Construction project construction contract (electricity 1)
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Power construction project construction contract
project name
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Construction contract conditions for electric power construction projects
Chapter 1 Word Meaning and Contract File
First word meaning
The text of the "Construction Contract for Electric Power Construction Project" shall be composed of the "Construction Contract Conditions for Electric Power Construction Projects" and the "Construction Contract Agreement Clauses for Electric Power Construction Projects". The terms used in the Terms shall be the same as those specified in the Articles of Agreement. Meaning of:
1. Employer: The party that has the qualification of the project contractor and the ability to pay the project price as stipulated in the “Articles of Agreement”.
2. Party A's representative at the construction site: Party A's representative in the Terms of the Agreement.
3. Contractor: The party that has the qualifications of the project contractor as stipulated in the “Articles of Agreement” and is accepted by the contractor.
4. Party B's representative at the construction site: Party B's representative in the Terms of the Agreement.
V. Social supervision: The supervision of the project by the project supervision unit or personnel entrusted by Party A and qualified by the “Measures for the Administration of Qualifications of Power Engineering Construction Supervision Units”.
6. Supervisor engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level as stipulated in the Measures for the Administration of Qualifications of Power Engineering Survey and Design Units.
8. Project cost management department: The relevant departments of the State Council, the construction administrative departments at all levels or the construction project cost management agencies authorized by the above departments.
IX. Engineering Quality Supervision Department: Ministry of Power Industry, Electric Power Administration, Provincial Electric Power Bureau or its quality supervision organization for electric power construction projects set up according to the Interim Provisions on Quality Supervision of Electric Power Construction Projects.
X. Project: The permanent project of electric power construction with specific contents as stipulated in the "Articles of Agreement".
XI. Contract price: The current fixed amount, material budget price and corresponding fee-taking standard shall be used as the guiding price, which shall be determined through bidding or bidding or negotiation between Party A and Party B to pay the total amount of the construction price of Party B's performance.
XII. Economic Expenditure: The contract price that is issued during construction and paid by Party A to increase the budget.
paragraph.
XIII. Cost: The expenses directly paid by Party A in addition to the contract price or the expenses that Party B shall bear.
14. Construction period: The contractual period agreed by Party A in accordance with the provisions of the power construction project project schedule and other provisions, in the terms of the agreement.
XV. Date of commencement: The date of commencement of the project as stipulated in the Articles of Agreement.
XVI. Completion Date: The date of completion of the project as stipulated in the Terms of the Agreement.
XVII. Drawings: All drawings submitted by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site to be constructed as determined by Party A, “Construction Organization Design” or “Construction Plan”.
19. Written form: Various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters and confirmed telegrams, telexes, etc., handwritten, typed, photocopied, and printed according to the contract.
20. Force Majeure: Explosions, fires caused by war, turmoil, falling objects in the air or other non-Participation Party B, and wind, rain, snow, earthquakes, etc., which are stipulated in the Articles of Agreement, cause damage to the project and performance. natural disaster.
21. Compensation: The responsible party shall make up for the expenses of direct and indirect losses of the other party, including work stoppage, work, rework, transfer of personnel and machinery and equipment, backlog of materials and components, labor costs for reversal, machinery fees, management Actual expenses such as fees, and the loss of available benefits such as interest accrued from the date on which these fees are payable.
Twenty-two, quality defects: the project does not meet the current technical standards, design files and contract quality requirements of the state or industry.
Twenty-three, the terms of the agreement: in conjunction with the specific project, a written agreement signed by the two parties after the negotiation.
Article 2 Contract File and Order of Interpretation
First, 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. Articles of Agreement;
2. Contract Conditions;
3. Negotiating, changing, etc., clearing the minutes and agreements of the parties' contractual rights and obligations;
4. The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
5. a bill of quantities or an engineering budget and drawings that determine the cost of the project;
6. Standards, specifications and other relevant technical materials and technical requirements;
7. Other files that form part of the contract.
2. When the contract files are ambiguous or inconsistent, they shall be resolved by negotiation between the two parties without affecting the progress of the project; if the opinions of the two parties are still not consistent, the solution shall be settled in accordance with the provisions of Article 30.
Article 3 Languages, Standards and Applicable Laws Used in Contract Files
1. The contract file is written in Chinese national language. Both parties can agree to use the minority language translation according to the needs. The interpretation and explanation of the contract file use Chinese Mandarin.
2. The law applicable to contract files is the national laws and regulations, as well as other industry regulations and agreed local laws and regulations of the Ministry of Power Industry.
Third, the construction should use national standards, norms and power industry standards and norms. When there is no corresponding standard or standard in the national or power industry, the standards and norms of other industries or places where the project is located may be agreed upon. Party A shall provide Party B with the agreed standards and specifications according to the time and number of copies as stipulated in the Articles of Agreement.
4. 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 “Articles of Agreement”, and shall be implemented after the approval of Party A's representative; Party A shall require the use of foreign standards and norms and shall report to the competent department of the power industry. Approve and be responsible for providing Chinese translations as agreed.
5. The costs of purchasing, translating and formulating standards, specifications and proposing construction techniques shall be borne by Party A.
Fourth drawing
1. Party A shall provide Party B with complete construction drawings before the date of commencement of construction according to the date and number of shares agreed upon in the Agreement Terms, and ensure that the drawings are accurate and have a design depth that meets the construction requirements. Party B shall do so in accordance with the provisions of the Agreement. Drawings are kept confidential.
2. Party A shall not provide a full set of drawings in accordance with the provisions of Article 4, paragraph 1, and include the name and duration of the drawings that cannot be provided in this clause, and ensure that the requirements for implementing the “construction comprehensive progress plan” are met.
3. If Party A has special confidentiality requirements for drawings, Party B shall take corresponding measures to keep confidential, and Party A shall bear the expenses.
use.
4. Party B requests to increase the number of drawings, and Party A shall copy and deliver it according to the time stipulated in the Articles of Agreement, and Party B shall bear the expenses.
5. If Party B fails to receive the drawings provided by Party A, Party B shall notify Party A of the contents, reasons, time and delay of the required drawings or instructions within 5 days. The representative of Party A shall not reply within 2 days after Party B submits the notice, and shall deal with it according to the second paragraph of Article 7.
6. Party B finds that the drawings provided by Party A are incomplete, inaccurate or the design depth cannot meet the construction requirements. Party A shall be promptly notified to deal with it as appropriate in accordance with Article 4, paragraph 5, or Article 25, paragraph 1. Party B shall not be found in the above-mentioned defects of the drawings provided by Party A. Party A shall still bear the responsibility according to the provisions of Article 7, paragraph 2 or Article 25, paragraph 4, and pay for the repair, dismantling, alteration, reconstruction, etc. cost.
Chapter II General Responsibilities
Article 5 Representative of Party A
1. Party A appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
1. A representative of Party A may appoint a specific manager to assume some of his rights and responsibilities and may withdraw such appointment at any time. Both the appointment and the withdrawal shall be notified to Party B 3 days in advance.
2. The instructions, notices, opinions, approvals, and replies of Party A's representatives 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 on the receipt and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 24 hours. Party B’s instructions to Party A’s representative shall be executed. Party A's representative cannot give written confirmation in time. Party B shall submit a written confirmation request within 48 hours after Party A's representative issues the export order. Party A's representative will not reply within 2 days after Party B submits the confirmation request, which is deemed to confirm Party B's request. . Party B believes that the instructions of Party A are unreasonable and should submit a written notice within 24 hours after receiving the order. Party A's decision to modify the order or continue to execute the original order within 24 hours after Party B's application is notified to Party B in writing. In case of emergency, Party A shall request Party B to execute the instructions immediately or Party B has an anti-information, but Party A’s decision to continue the execution shall be implemented by Party B. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A shall provide Party B with the required instructions, requirements, consents, notices, approvals, etc. in a timely manner in accordance with the contract, and perform other obligations as agreed upon, otherwise Party B shall specify the specific requirements and reasons required within 24 hours after the agreed time. The result of the delay shall be notified to the representative of Party A. If Party A’s representative has not responded within 48 hours after Party B’s notice, it shall be deemed as confirmation, consent and approval. Party A shall bear the expenses incurred thereby, and delay the delay of the construction period. Compensation for the losses caused by Party B.
2. In the course of implementing social supervision, Party A shall notify Party B of the scope of exercising the rights and fulfilling obligations of the chief management engineer. The chief management engineer performs the duties within the scope of the commissioned authority as agreed.
3. Party A's representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance. The latter will continue to assume the responsibility of the predecessor.
Article 6 Representative of Party B
1. Party B appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
1. Party B's requirements, applications and notices shall be signed by the representative of Party B in writing and sent to Party A's representative. The representative of Party A shall take effect after signing the name on the receipt and the time of receipt.
2. The representative of Party B shall organize the construction according to the “construction organization design” agreed by the representative of Party A, issue instructions and requirements according to the contract, and may take emergency measures to ensure the safety of the project and personnel life and property in case of emergency and unable to contact with the representative of Party A. And submit a report to the representative of Party A within 24 hours after taking the measure. Responsibility is in Party A, and Party A shall bear the expenses incurred thereby, and correspondingly extend the construction period; the responsibility shall be in Party B, and Party B shall bear the expenses.
