Qingdao Construction Project Construction Contract

Contractor: _________ Contractor: _________

In accordance with the "Contract Law of the People's Republic of China", the "Building Law of the People's Republic of China" and other relevant laws and administrative regulations, and in accordance with the principles of equality, voluntariness, fairness and good faith, the contractor and the contractor shall agree on the construction of the construction project and conclude This contract, the agreement is as follows:

I. Project Overview

project name:_________

construction place:_________

Project scale and structural characteristics: _________

Project contracting scope: _________

Project approval number: _________

Sources of funds:_________

Second, the contract period

Start date: _________

Completion date: _________

The total calendar days of the contract period is _________ days.

Third, the quality standard

Engineering quality standards: _________

Fourth, the contract price

Currency: _________

Total contract price: _________ yuan ¥: _________ yuan

Comprehensive unit price or rate: See the contractor's bid price for details; see the confirmed project quotation or budget book for details.

V. The file that constitutes the contract

The file of the group cost contract includes:

1. This contract agreement;

2. The notice of winning the bid;

3. Bidding files;

4. Confirmed project quotation or budget book;

5. Special clauses and supplementary clauses of this contract;

6. General terms of this contract;

7. Standards, specifications and related technical files;

8. Drawings;

9. List of engineering quantities;

10. Written records and files of negotiations, changes, etc. of the relevant projects of the two parties;

11. Notice of the contractor or engineer and the minutes of the engineering meeting;

12. Relevant letters and data messages during the course of the project.

Six, the meaning of the word

The meanings of the terms in this Agreement are the same as those given in the second part of the Covenant, General Terms.

Seven, the contractor promises

The contractor promises to the contractor to carry out the construction and completion according to the contract and the instructions of the engineer, and assume the responsibility for the engineering quality defect warranty during the defect liability period, and fulfill all the obligations stipulated in this contract.

Eight, the contractor promises

The Employer promises to the Contractor to pay the contract price and other payments due in accordance with the time limit and manner agreed in this contract, and to perform all the obligations stipulated in this contract.

Nine, the contract takes effect

The time of this contract: _________ years _________ months _________ days

Place of entry: _________

The contractor and the contractor agree that the contract shall come into effect after it has been signed and sealed by the two parties and submitted to the construction administrative department of the local people's government at or above the county level.

Contractor: _________ Contractor: _________

Residence: _________ Residence: _________

Legal representative: _________ Legal representative: ______

Attorney: _________ Attorney: ______

Phone: _________ Phone: _________

Fax: _________ Fax: _________

Bank of deposit: _________ Bank of deposit: _________

Account number: _________ Account number: _________

Postal code: _________ Postal code: _________

_________Year ____________________________________________

Subsidiary files: General Terms

First, the word definition

1, word definition

The following terms shall have the definitions given in this Article, unless otherwise agreed in the Special Terms:

1.1 General Terms: It is a provision that is generally used for construction construction in accordance with the requirements of laws, administrative regulations and construction projects.

1.2 Special clauses: It is the specificization, supplement or revision of the general terms and conditions of the contract and the contractor in accordance with the provisions of laws, regulations and rules, combined with the actual project practice and agreed upon by negotiation. The special terms of the bidding project shall meet the requirements of the bidding file.

1.3 Employer: means the party designated in this contract to execute the investment plan of the project, or other party designated to manage the project, and the legal heir who obtained the qualification of the party. But does not refer to any of its assignees.

1.4 Contractor: Refers to the parties in the agreement that are accepted by the Employer and have the corresponding construction and construction qualifications, as well as the legal heirs who have obtained the qualifications of the party. But does not refer to any of its assignees.

1.5 Engineer: Refers to the chief engineer or the contractor appointed by the project supervision unit to perform the performance of this contract. The specific identity and authority shall be stipulated by the contractor's contractor in the special terms.

1.6 Subcontractor: Refers to the party that undertakes part of the project construction, has the corresponding construction and construction qualification, and the legal heir who obtained the qualification of the party.

1.7 Project Manager: Refers to the project management personnel assigned by the contractor in the performance of this contract and obtained the corresponding level of qualifications or positions, designated in the special terms of this contract, on behalf of the contractor to perform the contractual rights and obligations.

1.8 Design unit: refers to the unit entrusted by the contractor to undertake the design of the project and obtain the corresponding engineering design qualification certificate.

1.9 Project cost management department: refers to the relevant department of the State Council, the construction administrative department of the people's government at or above the county level or its commissioned project cost management agency.

1.10 Supervisory unit: refers to the unit entrusted by the contractor to be responsible for the supervision of the project with the corresponding engineering supervision qualification level.

1.11 Permanent Works: means permanent works to be carried out in accordance with this contract, including equipment referred to in paragraph 1.14.

1.12 Temporary works: refers to the various temporary works required to implement and complete the repair process of the project and its defects, but does not include the contractor equipment referred to in paragraph 1.15.

1.13 Works: Refers to permanent works and temporary works, or as the case may be.

1.14 Equipment: Refers to a part of machinery, equipment, and equipment that is intended to constitute or constitute a permanent project.

1.15 Contractor's Equipment: means the machinery, utensils or articles required by the Contractor to carry out and complete the repair of the Project and its defects.

