Construction project cost consulting contract

Construction project cost consulting contract

The first part of the construction project cost consulting contract

______________ and ________________ have signed this contract after mutual agreement.
1. The client entrusts the consultant to provide construction project cost consulting services for the following projects:
1. project name:
2. Service type:
2. The wording and terminology of this contract shall be synonymous with the conditions of the construction project cost consulting contract and the relevant subsidiary files.
3. The following files are part of this contract:
1. Standard conditions for construction project cost consulting contract;
2. Special conditions for construction project cost consulting contract;
3. Supplementary and revised files jointly signed in the execution of the construction project cost consulting contract.
4. The Consultant agrees to undertake the construction project cost consulting business within the scope agreed upon in the special conditions of this contract in accordance with the provisions of this contract.
5. The Principal agrees to pay the Consultant a fee in accordance with the time limit, method, currency and amount specified in this contract.
6. The construction project cost consulting business of this contract will be implemented from the date of the year and the end of the year.
7. This contract is in quadruplicate and has the same legal effect. Both parties hold two copies.
Client: Consultant:
Legal representative: Legal representative:
Attorney: Attorney:
Residence: Residence:
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal Code: Postal Code:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
Year, month, day, month, day

The second part of the construction project cost consulting contract standard conditions terms definition, applicable language and laws, regulations

Article 1 The following nouns and terms have the following meanings unless otherwise specified in the context.
1. “Principal” means the party entrusted with the construction project cost consulting business and the hired project cost consulting unit, and its legal heir.
2. “Consultant” refers to the party that undertakes the construction project cost consulting business and the project cost consulting responsibility, as well as its legal successor.
3. “Third person” means a party related to this consulting business other than the principal or consultant.
4. “Day” means the time period from 0:00 on any day to 0:00 on the next day.
Article 2 The construction project cost consulting contract is applicable to the laws and regulations of China, as well as the departmental regulations and the relevant pricing rules and regulations of the project cost or the local regulations and local regulations of the project location.
Article 3 The writing, interpretation and explanation of the construction project cost consulting contract shall be Chinese-led. When different language texts are interpreted differently, the Chinese contract text shall prevail.

Consultant's obligations

Article 4: Provide the client with information related to the project cost consulting business, including the qualification certificate for the project cost consultation, the list of professionals who undertake the business of the contract, the consulting work plan, etc., and conduct consultation according to the scope stipulated in the contract special conditions. business.
Article 5 The services provided by the consultant to the client during the performance of this contract include normal services, additional services and additional services.
1. “Normal service” refers to the engineering cost consulting work agreed by both parties in special conditions;
2. “Additional Services” means additional services other than “normal services” as determined by written agreement between the parties;
3. “Extra services” means those that are not “normal service” and “additional services”, but the additional workload that the consultant should add in accordance with Articles 13, 20 and 22 of the standard conditions of the contract.
Article 6 During the period of performance of the contract or within the time limit prescribed by the contract, confidential information related to the business activities stipulated in this contract shall not be disclosed.

Principal's obligations

Article 7 The principal shall be responsible for the coordination of the third party related to the construction project cost consulting business and provide external conditions for the consultant's work.
Article 8 The client shall provide the consultant with information related to the consulting business of the project free of charge within the agreed time.
Article 9 The trustor shall make a written reply on the matters submitted by the consultant in writing and requesting a reply within the agreed time. When the consultant requests the third party to provide relevant information, the client shall be responsible for the transfer and transfer of the information.
Article 10 The client shall authorize the representative who is qualified for the consulting business to be responsible for contacting the consultant.

Consultant's rights

Article 11 The client shall grant the following rights to the consultant within the scope of the entrusted construction project cost consulting business:
1. During the consultation process, the consultant may submit a written report to the client if the information provided by the client is not clear.
2. During the consultation process, the consultant has the right to check or question the third party's questions related to the consulting business.
3. During the consultation process, the consultant has the right to go to the engineering site for investigation.

Principal rights

Article 12 The client has the following rights:
1. The client has the right to ask the consultant about the progress of the work and related content.
2. The client has the right to elaborate opinions and suggestions on specific issues.
3. When the client determines that the consulting professional does not perform his duties in accordance with the consulting contract, or colludes with the third party to cause financial losses to the client, the client has the right to request the replacement of the consulting professional until the contract is terminated and the consultant is required to bear the corresponding compensation. responsibility.

Consultant's responsibility

Article 13 The term of responsibility of the consultant shall be the validity period of the construction project cost consulting contract. If the schedule is delayed or delayed due to the delay of the non-consultant's responsibility and exceeds the agreed date, the parties shall further agree to extend the validity period of the contract accordingly.
Article 14 During the period of responsibility of the consultant, the obligations stipulated in the construction project cost consulting contract shall be fulfilled. The economic losses caused by the unilateral negligence of the consultant shall be compensated to the client. The total amount of compensation shall not exceed the total amount of construction project cost consulting remuneration.
Article 15 The consultant shall not promptly check or reply to the questions raised by the client or the third party, so that the contract cannot be performed in whole or in part, and the consultant shall bear the responsibility.
Article 16 When the consultant proposes that the claim for compensation to the client cannot be established, it shall compensate for the expenses incurred by the client due to the compensation or other requirements.

Principal responsibility

Article 17 The client shall perform the obligations stipulated in the construction project cost consulting contract. If there is a violation, it shall bear the liability for breach of contract and compensate the loss caused by the consultant.
Article 18 If the client fails to establish compensation or other requirements to the consultant, it shall compensate the expenses of the consultant for various expenses caused by the compensation or other requirements.