2. Party B shall represent Party A and shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A's work
1. Party A shall complete the following work in accordance with the time and requirements as stipulated in the “Construction Site Construction Management Regulations” and “Agreement Terms”:
1. Handling land acquisition, renting, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that construction sites have construction conditions, and continue to be responsible for resolving the remaining issues after the start of construction.
2. The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place in the “Contract Terms” and the needs during the construction period shall be guaranteed.
3. The construction site and the urban and rural public roads shall be opened, and the main traffic trunks in the construction site as stipulated in the Agreements shall be maintained and maintained to meet the needs of construction and transportation to ensure smooth flow during the construction period.
4. Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the authenticity and accuracy of the information.
5. Handling all kinds of documents, approval documents and temporary land use for construction, approval of roads and transportation, and approval of railway special lines, and conclude agreements with relevant parties on the need to cross railways, highways, and communication lines.
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection.
7. Party B and the design unit shall conduct the drawing review and submit the design to B, and shall verify the budget of the construction drawing in a timely manner.
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
9. According to the time determined by the contract and the “construction comprehensive progress plan”, the construction site shall be provided to Party B of the contracted installation project to ensure that the site and the buildings, structures, structures and foundations meet the requirements for installation and construction.
10. Coordinate the construction operations of each construction enterprise on the construction site to deal with relevant issues in a timely manner.
2. If Party A fails to perform the above obligations in accordance with the contract, it shall bear the expenses incurred thereby, and compensate Party B for the losses caused thereby, delaying the construction period and delaying accordingly.
3. Party A entrusts Party B to complete one of the above tasks, and shall bear the economic expenses incurred and pay the corresponding expenses of Party B.
Article 8 Party B's work
1. Party B shall complete the following work in accordance with the scope, time and requirements stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
1. Within the scope permitted by the design qualification certificate, the detailed design of the construction drawing design, construction design or construction required by the representative of Party A shall be completed and approved by the representative of Party A.
2. According to the agreement, the representative of Party A will provide the annual, seasonal and monthly project progress plan and project payment plan and related statistical reports.
3. Set the lighting, fences and guards used for construction according to the needs of the project, and repair the safety and protective facilities. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility.
4. According to the quantity and requirements stipulated in the "Articles of Agreement", the representatives of Party A shall be provided with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
5. Take effective measures to implement local government and relevant departments on the construction site traffic and environmental protection management regulations. Due to technical and economic constraints, if the pollution of the environment cannot be controlled within the prescribed scope, Party A shall, in conjunction with Party B, report to the relevant local government for approval. The above fees shall be borne by Party A, except for the fines caused by Party B’s liability.
6. Before the completed project is delivered to Party A, Party B may be entrusted by Party A for custody. Party B shall be responsible for the protection work in accordance with the terms of the Agreement, and the damage shall be damaged if it is not properly protected. Party B shall repair it at its own expense. The location of the unit project and the corresponding economic expenditure required to be protected by special measures shall be agreed in the Terms of the Agreement. Party A shall be liable for any damage or other problems that occur after Party A uses it in advance or after unauthorized use.
7. According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
8. Protect the construction site from cleaning. Before the handover, the site shall meet the requirements for the contract file, and shall bear the losses and fines caused by the violation of relevant regulations, except for the provisions issued after the contract is signed and the losses and fines caused by non-Party B reasons.
2. Party B has not fulfilled the above obligations as agreed in the contract. To bear the expenses incurred thereby, and compensate Party A for the economic losses suffered by Party A.
Chapter III Construction Organization Design and Construction Period
Article 9 Progress Plan
1. Party A shall provide Party B with preliminary design files, construction drawings, construction organization design outline and “supply materials, equipment plans” and “providing civil engineering projects” within 3 days after the conclusion of the contract. Party B shall build the electricity according to the power. The relevant provisions of the engineering construction technology management and the provisions of the "Agreed Terms" shall be formulated as "construction organization design" and "construction comprehensive progress plan", and shall be submitted to Party A representatives before the commencement of construction. Party A fails to provide the information it should provide in accordance with the provisions of Article 7, paragraph 2. Party B did not submit the “construction organization design” and “construction comprehensive progress plan” as scheduled, and dealt with it according to the second paragraph of Article 8.
2. The consent of Party A's representatives to Party B's “construction organization design” and “construction comprehensive progress plan” shall be answered within the time limit stipulated in the “Articles of Agreement”. If it is overdue, it may be deemed as agreed. The “construction organization design” and “construction comprehensive progress plan” agreed by Party A are contract files and should be followed together.
3. Party B shall organize the construction according to the “construction organization design” and “construction comprehensive progress plan” agreed by Party A, and accept the inspection and supervision of the representative of Party A. When the actual progress of the project is inconsistent with it, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and submit it to the representative of Party A for approval. For major construction technical measures, Party B shall report to Party A for review and approval, and Party A shall bear the special construction technical measures.
Article 10 Delayed construction
1. Party B shall commence construction in accordance with the terms of the Agreement and the commencement date and commencement conditions determined by the “Construction Comprehensive Progress Plan”. If it cannot be started as scheduled, it shall be submitted to the representative of Party A 5 days before the agreed date of commencement. Reasons and requirements for delaying the commencement of work. The representative of Party A shall reply within 3 days after Party B requests to postpone the commencement of work. If it fails to reply within the time limit, it shall be deemed to have agreed to Party B's request for extension of construction.
2. Party B's postponement of construction failed to obtain the consent of Party A's representative in accordance with the provisions of Article 10, paragraph 1, and the completion date will not be compliant.
Delay.
3. Party B shall, due to Party A's request for extension of work, obtain the consent of Party A's representative, or Party A shall obtain Party B's consent to delay the commencement date, and Party A shall bear the expenses and losses of Party B, and shall accordingly extend the construction period.
Article 11 Suspension of construction
1. The representative of Party A may request Party B to suspend the construction when it is necessary, and shall submit a handling opinion within 24 hours after the request for suspension. Party B shall stop the construction according to the suspension request of Party A's representative, properly protect the completed project, and submit the request for resumption of work to the representative of Party A, and continue construction after approval.
2. The representative of Party A fails to submit a handling opinion within the agreed time, or fails to reply within 24 hours after Party B requests the return to work, and Party B may return to work on its own. If Party B's construction cannot be carried out, it shall be handled in accordance with the second paragraph of Article 7.
3. Suspension of construction For reasons other than Party B, Party A shall bear the economic expenses and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, and Party B shall bear the expenses incurred.
Article 12 Delay in construction period
1. Delays in the completion of the completion date due to the following conditions shall be confirmed by the representative of Party A, and the construction period shall be postponed accordingly.
1. Engineering quantity change or design change;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. The agreement agreed in the contract or the consent of Party A agrees to give other circumstances to the extension of the construction period.
2. Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the expenses incurred, and the representative of Party A shall approve or propose the amendment within 3 days after the report is submitted by Party B, and shall not reply within the time limit. It is considered as a representative of Party A to approve this report.
Article 13
First, the construction needs to be completed in advance, and the two parties will sign an “early completion agreement” after the agreement, and the date of completion of the contract is advanced. The “early completion agreement” should include 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. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
2. Party B shall revise the construction progress plan according to the “early completion agreement” and submit it to the representative of Party A for approval. The representative of Party A shall give a reply within 5 days after Party B submits the construction progress revision plan, and if it is not approved within the time limit, it shall be deemed as approved.
Chapter IV Quality and Acceptance
Article 14 Inspection and rework
1. Party B shall, according to the corresponding technical specifications for electric power construction and acceptance, the standards adopted by the contract, the design requirements, and the instructions of Party A to issue instructions according to the contract, and accept the inspection and inspection of Party A and its delegates at any time to facilitate inspection and inspection. Conditions, and rework and modification according to the requirements of Party A and its delegates, and bear the costs of rework and modification caused by their own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons for rework and modification, and the construction period shall be postponed accordingly.
2. After passing the above inspections, it is also found that Party B is responsible for the quality problems caused by Party B.
3. The above inspections and inspections shall be carried out in accordance with the provisions on construction quality inspection and assessment standards for electric power construction projects, and shall be carried out without prejudice to normal construction. If the normal construction is affected, unless the quality of the inspection is unqualified, the expenses incurred shall be The party undertakes and accordingly delays the construction period.
Article 15 Quality Rating
1. The quality of the project shall meet the qualified conditions stipulated in the agreed construction quality inspection and assessment standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
2. If the project does not meet the agreed quality conditions, Party A's representative may request Party B to rework as soon as it is discovered. Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework, and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract.
Third, due to the design or materials, components, accessories, equipment and other non-Party B reasons, the project does not meet the agreed quality conditions, Party B will be responsible for rework, the economic expenses of the revision will be borne by Party A, and the construction period will be postponed accordingly. If Party B is unable to modify it, it shall not be assessed by the representative of Party A.
4. Both parties have disputes over the quality of the project and may deal with it in accordance with Article 30.
Article 16 Concealed works and intermediate acceptance
1. The project or part that needs intermediate acceptance shall stipulate its name, acceptance time, requirements and the convenience conditions that Party A shall provide in the Terms of the Agreement.
