pay directly for the expenses other than the contract price or the expenses that Party B should bear.
16. Duration: The number of days in the contract, as calculated by the total number of calendar days.
17. Start date: The absolute or relative date of commencement of the project as agreed in the terms of the agreement.
18. Completion Date: The absolute or relative date of completion of the project as agreed in the terms of the agreement.
19. Drawings: All drawings provided by Party A or approved by Party A and approved by Party B for construction.
20. Segmentation or divisional engineering: The terms of the agreement constitute any segment or division of the entire project.
21. Construction site: Provided by Party A, and agreed in the terms of the agreement, for the construction, operation, transportation, stacking materials of Party B and the surrounding venues involved in Party B construction.
22. Construction equipment and facilities: Equipment or facilities provided by Party A for construction and management in accordance with the terms of the agreement.
23. List of engineering quantities: A detailed list of the engineering quantities of all the projects calculated by the contractor in the bidding file and calculated according to the statutory engineering quantity calculation method.
24. Written form: various notices, certificates, certificates, visas, agreements, memoranda, letters, and confirmed minutes, telegrams, telexes, etc., handwritten, printed, rewritten, and printed according to the contract.
25. Force majeure: refers to waterfalls, fires caused by war, turmoil, falling of flying objects or other non-Participation Party B, and natural disasters as stipulated in the terms of the agreement.
The second contract file and the order of interpretation. The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation 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. Construction project contract;
5. Supervision contract
6. Bidding files, tenders and notices of winning bids for tendering and contracting projects;
7. a bill of quantities or an engineering budget and drawings that determine the cost of the project;
8. Standards, specifications and other relevant technical and economic information, requirements;
When the contract file is ambiguous or inconsistent, it shall be interpreted by both parties. If the negotiation fails, the solution shall be settled in accordance with the provisions of Article 35 of the agreement.
Article 3 The language, standards and applicable laws used in the contract file. The contract file is written, interpreted and explained in minority languages as agreed in Chinese or in the terms of the agreement.
National standards and specifications agreed in the terms of the agreement must be used in the construction. When there are no national standards or norms, there are industry standards and norms, and use industry standards and norms; there are no national and industry standards and norms, and local standards and norms are used. 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 submit the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be implemented after approval by Party A and the design unit. If Party A requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
The laws applicable to contract files are the laws and regulations of the state and the regulations stipulated in the terms of the agreement.
The fourth drawing. Party A shall provide Party B with complete construction drawings within 7 days prior to the commencement date in accordance with the date and number of copies as agreed in the terms of the agreement. Party B shall meet the number of drawings agreed by both parties to the terms of the agreement, and Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
When using foreign or overseas drawings, if the construction needs are not met, the parties shall stipulate the responsibility and expense of copying, redrawing, translating, and purchasing standard drawings in the terms of the agreement.
Second, the general responsibility of both parties
Article 5 Representative of Party A. The representative of Party A shall exercise the rights stipulated in the contract in accordance with the following requirements and perform the obligations stipulated in the contract:
1. A representative of Party A may appoint relevant management personnel to exercise part of his or her rights and responsibilities and may withdraw such delegation at any time. Both the delegation and the withdrawal shall be notified to Party B 7 days in advance.
2. The instructions and notices of the representative of Party A shall be signed by the person in writing and submitted to the representative of Party B in writing. The representative of Party B shall take effect after signing the name and receiving the time on the execution. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 hours. Party B shall submit a written confirmation request within 7 days after Party A’s export order is issued. Party A’s request for confirmation from Party B shall be 24 hours. After the reply is not given, it is deemed that Party B's request has been confirmed. Party B believes that Party A’s representative order is unreasonable 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 application, and notify in writing. Party B. In an emergency, Party A’s request for immediate execution of Party B or Party B’s objection, but Party A’s decision to continue execution, Party B shall execute it. The additional contract price incurred due to the wrong instruction and the loss caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A's representatives 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's representative of the specific requirements, the reasons for the reasons and the consequences of the delay within 24 hours after the agreed time. If Party A's representative does not reply within 48 hours after receiving the notice, he shall bear the cost of recovering the contract. And compensate Party B for the relevant losses, and the delay of the construction period shall be postponed accordingly.
Party A shall represent Yiren, and Party A shall notify Party B 7 days before the change of the company, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract.