1.16 Equipment provided by the Employer: means the machinery, utensils or articles provided by the Employer for the purpose of implementing and completing the Project and its defect repairs in accordance with this contract.

1.17 Contract price: refers to the price that the contractor should receive and complete the restoration of the project and its defects according to the contract. The bidding project refers to the bidding price in the bid winning notice, and the non-tendering project refers to the project quotation confirmed by both parties of the contractor.

1.18 Additional contract price: refers to the situation in which the contract price is required to be increased in the performance of the contract, and the contract price is increased by the method of calculating the contract price after confirmation by the contractor.

1.19 Cost: refers to the economic expenditure that should not be included in the contract price and should be borne by the contractor or the contractor.

1.20 commencement date: refers to the absolute or relative date on which the contractor's contractor agrees in the agreement that the contractor begins construction.

1.21 Completion date: refers to the absolute or relative date of the contractor's contractual agreement, the contractor completes the project within the scope of the contract.

1.22 Actual completion date: The date on which the contractor completes the construction and passes the completion acceptance and the contractor officially submits the application for completion acceptance.

1.23 Duration: refers to the number of days from the date of commencement to the date of completion calculated by the contractor's contractor in the agreement.

1.24 Actual construction period: refers to the number of days from the start date to the actual completion date calculated by the total calendar days.

1.25 Drawings: All drawings, calculations and other technical materials of similar nature provided by the Employer to the Contractor in accordance with this Contract or provided by the Contractor and approved by the Employer to meet the contractor's construction needs.

1.26 Construction site: refers to the site provided by the contractor for the construction of the project and any other site specified by the contractor for the construction and use in the contract.

1.27 Bill of quantities: refers to the list of sub-projects, measures, other project names and corresponding quantities of the proposed project listed according to the relevant engineering quantity calculation rules and drawings.

1.28 Written form: Refers to contracts, agreements, letters and data messages that can tangibly represent the content of the content contained.

1.29 Liability for breach of contract: Refers to the liability of a party to the contract that fails to perform the contractual obligations or fulfills the contractual obligations that do not conform to the contract.

1.30 Claim: Refers to the actual loss caused by the situation that is not his own fault, but should be borne by the other party in the process of performance of the contract, and requests the other party for economic compensation and extension of the construction period.

1.31 Force Majeure: An objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.

1.32 hours or days: This contract stipulates that the hour is calculated from the time when the event is valid. If the time is calculated by the day, the day of the start is not counted, and the calculation is started from the next day. The last day of the time limit is the rest day or other legal holidays, with the day of the holiday being the last day of the time limit, except for the date of completion. The deadline for the last day of the time limit is 24 o'clock on the day.

1.33 Statutory holidays: Refers to every Saturday, Sunday and other national holidays.

Second, the contract file

2. The composition of the contract file and the order of interpretation

2.1 The various files that make up the contract should be a whole, which can explain each other and explain each other. Unless otherwise agreed in the special terms, the files that constitute this contract and the order of priority interpretation are as follows:

This contract agreement;

Notice of winning the bid;

Tender and its accompanying files;

Confirmed engineering quotation or budget statement;

Special terms and supplements to this contract;

General terms of this contract;

Standards, specifications and related technical files;

drawing;

Bill of quantities;

Written records and files of negotiations, changes, etc. between the two parties;

Notice of the notice of the contractor and the engineer and the minutes of the engineering meeting;

Letters and data messages related to the progress of the project.

2.2 When the contents of the contract file are ambiguous or inconsistent, the contractor shall negotiate or solve the problem without affecting the normal operation of the project, or the engineer shall explain it. In the event that the parties do not agree or disagree with the explanation of the engineer, they shall be dealt with in accordance with Article 34 of the General Terms and Conditions.

3. Language and applicable laws and regulations

3.1 This contract file is written, interpreted and explained in Chinese. If the special terms stipulate that more than two languages ​​are used, Chinese shall be the standard language for interpreting and explaining the contract.

3.2 This contract file applies to national laws, regulations and rules. The laws, regulations and rules that need to be expressly stipulated by the parties in the special terms.

4. Applicable standards and specifications

4.1 The materials, equipment and construction work of this project must meet the requirements of the local standards, standards and specifications of the current country, industry and project location. When there are inconsistencies in the local standards/specifications of the country, industry and project location, the issuer/contractor shall stipulate the standard/normative name to be selected in the special clause according to the scope of application of the standard/specification and the actual conditions of the project. The Employer shall provide the Contractor with two standards/specifications agreed upon at the time agreed upon in the Special Terms.

4.2 If there is no corresponding standard/specification in China, the contractor shall submit the construction technical requirements to the contractor according to the time stipulated in the special clause. The contractor shall submit the construction technology according to the agreed time and requirements, and shall be executed after being approved by the contractor. If the contractor requests to use foreign standards or specifications, it shall be responsible for providing Chinese translations.

5, drawings

5.1 The Employer shall provide the Contractor with drawings in accordance with the number and date specified in the Special Terms. If the contractor needs to increase the number of drawings, the contractor shall copy it on his behalf, and the copying fee shall be borne by the contractor. The contractor shall keep a complete set of drawings at the construction site for use by engineers and relevant personnel for engineering inspections. The contractor shall not transfer the engineering drawings to a third party without the consent of the contractor.