2. The project has the coverage, cover-up conditions or the agreed intermediate acceptance site. After the self-inspection, Party B shall notify Party A's acceptance 48 hours before the concealment or intermediate acceptance, and prepare the acceptance record. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. 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.
Third, the quality of the project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.
Article 17 Divisional trial operation
1. The project has the conditions for trial operation of the branch, and the trial operation shall be carried out according to the provisions of the start-up and completion acceptance procedures of the electric power construction project. Except for the agreement made by the equipment manufacturing and the self-commissioning of the supplier, the branch trial operation shall be undertaken by Party B, and the division trial operation plan and measures shall be prepared and submitted to the representative of Party A for approval. Party A's representative shall approve or propose amendments within 7 days after Party B submits the plan. If it is not approved within the time limit, it shall be deemed as approved by Party A's representative.
2. Party B shall notify Party A to participate in the 48 hours before the trial operation of the branch. Party A's representative may not participate in the trial operation of the division on time and may entrust another person's plenipotentiary in writing. The circumstances not subject to Article 37 shall not be postponed.
3. The adjustment test record of the trial operation of the branch shall be made by Party B and the commissioning unit, and the representative of Party A shall sign the record as the basis for quality acceptance and complete set-up.
4. Due to Party B's reasons, the trial shipment will not meet the acceptance requirements. Party A's representative will propose amendments within 24 hours after the trial operation, and Party B will re-test the shipment according to its opinions.
5. The representative of Party A did not participate in the trial operation of the division and did not entrust another person to act, or participated in the trial operation and did not propose to amend the modification within the agreed time. The trial shipment was not signed and accepted. The trial operation record will take effect 24 hours after the end of the trial operation. Party shall admit that Party B may continue construction and may proceed with relevant procedures.
6. Equipment and systems that have passed the trial operation of the branch shall be handed over to Party A for custody and operation and maintenance as the production or trial operation needs to continue to operate.
7. The trial freight charges of the divisions shall be borne by Party A in addition to those already included in the contract price or otherwise stipulated in the Agreement.
8. Due to non-Party B, such as design, equipment manufacturing, improper operation, etc., the trial operation fails to meet the acceptance requirements, and Party B or Party B cooperates with the responsible party to dismantle, repair, reinstall, the expenses incurred and the repurchase of materials and equipment costs and The freight rate, etc., will be settled by the responsible party after payment by Party A, and the delay of the construction period will be postponed accordingly.
Article 18 Acceptance and re-inspection
1. The acceptance conditions for individual projects, unit projects, sub-projects, and sub-projects shall be subject to inspection and acceptance as scheduled. Party B shall submit a “Notice of Acceptance” 48 hours before the acceptance, and notify Party A to participate in the acceptance. The notice includes the content, time and place of the acceptance, and the self-inspection record of Party B is attached.
2. The representative of Party A cannot attend the acceptance on time and may entrust another person to act in writing, or submit an extension request to Party B 24 hours before the acceptance, and the extension shall not exceed two days. Otherwise, Party B may organize its own acceptance, and Party A shall acknowledge that its acceptance record is valid.
3. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project, Party B shall disclose it as required and re-cover or repair it after the inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection fails, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter V Contract Price and Payment
Article 19: Contract price and adjustment
1. Both Party A and Party B exchange performance guarantee letters issued by their respective bank accounts when signing the "Agreement Terms" to ensure that the payment is performed according to law and will be refunded after the expiration of the warranty period.
2. The contract price shall be stipulated in the "Articles of Agreement", and the payment shall be settled according to the "Measures for Settlement of Construction Project Price" and "Specific Provisions on Completion and Settlement of Capital Construction Projects". No party may change without authorization, and one of the following circumstances may occur. Make adjustments.
1. The amount of work confirmed by the representative of Party A is increased or approved by the representative of Party A and approved by Party B.
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. Other additions, subtractions or adjustments to the contractual agreement.
3. The scope of the contract price or adjustment shall be stipulated in the Terms of the Agreement.
4. Party B shall, within 10 days after the occurrence of the provisions of the second paragraph of Article 19, adjust the amount of the adjustment of the price according to the first paragraph of Article 26 or according to the price of the project cost management department, and the reasons for the adjustment The amount is notified to the representative of Party A in writing. Party A's representative shall, within 5 days after Party B submits the notice, approve and notify the handling bank and Party B, or propose amendments and reasons. If the reply is not overdue, it shall be deemed as approval by Party A and shall be settled according to the payment.
Article 20 Prepayment of construction funds
1. Party A shall prepay the construction project to Party B according to the time and amount stipulated in the “Articles of Agreement”, and deduct the project at the agreed time and proportion.
2. Party A fails to pay in accordance with the first paragraph of Article 20, and Party B submits a “Notice of Request for Payment” to Party A's representative 7 days after the agreed date of payment. Party A shall not pay according to the requirements after Party B submits the notice. Party B may The construction shall be temporarily suspended after the notification is submitted, and shall be handled in accordance with the provisions of the second paragraph of Article 7, and Party A shall pay the late payment due from the date of payment.
Article 21 Verification of the quantity of work
1. Party B shall submit the “Completed Project Volume Report” to the representative of Party A for confirmation according to the time stipulated in the “Articles of Agreement”. Party A's representative shall verify and verify the completed quantity according to the design drawings within 3 days after Party B submits the report. If it is not measured within the time limit, it shall be deemed that Party A's representative has confirmed the amount of work listed in Party B's report and also paid as construction cost. Basis.
2. Party A shall notify Party B to send personnel to participate 24 hours before the measurement, and Party B shall provide convenient conditions for measurement. Party A did not issue a notice as agreed to prevent Party B from participating in the measurement, and Party A’s self-measurement was invalid. Party B has not participated in the measurement without justified reasons. The results of Party A's self-measurement are valid, which is the basis for payment of the project price.
3. The representative of Party A shall not measure the amount of work that Party B has exceeded the requirements of the drawings and the amount of work that is reworked due to its own reasons.
Article 22 Payment of construction funds
1. Party B shall, in accordance with the time and method agreed upon in the Articles of Agreement and the amount of work confirmed by the representative of Party A, calculate the price of the completed project based on the unit and the fee collection standard of the corresponding project constituting the contract price, and prepare the “project payment settlement bill”. "Submitted to the representative of Party A. The representative of Party A shall issue a visa within 5 days after Party B submits the “Project Settlement Bill” and notify the handling bank to pay.
2. If Party A's settlement bill is overdue for Party B's settlement, or Party B fails to pay due to Party A's reasons, Party B may issue a Notice of Request for Payment to Party A's representative. Party A has not issued Party 5 days after the notice is given. If the payment is made according to the requirements, Party B may suspend the construction and deal with it according to the provisions of Article 7. Party A shall repay the interest on the construction fund, and the interest shall be calculated at the agreed interest rate from the 11th day of the measurement signature.
Chapter VI Supply of Materials and Equipment
Article 23 Party A supplies materials and equipment
1. Party A shall supply materials and equipment to Party B in accordance with the terms of the Agreement, and the types, specifications, models, quantities, units, quality grades, and time and place of materials and equipment supplied shall be in accordance with the list, and materials shall be provided to Party B. , the quality certificate of the equipment.
2. The representative of Party A shall notify Party B to accept and receive the materials at the agreed time before providing the materials and equipment. If the damage is lost after the experience is received or received, Party B shall repair and compensate.
3. The materials and equipment supplied by Party A are inconsistent with the provisions of the Agreement, the contract file provisions or the list, and are handled separately as follows:
1. The unit price of materials and equipment does not match, and Party A bears all the price differences.
2. If the materials, equipment types, specifications and quality grades do not match, Party B may refuse to accept and store them, and Party A shall ship them out of the construction site and re-purchase them. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box. The subsequent unpacking inspection will be carried out jointly by Party A and Party B. If there is any missing item, Party A will be responsible for the replenishment. If the quality level and specifications are not consistent, Party A will re-purchase. .
3. If the type, specification and model of the material do not match, Party B may change the package on behalf of Party A, and Party A shall bear the corresponding economic expenses.
4. If the equipment is defective, Party A may entrust Party B to handle it, and Party A shall pay the expenses incurred.
5. If the arrival location does not match, Party A will be responsible for the shipment to the designated location.
6. If the supply is insufficient, Party A will make up the amount; if the supply is excessive, Party A will transport the excess part out of the construction site.
7. The supply time is advanced, and Party A is responsible for custody or payment and entrusts Party B to keep it.
4. If Party B fails to inspect, receive, or collect materials or equipment to cause losses to Party A, it shall be dealt with in accordance with the second paragraph of Article 8.
5. After the inspection by Party B, it is found that the materials and equipment supplied by Party A are inconsistent with the specifications and quality, and Party A shall still bear the economic expenses of re-purchasing, dismantling and reconstruction.
6. Party A fails to provide materials, equipment, or supply time delays in accordance with the provisions of the Agreement, the provisions of the contract file and the inventory, or the circumstances as stipulated in Article 23, paragraph 3, and Article 23, paragraph 5, If the construction delay of Party B is caused, it shall be handled in accordance with the second paragraph of Article 7.