Article 6 entrusts supervision. Party A shall entrust supervision with the project and shall sign a supervision contract with the supervision unit. And in the terms of this contract agreement, the supervisory unit, the chief engineer, and the duties to be performed shall be clarified.
The duties of the chief engineer and the representative of Party A in this contract cannot be crossed.
Without the consent of Party A, the Supervisory Engineer and his representative shall not be entitled to terminate any of the obligations of Party B in this contract.
In the performance of the contract, when an incident affecting the rights and obligations of Party A and Party B occurs, the chief management engineer shall make a fair treatment.
In order to ensure the normal operation of the construction, both parties should respect the decision of the chief engineer. When there is any objection to the decision of the chief engineer, it shall be handled in accordance with the terms of the agreement.
The chief management engineer is easy to be a person. Party A shall notify Party B at the same time after receiving the notice from the supervisory unit, and continue to perform the rights and obligations assigned to the predecessor.
Article 7 Party B's representative at the construction site. Party B appoints the person in charge of the construction site to exercise the contractual rights in accordance with the following requirements and fulfill the obligations 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 will take effect after signing the name and receiving the time.
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 protect the life and engineering and property safety of the personnel 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 additional contract price incurred as a result, and the construction period shall be postponed accordingly; the responsibility shall be borne by Party B and Party B shall bear the expenses.
Party B shall represent the person in charge, and Party B shall notify Party A 7 days before the change of the person, and shall continue to perform the rights and obligations of the predecessor as agreed in the contract file.
Article 8 Party A's work. Party A shall complete the following work in one or several phases in accordance with the content and time agreed in the terms of the agreement:
1. Provide the site required for construction, and remove all obstacles affecting Party B's construction in the construction site; or bear the costs incurred by Party B in the construction of the site that is not vacated, and include it in the contract price;
2. Provide Party B with pipelines for water, electricity, heat, telecommunications, etc. required for construction, from the outside of the construction site to the place agreed in the terms of the agreement, and ensure the needs of Party B during construction;
3. Responsible for the contact and coordination of the municipal supporting departments involved in the project and the relevant local departments;
4. Coordinate the relationship between the construction units of each cross-operation in the construction site to ensure the smooth construction of Party B according to the contract;
5. Apply for approval for the approval documents, certificates and temporary land required for construction;
6. Organize the relevant units to conduct the drawing review and submit the design to Party B;
7. Provide Party B with the construction equipment and facilities agreed upon in the terms of the agreement.
Party A does not complete the above work according to the content and time agreed in the terms of the agreement, resulting in delays in the construction period, and the additional contract price incurred thereby, and compensation for Party B's relevant losses, and the construction period shall be postponed accordingly.
Article 9 Party B's work. 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, the construction drawing design or the matching design with the project shall be completed in accordance with the terms of the agreement, and shall be used after approval by the representative of Party A;
2. Provide annual, quarterly and monthly project progress plans and corresponding statistical reports and engineering accident reports to Party A representatives;
3. In the construction site constructed by Party B after vacating, the lighting, guards, fences and guards used for non-night construction shall be provided and repaired according to engineering and safety requirements. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred;
When constructing a new construction project or a building that is not vacant, the above facilities and personnel shall be responsible for the construction contractor or the building use unit, and Party B shall not bear any responsibility and expenses.
4. Comply with the local government and relevant departments on the construction site traffic and construction noise and other management regulations, with the consent of the representative of Party A, the relevant procedures are required, and Party A shall bear the expenses incurred. Except for fines caused by Party B’s liability;
5. Comply with all the regulations and requirements of the government and relevant departments on the construction site, and bear the losses and fines caused by violation of relevant regulations for their own reasons;
6. Protect the building structure and corresponding pipelines and equipment in accordance with the terms of the agreement;
7. Before the completed project has not been delivered to Party A for acceptance, it is responsible for the protection of the finished product, and damage occurs during the protection period. Party B shall repair it at its own expense. If the third party causes damage, the responsible party shall be responsible for the repair through Party A's coordination; or Party B shall repair it, and Party A shall bear the additional contract price. The sub-section or sub-project that requires Party B to take special measures for protection shall be borne by Party A and agreed in the terms of the agreement. Party A shall use it before the completion acceptance, and Party A shall bear the repair cost of the damage. As Party B fails to perform the above obligations, resulting in delays in construction and economic losses, the responsibility shall be borne by Party B.