5.2 If the contractor has confidentiality requirements for the project, the confidentiality requirement shall be filed in the special clause. The cost of the confidentiality measures shall be borne by the contractor, and the contractor shall perform the confidentiality obligation within the agreed confidentiality period.

5.3 If the Employer fails to provide the drawings as agreed, the Contractor shall notify the Engineer of the required drawings, the time and reason required, and the possible impact and loss due to the delay provided by the drawings. If the contractor fails to provide the drawings as agreed, causing losses to the contractor and delays in the construction period, the contractor shall compensate the contractor for the loss and delay the delay.

5.4 When the Engineer deems it necessary, the Contractor shall submit 2 copies of the design drawings of the Temporary Works for approval or for future reference by the Engineer.

5.5 The Employer or Engineer shall have the right to issue to the Contractor any additional drawings and technical materials required to satisfy the correct implementation and completion of the Project and its defect repair at any time, and the Contractor shall execute it.

6, notification and delivery

6.1 Unless otherwise agreed in the contract, any notice or instruction issued or issued by any unit or individual in the performance of the contract shall be in writing, and the recipient shall sign the name and time of receipt on the receipt. Rejected, unreasonably withheld or delayed.

6.2 All certificates, notices, approvals, approval letters and instructions issued by the Employer or Engineer to the Contractor in accordance with the terms of this contract shall be transmitted or sent to the address specified by the Contractor in the special terms of this Contract or the Contractor shall be This other address is specified.

6.3 All notices and requests sent by the Contractor to the Employer under the terms of this contract shall be transmitted or sent to the address specified by the Employer or Engineer in the special terms of this Contract, or such other as may be specified by the Employer or Engineer. address.

6.4 If either party refuses to accept or accepts the notice, letter or written instrument and refuses to sign, the notice or written document may not be delivered, and the other party may choose to send it by registered mail or other means permitted by law. Delivered, while preserving the evidence of delivery.

Third, the contractor and the contractor

7, the contractor

7.1 The Employer shall perform all obligations stipulated in this contract. The Employer shall pay the Contractor the contract price and other payments due in accordance with the time limit and manner stipulated in this contract, and provide the contractor with standards/specifications, drawings, materials, equipment, equipment and other materials and construction conditions in accordance with this contract. .

7.2 The contractor shall complete the following work and the relevant expenses according to the content and time specified in the special terms before the commencement of the project:

Handling land acquisition, compensation for demolition and relocation, leveling construction sites, etc., so that the construction site has construction conditions, and will continue to be responsible for solving the remaining problems after the commencement of work;

The water, electricity and communication lines required for construction shall be connected from the outside of the construction site to the agreed place of the special clause to ensure the needs during the construction period;

Open the access roads of construction sites and urban and rural public roads, as well as the main roads within the construction site to meet the needs of construction and transportation, and ensure smooth flow during construction;

Provide the contractor with the engineering geological and underground pipeline materials of the construction site, and be responsible for the authenticity and accuracy of the materials;

Apply for approval procedures for construction permit, other documents required for construction, approval and temporary land use, water stoppage, power outage, interruption of road traffic, blasting operations, etc.;

Determine the level point and coordinate control point, hand it to the contractor in writing, and organize the on-site inspection;

Organize contractors and design units to conduct drawing review and design presentation;

Coordinate the treatment of underground pipelines and adjacent buildings, structures, and ancient and famous trees around the construction site;

Other work that the contractor should do, the parties agree on the special terms.

7.3 The contractor may entrust part of the 7.2 work to the contractor, and the specific entrustment content shall be stipulated in the special terms, and the expenses shall be borne by the contractor.

7.4 If the Employer fails to perform all the work stipulated in Clause 7.2, resulting in delays in the construction period or causing losses to the Contractor, the Employer shall compensate the Contractor for the loss and delay the extension of the construction period.

8. Contractor

8.1 The Contractor shall perform all the obligations stipulated in this contract. Carefully organize the construction and complete the repair of the project and its defects on time. The Contractor shall provide all the management, labor, materials, equipment, construction equipment, transportation to and from the site, and all the things that the contract requires or reasonably infers to carry out the project.

8.2 The Contractor shall complete the following work according to the content and time specified in the special terms:

According to the entrustment of the contractor, within the scope of its design qualification level and business permission, complete the construction drawing design or the design supporting the project, and use it after confirmation by the engineer, the contractor shall bear the expenses incurred thereby;

Provide engineers with annual, quarterly, and monthly project progress plans and corresponding progress project plans;

Responsible for the safety and security of construction sites, providing and repairing lighting and enclosure facilities for non-night construction;

Providing the contractor with the housing and living houses and facilities at the construction site according to the quantity and requirements stipulated in the special terms, and the contractor shall bear the expenses incurred thereby;

In accordance with the laws, regulations and rules concerning the construction site traffic, construction noise, environmental protection and safe production, civilized construction, etc., go through the relevant formalities and notify the engineer in writing. The contractor bears the costs incurred, except for the fines caused by the contractor’s liability;

Before the project or the individual project in the project has been completed but not delivered to the contractor, the contractor is responsible for the protection of the completed project, and the damage occurred during the protection period. The contractor shall repair it at his own expense; if the contractor requests the contractor to take special protective measures, The parties agree in the special terms that the contractor shall bear the corresponding expenses;

Ensure the protection of underground pipelines and adjacent buildings, structures, and ancient and famous trees at the construction site according to special provisions;

Ensure that the construction site cleans in accordance with the relevant provisions of environmental sanitation management, clean up the site to meet the requirements stipulated in the special provisions, and bear the losses and fines caused by violation of relevant regulations for their own reasons;

Other work that the contractor should do, the parties agree on the special terms.