Article 24 Party B purchases materials and equipment
1. Party B shall, in accordance with the terms of the Agreement, purchase materials, equipment or non-standard equipment required for the project in accordance with the requirements of design and specifications, and provide proof of product quality.
2. Party A entrusts Party B to unload, store materials, equipment and formulate non-standard equipment and agency equipment, and stipulates the rights and obligations of both parties in the Articles of Agreement, or separately negotiates and pays a certain amount of advance payment.
3. Before the materials and equipment arrive at the goods, Party B shall notify Party A's acceptance and acceptance according to the agreement. Party A may not accept the acceptance on time, which may be regarded as acceptance. Party B shall accept the acceptance by itself.
4. The method for adjusting the spread of materials and equipment purchased by Party B shall be stipulated in the Articles of Agreement.
5. The materials, equipment or non-standard equipment purchased by Party B are inconsistent with the design and specification requirements. The representative of Party A refuses to accept the inspection. Party B shall ship the construction site at the time required by the representative of Party A to re-purchase the products that meet the requirements and undertake The expenses incurred will not be postponed.
6. Regardless of whether Party A has accepted the acceptance, after the acceptance, it is found that the materials and equipment do not meet the design and specification requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses. The delay in the construction period will be delayed accordingly.
7. According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. For reasons of Party A's use, Party A shall bear the economic expenses incurred, and Party B shall bear the expenses incurred by Party B.
Chapter VII Design Changes
Article 25 Design Changes
1. Party B shall implement the relevant technical regulations on construction and acceptance of electric power construction and construction technology, and strictly follow the construction of the drawings. It shall find that the design errors and omissions shall not be mistaken or repaired without authorization. The application for change design shall be submitted to the representative of Party A in a timely manner.
2. Party A's application to change the original design or agree to Party B's change design shall be submitted to the original design unit for review, modification, and supplement according to the time limit stipulated in the “Articles of Agreement”, and the corresponding drawings and instructions shall be obtained. Significant design changes should also obtain approvals from relevant departments, additional investment and materials indicators, and then send Party B a design change notice, otherwise Party B has the right to refuse the change.
3. Party B shall notify the construction according to the design change and make the following changes:
1. Increase or decrease the amount of work agreed upon in the contract;
2. Change the nature, quality and specifications of the relevant project;
3. Alter the elevation, baseline, location and size of the relevant part;
4. Add additional work required for the project;
5. Change the construction time and sequence of the closed project.
4. The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be compliant.
Delay.
Article 26 Determination of the price of the change
一、發生第二十五條約定的變更後，在《協定條款》約定的期限內，乙方按下列方法提出變更價格，經甲方代表批準後調整契約價款和竣工日期。
1.契約中已有適用於變更工程的價格，按契約已有的價格計算，變更契約價
款；
2.契約中隻有類似於變更情況的價格，可將此作為確定變更價格的基礎用以變更契約價款；
3.契約中沒有適用的和類似的價格，由乙方提出適當的變更價格。
二、甲方代表在乙方提交變更價格意見後５天內予以批準，或者提出修改意見及理由，逾期不予批復即視為甲方代表批準。
三、乙方對於甲方代表不批準其變更價格意見持有抗告，可提請總監理工程師予以評定、提請約定的工程造價管理部門予以裁定，不服裁定則可按第３０條約定處理。
第八章竣工與結算
第二十七條竣工驗收
一、工程具備竣工條件，乙方按電力建設施工及驗收技術規範等規定向甲方代表提交“竣工驗收報告”申請驗收。甲方代表在乙方申請驗收後１０天內組織有關部門進行驗收，驗收５天內給予批準或提出修改意見。乙方按要求修改，承擔由於自身原因造成修改所發生的費用。甲方承擔非乙方原因造成修改所發生的費用及因此給乙方造成的損失，延誤的工期予以順延。
二、整套啓動試運驗收，執行電力建設工程啓動及竣工驗收規程等規定，由甲方承擔整套啓動試運驗收的組織工作，全面處理試運驗收中發生的問題。乙方參與有重大影響項目的整套啓動調試方案和措施的製定，在啓動調試中負責其施工項目的維護、檢修、消除缺陷。
三、乙方參加整套啓動試運的工日及酬金，經甲乙雙方參照調試工期定額和相應的取費標準商定，由甲方予以支付。契約中另有約定、已包含在契約價款的除外。
四、竣工日期為乙方提交“竣工驗收報告”之日，需修改後才能達到竣工要求的，應為乙方修改後經甲方驗收之日。
五、甲方未按如上日期組織驗收，應從約定期限最後１天的次日起承擔工程保管費用。
六、按建設項目檔案資料管理的有關規定，乙方在整套啓動試運驗收後４５天內，將竣工圖等完整竣工資料移交甲方。
七、工程移交後實行試生產的，火電項目期限６個月，不得延長。試生產利潤，甲乙方雙方按約定分享。
八、由於設計、設備或系統等不屬於乙方原因使個別項目不能全部投入，應在啓動試運驗收記錄上寫明原因，由甲方負責在驗收後組織完成。
九、機組經７２小時試運後，由於系統負荷需要等原因不能停機，則免去其後的規定試運時間，即告整套啓動試運驗收完成。
十、零星土建工程和少數非主要設備未按設計規定的內容全部建成，但不影響正常生產，已符合竣工驗收標準的，應辦理竣工驗收手續，由承包該施工項目的乙方負責在整套啓動試運驗收後完成，期限不得超過６個月。
十一、由於特殊原因，部分單位工程和部位須甩項竣工時，雙方訂立甩項竣工協定，明確各方責任。
十二、甲方代表在乙方提交“竣工驗收報告”後１０天內無正當理由未組織驗收，或驗收後５天內未予批準且未提出修改意見，即視為此“竣工驗收報告”經甲方代表批準，應據以辦理結算手續。
第二十八條竣工結算
一、竣工報告批準後，乙方按建設工程價款結算辦法等有關規定和《協定條款》約定的時間、方式，向甲方代表提交“竣工結算報告”。甲方代表在乙方提交報告後５天內予以批準並將撥款通知送經辦銀行辦理竣工結算，或提出修改意見及理由。乙方收到工程款後１５天內將竣工工程交付甲方。
二、甲方違反有關規定或約定未如約辦理竣工結算，或經辦銀行由於甲方原因未支付工程款，乙方可留置部分或全部工程，予以妥善保護，由甲方給付保護費用，承擔違約責任，並按約定的利率償付拖欠工程款的利息。
第二十九條保修
一、執行電力建設工程啓動及竣工驗收規程、工程質量管理辦法等規定，乙方對竣工交付使用的工程所存在的質量缺陷負責維修。
二、保修項目、內容、範圍，由甲乙雙方在《協定條款》中約定。
三、保修期，整體工程或其中分單項、單位、分項、分部驗收交付的工程，均從移交甲方之日起分別計算保修期。
1.建築工程保修期：
建築物、構築物的土建工程為１年，其屋面防水工程為３年；
建築物的電氣管線、上下水管線安裝工程為６個月；
建築物的供熱、供冷工程為１個採暖期、供冷期；
室外的上下水、道路等公用工程為１年。
2.安裝工程保修期為１年。
3.其他有特殊要求的工程，保修期限由甲乙雙方在《協定條款》中約定。
四、質量保修金，由甲方從其給付乙方的工程結算款中劃撥，存入《協定條款》約定的工程質量監督機構在銀行開設的專門帳戶，任何單位和個人不得挪作他用。
1.建築工程按其造價的１．５％留存；
2.安裝工程按其造價的０．５～１％留存；
3.有特殊保修要求的工程由甲乙雙方在《協定條款》中約定留存比例。
五、保修責任，乙方負責維修由於其自身原因形成的質量缺陷，所發生的費用從質量保險金中支付，不足部分由乙方交付。乙方自接到甲方發給的保修通知之日起，在兩周內到達現場與甲方共同辨明質量缺陷責任，商議返修內容。屬乙方責任的，乙方未按期到達現場，甲方應再次通知乙方。乙方在接到再次通知書後１周內仍未到達，甲方可在不提高工程標準的前提下自行返修，所發生的費用按上述辦法支付。由於設計、使用不當或材料、構件、配件、設備的設計、製造等原因造成的質量缺陷，由責任方承擔保修責任，乙方予以維修發生的費用由甲方給付。對於不可抗力引起的質量問題，乙方不予承擔責任。
六、乙方的返修方案及工期按第九條約定確定，返修價款按第二十六條約定確定，質量驗收按第十四條約定進行，所用材料、構件、配件等數量、價格及採購供應等具體事宜由雙方商定或簽訂協定，甲方應積極予以創造方便條件。
七、退還工程質量保修金，由甲方在保修期滿後２０天內予以結算，將剩餘的質量保修金及銀行存款利息退還乙方。
第九章爭議、違約和索賠
第三十條爭議
一、甲乙雙方對於契約權益有不同的主張和要求，可通過協商或約定的單位、人員調解排解。為願通過協商、調解解決或協商、調解不成的，可根據雙方的協定向有管轄權的仲裁機構申請仲裁；雙方未達成仲裁協定的，可向有管轄權的人民法院起訴。
二、雙方發生爭議後，除非出現下列情況，雙方都應繼續履行契約，保持施工連續，保護好已完工程。
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Power construction project construction contract
project name
Construction unit
Construction unit
Signing time
place of signing
Construction contract conditions for electric power construction projects
Chapter 1 Word Meaning and Contract File
First word meaning
The text of the "Construction Contract for Electric Power Construction Project" shall be composed of the "Construction Contract Conditions for Electric Power Construction Projects" and the "Construction Contract Agreement Clauses for Electric Power Construction Projects". The terms used in the Terms shall be the same as those specified in the Articles of Agreement. Meaning of:
1. Employer: The party that has the qualification of the project contractor and the ability to pay the project price as stipulated in the “Articles of Agreement”.