Third, construction organization design and construction period
Article 10 Construction organization design and 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. The representative of Party A shall approve or propose the modification according to the time agreed in the terms of the agreement. If it is overdue, it shall be deemed that the construction organization design and progress plan have 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, B shall propose measures according to the requirements of the representative of Party A, and the representative of Party A shall implement it after approval.
Article 11 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 7 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 7 days. Party A's representative will not reply within 7 days, and he is deemed to have agreed to Party B's request, and the construction period will be postponed accordingly. The representative of Party A does not agree to the extension request or Party B does not request the extension of the construction within the specified time, and the completion period will not be postponed.
After Party A has obtained the consent of Party B and notified Party B in writing, it may request to postpone the commencement date and bear the additional contract price caused by Party B, and accordingly extend the construction period.
Article 12 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 at the request of Party A and properly protect the completed project. After Party B implements the opinions of Party A's representatives, it may request a resumption of work. Party A's representative shall give a reply within 48 hours. Party A's representative failed to submit a handling opinion within the stipulated time, or did not reply within 48 hours after receiving Party B's request for a return to work. Party B may return to work on its own. The responsibility for work stoppage is in Party A. Party A shall bear the additional contract price and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, 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 completely canceled the contract, and Party A shall be liable for breach of contract.
Article 13 Delay in construction period. Due to the following reasons, the construction period is delayed, and the representative of Party A confirms that the construction period will be postponed accordingly.
1. Party A cannot provide the conditions for commencement of work as agreed in the terms of the agreement;
2. Engineering volume changes and design changes;
3. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
4. The project was not paid on time;
5. force majeure;
6. Other stoppages other than Party B reasons.
Within 7 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the additional contract price incurred. The representative of Party A shall confirm and reply within 7 days after receiving the report, and shall not reply within the time limit. Party B shall not reply. Can be considered as an extension and the request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B shall be liable for breach of contract in accordance with the terms of the agreement.
Article 14 The construction period is advanced. If the construction needs to be completed in advance, the two parties should sign an early completion agreement after the agreement. Party B shall amend the progress plan according to the agreement and report to Party A for approval. Party A shall give approval within 7 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements:
1. Advance time;
2. The rushing measures taken by Party B;
3. The conditions provided by Party A for the rush to work;
4. Additional contract price and commitment for the hurrying measures;
5. Share the benefits of early completion.
Fourth, quality and inspection
Article 15 Engineering sample. According to the terms of the agreement, the sample room produced by Party B shall be sealed by both Party A and Party B after passing the inspection by the representative of Party A. The model room is the physical standard for the completion and acceptance of Party A. The full cost of making the model room shall be borne by Party A.
Article 16 Inspection and rework. Party B shall carefully follow the standards, specifications, design and inter-model standards 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 to facilitate the inspection and inspection, and according to Party A's representative. Responsible for rework and modification, and the expenses incurred for rework and modification due to their own reasons. Party A shall bear the additional contract price caused by Party A’s incorrect correction or other reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still subject to the responsibility and expenses incurred by Party B, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
Inspection and inspection after passing inspection and inspection shall not affect the normal operation of the construction. If the construction is affected normally, the inspection and inspection will be unqualified, and the expenses affecting the construction shall be borne by Party B. In addition to this, the additional contract price affecting normal construction shall be borne by Party A, and the construction period shall be extended accordingly.
Article 17 Project 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 additional contract price to be increased shall be paid. 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 requirements of 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 additional contract price for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The terms of the agreement stipulate that the quality supervision department should mediate, the mediation fee and the losses caused by it shall be borne by the responsible party.
Article 18 Concealed works and intermediate acceptance. The project has concealed conditions or intermediate acceptance points agreed upon in the terms of the agreement. After Party B passes the self-inspection, Party B shall notify Party A to participate 48 hours before the concealment and intermediate acceptance. 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 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.
Party A's representatives cannot participate in the acceptance on time. They must submit an extension request to Party B 24 hours before the start of acceptance. The extension cannot be more than two days. Party A's representative fails to submit the extension request according to the above time, and does not participate in the acceptance. Party B can organize the acceptance by itself. Party A shall acknowledge the acceptance record.