8.3 If the contractor fails to perform all the tasks of 8.2 and causes losses to the contractor, the contractor shall compensate the contractor for the loss.

Fourth, project management personnel

9, engineer

9.1 The Employer shall designate an engineer in the special terms of this contract to notify the contractor of the name and authority of the engineer. For the supervision project, the contractor shall notify the contractor in writing of the name, supervision content and authority of the supervision unit before the commencement of construction. Any instructions from the Employer to the Contractor must be sent by the Engineer. If the contractor needs to replace the engineer, he should notify the contractor at least 7 days in advance. The latter will continue to exercise the predecessor's authority as agreed in the contract file and fulfill the obligations of the predecessor.

9.2 The Engineer may exercise the powers of the Engineer as stipulated or necessarily implied in the Contract. If the Employer requires the Engineer to obtain approval from the Employer before exercising certain functions in the Special Terms, the Engineer shall obtain approval from the Employer. Except as expressly stated in the contract, the engineer has no right to modify the contract and has no right to terminate any powers and obligations of the contractor or contractor as stipulated in this contract. Any performance or omission of an engineer in the performance and exercise of his authority shall not relieve the contractor of performing any of its duties and obligations as agreed in the contract.

9.3 The Engineer shall first obtain the approval of the Employer when exercising the following powers:

Issue a work order, a work stop order, and a resumption order;

Making recommendations to the designer or contractor and making recommendations may increase the project cost or delay the duration;

Changes in any form, quantity, quality, price and content of the Project;

Make changes to the contractor’s duties and obligations of the contract;

Propose or approve a claim;

Issue a payment certificate;

The contractual terms expressly stipulate other powers that should be approved by the contractor;

Other powers that are subject to approval by the Employer as specified in the Special Terms.

However, when an engineer exercises the above-mentioned powers to be approved by the Employer, it shall be deemed that the Employer has approved.

9.4 When the engineer believes that there is an emergency that endangers personal safety, property threats and immediate impact on the safety of the project, and it is impossible to report the situation to the contractor beforehand, it does not exempt the contractor from any duties and tasks of the contractor. In this case, the engineer may exercise the powers in Section 9.3 first and shall make a written report to the Employer within 24 hours after the event.

9.5 The Engineer may at any time delegate any of his duties and powers to his appointed Engineer's Representative and may withdraw the Authorisation if deemed necessary. Authorization and withdrawal shall be notified to the Employer and the Contractor in writing 7 days in advance, and the authorization and withdrawal shall not take effect until a copy of the relevant file has been sent to the Contractor. The engineer's representative is responsible to the engineer and performs and exercises the duties and powers conferred by the engineer. Engineer representatives perform their duties within the scope of their authority and are treated as engineers.

9.6 Any written letter from the Engineer's Representative to the Contractor within the authority of the Engineer shall have the same effect as the letter issued by the Engineer. If the Contractor has any doubts about any written letter sent to it by the Engineer's representative, the letter may be submitted to the Engineer and the Engineer shall confirm it. When an engineer's instruction makes a mistake, the engineer should correct it. Except for the engineer or engineer representative, the other personnel assigned to the site by the Employer are not entitled to issue any order to the Contractor.

9.7 The Engineer shall, in accordance with the contract, promptly provide the Contractor with the required instructions, approve and perform other obligations as agreed. After the engineer's instructions and notices are signed by the person, they are handed over to the project manager in writing, and the project manager takes effect after signing the name and receipt time on the receipt. In an emergency, the engineer may issue an export order and provide written confirmation within 48 hours. The contractor's instructions to the engineer shall be executed. If the engineer fails to give written confirmation in time, the contractor shall submit a written confirmation request within 7 days after the engineer issues the export order. The engineer shall give a reply within 48 hours after the contractor has submitted a confirmation request. If the reply is not given within the time limit, the oral instruction shall be deemed confirmed. If the contractor considers that the engineer's instructions are unreasonable, he shall report to the engineer within 24 hours after receiving the instruction. The engineer shall make a modification order or continue to execute the original order within 24 hours after receiving the contractor's report, and notify the contractor in writing. In an emergency, the engineer asks the contractor to execute the order immediately or the contractor has objection, but the engineer decides that the order to continue execution should be executed by the contractor. The provisions of this paragraph also apply to orders and notices issued by representatives of engineers.

9.8 If the engineer fails to perform the obligations as agreed in the contract or if the engineer fails, the loss caused to the contractor and the delay in the construction period, the contractor shall compensate the contractor for the loss and delay the delay. The provisions of this paragraph also apply to orders and notices issued by representatives of engineers.

