Construction project contract conditions
I. Word meaning and contract file
The meaning of the first word. The construction project construction contract text is composed of the construction project construction contract conditions and the construction project construction contract agreement terms. Its terminology shall have the meaning ascribed to it in this article, unless otherwise agreed in the terms of the agreement.
1. Employer: The party that has the ability to issue the main information of the contract and the ability to pay the project price as agreed in the terms of the agreement.
2. Party A's representative at the construction site: Party A's representative in the terms of the agreement.
3. Contractor: The parties agreed in the terms of the agreement that have the qualification of the contracting entity and are accepted by the contracting party.
4. Party B's representative at the construction site: Party B's representative in the terms of the agreement.
5. Social supervision: Party A entrusts the project supervision unit or personnel with legal qualifications to supervise the project.
6. Chief Engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: A design unit entrusted by Party A with the corresponding qualification level.
8. Project cost management department: the relevant departments of the State Council, the construction administrative departments at all levels or their authorized project cost management departments.
9. Engineering quality supervision department: relevant departments of the State Council, construction administrative departments at all levels or their authorized engineering quality supervision agencies.
10. Engineering: A permanent project in which the terms of the agreement stipulate specific content.
11. Contract price: Calculated according to the various fees and fees stipulated in the relevant provisions or the terms of the agreement, to pay the total amount of the price of the project completed by Party B in accordance with the contract.
12. Economic expenditure: The contract price that has been incurred during construction and paid by Party A to increase the budget.
13. Cost: Party A needs to pay directly for the expenses other than the contract price and the expenses that Party B should bear.
14. Duration: The contract period agreed in the terms of the agreement.
15. Start date: The date of commencement of the project as agreed in the terms of the agreement.
16. Completion date: The date of completion of the project as agreed in the terms of the agreement.
17. Drawings: All drawings provided by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site specified in the general plan of the construction site in the construction organization design or construction plan approved by Party A.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters, confirmed telegrams, telexes, etc., handwritten, typed, rewritten, printed according to the contract.
20. Force majeure: refers to natural disasters caused by war, turmoil, falling of flying objects or other non-A and Party B responsibilities, fires, and wind, rain, snow, earthquakes, etc., which are stipulated in the terms of the agreement.
21. Terms of the agreement: a written agreement signed by Party A and Party B after consultation with specific projects.
Article 2 Contract File and Order of Interpretation
The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation are as follows:
1. Terms of the agreement;
2. Contractual conditions;
3. Minutes and agreements that clarify the rights and obligations of both parties, such as negotiation and change;
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 information and technical requirements;
7. Letters, faxes, and e-mails confirmed by both parties.
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, they shall be resolved in accordance with the method stipulated in Article 30.
Article 3 The language, standards and applicable laws used in the contract file. The contract file is written and explained and explained in minority languages as agreed in Chinese or in the terms of the agreement.
The law applicable to the contract file is the departmental regulation or the local regulations of the project where the laws, regulations and agreements of the state are stipulated.
The national standards and norms stipulated in the terms of the agreement must be used in the construction; if there is no corresponding standard or standard in the country, the standards or specifications of the place specified by the terms of the agreement or the place where the project is located may be used. Party A shall provide Party B with two agreed standards and specifications at the time agreed upon in the terms of the agreement.
When there is no corresponding standard or standard in China, Party B shall submit the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be implemented after the approval of Party A's representative; if Party A requests to use foreign standards or specifications, it shall be responsible for providing the Chinese translation. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
The fourth drawing. Party A shall provide Party B with complete construction drawings before the 15th day of the commencement date in accordance with the date and number of parts agreed upon in the terms of the agreement, and Party B shall complete the confidentiality of the drawings in accordance with the terms of the agreement. The costs of measures requiring special confidentiality shall be borne by Party A. Party B needs to increase the number of drawings, Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
General responsibility of both parties
Article 5 Representative of Party A
Party A shall appoint a representative at the construction site to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract:
1. Party A’s representatives may appoint relevant management personnel to assume part of their powers and responsibilities and may withdraw such facts at any time. Both the delegation and the withdrawal shall be notified to Party B 5 days in advance.
2. The instructions and notices of the representative of Party A shall be signed and submitted to the representative of Party B in writing, and the representative of Party B shall take effect after the receipt of the name and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 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 3 days after Party A's representative issues the export order. Party A's representative will not reply within 3 days after Party B submits the confirmation request, and shall be deemed that Party B's request has been confirm. Party B believes that Party A’s representative’s instructions are unreasonable and should submit a written notice within 24 hours after receiving the order. Party A’s representative shall make a modification order or continue to execute the original order within 24 hours after receiving Party B’s application, and notify 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, in accordance with the contract, promptly provide Party B with the required instructions, approvals, drawings and other obligations. Otherwise, Party B shall notify Party A of the specific requirements, the reasons for the reasons and the consequences of the delay within 24 hours after the agreed time. Party A shall not reply within 48 hours after receiving the notice, and shall bear the economic expenses caused thereby, and postpone the delay of the construction period, and compensate Party B for the relevant losses.
In the implementation of the social supervision project, the chief engineer engineer entrusted by Party A shall partially or fully exercise the power of the representative of Party A in the contract in accordance with the terms of the agreement, and perform the duties of the representative of Party A, but shall not be entitled to discharge the obligations of Party B in the contract.
Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 6 Representatives of Party B in the construction site
Party B shall appoint the person in charge of the place to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract;
1. Party B's request, request and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect;
2. The representative of Party B shall organize the construction according to the construction organization design approved by the representative of Party A and the instructions and requirements according to the contract. In case of emergency and unable to contact with the representative of Party A, emergency measures to ensure the safety of the project and personnel life and property may be taken, and a report shall be sent to the representative of Party A within 24 hours after the measures are taken. Responsibility is in Party A. Party A shall bear the economic expenses incurred thereby, and correspondingly extend the construction period; the responsibility shall be in Party B, and Party B shall bear the expenses.
Party B’s representative Yiren 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
Party A shall complete the following work in one or several phases in accordance with the time and requirements stipulated in the terms of the agreement:
1. Handling land acquisition, compensation for young crops and forests, house demolition, clearing of ground, overhead and underground obstacles, etc., so that the construction site has construction conditions, and continue to be responsible for solving the remaining problems after the commencement of work;
2. The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place of the agreement, and the needs during the construction period shall be guaranteed;
3. The opening of the construction site and the urban and rural public roads, as well as the main traffic trunks within the construction site as stipulated in the agreement, meet the needs of construction and transportation, and ensure the 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 the approval procedures for various documents, approval documents and temporary land use, occupation of roads and special railway lines required for construction;
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection;
7. Organize Party B and the design unit to conduct the drawing review and submit the design to Party B;
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
Party A does not delay the completion of the above work in accordance with the contract, and bears the economic expenses caused thereby, and compensates Party B for the relevant losses, and the construction period is postponed accordingly.
Article 8 Party B's work
Party B shall do the following work according to the time and requirements stipulated in the terms of the agreement:
1. Within the scope permitted by the design qualification certificate, the construction drawing design or the design supporting the project shall be completed according to the requirements of the representative of Party A, and shall be used after approval by the representative of Party A.
2. Provide the Party's representative with the annual, quarterly and monthly project progress plans and corresponding progress statistics reports and engineering accident reports.
3. Provide, maintain, and maintain care, guards, fences, and guards for non-night constructions as required by the project. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred.
4. According to the quantity and requirements stipulated in the terms of the agreement, the representative 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. Comply with the local government and relevant departments on the construction site traffic and construction noise management regulations, and the relevant procedures after Party A's consent, Party A shall bear the expenses incurred, except for the fines caused by Party B's responsibility.
6. Before the project has not been delivered to Party A, Party B shall be responsible for the finished product protection work of the completed project in accordance with the terms of the agreement, and damage shall occur during the protection period, and Party B shall repair it at its own expense. The part 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 bear the repair costs incurred by Party A in case of damage in advance.
7. According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
8. Ensure that the construction site is clean and in compliance with relevant regulations. Before the handover, the site shall be cleaned up to meet the requirements of the contract file, and the losses and fines caused by violation of relevant regulations shall be borne.