2. Party A's representative at the construction site: Party A's representative in the Terms of the Agreement.
3. Contractor: The party that has the qualifications of the project contractor as stipulated in the “Articles of Agreement” and is accepted by the contractor.
4. Party B's representative at the construction site: Party B's representative in the Terms of the Agreement.
V. Social supervision: The supervision of the project by the project supervision unit or personnel entrusted by Party A and qualified by the “Measures for the Administration of Qualifications of Power Engineering Construction Supervision Units”.
6. Supervisor engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level as stipulated in the Measures for the Administration of Qualifications of Power Engineering Survey and Design Units.
8. Project cost management department: The relevant departments of the State Council, the construction administrative departments at all levels or the construction project cost management agencies authorized by the above departments.
IX. Engineering Quality Supervision Department: Ministry of Power Industry, Electric Power Administration, Provincial Electric Power Bureau or its quality supervision organization for electric power construction projects set up according to the Interim Provisions on Quality Supervision of Electric Power Construction Projects.
X. Project: The permanent project of electric power construction with specific contents as stipulated in the "Articles of Agreement".
XI. Contract price: The current fixed amount, material budget price and corresponding fee-taking standard shall be used as the guiding price, which shall be determined through bidding or bidding or negotiation between Party A and Party B to pay the total amount of the construction price of Party B's performance.
XII. Economic Expenditure: The contract price that is issued during construction and paid by Party A to increase the budget.
paragraph.
XIII. Cost: The expenses directly paid by Party A in addition to the contract price or the expenses that Party B shall bear.
14. Construction period: The contractual period agreed by Party A in accordance with the provisions of the power construction project project schedule and other provisions, in the terms of the agreement.
XV. Date of commencement: The date of commencement of the project as stipulated in the Articles of Agreement.
XVI. Completion Date: The date of completion of the project as stipulated in the Terms of the Agreement.
XVII. Drawings: All drawings submitted by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site to be constructed as determined by Party A, “Construction Organization Design” or “Construction Plan”.
19. Written form: Various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters and confirmed telegrams, telexes, etc., handwritten, typed, photocopied, and printed according to the contract.
20. Force Majeure: Explosions, fires caused by war, turmoil, falling objects in the air or other non-Participation Party B, and wind, rain, snow, earthquakes, etc., which are stipulated in the Articles of Agreement, cause damage to the project and performance. natural disaster.
21. Compensation: The responsible party shall make up for the expenses of direct and indirect losses of the other party, including work stoppage, work, rework, transfer of personnel and machinery and equipment, backlog of materials and components, labor costs for reversal, machinery fees, management Actual expenses such as fees, and the loss of available benefits such as interest accrued from the date on which these fees are payable.
Twenty-two, quality defects: the project does not meet the current technical standards, design files and contract quality requirements of the state or industry.
Twenty-three, the terms of the agreement: in conjunction with the specific project, a written agreement signed by the two parties after the negotiation.
Article 2 Contract File and Order of Interpretation
First, 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. Articles of Agreement;
2. Contract Conditions;
3. Negotiating, changing, etc., clearing the minutes and agreements of the parties' contractual rights and obligations;
4. The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
5. a bill of quantities or an engineering budget and drawings that determine the cost of the project;
6. Standards, specifications and other relevant technical materials and technical requirements;
7. Other files that form part of the contract.
2. When the contract files are ambiguous or inconsistent, they shall be resolved by negotiation between the two parties without affecting the progress of the project; if the opinions of the two parties are still not consistent, the solution shall be settled in accordance with the provisions of Article 30.
Article 3 Languages, Standards and Applicable Laws Used in Contract Files
1. The contract file is written in Chinese national language. Both parties can agree to use the minority language translation according to the needs. The interpretation and explanation of the contract file use Chinese Mandarin.
2. The law applicable to contract files is the national laws and regulations, as well as other industry regulations and agreed local laws and regulations of the Ministry of Power Industry.
Third, the construction should use national standards, norms and power industry standards and norms. When there is no corresponding standard or standard in the national or power industry, the standards and norms of other industries or places where the project is located may be agreed upon. Party A shall provide Party B with the agreed standards and specifications according to the time and number of copies as stipulated in the Articles of Agreement.
4. 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 “Articles of Agreement”, and shall be implemented after the approval of Party A's representative; Party A shall require the use of foreign standards and norms and shall report to the competent department of the power industry. Approve and be responsible for providing Chinese translations as agreed.
5. The costs of purchasing, translating and formulating standards, specifications and proposing construction techniques shall be borne by Party A.
Fourth drawing
1. Party A shall provide Party B with complete construction drawings before the date of commencement of construction according to the date and number of shares agreed upon in the Agreement Terms, and ensure that the drawings are accurate and have a design depth that meets the construction requirements. Party B shall do so in accordance with the provisions of the Agreement. Drawings are kept confidential.
2. Party A shall not provide a full set of drawings in accordance with the provisions of Article 4, paragraph 1, and include the name and duration of the drawings that cannot be provided in this clause, and ensure that the requirements for implementing the “construction comprehensive progress plan” are met.
3. If Party A has special confidentiality requirements for drawings, Party B shall take corresponding measures to keep confidential, and Party A shall bear the expenses.
use.
4. Party B requests to increase the number of drawings, and Party A shall copy and deliver it according to the time stipulated in the Articles of Agreement, and Party B shall bear the expenses.
5. If Party B fails to receive the drawings provided by Party A, Party B shall notify Party A of the contents, reasons, time and delay of the required drawings or instructions within 5 days. The representative of Party A shall not reply within 2 days after Party B submits the notice, and shall deal with it according to the second paragraph of Article 7.
6. Party B finds that the drawings provided by Party A are incomplete, inaccurate or the design depth cannot meet the construction requirements. Party A shall be promptly notified to deal with it as appropriate in accordance with Article 4, paragraph 5, or Article 25, paragraph 1. Party B shall not be found in the above-mentioned defects of the drawings provided by Party A. Party A shall still bear the responsibility according to the provisions of Article 7, paragraph 2 or Article 25, paragraph 4, and pay for the repair, dismantling, alteration, reconstruction, etc. cost.
Chapter II General Responsibilities
Article 5 Representative of Party A
1. Party A appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
1. A representative of Party A may appoint a specific manager to assume some of his rights and responsibilities and may withdraw such appointment at any time. Both the appointment and the withdrawal shall be notified to Party B 3 days in advance.
2. The instructions, notices, opinions, approvals, and replies of Party A's representatives 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 on the receipt and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 24 hours. Party B’s instructions to Party A’s representative shall be executed. Party A's representative cannot give written confirmation in time. Party B shall submit a written confirmation request within 48 hours after Party A's representative issues the export order. Party A's representative will not reply within 2 days after Party B submits the confirmation request, which is deemed to confirm Party B's request. . Party B believes that the instructions of Party A are unreasonable and should submit a written notice within 24 hours after receiving the order. Party A's decision to modify the order or continue to execute the original order within 24 hours after Party B's application is notified to Party B in writing. In case of emergency, Party A shall request Party B to execute the instructions immediately or Party B has an anti-information, but Party A’s decision to continue the execution shall be implemented by Party B. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
3. Party A shall provide Party B with the required instructions, requirements, consents, notices, approvals, etc. in a timely manner in accordance with the contract, and perform other obligations as agreed upon, otherwise Party B shall specify the specific requirements and reasons required within 24 hours after the agreed time. The result of the delay shall be notified to the representative of Party A. If Party A’s representative has not responded within 48 hours after Party B’s notice, it shall be deemed as confirmation, consent and approval. Party A shall bear the expenses incurred thereby, and delay the delay of the construction period. Compensation for the losses caused by Party B.
2. In the course of implementing social supervision, Party A shall notify Party B of the scope of exercising the rights and fulfilling obligations of the chief management engineer. The chief management engineer performs the duties within the scope of the commissioned authority as agreed.
3. Party A's representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance. The latter will continue to assume the responsibility of the predecessor.
Article 6 Representative of Party B
1. Party B appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
1. Party B's requirements, applications and notices shall be signed by the representative of Party B in writing and sent to Party A's representative. The representative of Party A shall take effect after signing the name on the receipt and the time of receipt.
2. The representative of Party B shall organize the construction according to the “construction organization design” agreed by the representative of Party A, issue instructions and requirements according to the contract, and may take emergency measures to ensure the safety of the project and personnel life and property in case of emergency and unable to contact with the representative of Party A. And submit a report to the representative of Party A within 24 hours after taking the measure. Responsibility is in Party A, and Party A shall bear the expenses incurred thereby, and correspondingly extend the construction period; the responsibility shall be in Party B, and Party B shall bear the expenses.