9.9 When performing the contract and exercising its functions or dealing with matters involving the rights and obligations of the contractor's contractors, the engineer shall deal with it objectively and fairly within the scope of his duties according to the contract. If any irregularities are found, it shall be amended. If one party disagrees with the handling of the engineer, it shall be dealt with in accordance with Article 34 of the General Terms and Conditions.

10. Project Manager

10.1 The Contractor shall appoint a Project Manager and authorize him to perform all the powers and obligations of the contract on behalf of the Contractor. The project manager shall be proposed by the contractor and with the consent of the contractor, the name and position shall be specified in the special terms. The contractor should also submit the project manager's name and detailed information to the engineer before starting work.

10.2 All files issued by the Contractor in accordance with the Contract shall be issued in writing by the Project Manager and shall be effective upon receipt of the name and time of receipt by the Recipient.

10.3 If the contractor needs to change the project manager, he shall notify the engineer in writing at least 7 days in advance and report to the contractor for approval. The latter will continue to exercise the predecessor's authority as agreed in the contract file and fulfill the obligations of the predecessor. The Contractor shall not revoke the appointment of the Project Manager or appoint a replacement without the consent of the Employer.

10.4 The Employer may, in consultation with the Contractor, recommend replacement of the Project Manager whom he considers to be incompetent.

10.5 The project manager organizes the construction according to the construction organization design approved by the contractor and the engineer, the project schedule and the instructions issued by the engineer. In the event of an emergency and inability to contact the engineer, the project manager shall take emergency measures to ensure the life and engineering and property safety of the personnel, and submit a report to the engineer within 48 hours after taking the measures. The responsibility lies with the contractor or the third party, and the contractor bears the expenses and delays the construction period accordingly; the responsibility lies with the contractor, and the contractor bears the expenses and does not extend the construction period.

Five, subcontracting

12, subcontracting

12.1 Construction subcontracting is divided into professional engineering subcontracting and subcontracting of labor service.

12.2 The contractor shall subcontract part of the project within the scope of its contracting, and may negotiate with the contractor and agree in the special clause; if the contractor intends to carry out the professional subcontracting project without special agreement, it shall report in advance The engineer reviews and obtains the approval of the contractor and complies with the relevant laws and regulations. The contractor shall not subcontract any part of the contracted project without the consent of the contractor.

12.3 The contractor does not undertake the construction qualification of a professional project. The contractor must subcontract the professional project according to the provisions of 12.2. The subcontractor must have the qualifications for the construction of the project.

12.4 The contractor must use the relevant qualified enterprise for the subcontracting of the labor service, and shall pay the labor service fee in time according to the contract or the workload completed by the labor subcontracting enterprise. The contracting enterprise shall supervise the employment situation and salary payment of the labor subcontracting enterprise, and bear joint and several liability for the labor disputes arising from this project.

12.5 The contractor shall subcontract the project according to the regulations and shall sign a subcontract with the subcontractor. The contractor subcontracts part of the project within its contracted scope and does not disclaim any of the responsibilities and obligations of the contractor as agreed in the general contract. The contractor may purchase materials according to the standards stipulated in the contract, and may not follow the above-mentioned agreement in this paragraph, but shall report to the engineer for filing, and the engineer has the right to review this.

12.6 The Contractor is obliged to provide the Engineer with relevant information on the subcontractors who have subcontracted or intended to subcontract the Engineer at the request of the Engineer.

12.7 Any breach of contract or negligence of the subcontractor causes damage to the project or causes other losses to the Employer, and the Contractor shall be jointly and severally liable.

12.8 The Contractor shall not subcontract all the works contracted by the Contractor to others or dismember all the works contracted by them. The contractor shall prohibit the subcontractor from subcontracting any part of the subcontracted project.

12.9 The subcontracted project price shall be settled by the contractor and the subcontractor. The Employer shall not pay the Subcontractor any amount of work in any form without the consent of the Contractor. If the contractor pays the project payment to the subcontractor without authorization, it shall be regarded as other contractual relationship other than this contract, and shall not affect the contractor's normal settlement according to the contract.

Sixth, construction preparation work

14. Construction organization design and progress plan

14.1 The Contractor shall prepare the construction organization design and schedule of the individual project as agreed in this Project and the Special Terms.

14.2 The Contractor shall prepare and submit to the Engineer the construction organization design and project progress plan for the individual project in accordance with the requirements and time specified in the special terms. The engineer shall confirm or propose amendments in accordance with the time stipulated in the special terms of this contract. If it is not confirmed within the time limit and no amendments are proposed, it shall be deemed as consent.

14.3 The project schedule shall be prepared in accordance with either the network diagram or the cross-section diagram and shall include the expected workload and image progress for each season.

14.4 The contractor must organize the construction according to the progress schedule confirmed by the engineer and accept the inspection and supervision of the project progress by the engineer.

14.5 If the engineer believes that the actual progress of the project does not comply with the confirmed project schedule, and the contractor has no reason to obtain the extension period, the contractor shall revise the project schedule and propose improvements according to the requirements of the engineer. The measures are submitted to the engineer for confirmation and then executed. The revised project progress plan shall still ensure that the project is completed within the contractual contract period. Due to the contractor's reasons, the actual progress of the project does not match the progress plan, and the contractor may not make a claim for improvement measures.