If Party B fails to perform the above obligations, resulting in delays in construction period and engineering losses, Party A shall compensate for the losses.
Construction organization design and construction period
Article 9 Progress Plan
Party B shall submit the construction organization design and progress plan to Party A's representative on the date agreed in the terms of the agreement. Party A’s representatives shall approve or propose amendments at the time agreed in the terms of the agreement. If the application is overdue, it may be deemed that the construction organization design and schedule plan has been approved.
Party B must organize the construction according to the approved progress schedule, and accept the inspection and supervision of the progress of Party A's representatives. When the actual progress of the project does not match the progress plan, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and report to Party A for approval and implementation.
Article 10 Delayed construction
Party B shall begin construction according to the commencement date as stipulated in the terms of the agreement. Party B shall not start work on time and shall, within 5 days prior to the commencement date stipulated in the terms of the agreement, submit to the representative of Party A the reasons and requirements for the extension of the commencement of work. Party A’s representative replied to Party B within 3 days. If Party A's representative agrees to the extension request or does not reply within 3 days, it can be considered as having agreed to Party B's request, and the construction period will be postponed accordingly. The representative of Party A disagreed with the request for extension or Party B did not request the extension of the construction within the specified time. The date of completion will not be postponed.
After Party A has obtained the consent of Party B to notify Party B in writing, it may postpone the commencement date and bear the economic expenses caused by Party B, and correspondingly extend the construction period.
Article 11 Suspension of construction
Party A may request Party B to suspend construction when it is necessary, and submit a handling opinion within 48 hours after the request is made. Party B shall stop construction according to Party A's request, properly protect the completed project, and implement the resumption of work request after Party A's representative has disposed of the opinion. Party A's representative will continue construction after approval. Party A's representative failed to submit a handling opinion within the specified time, or did not reply within 48 hours after receiving Party B's request for a return to work. Party B may return to work on its own. The responsibility for the suspension of work shall be in Party A. Party A shall bear the economic expenses and correspondingly extend the construction period; the responsibility for the suspension shall be in Party B, and Party B shall bear the expenses incurred. If the representative of Party A fails to respond in time, the construction cannot be carried out. Party B may think that Party A has partially or completely canceled the contract, and Party A shall be liable for breach of contract.
Article 12 Delay in construction period
The delays caused by the following completion date will be confirmed by the representative of Party A, and the construction period will be postponed accordingly.
1. Engineering volume changes and design changes;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. force majeure;
4. The agreement in the contract or the consent of the representative of Party A to grant the extension.
Party B shall report to the representative of Party A within 5 days after the occurrence of the above situation, and the representative of Party A shall confirm and reply within 5 days after receiving the report. Party B shall not reply within the time limit. It can be considered that the extension request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B is liable for breach of contract.
Article 13
If the construction needs to be completed in advance, the two parties will sign an early completion agreement after the agreement, and the contract completion date can be advanced. Party B shall report to the Party A for approval according to this revision schedule. Party A shall give approval within 5 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements:
1. Advance time;
2. The rushing measures taken by Party B;
3. The conditions provided by Party A for the rush to work;
4. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
Quality and acceptance
Article 14 Inspection and Rework
Party B shall conscientiously follow the requirements of standards, norms and design and the instructions issued by Party A's representative in accordance with the contract, and accept the inspection and inspection of Party A's representatives and their assigned personnel at any time, and provide convenience for inspection and inspection, and according to Party A's representative and delegated personnel. Requires rework, modification, and bears the cost of rework and modification caused by its own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still subject to the responsibility and expenses incurred by Party B, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
The above inspections and inspections shall not affect the normal construction of the construction. If the construction is affected normally, the inspection and inspection shall be unqualified, and the expenses affecting the normal construction shall be borne by Party B. In addition, the economic expenses that affect normal construction will be borne by Party A, and the construction period will be extended accordingly.
Article 15 Project Quality Level
The quality of the project should meet the qualification requirements of the national or professional quality inspection and evaluation standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
If the party fails to meet the agreed conditions, Party A's representative may request Party B to rework, and Party B shall rework according to the 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. If Party A fails to meet the agreed conditions, Party A shall bear the economic expenses for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The quality supervision department stipulated in the terms of the agreement, the arbitration fee and the resulting losses shall be borne by the losing party.
Article 16 Concealed works and intermediate acceptance
The project shall have the intermediate acceptance site covered by the cover, cover up conditions or meet the agreed terms of the agreement. After Party B passes the self-inspection, Party B shall notify Party A to participate 48 hours before the covert and intermediate acceptance. The notice shall include the contents of Party B's self-inspection record, concealment and intermediate acceptance. Acceptance time and location. Party B prepares the acceptance record. If Party A fails to check in time, Party B may check it by itself, fill in the hidden project inspection record and send it to Party A. After Party A checks the concealed project and meets the quality standards, the inspection fee shall be borne by Party A; if it does not meet the quality standards, the inspection fee shall be borne by Party B. If Party B does not notify Party A to inspect and conceal the project by itself, Party A has the right to inspect it and the inspection fee shall be borne by Party B.
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 Test drive
The equipment installation project has a single-machine no-load test condition. Party B organizes the test run and informs the representative of Party A 48 hours before the test. The notice includes the content, time and place of the test. Party B prepares the test record. Party A provides the necessary conditions for the test run. After the test drive passes, the representative of Party A signs the test record.
The equipment installation project has the conditions of linkage no-load test, Party A organizes the test, and informs Party B 48 hours before the test. The notice includes the content, time, place and requirements for preparation work of Party B. Party B shall prepare for the preparation work and test drive as required. After the test drive is passed, both parties will sign the test record before they can complete the acceptance check.
Due to design reasons, the test vehicle failed to meet the acceptance requirements. Party A is responsible for modifying the design, and Party B redesigns it according to the revised design. Party A shall bear the economic expenses for modifying the design cost, dismantling and re-installation, and the construction period shall be postponed accordingly.
If the test is not up to the acceptance requirements due to equipment manufacturing reasons, the purchasing party of the equipment shall be responsible for re-purchase or repair, and Party B shall be responsible for the dismantling and re-installation. The equipment shall be purchased by Party B. Party B shall bear the expenses for repair or re-purchase, dismantling and re-installation. The construction period shall not be postponed; the equipment shall be purchased by Party A, and Party A shall bear the above-mentioned various economic expenses, and the construction period shall be postponed accordingly.
Due to the construction reasons of Party B, the test of the vehicle failed to meet the acceptance requirements, and the representative of Party A proposed amendments within 24 hours after the test. After the modification, Party B will re-test the vehicle and bear the cost of modification and re-commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by Party A unless it is included in the contract price or otherwise agreed in the terms of the agreement.
The representative of Party A did not propose any amendments at the specified time, or the test drive was not signed on the test record. After the end of the test run, the record will take effect on its own, and Party B may continue construction or complete the completion procedures.
Article 18 Acceptance and re-inspection
Party A's representatives cannot participate in the acceptance or test on time. They must submit an extension request to Party B 24 hours before the start of acceptance or test, and the extension cannot exceed two days. Party A's representative failed to submit an extension request according to the above time, and did not participate in the acceptance or test drive. Party B may organize the acceptance or test drive by itself, and Party A shall acknowledge the acceptance or test record.
Contract price and payment
Article 19: Contract price and adjustment
After the contract price is stipulated in the terms of the agreement, neither party may change it without authorization. Adjustments may be made by agreement in the terms of the agreement or in any of the following circumstances.
1. The increase or decrease in the amount of work confirmed by the representative of Party A;
2. A design change or project negotiation confirmed by the representative of Party A;
3. Price adjustment announced by the project cost management department;
4. During the week, non-Party B caused water cuts, power outages, and gas outages for more than 8 hours;
5. Other additions, subtractions or adjustments to the contractual agreement.
Party B shall notify the representative of Party A in writing within 10 days after the occurrence of the above-mentioned situation, and notify the handling bank and Party B after the approval of Party A's representative. If Party A's representative does not reply within 10 days after receiving the notice from Party B, it is deemed to have been approved.