2. Party B shall represent Party A and shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A's work
1. Party A shall complete the following work in accordance with the time and requirements as stipulated in the “Construction Site Construction Management Regulations” and “Agreement Terms”:
1. Handling land acquisition, renting, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that construction sites have construction conditions, and continue to be responsible for resolving the remaining issues after the start of construction.
2. The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place in the “Contract Terms” and the needs during the construction period shall be guaranteed.
3. The construction site and the urban and rural public roads shall be opened, and the main traffic trunks in the construction site as stipulated in the Agreements shall be maintained and maintained to meet the needs of construction and transportation to ensure smooth flow during the construction period.
4. Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the authenticity and accuracy of the information.
5. Handling all kinds of documents, approval documents and temporary land use for construction, approval of roads and transportation, and approval of railway special lines, and conclude agreements with relevant parties on the need to cross railways, highways, and communication lines.
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection.
7. Party B and the design unit shall conduct the drawing review and submit the design to B, and shall verify the budget of the construction drawing in a timely manner.
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
9. According to the time determined by the contract and the “construction comprehensive progress plan”, the construction site shall be provided to Party B of the contracted installation project to ensure that the site and the buildings, structures, structures and foundations meet the requirements for installation and construction.
10. Coordinate the construction operations of each construction enterprise on the construction site to deal with relevant issues in a timely manner.
2. If Party A fails to perform the above obligations in accordance with the contract, it shall bear the expenses incurred thereby, and compensate Party B for the losses caused thereby, delaying the construction period and delaying accordingly.
3. Party A entrusts Party B to complete one of the above tasks, and shall bear the economic expenses incurred and pay the corresponding expenses of Party B.
Article 8 Party B's work
1. Party B shall complete the following work in accordance with the scope, time and requirements stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
1. Within the scope permitted by the design qualification certificate, the detailed design of the construction drawing design, construction design or construction required by the representative of Party A shall be completed and approved by the representative of Party A.
2. According to the agreement, the representative of Party A will provide the annual, seasonal and monthly project progress plan and project payment plan and related statistical reports.
3. Set the lighting, fences and guards used for construction according to the needs of the project, and repair the safety and protective facilities. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility.
4. According to the quantity and requirements stipulated in the "Articles of Agreement", the representatives of Party A shall be provided with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
5. Take effective measures to implement local government and relevant departments on the construction site traffic and environmental protection management regulations. Due to technical and economic constraints, if the pollution of the environment cannot be controlled within the prescribed scope, Party A shall, in conjunction with Party B, report to the relevant local government for approval. The above fees shall be borne by Party A, except for the fines caused by Party B’s liability.
6. Before the completed project is delivered to Party A, Party B may be entrusted by Party A for custody. Party B shall be responsible for the protection work in accordance with the terms of the Agreement, and the damage shall be damaged if it is not properly protected. Party B shall repair it at its own expense. The location of the unit project and the corresponding economic expenditure required to be protected by special measures shall be agreed in the Terms of the Agreement. Party A shall be liable for any damage or other problems that occur after Party A uses it in advance or after unauthorized use.
7. According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
8. Protect the construction site from cleaning. Before the handover, the site shall meet the requirements for the contract file, and shall bear the losses and fines caused by the violation of relevant regulations, except for the provisions issued after the contract is signed and the losses and fines caused by non-Party B reasons.
2. Party B has not fulfilled the above obligations as agreed in the contract. To bear the expenses incurred thereby, and compensate Party A for the economic losses suffered by Party A.
Chapter III Construction Organization Design and Construction Period
Article 9 Progress Plan
1. Party A shall provide Party B with preliminary design files, construction drawings, construction organization design outline and “supply materials, equipment plans” and “providing civil engineering projects” within 3 days after the conclusion of the contract. Party B shall build the electricity according to the power. The relevant provisions of the engineering construction technology management and the provisions of the "Agreed Terms" shall be formulated as "construction organization design" and "construction comprehensive progress plan", and shall be submitted to Party A representatives before the commencement of construction. Party A fails to provide the information it should provide in accordance with the provisions of Article 7, paragraph 2. Party B did not submit the “construction organization design” and “construction comprehensive progress plan” as scheduled, and dealt with it according to the second paragraph of Article 8.
2. The consent of Party A's representatives to Party B's “construction organization design” and “construction comprehensive progress plan” shall be answered within the time limit stipulated in the “Articles of Agreement”. If it is overdue, it may be deemed as agreed. The “construction organization design” and “construction comprehensive progress plan” agreed by Party A are contract files and should be followed together.
3. Party B shall organize the construction according to the “construction organization design” and “construction comprehensive progress plan” agreed by Party A, and accept the inspection and supervision of the representative of Party A. When the actual progress of the project is inconsistent with it, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and submit it to the representative of Party A for approval. For major construction technical measures, Party B shall report to Party A for review and approval, and Party A shall bear the special construction technical measures.
Article 10 Delayed construction
1. Party B shall commence construction in accordance with the terms of the Agreement and the commencement date and commencement conditions determined by the “Construction Comprehensive Progress Plan”. If it cannot be started as scheduled, it shall be submitted to the representative of Party A 5 days before the agreed date of commencement. Reasons and requirements for delaying the commencement of work. The representative of Party A shall reply within 3 days after Party B requests to postpone the commencement of work. If it fails to reply within the time limit, it shall be deemed to have agreed to Party B's request for extension of construction.
2. Party B's postponement of construction failed to obtain the consent of Party A's representative in accordance with the provisions of Article 10, paragraph 1, and the completion date will not be compliant.
Delay.
3. Party B shall, due to Party A's request for extension of work, obtain the consent of Party A's representative, or Party A shall obtain Party B's consent to delay the commencement date, and Party A shall bear the expenses and losses of Party B, and shall accordingly extend the construction period.
Article 11 Suspension of construction
1. The representative of Party A may request Party B to suspend the construction when it is necessary, and shall submit a handling opinion within 24 hours after the request for suspension. Party B shall stop the construction according to the suspension request of Party A's representative, properly protect the completed project, and submit the request for resumption of work to the representative of Party A, and continue construction after approval.
2. The representative of Party A fails to submit a handling opinion within the agreed time, or fails to reply within 24 hours after Party B requests the return to work, and Party B may return to work on its own. If Party B's construction cannot be carried out, it shall be handled in accordance with the second paragraph of Article 7.
3. Suspension of construction For reasons other than Party B, Party A shall bear the economic expenses and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, and Party B shall bear the expenses incurred.
Article 12 Delay in construction period
1. Delays in the completion of the completion date due to the following conditions shall be confirmed by the representative of Party A, and the construction period shall be postponed accordingly.
1. Engineering quantity change or design change;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. The agreement agreed in the contract or the consent of Party A agrees to give other circumstances to the extension of the construction period.
2. Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the expenses incurred, and the representative of Party A shall approve or propose the amendment within 3 days after the report is submitted by Party B, and shall not reply within the time limit. It is considered as a representative of Party A to approve this report.
Article 13
First, the construction needs to be completed in advance, and the two parties will sign an “early completion agreement” after the agreement, and the date of completion of the contract is advanced. The “early completion agreement” should include 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. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
2. Party B shall revise the construction progress plan according to the “early completion agreement” and submit it to the representative of Party A for approval. The representative of Party A shall give a reply within 5 days after Party B submits the construction progress revision plan, and if it is not approved within the time limit, it shall be deemed as approved.
Chapter IV Quality and Acceptance
Article 14 Inspection and rework
1. Party B shall, according to the corresponding technical specifications for electric power construction and acceptance, the standards adopted by the contract, the design requirements, and the instructions of Party A to issue instructions according to the contract, and accept the inspection and inspection of Party A and its delegates at any time to facilitate inspection and inspection. Conditions, and rework and modification according to the requirements of Party A and its delegates, and bear the costs of rework and modification caused by their own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons for rework and modification, and the construction period shall be postponed accordingly.
2. After passing the above inspections, it is also found that Party B is responsible for the quality problems caused by Party B.
3. The above inspections and inspections shall be carried out in accordance with the provisions on construction quality inspection and assessment standards for electric power construction projects, and shall be carried out without prejudice to normal construction. If the normal construction is affected, unless the quality of the inspection is unqualified, the expenses incurred shall be The party undertakes and accordingly delays the construction period.
Article 15 Quality Rating
1. The quality of the project shall meet the qualified conditions stipulated in the agreed construction quality inspection and assessment standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
2. If the project does not meet the agreed quality conditions, Party A's representative may request Party B to rework as soon as it is discovered. Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework, and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract.
Third, due to the design or materials, components, accessories, equipment and other non-Party B reasons, the project does not meet the agreed quality conditions, Party B will be responsible for rework, the economic expenses of the revision will be borne by Party A, and the construction period will be postponed accordingly. If Party B is unable to modify it, it shall not be assessed by the representative of Party A.
4. Both parties have disputes over the quality of the project and may deal with it in accordance with Article 30.
Article 16 Concealed works and intermediate acceptance
1. The project or part that needs intermediate acceptance shall stipulate its name, acceptance time, requirements and the convenience conditions that Party A shall provide in the Terms of the Agreement.