14.6 The Contractor shall submit to the Engineer, with the progress schedule of the Project, the project payment plan that the Contractor is entitled to receive at the settlement time interval agreed upon in the contract for the Engineer's inspection. If requested by the engineer, the contractor shall also submit the revised project plan as required.

15. Construction preparation

15.1 The Contractor shall be responsible for the suitability, stability and safety of all on-site operations, all construction methods and all works, but shall not be responsible for the adaptability, stability and safety of the design, standards/normative reasons. If the contract expressly stipulates that all or part of the permanent works are designed by the contractor, the contractor shall be fully responsible for the part of the permanent works despite the approval of the engineer.

15.2 The Contractor is responsible for reviewing the drawings, standards/specifications or other information while reviewing the contract files or during the implementation of the Project. If any errors, omissions or defects are found, the engineer shall be notified in writing before the commencement of the relevant works. The engineer shall immediately make a decision on this after receiving the notice from the contractor.

15.3 The contractor shall study and analyze the hydrological, geological and meteorological information provided by the contractor before signing the contract. The Contractor shall be responsible for its understanding, judgment and application of the information.

15.4 The contractor shall consider it as having studied and inspected the site and its surroundings before signing the contract; it is well aware of the existing roads or other contact methods leading to the site, the shape and nature of the land and the site, and the danger of damage to the property. The nature of the materials excavated, the nature of the works and materials required for the project, and the accommodation required; information has been obtained that affects the signing of the contract and the construction of the project. The Contractor shall not claim from the Employer for insufficient understanding of the above matters and shall waive its liability under the contract.

15.5 During the construction period, if the contractor encounters an external obstacle or condition that is not force majeure and cannot be foreseen by past experience, and causes losses to the contractor and delays in the construction period, the contractor shall compensate the contractor for the loss and delay the delay. The duration of the work.

However, the unfavorable external obstacles or conditions that have been clearly stated in the contract are considered as the influencing factors that the contractor has foreseen when accepting the contract and have included all the expenses that may be incurred in the contract quotation. The engineer has indicated that the contractor is likely to occur before the contract is not clearly stated, but before the adverse external obstacles or conditions occur, the contractor is responsible for the consequences of the failure of the contractor to take effective measures.

15.6 Before signing the contract, the contractor shall further investigate and understand the underground structures such as pipelines existing on the site based on the survey and design materials and the relevant materials provided by the contractor to obtain all the information on the impact of the construction. And make full consideration in the construction organization design and progress plan.

15.7 The Employer shall provide the Contractor with the original reference point, baseline and benchmark elevation required for the construction of the Project and shall be responsible for its true accuracy. The Contractor shall verify the accuracy of the Project before it is released and shall be responsible for protecting everything. Benchmarks, stakes and other related signs. In the course of implementation, if the contractor inevitably causes losses to the contractor and causes delays in the construction period due to an error in these benchmarks, the contractor shall compensate the contractor for the loss and delay the delay of the construction period.

The contractor is responsible for the correct positioning of all parts of the project in accordance with the above criteria, correcting any errors in the location, elevation, size or alignment of the project, and providing all necessary instruments, appliances and personnel related to this. The verification of the stakeout, alignment or elevation by the engineer does not relieve the contractor of its responsibility for its accuracy.

15.8 The Employer shall provide the contractor with the construction site required by the contractor in accordance with the special terms to enable the Contractor to carry out the construction of the Project. If the contractor fails to provide the construction site required for the construction, and the progress of the project or any other part is affected, causing losses to the contractor and delays in the construction period, the contractor shall compensate the contractor for the loss and delay the delay.

15.9 The contractor fails to complete the land acquisition and demolition procedures on time. After receiving the engineer's notice, the contractor shall timely adjust the construction plan and sequence of the work in the construction organization design and schedule according to the instructions of the engineer. In order to be able to continue construction or timely adjustment of construction personnel and construction machinery to avoid the loss of work stoppage. If the contractor fails to complete the land acquisition and demolition procedures on time, causing losses to the contractor and delays in the construction period, the contractor shall compensate the contractor for the loss and delay the delay.

15.10 The project land in the red line of land acquisition can be provided to the contractor for temporary construction land for free without approval of the construction permit. For the temporary land occupation outside the red line, the contractor shall, in accordance with the start-up needs and construction sequence, apply for the lease in phases and notify the contractor to use it. The temporary land occupation fee outside the red line is paid by the contractor. After the temporary land use has been rented, the contractor shall restore the conditions for the use of the temporary land at his own expense.

7. Start, temporary suspension, construction period and delay

16. Start and postpone

16.1 The engineer shall issue a notice of commencement to the contractor not less than 7 days before the commencement date of the contract, and the contractor shall commence the construction of the project or a single project in the project according to the commencement date agreed in the contract.

16.2 If the contractor fails to start work on time due to his own reasons, he shall submit to the engineer the requirements and reasons for the commencement of the work extension not less than 7 days before the commencement date stipulated in this contract. The engineer shall confirm within 48 hours after receiving the request for commencement of construction, and reply to the contractor after approval by the contractor. If the engineer agrees to delay the construction or fails to reply within the time limit, the construction will be postponed and the construction period will be postponed accordingly; the engineer does not agree to the extension of the construction or the contractor has not requested the commencement of the extension within the agreed time. The construction will not be postponed and the construction period will not be postponed.