Article 20 Prepayment of construction funds
Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the terms of the agreement, and deduct it from time to time according to the time and proportion agreed in the terms of the agreement. Party A does not prepay according to the agreement. Party B will send a notice to Party A for prepayment 10 days after the agreed prepayment time. Party A will not be able to prepay according to the requirements after receiving the notice. Party B can stop the construction 5 days after the notice is given. Party A will From the date of payment, Party B shall pay interest on the payables and bear the liability for breach of contract.
Article 21 Verification of the quantity of work
Party B shall submit the report of the completed amount of work to the representative of Party A according to the time agreed in the terms of the agreement. Party A shall verify the completed project quantity according to the design drawings within 3 days after receiving the report, and notify Party B 24 hours before the measurement. Party B provides convenience for measurement and sends people to participate. Party B shall not participate in the measurement without justified reasons. Party A shall conduct the measurement on its own, and the measurement result shall be deemed valid as the basis for payment of the project price. Party A's representative has not measured within 3 days after receiving Party B's report. From the 4th day, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project price. The representative of Party A shall not notify Party B according to the agreed time, so that Party B cannot participate in the measurement and the measurement result is invalid.
Party A's representative will not measure the amount of work that Party B has exceeded the requirements of the design drawings and the amount of work that will be reworked due to its own reasons.
Article 22 Payment of construction funds
Party A shall calculate and pay the project price according to the time and method agreed upon by the terms of the agreement and the amount of work confirmed by the representative of Party A according to the unit price and the fee collection standard of the corresponding items constituting the contract price. Party A shall not pay within 10 days after signing the representative's signature, Party B may issue a notice to Party A requesting payment. Party A shall not be able to pay as required after receiving Party B's notice. Party B may stop construction after 5 days of notice. Party A assumes responsibility for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment of the project price. The agreement shall clearly stipulate the date of payment and the interest rate for the payment of the project price from the 11th day after Party A's measurement signature.
Material equipment supply
Article 23 Party A supplies materials and equipment
Party A shall provide Party B with the material equipment and its product qualification certificate in accordance with the type, specification, quantity, unit price, quality grade and list of time and place of materials agreed upon in the terms of the agreement. The representative of Party A shall send the notice to Party B 24 hours before the acceptance of the materials and equipment, and Party B shall send the person to check with Party A. Regardless of whether Party B sends personnel to participate in the acceptance, Party B shall keep it in good condition after acceptance, and Party A shall pay the corresponding storage fee. Party A shall not notify Party B of the acceptance of damage during the storage period. Party A shall not be responsible for the storage of materials and equipment, and Party A shall be responsible for the damage.
The materials and equipment supplied by Party A do not match the list, and are handled separately as follows:
1. The unit price of the material equipment does not match the list, and Party A bears all the price differences.
2. The type, specification and quality level of the material equipment do not match the list. Party B may refuse to accept the storage and shall be transported out of the construction site by Party A and re-purchased. If the equipment cannot be unpacked when the equipment arrives, only the number of boxes can be checked. When Party B opens the box, Party A must be present to present the missing parts or quality grades, specifications and specifications are inconsistent, and Party A is responsible for making up the missing parts or repurchasing.
3. Party A's supply materials do not conform to the specifications of the list, and Party B can exchange and replace them on behalf of Party A. Party A bears the corresponding economic expenses.
4. The arrival location does not match the list, and Party A is responsible for the shipment to the designated location of the list.
5. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When more than the agreed quantity, Party A is responsible for transporting the excess part out of the construction site.
6. The supply time is earlier than the agreed date of the list, and Party A shall bear the custody expenses incurred as a result.
For the above reasons or later than the list of supply time, Party A shall bear the corresponding economic expenditure. Delays occurred and the construction period was delayed accordingly. Party A’s compensation resulted in Party B’s losses.
After passing the inspection by Party B, it is found that there is any inconsistency with the specifications and quality level of the list. Party A shall still bear the economic expenses for re-purchasing and dismantling reconstruction, and correspondingly extend the construction period.
Article 24 Party B purchases materials and equipment
Party B shall, in accordance with the terms of the agreement, purchase the materials and equipment required for the project in accordance with the requirements of the design and specifications, and provide the product qualification certificate. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that do not conform to the design and specification requirements, Party A's representative refuses to accept the inspection. Party B shall ship the construction site at the time required by Party A's representative, re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. Party A cannot accept the inspection on time. After the acceptance, it is found that the materials and equipment do not meet the specifications and design 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.
According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. When Party A uses it, Party A shall bear the economic expenses incurred; when it is used by Party B, Party B shall bear the expenses incurred.
Design changes
Article 25 Design Changes
Party B's change of the original design shall be subject to the approval of Party A's representative, and Party A shall obtain the following approval:
When the original design standards and scale are exceeded, the original design and planning review department shall approve the investment and material indicators;
Send the original design unit for review and obtain the corresponding drawings and instructions
Party A shall make changes to the original design during the construction. After obtaining the above two approvals, Party B shall send a notice of change to Party B, and Party B shall change according to the notice. Otherwise, Party B has the right to refuse the change.
After the two parties handle the change and negotiate, Party B shall make the following changes as requested by Party A's representative:
1. Increase or decrease the number of projects agreed 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 project.
Article 26 Determination of the price of the change
After the change agreed in Article 24 occurs, Party B shall propose to change the price according to the following methods within the time negotiated by both parties, and report the contract price and completion date after approval by Party A's representative:
1. There is already a price applicable to the change project in the contract, and the contract price is calculated according to the existing price of the contract.
paragraph;
2. There is only a price similar to the change in the contract, which can be used as a basis to determine the price change and change the contract price;
3. There is no similar and applicable price in the contract. Party B proposes an appropriate price change and sends it to the representative of Party A for approval.
Party A's representative cannot agree to the price change proposed by Party B. Within 10 days after Party B's proposal, Party B will notify Party B to request the project cost management department to rule that there is still a protest against the ruling and resolve it according to the method stipulated in Article 30.
Completion and settlement
Article 27 Completion Acceptance
The project has the conditions for completion and acceptance, and Party B shall provide Party A's representative with complete completion information and completion acceptance report in accordance with the relevant provisions of the national project completion. Submit the as-built drawings to Party A according to the date and number of copies agreed upon in the terms of the agreement. After receiving the completion acceptance report, Party A organizes the relevant departments to accept the acceptance within the time specified in the terms of the agreement, and approves or proposes amendments within 5 days after acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative will not organize the acceptance within 10 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 5 days after acceptance, and cannot propose amendments. It can be considered that the completion acceptance report has been approved. Settlement procedures.
The date of completion is the date on which Party B submits the completion acceptance report. If it is necessary to modify the completion requirements, it shall be the date on which Party B will submit the acceptance after Party B has revised it.
Party A shall not organize the inspection and acceptance according to the agreed date of the agreement, and shall bear the project storage expenses from the day after the last day of the agreed time limit.
For special reasons, when some units of the project and parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 28 Completion settlement
After the completion report is approved, Party B shall submit a settlement report to the representative of Party A in accordance with the relevant provisions of the State and the time and manner agreed in the terms of the agreement, and shall complete the settlement and settlement. After receiving the settlement report, Party A's representative shall promptly approve or propose amendments, and send the appropriation notice to the handling bank within the time limit agreed in the agreement, and send a copy to Party B. After the bank audit, the project payment will be paid to Party B. Party B will deliver the completed project to Party A within 15 days after receiving the project payment.
As Party A violates relevant regulations and agreements, the handling bank cannot pay the construction cost, and Party B may retain some or all of the works and protect them properly. Party A shall bear the protection costs.
Party A shall not settle the settlement within 30 days after receiving the completion report without proper reasons. From the 31st day, the interest of the construction enterprise shall be paid according to the interest rate of the project to the bank, and the liability for breach of contract shall be borne.
Article 29 Quality Assurance Period
Party B shall carry out the warranty and pay the warranty according to the warranty items, contents, scope, duration, warranty amount and payment method stipulated in the relevant provisions of the State and the terms of the agreement.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For projects that are subject to individual acceptance, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send personnel to repair within 10 days after receiving the notice of repair. Otherwise, Party A may entrust other units or personnel to repair. If the cost of repair is caused by Party B, Party A shall deduct the amount from the warranty, and the insufficient part shall be delivered by Party B. Party A shall bear the economic expenses for repairs due to reasons other than Party B.