Article 19 re-inspection. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project that has been accepted, Party B shall be stripped as required and concealed after re-concealment or repair after inspection. If the inspection is qualified, Party A shall bear the additional contract price incurred thereby, and compensate Party B for the loss and correspondingly extend the construction period. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
V. Contract price and payment method
Article 20 Contract price and adjustment. After the contract price and payment method are agreed in the terms of the agreement, neither party may change it without authorization. One of the following conditions can be adjusted:
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. Price adjustment announced by the project cost management department;
4. During the week, non-Party B caused water cuts, power outages, and gas outages for more than 8 hours;
5. Other additions, subtractions or adjustments as agreed in the terms of the agreement.
The parties agreed in the terms of the agreement to adjust the method and scope of the contract price. When Party B needs to adjust the contract price, Party B shall notify Party A in writing of the reason and amount of the adjustment within the number of days agreed upon in the terms of the agreement. Party A shall notify the handling bank and Party B upon approval. If Party A's representative does not reply within 7 days after receiving the notice from Party B, it is deemed to have been approved.
For fixed price contracts, both parties shall stipulate in the terms of the agreement the amount of risk given by Party A to Party B or the risk factor according to the contract price, and the parties shall agree on the scope of risk that Party B shall bear within the fixed price.
Article 21 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 agree to prepay the project payment according to the terms of the agreement. Party B shall send Party A a notice requesting prepayment of the project payment within 7 days after the agreed prepayment time. Party A shall not be able to prepay the project payment as required after receiving the notice. Party B may issue After 7 days from the notice, the construction shall be stopped. Party A shall pay Party B the interest payable and pay the liability for breach of contract from the date of payment.
Article 22 The verification of the quantity of the project shall be confirmed. Party B shall submit a report of the completed amount of work to the representative of Party A at the time agreed in the terms of the agreement. Party A shall verify the number of completed projects according to the design drawings within 7 days after receiving the report, and notify Party B 24 hours in advance. Party B provides convenience for measurement and sends people to participate.
Party B shall not participate in the measurement without justified reasons, and Party A's representative shall conduct it on its own, and the measurement result shall be deemed effective, as the basis for payment of the project price. Party A's representative did not measure within 7 days after receiving Party B's report. From the 8th day onwards, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project payment. 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.
The representative of Party A shall not measure the amount of work that is caused by the increase of the amount of work required by Party B beyond the design drawings and the rework caused by its own reasons.
Article 23 Payment of construction funds. Party A shall calculate the project price according to the time and method agreed upon by the terms of the agreement, based on the amount of work confirmed by the representative of Party A, and shall be paid by the representative of Party A after signing the contract. Party A shall not pay the payment more than 7 days after the signing of the measurement result. Party B may issue a notice of payment to Party A. Party A shall not pay according to the request after receiving the notice from Party B. Party B may stop the construction 7 days after the notice is given. Party A Bear the responsibility for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment. The agreement shall clearly stipulate the date of payment, and Party A shall pay Party B the interest payable on the project payable from the 8th day after the signing of the measurement result.
Sixth, material supply
Article 24 Material samples or samples. Material samples or samples should be provided in advance, regardless of the supply of either Party A or B. Sealed by both parties after acceptance, as the physical standard for material supply and completion acceptance. The type of material specified by Party A or the design unit, and the sampler shall provide samples or samples of the specified style, hue and specifications.
Article 25 Party A provides materials. Party A shall provide Party B with materials and product qualification certificates in accordance with the types, specifications, quantities, unit prices, quality grades, and lists of time and place of materials agreed upon in the terms of the agreement. Party A's representative shall send the notice to Party B 24 hours before the acceptance of the materials provided, and Party B shall send the person to check with Party A. Regardless of whether Party B sends people to participate in the acceptance, Party B shall keep it in good condition after acceptance, and Party A shall pay the corresponding storage fee. If damage or loss occurs, Party B shall be responsible for compensation. 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 damage or loss.
The materials supplied by Party A do not match the list or sample, and are handled separately as follows:
1. The unit price of the material does not match the list, and Party A bears all the difference;
2. If the type, specification, model and quality grade of the material do not match the list or sample, Party B may refuse to accept the storage and shall be shipped out of the construction site by Party A and re-purchased;
3. The place of arrival does not match the list, and Party A is responsible for the shipment to the agreed place;
4. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When there is more than the list quantity, Party A is responsible for transporting the excess part out of the construction site;
5. The supply time is earlier than the agreed time of the list, and Party A shall bear the custody expenses incurred as a result.