2. The project has the coverage, cover-up conditions or the agreed intermediate acceptance site. After the self-inspection, Party B shall notify Party A's acceptance 48 hours before the concealment or intermediate acceptance, and prepare the acceptance record. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. 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.
Third, the quality of the project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.
Article 17 Divisional trial operation
1. The project has the conditions for trial operation of the branch, and the trial operation shall be carried out according to the provisions of the start-up and completion acceptance procedures of the electric power construction project. Except for the agreement made by the equipment manufacturing and the self-commissioning of the supplier, the branch trial operation shall be undertaken by Party B, and the division trial operation plan and measures shall be prepared and submitted to the representative of Party A for approval. Party A's representative shall approve or propose amendments within 7 days after Party B submits the plan. If it is not approved within the time limit, it shall be deemed as approved by Party A's representative.
2. Party B shall notify Party A to participate in the 48 hours before the trial operation of the branch. Party A's representative may not participate in the trial operation of the division on time and may entrust another person's plenipotentiary in writing. The circumstances not subject to Article 37 shall not be postponed.
3. The adjustment test record of the trial operation of the branch shall be made by Party B and the commissioning unit, and the representative of Party A shall sign the record as the basis for quality acceptance and complete set-up.
4. Due to Party B's reasons, the trial shipment will not meet the acceptance requirements. Party A's representative will propose amendments within 24 hours after the trial operation, and Party B will re-test the shipment according to its opinions.
5. The representative of Party A did not participate in the trial operation of the division and did not entrust another person to act, or participated in the trial operation and did not propose to amend the modification within the agreed time. The trial shipment was not signed and accepted. The trial operation record will take effect 24 hours after the end of the trial operation. Party shall admit that Party B may continue construction and may proceed with relevant procedures.
6. Equipment and systems that have passed the trial operation of the branch shall be handed over to Party A for custody and operation and maintenance as the production or trial operation needs to continue to operate.
7. The trial freight charges of the divisions shall be borne by Party A in addition to those already included in the contract price or otherwise stipulated in the Agreement.
8. Due to non-Party B, such as design, equipment manufacturing, improper operation, etc., the trial operation fails to meet the acceptance requirements, and Party B or Party B cooperates with the responsible party to dismantle, repair, reinstall, the expenses incurred and the repurchase of materials and equipment costs and The freight rate, etc., will be settled by the responsible party after payment by Party A, and the delay of the construction period will be postponed accordingly.
Article 18 Acceptance and re-inspection
1. The acceptance conditions for individual projects, unit projects, sub-projects, and sub-projects shall be subject to inspection and acceptance as scheduled. Party B shall submit a “Notice of Acceptance” 48 hours before the acceptance, and notify Party A to participate in the acceptance. The notice includes the content, time and place of the acceptance, and the self-inspection record of Party B is attached.
2. The representative of Party A cannot attend the acceptance on time and may entrust another person to act in writing, or submit an extension request to Party B 24 hours before the acceptance, and the extension shall not exceed two days. Otherwise, Party B may organize its own acceptance, and Party A shall acknowledge that its acceptance record is valid.
3. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project, Party B shall disclose it as required and re-cover or repair it after the inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection fails, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter V Contract Price and Payment
Article 19: Contract price and adjustment
1. Both Party A and Party B exchange performance guarantee letters issued by their respective bank accounts when signing the "Agreement Terms" to ensure that the payment is performed according to law and will be refunded after the expiration of the warranty period.
2. The contract price shall be stipulated in the "Articles of Agreement", and the payment shall be settled according to the "Measures for Settlement of Construction Project Price" and "Specific Provisions on Completion and Settlement of Capital Construction Projects". No party may change without authorization, and one of the following circumstances may occur. Make adjustments.
1. The amount of work confirmed by the representative of Party A is increased or approved by the representative of Party A and approved by Party B.
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. Other additions, subtractions or adjustments to the contractual agreement.
3. The scope of the contract price or adjustment shall be stipulated in the Terms of the Agreement.
4. Party B shall, within 10 days after the occurrence of the provisions of the second paragraph of Article 19, adjust the amount of the adjustment of the price according to the first paragraph of Article 26 or according to the price of the project cost management department, and the reasons for the adjustment The amount is notified to the representative of Party A in writing. Party A's representative shall, within 5 days after Party B submits the notice, approve and notify the handling bank and Party B, or propose amendments and reasons. If the reply is not overdue, it shall be deemed as approval by Party A and shall be settled according to the payment.
Article 20 Prepayment of construction funds
1. Party A shall prepay the construction project to Party B according to the time and amount stipulated in the “Articles of Agreement”, and deduct the project at the agreed time and proportion.
2. Party A fails to pay in accordance with the first paragraph of Article 20, and Party B submits a “Notice of Request for Payment” to Party A's representative 7 days after the agreed date of payment. Party A shall not pay according to the requirements after Party B submits the notice. Party B may The construction shall be temporarily suspended after the notification is submitted, and shall be handled in accordance with the provisions of the second paragraph of Article 7, and Party A shall pay the late payment due from the date of payment.
Article 21 Verification of the quantity of work
1. Party B shall submit the “Completed Project Volume Report” to the representative of Party A for confirmation according to the time stipulated in the “Articles of Agreement”. Party A's representative shall verify and verify the completed quantity according to the design drawings within 3 days after Party B submits the report. If it is not measured within the time limit, it shall be deemed that Party A's representative has confirmed the amount of work listed in Party B's report and also paid as construction cost. Basis.
2. Party A shall notify Party B to send personnel to participate 24 hours before the measurement, and Party B shall provide convenient conditions for measurement. Party A did not issue a notice as agreed to prevent Party B from participating in the measurement, and Party A’s self-measurement was invalid. Party B has not participated in the measurement without justified reasons. The results of Party A's self-measurement are valid, which is the basis for payment of the project price.
3. The representative of Party A shall not measure the amount of work that Party B has exceeded the requirements of the drawings and the amount of work that is reworked due to its own reasons.
Article 22 Payment of construction funds
1. Party B shall, in accordance with the time and method agreed upon in the Articles of Agreement and the amount of work confirmed by the representative of Party A, calculate the price of the completed project based on the unit and the fee collection standard of the corresponding project constituting the contract price, and prepare the “project payment settlement bill”. "Submitted to the representative of Party A. The representative of Party A shall issue a visa within 5 days after Party B submits the “Project Settlement Bill” and notify the handling bank to pay.
2. If Party A's settlement bill is overdue for Party B's settlement, or Party B fails to pay due to Party A's reasons, Party B may issue a Notice of Request for Payment to Party A's representative. Party A has not issued Party 5 days after the notice is given. If the payment is made according to the requirements, Party B may suspend the construction and deal with it according to the provisions of Article 7. Party A shall repay the interest on the construction fund, and the interest shall be calculated at the agreed interest rate from the 11th day of the measurement signature.
Chapter VI Supply of Materials and Equipment
Article 23 Party A supplies materials and equipment
1. Party A shall supply materials and equipment to Party B in accordance with the terms of the Agreement, and the types, specifications, models, quantities, units, quality grades, and time and place of materials and equipment supplied shall be in accordance with the list, and materials shall be provided to Party B. , the quality certificate of the equipment.
2. The representative of Party A shall notify Party B to accept and receive the materials at the agreed time before providing the materials and equipment. If the damage is lost after the experience is received or received, Party B shall repair and compensate.
3. The materials and equipment supplied by Party A are inconsistent with the provisions of the Agreement, the contract file provisions or the list, and are handled separately as follows:
1. The unit price of materials and equipment does not match, and Party A bears all the price differences.
2. If the materials, equipment types, specifications and quality grades do not match, Party B may refuse to accept and store them, and Party A shall ship them out of the construction site and re-purchase them. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box. The subsequent unpacking inspection will be carried out jointly by Party A and Party B. If there is any missing item, Party A will be responsible for the replenishment. If the quality level and specifications are not consistent, Party A will re-purchase. .
3. If the type, specification and model of the material do not match, Party B may change the package on behalf of Party A, and Party A shall bear the corresponding economic expenses.
4. If the equipment is defective, Party A may entrust Party B to handle it, and Party A shall pay the expenses incurred.
5. If the arrival location does not match, Party A will be responsible for the shipment to the designated location.
6. If the supply is insufficient, Party A will make up the amount; if the supply is excessive, Party A will transport the excess part out of the construction site.
7. The supply time is advanced, and Party A is responsible for custody or payment and entrusts Party B to keep it.
4. If Party B fails to inspect, receive, or collect materials or equipment to cause losses to Party A, it shall be dealt with in accordance with the second paragraph of Article 8.
5. After the inspection by Party B, it is found that the materials and equipment supplied by Party A are inconsistent with the specifications and quality, and Party A shall still bear the economic expenses of re-purchasing, dismantling and reconstruction.
6. Party A fails to provide materials, equipment, or supply time delays in accordance with the provisions of the Agreement, the provisions of the contract file and the inventory, or the circumstances as stipulated in Article 23, paragraph 3, and Article 23, paragraph 5, If the construction delay of Party B is caused, it shall be handled in accordance with the second paragraph of Article 7.