If a certain amount of the contract price is used, and Party A shall pay the warranty method in Party B's project payment, Party A shall settle within 20 days after the expiration of the warranty period, and the remaining warranty shall be together with the interest rate accrued according to the agreed terms. Party B will be returned, and the short part will be delivered by Party B.
Disputes, breach of contract and claims
Article 30 Disputes
If Party A and Party B have disputes over the contract and require mediation, arbitration or prosecution, they may be resolved in one or more of the following ways as agreed in the terms of the agreement:
1. Request mediation from the unit or personnel agreed in the terms of the agreement;
2. Apply to the arbitration authority with jurisdiction for arbitration;
3. Prosecuted to a people's court with jurisdiction.
After the dispute arises, both parties shall continue to perform the contract except for the following circumstances, keep the construction continuous, and protect the completed project.
1. The contract has indeed been unable to perform;
2. The two parties agreed to stop construction;
3. Mediation requires the construction to be stopped and accepted by both parties;
4. The arbitration institution requested to stop the construction;
5. The court requested that construction be stopped.
Article 31: Default
Party A's representatives cannot give necessary instructions, confirmations, and approvals in a timely manner. If they fail to perform their obligations, payment, and other acts that prevent the contract from being fulfilled, they shall be liable for breach of contract and correspondingly extend the construction period; Payment of liquidated damages and compensation for losses caused by breach of contract to Party B.
If Party B causes the quality of the construction project to be inconsistent with the contract, Party A has the right to request Party B to repair or rework or rebuild it without compensation within a reasonable period of time. After repair or rework or alteration, if Party B is overdue, Party B shall be liable for breach of contract.
If Party B causes the quality of the construction project to be inconsistent with the contract and causes personal and property damage, Party B shall be liable for damages.
Unless the parties agree to terminate the contract, or if the contract fails to perform due to a breach of contract by one party, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.
If one party breaches the contract and the contract cannot be fulfilled, and the other party wants to suspend or cancel the entire contract, it shall notify the defaulting party 10 days in advance before the contract can be suspended or terminated, and the defaulting party shall be liable for breach of contract. However, if the defaulting party’s delay in performance or other breach of contract causes serious impact on the economic benefits expected of the contract, the other party may cancel the contract without prompting.
Article 32 Claims
Party A fails to pay various fees as agreed in the contract, delays the construction period, and compensates for losses. Party B may claim against Party A according to the following provisions:
1. Have a legitimate claim and have relevant evidence at the time of the claim;
2. Within 20 days after the claim event, Party A will issue a notice requesting compensation to the party;
3. Party A shall give approval within 10 days after receiving the notice of claim, or ask Party B to further supplement the claim reason and evidence. If Party A fails to reply within 10 days, it shall be deemed that the claim has been approved.
other
Article 33 Safety Construction
Party B shall take strict safety precautions in accordance with relevant regulations, and shall bear the responsibility for the accidents caused by the ineffectiveness of its own safety measures and the expenses incurred thereby. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
In the event of a major casualty, Party B shall promptly report to the relevant department and notify Party A's representative in accordance with relevant regulations. At the same time, according to the requirements of the relevant government departments. Party A provides the necessary conditions for the rescue. The expenses incurred shall be borne by the responsible party responsible for the accident.
Party B shall submit safety protection measures to the representatives of Party A before the construction of power equipment, high-voltage lines, underground passages, sealed earthquake-proof workshops, inflammable and explosive areas and traffic-oriented roads, and shall be implemented after approval by Party A's representatives. Party A shall bear the cost of protection measures.
In the construction of toxic and harmful environment, Party A shall provide corresponding protective measures in accordance with relevant regulations and bear relevant economic expenditures.
Article 34: Patent Technology, Special Processes and Rationalization Suggestions
Party A requires the use of patented technology and special processes, and is responsible for handling the corresponding declaration, examination and approval procedures, and undertaking declarations and trials. Party B shall use it according to Party A's requirements and be responsible for testing and other related work. Party B proposes to use the patented technology and special technology, and submit it to the representative of Party A for approval according to the above agreement.
Party B's proposal for rationalization involves changes to the drawings, design and construction organization design and the replacement of the original materials and equipment, which must be approved by the representative of Party A.
以上發生的費用和獲得的收益，雙方按協定分攤或分享。
第三十五條地下障礙和文物
乙方在施工中發現文物、古墓、古建築基礎和結構、化石、錢幣等有考古、地質研究等價值的物品或其他影響施工的地下障礙物時，應在４小時內通知甲方代表，並報告有關管理部門和採取有效保護措施。甲方代表應在收到通知後１２小時內對乙方採取的措施給予批準或提出處理意見。甲方承擔保護措施的費用，延誤的工期相應順延。
第三十六條工程分包
乙方可按投標書和協定條款約定分包部分工程。
乙方與分包單位簽訂分包契約後，將副本送甲方代表。分包契約與本契約發生抵觸，以本契約為準。
分包契約不能解除乙方任何義務與責任。乙方應在分包場地派駐相應監督管理人員，保證契約的履行。分包單位的任何違約或疏忽，均視為乙方的違約或疏忽。
除協定條款另有約定，分包工程價款由乙方與分包單位結算。
第三十七條不可抗力
不可抗力發生後，乙方應迅速採取措施，盡力減少損失，並在２４小時內向甲方代表通報情況，按協定條款約定的時間向甲方報告損失情況和清理、修復的費用。
不可抗力發生後，乙方應每隔１０天向甲方報告一次損失情況。
因不可抗力發生的費用由雙方分別承擔：
1.工程本身的損害由甲方承擔；
2.人員傷亡由其所屬單位負責，並承擔相應費用；
3.造成乙方設備、機械的損壞及停工等損失，由乙方承擔；
4.所需清理修復工作的責任與費用的承擔，雙方另簽補充協定約定。
不可抗力的認定標準是＿＿＿＿＿＿＿。
第三十八條保險
甲方按協定條款的約定，辦理建築工程和在施工場地甲方人員及第三方人員生命財產和保險。
乙方辦理自己在施工場地人員生命財產和機械設備的保險。
投保後發生事故，乙方應在１５天內向甲方提供損失情況和估價的報告，如損害繼續發生，乙方在１５天後每１０天報告一次，直到損害結束。
第三十九條工程停建或緩建
由於政策變化、不可抗力以及甲乙雙方之外原因導致工程停建或緩建，使契約不能繼續履行，乙方應妥善做好已完工程和已購材料、設備的保護和移交工作；按甲方要求將自有機械設備和人員撤出施工現場。甲方應為乙方撤出提供必要條件，支付以上的經濟支出，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經訂貨的材料、設備由訂方負責退貨，不能退還的貨款和退貨發生的費用，由甲方承擔。但未及時退貨造成的損失由責任方承擔。
第四十條契約的生效與終止
本契約自協定條款約定的生效之日起生效。在竣工結算、甲方支付完畢，乙方將工程交付甲方後，除有關保修條款仍然生效外，其他條款即告終止，保修期滿後，有關保修條款終止。
第四十一條契約份數
契約正本兩份，具有同等效力，由甲乙雙方簽字蓋章後分別儲存。副本份數按協定條款約定，由甲乙雙方分送有關部門
The meaning of the first word. The construction project construction contract text is composed of the construction project construction contract conditions and the construction project construction contract agreement terms. Its terminology shall have the meaning ascribed to it in this article, unless otherwise agreed in the terms of the agreement.
1. Employer: The party that has the ability to issue the main information of the contract and the ability to pay the project price as agreed in the terms of the agreement.
2. Party A's representative at the construction site: Party A's representative in the terms of the agreement.
3. Contractor: The parties agreed in the terms of the agreement that have the qualification of the contracting entity and are accepted by the contracting party.
4. Party B's representative at the construction site: Party B's representative in the terms of the agreement.
5. Social supervision: Party A entrusts the project supervision unit or personnel with legal qualifications to supervise the project.
6. Chief Engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: A design unit entrusted by Party A with the corresponding qualification level.
8. Project cost management department: the relevant departments of the State Council, the construction administrative departments at all levels or their authorized project cost management departments.
9. Engineering quality supervision department: relevant departments of the State Council, construction administrative departments at all levels or their authorized engineering quality supervision agencies.