The additional contract price caused by the above reasons or later than the time specified in the list shall be borne by Party A. Delays occur, the construction period is postponed accordingly, and Party A compensates Party B for the losses caused.
After Party B's inspection is difficult, it still finds that it does not conform to the specifications and quality grades of the list and samples. Party A shall also bear the additional contract price for re-purchasing and rework, and correspondingly extend the construction period.
Article 26 Party B supplies materials. Party B shall, in accordance with the terms of the agreement, procure the materials required for the project in accordance with the requirements of the design, specifications and samples, and provide proof of product qualification. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that are inconsistent with the design, specification and sample requirements, Party A's representative shall prohibit the use of Party A. The Party shall, in accordance with the time required by Party A's representative, appear in the field to re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. . Party A failed to meet and accept the goods on time. Later, it was found that the materials did not meet the specifications, design and sample requirements. Party B should still dismantle, repair and repurchase, and bear the expenses incurred. The delay in the construction period will be delayed accordingly.
Article 27 Material testing. For materials that must be tested before use, regardless of the supply of either Party A or Party B, Party B shall conduct tests for fire retardant and toxic reactions according to the terms of the agreement. If the test conditions are not met, the professional organization may be entrusted to conduct the test, and the expenses shall be borne by Party A. If the test result is unqualified, the purchase shall be stopped. If it has been purchased and shipped to the site, it shall be immediately presented by the purchaser. The purchase cost of all materials shall be borne by the purchaser. If the materials specified by Party A or the design unit are unqualified, Party A shall bear the purchase cost of all materials.
Seven, design changes
Article 28 Party A changes the design. Party A shall notify Party B 7 days prior to the construction of the project. If Party B has already completed the construction of the project, Party A shall notify Party B in time to change the design, and Party B shall stop the construction immediately upon receiving the notice.
Due to the design change, the backlog of Party B's materials shall be handled by Party A and shall bear all processing costs.
Due to the design change, the total additional contract price and corresponding losses required for Party B's rework shall be borne by Party A, and the construction period shall be extended accordingly.
Article 29 Party B changes the design. Party B's proposal for rationalization involves the change of design and the replacement of the original materials, which must be approved by Party A and relevant departments. The amount of savings proposed by the rationalization will be shared by both parties.
Article 30 The impact of design changes on the project. All design changes, both parties should apply for a change of visa. After the design change occurs, Party B shall, according to the requirements of Party A's representative, make the following changes to the project:
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.
Article 31 Determine the price and duration of the contract.
After the design change occurs, Party B shall propose the change price according to the following methods during the negotiation period between the two parties, and adjust the contract price after the approval of the representative of Party A:
1. There is already a price applicable to the change project in the contract, and the contract price is changed according to the existing price of the contract;
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 applicable and similar price in the contract, and Party B proposes the appropriate price change and sends it to the representative of Party A for approval.
The design change affects the construction period, and Party B proposes to change the construction period and send the representative of Party A to approve the completion date.
Party A's representative disagreed with Party B's proposed price change and construction period. Within 7 days after Party B's proposal, Party B shall notify Party B to request the project cost management department or the relevant construction period management department to rule that there is any objection to the ruling and shall be resolved in accordance with the method stipulated in Article 35.
8. Completion and settlement
Article 32 Completion acceptance. The project has the conditions for completion and acceptance, and Party B shall provide complete completion information and completion acceptance report to Party A in accordance with the relevant provisions of the national project completion acceptance. 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, the representative of Party A shall organize the relevant departments to accept the acceptance within the time limit stipulated in the terms of the agreement, and give approval or propose amendments within 7 days after the acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative shall not organize the acceptance within 7 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 7 days after acceptance, and cannot make amendments. If the completion acceptance report has been approved, it can be processed. 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 acceptance according to the date agreed upon in the terms of the agreement, and shall bear the custody fee from the day after the last day of the agreed time limit.
For special reasons, when some projects or parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 33 Completion settlement. After the completion report is approved, Party B shall submit a settlement report to the representative of Party A according to the relevant provisions of the State or the time and manner agreed in the terms of the agreement, and complete the settlement and settlement. After receiving the settlement report, Party A's representative shall give approval or propose amendments within 7 days, and send the appropriation notice to the bank for payment of the project payment within the time specified in the terms of the agreement, and send a copy to Party B. Party B will deliver the completed project to Party A within 14 days after receiving the project payment.