16.3 Due to the reason of the contractor, the contractor cannot start work on the commencement date stipulated in this contract. The engineer shall notify the contractor in writing, postpone the commencement of work and extend the construction period accordingly. If the contractor causes losses to the contractor, the contractor shall compensate the contractor for the loss.

17. Suspension of construction and resumption of work

17.1 The Engineer may at any time instruct the Contractor to suspend the construction of a part or all of the Works and submit a written action within 48 hours of the issuance of the order. The contractor shall suspend the construction of a part or all of the project in accordance with the instructions of the engineer. During the suspension of construction, the contractor shall properly protect the project or any part of the project and ensure its safety.

17.2 The suspension of construction due to the following reasons shall not be compensated by the Employer at the cost and duration:

The necessary stoppage caused by the contractor’s mistake or breach of contract, or by the contractor;

The contractor needs to stop the work required for the reasonable construction of the project, or for the safety of the project and any part of it;

Necessary shutdown due to on-site climatic conditions.

17.3 If the work is interrupted due to the behavior or mistake of the contractor or the engineer, causing losses to the contractor and delaying the construction period, the contractor shall compensate the contractor for the loss and delay the delay.

17.4 The contractor temporarily suspends the construction of the project or part of the project according to the instructions of the engineer. Within 63 days from the date of suspension of the construction, the engineer has not issued a reinstatement order, and the suspended construction is not within the scope of 17.2, the contractor A written notice may be sent to the Engineer requesting that the construction of the suspended construction be continued within 14 days of receipt of the notice. If the permit is not granted within the above period, the contractor may make the following choices:

When the suspension affects only part of the project, the contractor has the right to cancel the part of the project from the contract and notify the contractor of the matter;

When this shutdown affects the entire project, the contractor has the right to treat the suspension as an event of default in accordance with the provisions of Article 32 of the General Terms and to terminate the contracting of this contract.

17.5 After the engineer issues a resumption order, the contractor and the engineer shall jointly inspect the engineering, production equipment and materials affected by the temporary suspension. The Contractor shall be responsible for repairing any deterioration, defects or damage to the Works, Equipment or Materials that occurred during the suspension.

18. Duration and delay

18.1 The Project or any of its individual works must be completed at the time or period specified in the Contract, or within an extended period of time specified in 18.2.

18.2 The construction period is delayed due to delays in the construction period due to the following reasons.

The contractor failed to provide the drawings and conditions of commencement as agreed;

The contractor failed to pay the project advance payment and progress payment according to the agreed date, resulting in the construction failure;

The engineer failed to provide the required instructions, approvals, etc. as agreed, resulting in the construction not working properly;

project changes;

Within one week, the non-contractor’s reason for water stoppage and power outage resulted in more than 8 hours of work stoppage;

Force majeure;

The terms of the contract have been expressly agreed or the other schedules agreed by the engineer are postponed.

18.3 The contractor shall carry out the construction work at night or national statutory holidays, and shall be approved by the engineer and comply with the relevant regulations of the local government or obtain the approval of the relevant departments. However, in order to save lives, protect property, or work that is absolutely necessary for the safety and quality of the project, it is not necessary to obtain the permission of the engineer in advance. In this case, the contractor should report to the engineer immediately after the event.

18.4 If the contractor is required to complete the construction in advance, the two parties shall sign an early completion agreement as part of the contract file. The early completion agreement shall include the measures taken by the contractor to ensure the quality and safety of the project, the conditions for the contractor to provide for early completion, and the additional contract price required for early completion. Since the contractor organizes the construction scientifically and reasonably, the project is completed in advance, and whether the contractor provides the contractor with incentives for the parties to agree on the special terms.

18.5 If the contractor fails to complete the project within the time limit stipulated in 18.1 due to its own reasons, or fails to complete a certain project in the project within the corresponding time limit, the contractor shall bear the liability for breach of contract and pay the contractor. Deferred damages for the special terms. The extension time is calculated by the number of days in which the actual completion date stated in the handover certificate exceeds the completion date minus the approved extension period.

18.6 If, prior to the completion of the project, a handover certificate has been issued for a single project in the project, and the actual completion date stated in the handover certificate has not been delayed, but the other parts of the project have incurred delays in the construction period, then The deferred damages for this project should be reduced. The extent of the reduction is calculated as the proportion of the value of the individual project that has issued the handover certificate to the value of the project, but the limit of the deferred damages agreed in the special clause shall not be affected by this.

Eight, materials, equipment supply

19. The contractor supplies materials and equipment

19.1 If the Employer supplies materials equipment, the list of corresponding materials and equipment shall be listed in the special terms. The list of materials and equipment shall specify the type, specification, model, quantity, unit price, quality grade, time and place of supply of the equipment supplied by the contractor. The contractor shall provide the materials and equipment to the contractor according to the contract in the material equipment list, and provide the product quality certificate and be responsible for the quality of the material equipment. The contractor informs the contractor 24 hours before the arrival of the supplied materials and equipment, and the two parties accept the handover under the witness of the engineer and stack them according to the place and manner specified by the contractor.