10. Engineering: A permanent project in which the terms of the agreement stipulate specific content.
11. Contract price: Calculated according to the various fees and fees stipulated in the relevant provisions or the terms of the agreement, to pay the total amount of the price of the project completed by Party B in accordance with the contract.
12. Economic expenditure: The contract price that has been incurred during construction and paid by Party A to increase the budget.
13. Cost: Party A needs to pay directly for the expenses other than the contract price and the expenses that Party B should bear.
14. Duration: The contract period agreed in the terms of the agreement.
15. Start date: The date of commencement of the project as agreed in the terms of the agreement.
16. Completion date: The date of completion of the project as agreed in the terms of the agreement.
17. Drawings: All drawings provided by Party A or approved by Party A and approved by Party B for construction.
18. Construction site: The site specified in the general plan of the construction site in the construction organization design or construction plan approved by Party A.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters, confirmed telegrams, telexes, etc., handwritten, typed, rewritten, printed according to the contract.
20. Force majeure: refers to natural disasters caused by war, turmoil, falling of flying objects or other non-A and Party B responsibilities, fires, and wind, rain, snow, earthquakes, etc., which are stipulated in the terms of the agreement.
21. Terms of the agreement: a written agreement signed by Party A and Party B after consultation with specific projects.
Article 2 Contract File and Order of Interpretation
The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation are as follows:
1. Terms of the agreement;
2. Contractual conditions;
3. Minutes and agreements that clarify the rights and obligations of both parties, such as negotiation and change;
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 information and technical requirements;
7. Letters, faxes, and e-mails confirmed by both parties.
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, they shall be resolved in accordance with the method stipulated in Article 30.
Article 3 The language, standards and applicable laws used in the contract file. The contract file is written and explained and explained in minority languages as agreed in Chinese or in the terms of the agreement.
The law applicable to the contract file is the departmental regulation or the local regulations of the project where the laws, regulations and agreements of the state are stipulated.
The national standards and norms stipulated in the terms of the agreement must be used in the construction; if there is no corresponding standard or standard in the country, the standards or specifications of the place specified by the terms of the agreement or the place where the project is located may be used. Party A shall provide Party B with two agreed standards and specifications at the time agreed upon in the terms of the agreement.
When there is no corresponding standard or standard in China, Party B shall submit the construction process according to the time and requirements stipulated in the terms of the agreement, and shall be implemented after the approval of Party A's representative; if Party A requests to use foreign standards or specifications, it shall be responsible for providing the Chinese translation. The costs of purchase, translation and standardization and standardization incurred in this Article shall be borne by Party A.
The fourth drawing. Party A shall provide Party B with complete construction drawings before the 15th day of the commencement date in accordance with the date and number of parts agreed upon in the terms of the agreement, and Party B shall complete the confidentiality of the drawings in accordance with the terms of the agreement. The costs of measures requiring special confidentiality shall be borne by Party A. Party B needs to increase the number of drawings, Party A shall copy it on its behalf, and the copying fee shall be borne by Party B.
General responsibility of both parties
Article 5 Representative of Party A
Party A shall appoint a representative at the construction site to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract:
1. Party A’s representatives may appoint relevant management personnel to assume part of their powers and responsibilities and may withdraw such facts at any time. Both the delegation and the withdrawal shall be notified to Party B 5 days in advance.
2. The instructions and notices of the representative of Party A shall be signed and submitted to the representative of Party B in writing, and the representative of Party B shall take effect after the receipt of the name and the time of receipt. If necessary, Party A’s representative may issue an export order and provide written confirmation within 48 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 3 days after Party A's representative issues the export order. Party A's representative will not reply within 3 days after Party B submits the confirmation request, and shall be deemed that Party B's request has been confirm. Party B believes that Party A’s representative’s instructions are unreasonable and should submit a written notice within 24 hours after receiving the order. Party A’s representative shall make a modification order or continue to execute the original order within 24 hours after receiving Party B’s application, and notify 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, in accordance with the contract, promptly provide Party B with the required instructions, approvals, drawings and other obligations. Otherwise, Party B shall notify Party A of the specific requirements, the reasons for the reasons and the consequences of the delay within 24 hours after the agreed time. Party A shall not reply within 48 hours after receiving the notice, and shall bear the economic expenses caused thereby, and postpone the delay of the construction period, and compensate Party B for the relevant losses.
In the implementation of the social supervision project, the chief engineer engineer entrusted by Party A shall partially or fully exercise the power of the representative of Party A in the contract in accordance with the terms of the agreement, and perform the duties of the representative of Party A, but shall not be entitled to discharge the obligations of Party B in the contract.
Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 6 Representatives of Party B in the construction site
Party B shall appoint the person in charge of the place to exercise the powers stipulated in the contract in accordance with the following requirements and perform the duties stipulated in the contract;
1. Party B's request, request and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect;
2. The representative of Party B shall organize the construction according to the construction organization design approved by the representative of Party A and the instructions and requirements according to the contract. In case of emergency and unable to contact with the representative of Party A, emergency measures to ensure the safety of the project and personnel life and property may be taken, and a report shall be sent to the representative of Party A within 24 hours after the measures are taken. Responsibility is in Party A. Party A shall bear the economic expenses incurred thereby, and correspondingly extend the construction period; the responsibility shall be in Party B, and Party B shall bear the expenses.
Party B’s representative Yiren 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
Party A shall complete the following work in one or several phases in accordance with the time and requirements stipulated in the terms of the agreement:
1. Handling land acquisition, compensation for young crops and forests, house demolition, clearing of ground, overhead and underground obstacles, etc., so that the construction site has construction conditions, and continue to be responsible for solving the remaining problems after the commencement of work;
2. The water, electricity and telecommunications lines required for construction shall be connected from the outside of the construction site to the agreed place of the agreement, and the needs during the construction period shall be guaranteed;
3. The opening of the construction site and the urban and rural public roads, as well as the main traffic trunks within the construction site as stipulated in the agreement, meet the needs of construction and transportation, and ensure the 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 the approval procedures for various documents, approval documents and temporary land use, occupation of roads and special railway lines required for construction;
6. Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection;
7. Organize Party B and the design unit to conduct the drawing review and submit the design to Party B;
8. Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
Party A does not delay the completion of the above work in accordance with the contract, and bears the economic expenses caused thereby, and compensates Party B for the relevant losses, and the construction period is postponed accordingly.
Article 8 Party B's work
Party B shall do the following work according to the time and requirements stipulated in the terms of the agreement:
1. Within the scope permitted by the design qualification certificate, the construction drawing design or the design supporting the project shall be completed according to the requirements of the representative of Party A, and shall be used after approval by the representative of Party A.
2. Provide the Party's representative with the annual, quarterly and monthly project progress plans and corresponding progress statistics reports and engineering accident reports.
3. Provide, maintain, and maintain care, guards, fences, and guards for non-night constructions as required by the project. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility and expenses incurred.
4. According to the quantity and requirements stipulated in the terms of the agreement, the representative 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. Comply with the local government and relevant departments on the construction site traffic and construction noise management regulations, and the relevant procedures after Party A's consent, Party A shall bear the expenses incurred, except for the fines caused by Party B's responsibility.
6. Before the project has not been delivered to Party A, Party B shall be responsible for the finished product protection work of the completed project in accordance with the terms of the agreement, and damage shall occur during the protection period, and Party B shall repair it at its own expense. The part 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 bear the repair costs incurred by Party A in case of damage in advance.
7. According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
8. Ensure that the construction site is clean and in compliance with relevant regulations. Before the handover, the site shall be cleaned up to meet the requirements of the contract file, and the losses and fines caused by violation of relevant regulations shall be borne.
If Party B fails to perform the above obligations, resulting in delays in construction period and engineering losses, Party A shall compensate for the losses.
Construction organization design and construction period
Article 9 Progress Plan
Party B shall submit the construction organization design and progress plan to Party A's representative on the date agreed in the terms of the agreement. Party A’s representatives shall approve or propose amendments at the time agreed in the terms of the agreement. If the application is overdue, it may be deemed that the construction organization design and schedule plan has been approved.