Party A shall not settle the settlement within 14 days after receiving the completion report without proper reasons. From the 15th day, the interest of the construction fund shall be paid according to the highest interest rate of the construction enterprise to the bank during the same period, and the liability for breach of contract shall be assumed.
Article 34. Warranty. Party B shall carry out the warranty and pay the warranty according to the warranty items, contents, scope, duration, warranty amount and payment method stipulated in the relevant provisions of the State and the terms of the agreement.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For projects that are subject to individual acceptance, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send someone to repair within 7 days after receiving the repair notice. Otherwise, Party A may entrust other units or personnel to repair it. 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 expenses for repairs due to reasons other than Party B.
If the contracted price is set at the agreed rate, Party A shall settle the warranty within 14 days after the expiration of the warranty period, and return the remaining warranty and the interest calculated according to the agreed terms of the agreement. Party B.
IX. Disputes, breach of contract and claims
Article 35. Disputes. Disputes arising during the execution of this contract shall be settled by both parties through negotiation or by the relevant department. If the parties are unwilling to negotiate, mediate settlement, or negotiate or mediate, the parties shall stipulate in the terms of the agreement that the arbitration committee shall arbitrate. If the parties have not agreed to an arbitration institution and have not reached a written arbitration agreement afterwards, they may file a suit in a people's court.
After a 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 has indeed been unable to perform;
2. The two parties agreed to stop construction;
3. The mediation requested that the construction be stopped and accepted by both parties;
4. The Arbitration Commission requested that construction be stopped;
5. The court requested that construction be stopped.
Article 36. Party A's representative can't give necessary instructions, confirmation, approval in time, fail to pay according to the contract or perform other obligations, and other acts that make the contract impossible to perform, should bear the liability for breach of contract, correspondingly extend the construction period, and pay according to the terms of the agreement. Liquidated damages, compensation for losses caused by breach of contract to Party B.
Party B shall not be completed according to the contract period, the construction quality will not meet the requirements of design and specification, or other behaviors that cannot be performed by the use contract. Party B shall bear the liability for breach of contract, and Party A shall be required to pay liquidated damages according to the terms of the agreement, and compensation shall be paid for breach of contract. The losses caused by Party A.