Article 24 Party B purchases materials and equipment
1. Party B shall, in accordance with the terms of the Agreement, purchase materials, equipment or non-standard equipment required for the project in accordance with the requirements of design and specifications, and provide proof of product quality.
2. Party A entrusts Party B to unload, store materials, equipment and formulate non-standard equipment and agency equipment, and stipulates the rights and obligations of both parties in the Articles of Agreement, or separately negotiates and pays a certain amount of advance payment.
3. Before the materials and equipment arrive at the goods, Party B shall notify Party A's acceptance and acceptance according to the agreement. Party A may not accept the acceptance on time, which may be regarded as acceptance. Party B shall accept the acceptance by itself.
4. The method for adjusting the spread of materials and equipment purchased by Party B shall be stipulated in the Articles of Agreement.
5. The materials, equipment or non-standard equipment purchased by Party B are inconsistent with the design and specification requirements. The representative of Party A refuses to accept the inspection. Party B shall ship the construction site at the time required by the representative of Party A to re-purchase the products that meet the requirements and undertake The expenses incurred will not be postponed.
6. Regardless of whether Party A has accepted the acceptance, after the acceptance, it is found that the materials and equipment do not meet the design and specification requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses. The delay in the construction period will be delayed accordingly.
7. According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. For reasons of Party A's use, Party A shall bear the economic expenses incurred, and Party B shall bear the expenses incurred by Party B.
Chapter VII Design Changes
Article 25 Design Changes
1. Party B shall implement the relevant technical regulations on construction and acceptance of electric power construction and construction technology, and strictly follow the construction of the drawings. It shall find that the design errors and omissions shall not be mistaken or repaired without authorization. The application for change design shall be submitted to the representative of Party A in a timely manner.
2. Party A's application to change the original design or agree to Party B's change design shall be submitted to the original design unit for review, modification, and supplement according to the time limit stipulated in the “Articles of Agreement”, and the corresponding drawings and instructions shall be obtained. Significant design changes should also obtain approvals from relevant departments, additional investment and materials indicators, and then send Party B a design change notice, otherwise Party B has the right to refuse the change.
3. Party B shall notify the construction according to the design change and make the following changes:
1. Increase or decrease the amount of work agreed upon in the contract;
2. Change the nature, quality and specifications of the relevant project;
3. Alter the elevation, baseline, location and size of the relevant part;
4. Add additional work required for the project;
5. Change the construction time and sequence of the closed project.
4. The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be compliant.
Delay.
Article 26 Determination of the price of the change
一、發生第二十五條約定的變更後，在《協定條款》約定的期限內，乙方按下列方法提出變更價格，經甲方代表批準後調整契約價款和竣工日期。
1.契約中已有適用於變更工程的價格，按契約已有的價格計算，變更契約價
款；
2.契約中隻有類似於變更情況的價格，可將此作為確定變更價格的基礎用以變更契約價款；
3.契約中沒有適用的和類似的價格，由乙方提出適當的變更價格。
二、甲方代表在乙方提交變更價格意見後５天內予以批準，或者提出修改意見及理由，逾期不予批復即視為甲方代表批準。
三、乙方對於甲方代表不批準其變更價格意見持有抗告，可提請總監理工程師予以評定、提請約定的工程造價管理部門予以裁定，不服裁定則可按第３０條約定處理。
第八章竣工與結算
第二十七條竣工驗收
一、工程具備竣工條件，乙方按電力建設施工及驗收技術規範等規定向甲方代表提交“竣工驗收報告”申請驗收。甲方代表在乙方申請驗收後１０天內組織有關部門進行驗收，驗收５天內給予批準或提出修改意見。乙方按要求修改，承擔由於自身原因造成修改所發生的費用。甲方承擔非乙方原因造成修改所發生的費用及因此給乙方造成的損失，延誤的工期予以順延。
二、整套啓動試運驗收，執行電力建設工程啓動及竣工驗收規程等規定，由甲方承擔整套啓動試運驗收的組織工作，全面處理試運驗收中發生的問題。乙方參與有重大影響項目的整套啓動調試方案和措施的製定，在啓動調試中負責其施工項目的維護、檢修、消除缺陷。
三、乙方參加整套啓動試運的工日及酬金，經甲乙雙方參照調試工期定額和相應的取費標準商定，由甲方予以支付。契約中另有約定、已包含在契約價款的除外。
四、竣工日期為乙方提交“竣工驗收報告”之日，需修改後才能達到竣工要求的，應為乙方修改後經甲方驗收之日。
五、甲方未按如上日期組織驗收，應從約定期限最後１天的次日起承擔工程保管費用。
六、按建設項目檔案資料管理的有關規定，乙方在整套啓動試運驗收後４５天內，將竣工圖等完整竣工資料移交甲方。
七、工程移交後實行試生產的，火電項目期限６個月，不得延長。試生產利潤，甲乙方雙方按約定分享。
八、由於設計、設備或系統等不屬於乙方原因使個別項目不能全部投入，應在啓動試運驗收記錄上寫明原因，由甲方負責在驗收後組織完成。
九、機組經７２小時試運後，由於系統負荷需要等原因不能停機，則免去其後的規定試運時間，即告整套啓動試運驗收完成。
十、零星土建工程和少數非主要設備未按設計規定的內容全部建成，但不影響正常生產，已符合竣工驗收標準的，應辦理竣工驗收手續，由承包該施工項目的乙方負責在整套啓動試運驗收後完成，期限不得超過６個月。
十一、由於特殊原因，部分單位工程和部位須甩項竣工時，雙方訂立甩項竣工協定，明確各方責任。
十二、甲方代表在乙方提交“竣工驗收報告”後１０天內無正當理由未組織驗收，或驗收後５天內未予批準且未提出修改意見，即視為此“竣工驗收報告”經甲方代表批準，應據以辦理結算手續。
第二十八條竣工結算
一、竣工報告批準後，乙方按建設工程價款結算辦法等有關規定和《協定條款》約定的時間、方式，向甲方代表提交“竣工結算報告”。甲方代表在乙方提交報告後５天內予以批準並將撥款通知送經辦銀行辦理竣工結算，或提出修改意見及理由。乙方收到工程款後１５天內將竣工工程交付甲方。
二、甲方違反有關規定或約定未如約辦理竣工結算，或經辦銀行由於甲方原因未支付工程款，乙方可留置部分或全部工程，予以妥善保護，由甲方給付保護費用，承擔違約責任，並按約定的利率償付拖欠工程款的利息。
第二十九條保修
一、執行電力建設工程啓動及竣工驗收規程、工程質量管理辦法等規定，乙方對竣工交付使用的工程所存在的質量缺陷負責維修。
二、保修項目、內容、範圍，由甲乙雙方在《協定條款》中約定。
三、保修期，整體工程或其中分單項、單位、分項、分部驗收交付的工程，均從移交甲方之日起分別計算保修期。
1.建築工程保修期：
建築物、構築物的土建工程為１年，其屋面防水工程為３年；
建築物的電氣管線、上下水管線安裝工程為６個月；
建築物的供熱、供冷工程為１個採暖期、供冷期；
室外的上下水、道路等公用工程為１年。
2.安裝工程保修期為１年。
3.其他有特殊要求的工程，保修期限由甲乙雙方在《協定條款》中約定。
四、質量保修金，由甲方從其給付乙方的工程結算款中劃撥，存入《協定條款》約定的工程質量監督機構在銀行開設的專門帳戶，任何單位和個人不得挪作他用。
1.建築工程按其造價的１．５％留存；
2.安裝工程按其造價的０．５～１％留存；
3.有特殊保修要求的工程由甲乙雙方在《協定條款》中約定留存比例。
五、保修責任，乙方負責維修由於其自身原因形成的質量缺陷，所發生的費用從質量保險金中支付，不足部分由乙方交付。乙方自接到甲方發給的保修通知之日起，在兩周內到達現場與甲方共同辨明質量缺陷責任，商議返修內容。屬乙方責任的，乙方未按期到達現場，甲方應再次通知乙方。乙方在接到再次通知書後１周內仍未到達，甲方可在不提高工程標準的前提下自行返修，所發生的費用按上述辦法支付。由於設計、使用不當或材料、構件、配件、設備的設計、製造等原因造成的質量缺陷，由責任方承擔保修責任，乙方予以維修發生的費用由甲方給付。對於不可抗力引起的質量問題，乙方不予承擔責任。
六、乙方的返修方案及工期按第九條約定確定，返修價款按第二十六條約定確定，質量驗收按第十四條約定進行，所用材料、構件、配件等數量、價格及採購供應等具體事宜由雙方商定或簽訂協定，甲方應積極予以創造方便條件。
七、退還工程質量保修金，由甲方在保修期滿後２０天內予以結算，將剩餘的質量保修金及銀行存款利息退還乙方。
第九章爭議、違約和索賠
第三十條爭議
一、甲乙雙方對於契約權益有不同的主張和要求，可通過協商或約定的單位、人員調解排解。為願通過協商、調解解決或協商、調解不成的，可根據雙方的協定向有管轄權的仲裁機構申請仲裁；雙方未達成仲裁協定的，可向有管轄權的人民法院起訴。
二、雙方發生爭議後，除非出現下列情況，雙方都應繼續履行契約，保持施工連續，保護好已完工程。
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