Party B must organize the construction according to the approved progress schedule, and accept the inspection and supervision of the progress of Party A's representatives. When the actual progress of the project does not match the progress plan, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and report to Party A for approval and implementation.
Article 10 Delayed construction
Party B shall begin construction according to the commencement date as stipulated in the terms of the agreement. Party B shall not start work on time and shall, within 5 days prior to the commencement date stipulated in the terms of the agreement, submit to the representative of Party A the reasons and requirements for the extension of the commencement of work. Party A’s representative replied to Party B within 3 days. If Party A's representative agrees to the extension request or does not reply within 3 days, it can be considered as having agreed to Party B's request, and the construction period will be postponed accordingly. The representative of Party A disagreed with the request for extension or Party B did not request the extension of the construction within the specified time. The date of completion will not be postponed.
After Party A has obtained the consent of Party B to notify Party B in writing, it may postpone the commencement date and bear the economic expenses caused by Party B, and correspondingly extend the construction period.
Article 11 Suspension of construction
Party A may request Party B to suspend construction when it is necessary, and submit a handling opinion within 48 hours after the request is made. Party B shall stop construction according to Party A's request, properly protect the completed project, and implement the resumption of work request after Party A's representative has disposed of the opinion. Party A's representative will continue construction after approval. Party A's representative failed to submit a handling opinion within the specified time, or did not reply within 48 hours after receiving Party B's request for a return to work. Party B may return to work on its own. The responsibility for the suspension of work shall be in Party A. Party A shall bear the economic expenses and correspondingly extend the construction period; the responsibility for the suspension shall be in Party B, and Party B shall bear the expenses incurred. If the representative of Party A fails to respond in time, the construction cannot be carried out. Party B may think that Party A has partially or completely canceled the contract, and Party A shall be liable for breach of contract.
Article 12 Delay in construction period
The delays caused by the following completion date will be confirmed by the representative of Party A, and the construction period will be postponed accordingly.
1. Engineering volume changes and design changes;
2. Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
3. force majeure;
4. The agreement in the contract or the consent of the representative of Party A to grant the extension.
Party B shall report to the representative of Party A within 5 days after the occurrence of the above situation, and the representative of Party A shall confirm and reply within 5 days after receiving the report. Party B shall not reply within the time limit. It can be considered that the extension request has been confirmed.
For the above reasons, the project cannot be completed according to the contractual period, and Party B is liable for breach of contract.
Article 13
If the construction needs to be completed in advance, the two parties will sign an early completion agreement after the agreement, and the contract completion date can be advanced. Party B shall report to the Party A for approval according to this revision schedule. Party A shall give approval within 5 days and provide convenient conditions for rushing. The early completion agreement includes the following main elements:
1. Advance time;
2. The rushing measures taken by Party B;
3. The conditions provided by Party A for the rush to work;
4. Economic expenditures and commitments for the hurrying measures;
5. The sharing of early completion income.
Quality and acceptance
Article 14 Inspection and Rework
Party B shall conscientiously follow the requirements of standards, norms and design and the instructions issued by Party A's representative in accordance with the contract, and accept the inspection and inspection of Party A's representatives and their assigned personnel at any time, and provide convenience for inspection and inspection, and according to Party A's representative and delegated personnel. Requires rework, modification, and bears the cost of rework and modification caused by its own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons.
After the above inspections passed the inspection, it was found that the quality problems caused by Party B were still subject to the responsibility and expenses incurred by Party B, and the relevant losses of Party A were compensated, and the construction period was postponed accordingly.
The above inspections and inspections shall not affect the normal construction of the construction. If the construction is affected normally, the inspection and inspection shall be unqualified, and the expenses affecting the normal construction shall be borne by Party B. In addition, the economic expenses that affect normal construction will be borne by Party A, and the construction period will be extended accordingly.
Article 15 Project Quality Level
The quality of the project should meet the qualification requirements of the national or professional quality inspection and evaluation standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure shall be paid, and the impact on the construction period shall be extended accordingly.
If the party fails to meet the agreed conditions, Party A's representative may request Party B to rework, and Party B shall rework according to the 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. If Party A fails to meet the agreed conditions, Party A shall bear the economic expenses for rework, and the construction period shall be postponed accordingly.
Both parties have disputes over the quality of the project. The quality supervision department stipulated in the terms of the agreement, the arbitration fee and the resulting losses shall be borne by the losing party.
Article 16 Concealed works and intermediate acceptance
The project shall have the intermediate acceptance site covered by the cover, cover up conditions or meet the agreed terms of the agreement. After Party B passes the self-inspection, Party B shall notify Party A to participate 48 hours before the covert and intermediate acceptance. The notice shall include the contents of Party B's self-inspection record, concealment and intermediate acceptance. Acceptance time and location. Party B prepares the acceptance record. If Party A fails to check in time, Party B may check it by itself, fill in the hidden project inspection record and send it to Party A. After Party A checks the concealed project and meets the quality standards, the inspection fee shall be borne by Party A; if it does not meet the quality standards, the inspection fee shall be borne by Party B. If Party B does not notify Party A to inspect and conceal the project by itself, Party A has the right to inspect it and the inspection fee shall be borne by Party B.
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 Test drive
The equipment installation project has a single-machine no-load test condition. Party B organizes the test run and informs the representative of Party A 48 hours before the test. The notice includes the content, time and place of the test. Party B prepares the test record. Party A provides the necessary conditions for the test run. After the test drive passes, the representative of Party A signs the test record.
The equipment installation project has the conditions of linkage no-load test, Party A organizes the test, and informs Party B 48 hours before the test. The notice includes the content, time, place and requirements for preparation work of Party B. Party B shall prepare for the preparation work and test drive as required. After the test drive is passed, both parties will sign the test record before they can complete the acceptance check.
Due to design reasons, the test vehicle failed to meet the acceptance requirements. Party A is responsible for modifying the design, and Party B redesigns it according to the revised design. Party A shall bear the economic expenses for modifying the design cost, dismantling and re-installation, and the construction period shall be postponed accordingly.
If the test is not up to the acceptance requirements due to equipment manufacturing reasons, the purchasing party of the equipment shall be responsible for re-purchase or repair, and Party B shall be responsible for the dismantling and re-installation. The equipment shall be purchased by Party B. Party B shall bear the expenses for repair or re-purchase, dismantling and re-installation. The construction period shall not be postponed; the equipment shall be purchased by Party A, and Party A shall bear the above-mentioned various economic expenses, and the construction period shall be postponed accordingly.
Due to the construction reasons of Party B, the test of the vehicle failed to meet the acceptance requirements, and the representative of Party A proposed amendments within 24 hours after the test. After the modification, Party B will re-test the vehicle and bear the cost of modification and re-commissioning. The construction period will not be postponed.
The commissioning fee shall be borne by Party A unless it is included in the contract price or otherwise agreed in the terms of the agreement.
The representative of Party A did not propose any amendments at the specified time, or the test drive was not signed on the test record. After the end of the test run, the record will take effect on its own, and Party B may continue construction or complete the completion procedures.
Article 18 Acceptance and re-inspection
Party A's representatives cannot participate in the acceptance or test on time. They must submit an extension request to Party B 24 hours before the start of acceptance or test, and the extension cannot exceed two days. Party A's representative failed to submit an extension request according to the above time, and did not participate in the acceptance or test drive. Party B may organize the acceptance or test drive by itself, and Party A shall acknowledge the acceptance or test record.
Contract price and payment
Article 19: Contract price and adjustment
After the contract price is stipulated in the terms of the agreement, neither party may change it without authorization. Adjustments may be made by agreement in the terms of the agreement or in any of the following circumstances.
1. The increase or decrease in the amount of work confirmed by the representative of Party A;
2. A design change or project negotiation confirmed by the representative of Party A;
3. Price adjustment announced by the project cost management department;
4. During the week, non-Party B caused water cuts, power outages, and gas outages for more than 8 hours;
5. Other additions, subtractions or adjustments to the contractual agreement.
Party B shall notify the representative of Party A in writing within 10 days after the occurrence of the above-mentioned situation, and notify the handling bank and Party B after the approval of Party A's representative. If Party A's representative does not reply within 10 days after receiving the notice from Party B, it is deemed to have been approved.