19.2 The materials and equipment supplied by the contractor shall be kept by the contractor after the contractor receives it, and the contractor shall pay the corresponding storage fee, and the contractor shall be responsible for compensation for the loss or damage caused by the contractor. If the Employer fails to notify the Contractor of the acceptance and handover in accordance with Section 19.1, the Contractor shall not be responsible for the custody, and the loss or damage shall be the responsibility of the Employer.

19.3 When the materials and equipment supplied by the Employer do not conform to the agreement in the list of materials and equipment listed in the special clause, the Employer shall bear the relevant responsibilities as follows:

The unit price of the material equipment does not conform to the contract, and the bidder bears all the price difference;

The variety, specification, model and quality grade of the material equipment are not in accordance with the contract. The contractor may refuse to accept and keep it, and the contractor shall be responsible for transporting out the construction site and re-purchasing;

The specifications and models of the materials are not in accordance with the contract, and may be replaced by the contractor with the consent of the contractor, and the relevant expenses shall be borne by the contractor;

The arrival point of the material equipment does not conform to the contract, and the contractor is responsible for transporting it to the place agreed in the material equipment list;

The quantity of materials and equipment supplied does not conform to the contract. When the quantity agreed in the list exceeds the quantity agreed in the list, the contractor is responsible for transporting out the construction site. When the quantity is less than the agreed quantity in the list, the contractor is responsible for filling up;

If the delivery time of the materials and equipment is not in accordance with the contract, the contractor shall bear the storage expenses incurred earlier than the agreed time, and if the contractor causes losses and delays in the construction period later than the agreed time, the contractor shall compensate the contractor for the loss and delay the delay. The duration of the work.

19.4 The settlement method of the materials and equipment supplied by the Employer shall be agreed by the Employer and the Contractor in the special terms.

20, the contractor purchases materials and equipment

20.1 The materials and equipment that the contractor is responsible for purchasing shall comply with the requirements of the design, relevant standards/specifications and special provisions, and provide the product quality certificate, and the contractor shall be responsible for the quality of the materials and equipment. The contractor shall notify the contractor 24 hours before the arrival of the materials and equipment, and the two parties shall conduct joint inspection under the witness of the engineer.

20.2 When the materials and equipment purchased by the contractor do not conform to the requirements stipulated in the design, standards/specifications and special clauses, the contractor shall transport the construction site at the time required by the engineer, re-purchase the materials and equipment that meet the requirements, and bear the expenses incurred. The delay in the construction period will not be postponed. If the contractor uses materials and equipment that do not meet the requirements of the design, standards/specifications and special terms, it shall be repaired, dismantled or re-purchased according to the instructions of the engineer, and shall bear the expenses incurred, and the delay of the construction period shall not be Prolonged.

20.3 If the Contractor does not execute the instructions of the 20.2 Engineer, the Employer has the right to hire another person to execute the order and pay the relevant fees. All expenses incurred or concomitantly incurred by the Engineer shall be recovered by the Employer from the Contractor in consultation with the Employer and the Contractor, or may be deducted from any payment to the Contractor.

20.4 When the contractor needs to use the substitute materials, he shall apply to the engineer and confirm the approval of the contractor before the use of the contract. The increase or decrease of the contract price and the expenses incurred shall be agreed by the contracting parties in writing.

20.5 The Contractor shall be responsible for the packaging, transportation, receipt, handling, storage and protection of all materials and equipment purchased by him, and shall bear civil and criminal liability arising from the transportation of the goods.

20.6 The equipment and equipment purchased by the contractor shall not be designated by the manufacturer or supplier.

21, inspection of materials and equipment

21.1 All materials and equipment of this project shall be sampled by the contractor in accordance with the laws, regulations and rules and the relevant standards/specifications and the provisions of this contract before being used in this project. Send a qualified inspection agency for inspection. If it is unqualified, it shall not be used.

21.2 The time and place of inspection of materials and equipment, sampling methods, frequency and content of inspection shall be submitted by the contractor in accordance with the provisions of laws, regulations, rules and relevant standards/specifications and the provisions of this contract, and shall be reported to the engineer for confirmation.

21.3 Except as otherwise stipulated in the special clauses, the inspection and testing costs of the materials and equipment supplied by the contractor shall be borne by the contractor; the inspection and testing costs of the materials and equipment purchased by the contractor shall be borne by the contractor.

21.4 If the engineer deems it necessary, the material equipment may be required to be re-inspected. The materials and equipment supplied by the contractor shall be borne by the contractor. If the materials and equipment purchased by the contractor fail to comply with the relevant standards, norms or the provisions of this contract, the inspection costs shall be borne by the contractor; if the re-inspection results comply with the relevant standards, norms or the provisions of this contract, then The inspection fee shall be borne by the Employer.

21.5 The engineer shall be able to enter all workshops and locations where the construction site and semi-finished products are manufactured, processed or produced at all reasonable times. The contractor shall provide all convenience and assistance for them to enter the above-mentioned places.

9. Quality, safety and civilized construction

22. Engineering quality and inspection

22.1 The quality of the project shall meet the quality standards agreed upon in the special terms of this contract. The assessment of engineering quality standards shall be based on the standards/specifications agreed in this contract. Due to the contractor's reasons, the quality of the project does not meet the agreed quality standards, and the contractor is liable for breach of contract.