Unless the parties agree to terminate the contract or fail to perform the contract 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 the other party wants to suspend or terminate the entire contract, the other party shall notify the defaulting party in writing. The defaulting party must reply within 7 days from the date of receipt of the notice, and the reply shall not be agreed for more than 7 days. Suspension or termination of the contract, the defaulting party shall be liable for breach of contract.
Article 37. Claims. Party A fails to provide conditions, pay various fees, extend the construction period, and compensate for losses according to the terms of the agreement. Party B may claim against Party A according to the following provisions:
1. Have a legitimate claim and have relevant evidence at the time of the claim;
2. Within 14 days after the claim event, the Party A’s representative is requested to claim the claim;
3. Submit all and detailed claim information and amount to Party A's representative within 14 days after the intent to issue the claim;
4.甲方在接到索賠資產後７天內給予批准，或要求乙方進一步補充索賠理由和證據，甲方在７天內未作答覆，視為該索賠已經批准；
5.雙方協定實行一攬子索賠，索賠意向不得遲於工程竣工日期前１４天提出。
十、其它
第三十八條安全施工。乙方要按有關規定，採取嚴格的安全防護和防火措施，並承擔由於自身原因造成的財產損失和傷亡事故的責任和因此發生的費用。非乙方責任造成的財產損失和傷亡事故，由責任方承擔責任和有關費用。
發生重大傷亡事故，乙方應按規定立即上報有關部門並通知甲方代表。同時按政府有關部門的要求處理。甲方要為搶救提供必要條件。發生的費用由事故責任方承擔。
乙方在動力設備、高電壓線路、地下管道、密封防震車間、易燃易爆地段以及臨時交通要道附近施工前，應向甲方代表提出安全保護措施，經甲方代表批准後實施。由甲方承擔防護措施費用。
在不騰空和繼續使用的建築物內施工時，乙方應制定周密的安全保護和防火措施，確保建築物內的財產和人員的安全，並報甲方代表批准。安全保護措施費用，由甲方承擔。
在有毒有害環境中施工，甲方應按有關規定提供相應的防護措施，並承擔有關費用。
第三十九條專利技術和特殊工藝的使用。甲方要求採用專利技術和特殊工藝，須負責辦理相應的申報、審批手續，承擔申報、實驗等費用。乙方按甲方要求使用，並負責實驗等有關工作。乙方提出使用專利技術和特殊工藝，報甲方代表批准後按以上約定辦理。
以上發生的費用和獲得的收益，雙方按協定條款約定分攤或分享。
第四十條不可抗力。不可抗力發生後，乙方應迅速採取措施，儘量減少損失，並在２４小時內向甲方代表通報災害情況，按協定條款約定的時間向甲方報告情況和清理、修復的費用。災害繼續發生，乙方應每隔７天內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。
因不可抗力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.所需清理和修復工作的責任與費用的承擔，雙方另簽補充協定約定。
第四十一條保險。在施工場地內，甲乙雙方認為有保險的必要時，甲方按協定條款的約定，辦理建築物和施工場地內甲方人員及第三方人員生命財產保險，並支付一切費用。
乙方辦理施工場地內自己人員生命財產和機械設備的保險，並支付一切費用。
當乙方為分包或在不騰空的建築物內施工時，乙方辦理自己的各類保險。
投保後發生事故，乙方應在１４天內向甲方提供建築工程損失情況和估價的報告，如損害繼續發生，乙方在１４天后每７天報告一次，直到損害結束。
第四十二條工程停建或緩建。由於不可抗力及其它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，支付以上的費用，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經定貨的材料、設備由定貨方負責退貨，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。
第四十三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。
第四十四條契約份數。契約正本兩份，具有同等法律效力，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。
第二部分協定條款
Party A:
Party B:
按照《中華人民共和國經濟契約法》和《建築安裝工程承包契約條例》的原則，結合本工程具體情況，雙方達成如下協定。
The first project overview
１．１ 工程名稱：
工程地點：
Contracting scope:
承包方式：
１．２ 開工日期：
竣工日期：
總日曆工期天數：
１．３ 質量等級：
１．４ 契約價款：
第二條契約檔案及解釋順序
第三條契約檔案使用的語言和適用標準及法律
３．１ 契約語言：
３．２ 適用標準、規範：
３．３ 適用法律、法規：
第四條圖紙
４．１ 圖紙提供日期：
４．２ 圖紙提供套數：
４．３ 圖紙特殊保密要求和費用：
第五條甲方代表
５．１ 甲方代表姓名和職稱：
５．２ 甲方賦予甲方代表的職權：
５．３ 甲方代表委派人員的名單及責任範圍：
第六條監理單位及總監理工程師
６．１ 監理單位名稱：
６．２ 總監理工程師姓名、職稱：
６．３ 總監理工程師職責：
第七條乙方駐工地代表
第八條甲方工作
８．１ 提供具備開工條件施工場地的時間和要求：
８．２ 水、電、電訊等施工管線進入施工場地的時間、地點和供應要求：
８．３ 需要與有關部門聯繫和協調工作的內容及完成時間：
８．４ 需要協調各施工單位之間關係的工作內容和完成時間：
８．５ 辦理證件、批件的名稱和完成時間：
８．６ 會審圖紙和設計交底的時間：
８．７ 向乙方提供的設施內容：
第九條乙方工作
９．１ 施工圖和配套設計名稱、完成時間及要求：
９．２ 提供計畫、報表的名稱、時間和份數：
９．３ 施工場地防護工作的要求：
９．４ 施工現場交通和噪音控制的要求：
９．５ 符合施工場地規定的要求：
９．６ 保護建築物結構及相應管線和設備的措施：
９．７ 建築成品保護的措施：
第十條進度計畫
１０．１ 乙方提供施工組織設計和進度計畫的時間：
１０．２ 甲方代表批准進度計畫的時間：
第十一條延期開工
第十二條暫停施工
第十三條工期延誤
第十四條工期提前
第十五條工程樣板
１５．１ 對工程樣板間的要求：
第十六條檢查和返工
第十七條工程質量等級
１７．１ 工程質量等級要求的追加契約價款：
１７．２ 質量評定部門名稱：
第十八條隱蔽工程和中間驗收
１８．１ 中間驗收部位和時間：
第十九條驗收和重新檢驗
第二十條契約價款及調整
２０．１ 契約價款形式：
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