Article 20 Prepayment of construction funds
Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the terms of the agreement, and deduct it from time to time according to the time and proportion agreed in the terms of the agreement. Party A does not prepay according to the agreement. Party B will send a notice to Party A for prepayment 10 days after the agreed prepayment time. Party A will not be able to prepay according to the requirements after receiving the notice. Party B can stop the construction 5 days after the notice is given. Party A will From the date of payment, Party B shall pay interest on the payables and bear the liability for breach of contract.
Article 21 Verification of the quantity of work
Party B shall submit the report of the completed amount of work to the representative of Party A according to the time agreed in the terms of the agreement. Party A shall verify the completed project quantity according to the design drawings within 3 days after receiving the report, and notify Party B 24 hours before the measurement. Party B provides convenience for measurement and sends people to participate. Party B shall not participate in the measurement without justified reasons. Party A shall conduct the measurement on its own, and the measurement result shall be deemed valid as the basis for payment of the project price. Party A's representative has not measured within 3 days after receiving Party B's report. From the 4th day, the amount of work listed in Party B's report is deemed to have been confirmed as the basis for payment of the project price. The representative of Party A shall not notify Party B according to the agreed time, so that Party B cannot participate in the measurement and the measurement result is invalid.
Party A's representative will not measure the amount of work that Party B has exceeded the requirements of the design drawings and the amount of work that will be reworked due to its own reasons.
Article 22 Payment of construction funds
Party A shall calculate and pay the project price according to the time and method agreed upon by the terms of the agreement and the amount of work confirmed by the representative of Party A according to the unit price and the fee collection standard of the corresponding items constituting the contract price. Party A shall not pay within 10 days after signing the representative's signature, Party B may issue a notice to Party A requesting payment. Party A shall not be able to pay as required after receiving Party B's notice. Party B may stop construction after 5 days of notice. Party A assumes responsibility for breach of contract.
After Party B agrees and signs the agreement, Party A may postpone the payment of the project price. The agreement shall clearly stipulate the date of payment and the interest rate for the payment of the project price from the 11th day after Party A's measurement signature.
Material equipment supply
Article 23 Party A supplies materials and equipment
Party A shall provide Party B with the material equipment and its product qualification certificate in accordance with the type, specification, quantity, unit price, quality grade and list of time and place of materials agreed upon in the terms of the agreement. The representative of Party A shall send the notice to Party B 24 hours before the acceptance of the materials and equipment, and Party B shall send the person to check with Party A. Regardless of whether Party B sends personnel to participate in the acceptance, Party B shall keep it in good condition after acceptance, and Party A shall pay the corresponding storage fee. Party A shall not notify Party B of the acceptance of damage during the storage period. Party A shall not be responsible for the storage of materials and equipment, and Party A shall be responsible for the damage.
The materials and equipment supplied by Party A do not match the list, and are handled separately as follows:
1. The unit price of the material equipment does not match the list, and Party A bears all the price differences.
2. The type, specification and quality level of the material equipment do not match the list. Party B may refuse to accept the storage and shall be transported out of the construction site by Party A and re-purchased. If the equipment cannot be unpacked when the equipment arrives, only the number of boxes can be checked. When Party B opens the box, Party A must be present to present the missing parts or quality grades, specifications and specifications are inconsistent, and Party A is responsible for making up the missing parts or repurchasing.
3. Party A's supply materials do not conform to the specifications of the list, and Party B can exchange and replace them on behalf of Party A. Party A bears the corresponding economic expenses.
4. The arrival location does not match the list, and Party A is responsible for the shipment to the designated location of the list.
5. When the quantity supplied is less than the agreed quantity in the list, Party A will complete the quantity. When more than the agreed quantity, Party A is responsible for transporting the excess part out of the construction site.
6. The supply time is earlier than the agreed date of the list, and Party A shall bear the custody expenses incurred as a result.
For the above reasons or later than the list of supply time, Party A shall bear the corresponding economic expenditure. Delays occurred and the construction period was delayed accordingly. Party A’s compensation resulted in Party B’s losses.
After passing the inspection by Party B, it is found that there is any inconsistency with the specifications and quality level of the list. Party A shall still bear the economic expenses for re-purchasing and dismantling reconstruction, and correspondingly extend the construction period.
Article 24 Party B purchases materials and equipment
Party B shall, in accordance with the terms of the agreement, purchase the materials and equipment required for the project in accordance with the requirements of the design and specifications, and provide the product qualification certificate. The Party A shall be notified of the acceptance 24 hours before the arrival of the material equipment. For products that do not conform to the design and specification requirements, Party A's representative refuses to accept the inspection. Party B shall ship the construction site at the time required by Party A's representative, re-purchase the products that meet the requirements, and bear the expenses incurred. The construction period will not be postponed. Party A cannot accept the inspection on time. After the acceptance, it is found that the materials and equipment do not meet the specifications and design 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.
According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. When Party A uses it, Party A shall bear the economic expenses incurred; when it is used by Party B, Party B shall bear the expenses incurred.
Design changes
Article 25 Design Changes
Party B's change of the original design shall be subject to the approval of Party A's representative, and Party A shall obtain the following approval:
When the original design standards and scale are exceeded, the original design and planning review department shall approve the investment and material indicators;
Send the original design unit for review and obtain the corresponding drawings and instructions
Party A shall make changes to the original design during the construction. After obtaining the above two approvals, Party B shall send a notice of change to Party B, and Party B shall change according to the notice. Otherwise, Party B has the right to refuse the change.
After the two parties handle the change and negotiate, Party B shall make the following changes as requested by Party A's representative:
1. Increase or decrease the number of projects agreed 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 project.
Article 26 Determination of the price of the change
After the change agreed in Article 24 occurs, Party B shall propose to change the price according to the following methods within the time negotiated by both parties, and report the contract price and completion date after approval by Party A's representative:
1. There is already a price applicable to the change project in the contract, and the contract price is calculated according to the existing price of the contract.
paragraph;
2. There is only a price similar to the change in the contract, which can be used as a basis to determine the price change and change the contract price;
3. There is no similar and applicable price in the contract. Party B proposes an appropriate price change and sends it to the representative of Party A for approval.
Party A's representative cannot agree to the price change proposed by Party B. Within 10 days after Party B's proposal, Party B will notify Party B to request the project cost management department to rule that there is still a protest against the ruling and resolve it according to the method stipulated in Article 30.
Completion and settlement
Article 27 Completion Acceptance
The project has the conditions for completion and acceptance, and Party B shall provide Party A's representative with complete completion information and completion acceptance report in accordance with the relevant provisions of the national project completion. Submit the as-built drawings to Party A according to the date and number of copies agreed upon in the terms of the agreement. After receiving the completion acceptance report, Party A organizes the relevant departments to accept the acceptance within the time specified in the terms of the agreement, and approves or proposes amendments within 5 days after acceptance. Party B shall modify it as required and bear the cost of modification caused by its own reasons.
Party A's representative will not organize the acceptance within 10 days after receiving the completion acceptance report submitted by Party B, or will not approve it within 5 days after acceptance, and cannot propose amendments. It can be considered that the completion acceptance report has been approved. Settlement procedures.
The date of completion is the date on which Party B submits the completion acceptance report. If it is necessary to modify the completion requirements, it shall be the date on which Party B will submit the acceptance after Party B has revised it.
Party A shall not organize the inspection and acceptance according to the agreed date of the agreement, and shall bear the project storage expenses from the day after the last day of the agreed time limit.
For special reasons, when some units of the project and parts are required to be completed, the parties shall conclude a completion agreement to clarify the responsibilities of the parties.
Article 28 Completion settlement
After the completion report is approved, Party B shall submit a settlement report to the representative of Party A in accordance with the relevant provisions of the State and the time and manner agreed in the terms of the agreement, and shall complete the settlement and settlement. After receiving the settlement report, Party A's representative shall promptly approve or propose amendments, and send the appropriation notice to the handling bank within the time limit agreed in the agreement, and send a copy to Party B. After the bank audit, the project payment will be paid to Party B. Party B will deliver the completed project to Party A within 15 days after receiving the project payment.
As Party A violates relevant regulations and agreements, the handling bank cannot pay the construction cost, and Party B may retain some or all of the works and protect them properly. Party A shall bear the protection costs.
Party A shall not settle the settlement within 30 days after receiving the completion report without proper reasons. From the 31st day, the interest of the construction enterprise shall be paid according to the interest rate of the project to the bank, and the liability for breach of contract shall be borne.
Article 29 Quality Assurance Period
Party B shall carry out the warranty and pay the warranty according to the warranty items, contents, scope, duration, warranty amount and payment method stipulated in the relevant provisions of the State and the terms of the agreement.
The warranty period begins on the date the representative of Party A signs the final acceptance record. For projects that are subject to individual acceptance, the warranty period is calculated separately for each project.
During the warranty period, Party B shall send personnel to repair within 10 days after receiving the notice of repair. Otherwise, Party A may entrust other units or personnel to repair. If the cost of repair is caused by Party B, Party A shall deduct the amount from the warranty, and the insufficient part shall be delivered by Party B. Party A shall bear the economic expenses for repairs due to reasons other than Party B.
If a certain amount of the contract price is used, and Party A shall pay the warranty method in Party B's project payment, Party A shall settle within 20 days after the expiration of the warranty period, and the remaining warranty shall be together with the interest rate accrued according to the agreed terms. Party B will be returned, and the short part will be delivered by Party B.
Disputes, breach of contract and claims
Article 30 Disputes
If Party A and Party B have disputes over the contract and require mediation, arbitration or prosecution, they may be resolved in one or more of the following ways as agreed in the terms of the agreement:
1. Request mediation from the unit or personnel agreed in the terms of the agreement;
2. Apply to the arbitration authority with jurisdiction for arbitration;
3. Prosecuted to a people's court with jurisdiction.
After the dispute arises, both parties shall continue to perform the contract except for the following circumstances, keep the construction continuous, and protect the completed project.
1. The contract has indeed been unable to perform;
2. The two parties agreed to stop construction;
3. Mediation requires the construction to be stopped and accepted by both parties;
4. The arbitration institution requested to stop the construction;
5. The court requested that construction be stopped.
Article 31: Default
Party A's representatives cannot give necessary instructions, confirmations, and approvals in a timely manner. If they fail to perform their obligations, payment, and other acts that prevent the contract from being fulfilled, they shall be liable for breach of contract and correspondingly extend the construction period; Payment of liquidated damages and compensation for losses caused by breach of contract to Party B.
If Party B causes the quality of the construction project to be inconsistent with the contract, Party A has the right to request Party B to repair or rework or rebuild it without compensation within a reasonable period of time. After repair or rework or alteration, if Party B is overdue, Party B shall be liable for breach of contract.
If Party B causes the quality of the construction project to be inconsistent with the contract and causes personal and property damage, Party B shall be liable for damages.
Unless the parties agree to terminate the contract, or if the contract fails to perform due to a breach of contract by one party, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.
If one party breaches the contract and the contract cannot be fulfilled, and the other party wants to suspend or cancel the entire contract, it shall notify the defaulting party 10 days in advance before the contract can be suspended or terminated, and the defaulting party shall be liable for breach of contract. However, if the defaulting party’s delay in performance or other breach of contract causes serious impact on the economic benefits expected of the contract, the other party may cancel the contract without prompting.
Article 32 Claims
Party A fails to pay various fees as agreed in the contract, delays the construction period, and compensates for losses. Party B may claim against Party A according to the following provisions:
1. Have a legitimate claim and have relevant evidence at the time of the claim;
2. Within 20 days after the claim event, Party A will issue a notice requesting compensation to the party;
3. Party A shall give approval within 10 days after receiving the notice of claim, or ask Party B to further supplement the claim reason and evidence. If Party A fails to reply within 10 days, it shall be deemed that the claim has been approved.
other
Article 33 Safety Construction
Party B shall take strict safety precautions in accordance with relevant regulations, and shall bear the responsibility for the accidents caused by the ineffectiveness of its own safety measures and the expenses incurred thereby. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
In the event of a major casualty, Party B shall promptly report to the relevant department and notify Party A's representative in accordance with relevant regulations. At the same time, according to the requirements of the relevant government departments. Party A provides the necessary conditions for the rescue. The expenses incurred shall be borne by the responsible party responsible for the accident.
Party B shall submit safety protection measures to the representatives of Party A before the construction of power equipment, high-voltage lines, underground passages, sealed earthquake-proof workshops, inflammable and explosive areas and traffic-oriented roads, and shall be implemented after approval by Party A's representatives. Party A shall bear the cost of protection measures.
In the construction of toxic and harmful environment, Party A shall provide corresponding protective measures in accordance with relevant regulations and bear relevant economic expenditures.
Article 34: Patent Technology, Special Processes and Rationalization Suggestions
Party A requires the use of patented technology and special processes, and is responsible for handling the corresponding declaration, examination and approval procedures, and undertaking declarations and trials. Party B shall use it according to Party A's requirements and be responsible for testing and other related work. Party B proposes to use the patented technology and special technology, and submit it to the representative of Party A for approval according to the above agreement.
Party B's proposal for rationalization involves changes to the drawings, design and construction organization design and the replacement of the original materials and equipment, which must be approved by the representative of Party A.
以上發生的費用和獲得的收益，雙方按協定分攤或分享。
第三十五條地下障礙和文物
乙方在施工中發現文物、古墓、古建築基礎和結構、化石、錢幣等有考古、地質研究等價值的物品或其他影響施工的地下障礙物時，應在４小時內通知甲方代表，並報告有關管理部門和採取有效保護措施。甲方代表應在收到通知後１２小時內對乙方採取的措施給予批準或提出處理意見。甲方承擔保護措施的費用，延誤的工期相應順延。
第三十六條工程分包
乙方可按投標書和協定條款約定分包部分工程。
乙方與分包單位簽訂分包契約後，將副本送甲方代表。分包契約與本契約發生抵觸，以本契約為準。
分包契約不能解除乙方任何義務與責任。乙方應在分包場地派駐相應監督管理人員，保證契約的履行。分包單位的任何違約或疏忽，均視為乙方的違約或疏忽。
除協定條款另有約定，分包工程價款由乙方與分包單位結算。
第三十七條不可抗力
不可抗力發生後，乙方應迅速採取措施，盡力減少損失，並在２４小時內向甲方代表通報情況，按協定條款約定的時間向甲方報告損失情況和清理、修復的費用。
不可抗力發生後，乙方應每隔１０天向甲方報告一次損失情況。
因不可抗力發生的費用由雙方分別承擔：
1.工程本身的損害由甲方承擔；
2.人員傷亡由其所屬單位負責，並承擔相應費用；
3.造成乙方設備、機械的損壞及停工等損失，由乙方承擔；
4.所需清理修復工作的責任與費用的承擔，雙方另簽補充協定約定。
不可抗力的認定標準是＿＿＿＿＿＿＿。
第三十八條保險
甲方按協定條款的約定，辦理建築工程和在施工場地甲方人員及第三方人員生命財產和保險。
乙方辦理自己在施工場地人員生命財產和機械設備的保險。
投保後發生事故，乙方應在１５天內向甲方提供損失情況和估價的報告，如損害繼續發生，乙方在１５天後每１０天報告一次，直到損害結束。
第三十九條工程停建或緩建
由於政策變化、不可抗力以及甲乙雙方之外原因導致工程停建或緩建，使契約不能繼續履行，乙方應妥善做好已完工程和已購材料、設備的保護和移交工作；按甲方要求將自有機械設備和人員撤出施工現場。甲方應為乙方撤出提供必要條件，支付以上的經濟支出，並按契約規定支付已完工程價款和賠償乙方有關損失。
已經訂貨的材料、設備由訂方負責退貨，不能退還的貨款和退貨發生的費用，由甲方承擔。但未及時退貨造成的損失由責任方承擔。
第四十條契約的生效與終止
本契約自協定條款約定的生效之日起生效。在竣工結算、甲方支付完畢，乙方將工程交付甲方後，除有關保修條款仍然生效外，其他條款即告終止，保修期滿後，有關保修條款終止。
第四十一條契約份數
契約正本兩份，具有同等效力，由甲乙雙方簽字蓋章後分別儲存。副本份數按協定條款約定，由甲乙雙方分送有關部門
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