Contract effective, change and termination

Article 19 This contract shall come into force on the date of signature and seal by both parties.
Article 20 If the consultant's work or the third party causes the consultant's work to be hindered or delayed, resulting in an increase in the workload or duration, the consultant shall promptly notify the client of the situation and the possible impact. The increased workload is considered as an additional service, and the time for completing the construction project cost consulting work should be extended accordingly and additional remuneration will be obtained.
Article 21 When one of the parties requests to change or cancel the contract, it shall notify the other party before the 14th; if the party suffers losses due to the change or cancellation of the contract, the responsible party shall be responsible for compensation.
Article 22 If a consultant suspends or terminates the construction project cost consulting business for non-self reasons, the increased work of restoring the construction cost consulting business shall be regarded as additional services and shall be entitled to additional time and remuneration. .
Article 23 A notice or agreement to change or terminate a contract shall be in writing, and the original contract shall remain in force until the new agreement is reached.

Consultation business remuneration

Article 24 The normal construction project cost consulting business, the remuneration for additional work and extra work shall be calculated according to the method stipulated in the special conditions for the construction project cost consulting contract, and shall be paid according to the agreed time and amount.
Article 25 If the client fails to pay the construction project cost consulting remuneration within the prescribed payment period, the consultant shall compensate the consultant for the interest paid on the remuneration from the date of the specified payment. The amount of interest is calculated by multiplying the bank's current demand loan by the time of default on the last day of the payment period.
Article 26 If the principal objects to the remuneration or partial remuneration items in the payment notice submitted by the consultant, the consultant shall give notice of the objection within two days after receiving the payment notice, but the client may not delay its non-objection remuneration. Payment of the project.
Article 27 The currency currency and exchange rate adopted for payment of construction project cost consulting remuneration shall be stipulated by the contract-specific conditions.

other

Article 28 Due to the needs of the construction project cost consulting business, the consultant shall go abroad for inspections outside the contract, and the client shall be responsible for the expenses required by the client.
Article 29 If the consultant needs the assistance of an external expert, the cost shall be borne by the consultant within the scope of the entrusted construction project cost consulting business; the principal shall be recognized by the client outside the scope of the entrusted construction project cost consulting business. bear.
Article 30 The parties shall not assign the rights and obligations stipulated in the contract without the written consent of the other party.
Article 31 In addition to the written consent of the client, the consultant and the consulting professional shall not accept any remuneration related to the project cost consulting project other than the construction project cost consulting contract.
The consultant may not participate in any activity that may conflict with the interests of the principal as stipulated in the contract.

Settlement of contract disputes

Article 32 The compensation for losses and damages caused by breach of contract or termination of contract shall be settled through consultation between the client and the consultant; if no agreement is reached, it may be submitted to the relevant competent department for mediation; if the negotiation or mediation fails, The parties agree to submit to the arbitration organ for arbitration or to file a lawsuit with the people's court.

Part III Special conditions for construction project cost consulting contract

Article 2 The laws, regulations and engineering cost pricing methods and regulations applicable to this contract;
Article 4 Construction Project Cost Consulting Business Scope:
“Construction project cost consulting business” refers to the consulting business of the following service categories;
Preparation, review and project economic evaluation of investment estimates for construction project feasibility studies;
Preparation and review of construction project budget, budget, settlement, and completion settlement;
Construction project bidding base, bidding quotation preparation, review;
Engineering negotiation, change and identification and claims of contract disputes;
Prepare the project cost basis and monitor the project cost and provide relevant information on project cost.
Article 8 The construction project cost consulting materials and time provided by the client as agreed by the parties shall be:
Article 9 The client shall provide a written reply to the consultant's written request and request for a reply within the day.
Article 14 If the consultant fails to work during the period of his/her responsibility, he agrees to bear the economic losses caused by the unilateral responsibility in accordance with the following measures.
Compensation 2 Direct Economic Loss x Remuneration Ratio Article 24 The client agrees to pay the consultant's normal service fee according to the following calculation method, payment time and amount;
The Principal agrees to pay the additional service fee according to the following calculation method, payment time and amount:
The Principal agrees to pay the additional service fee according to the following calculation method, payment time and amount:
Article 27 The parties agree to pay the remuneration and pay according to the exchange rate.
Article 32 If a construction project cost consulting contract is disputed during the performance process, the principal and the consultant shall resolve it in a timely manner; if no agreement is reached, it may be submitted to the relevant competent department for mediation; if the negotiation or mediation fails, the following Way to solve:
Submitted to the Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Additional agreement terms:
"Construction Project Cost Consultation Contract" Instructions for Use "Construction Project Cost Consultation Contract" includes "Standard Conditions for Construction Project Cost Consultation Contract" and "Special Conditions for Construction Work Cost Consultation Contract".
The "Standard Conditions" apply to all types of construction projects cost consulting, and both the client and the consultant should abide by them. The "Special Terms" are based on the characteristics and conditions of the construction project, and are completed after the client and the consultant agree. The parties may also add additional terms and amendments to the agreement if they deem it necessary.
Instructions for completing the "Special Conditions":
The "Special Conditions" shall be filled in accordance with the order of the "Standard Conditions". For example, the second article should be based on the specific conditions of the construction project, such as the project type, construction site, etc., to fill in the applicable departments or local laws and regulations and relevant methods and regulations for project cost.
Article 4 When negotiating and clarifying the scope of “construction work cost consulting business scope”, it should first be clear that the scope of the project, such as engineering projects, individual projects or unit projects, and the consulting business involved, and the scope of the project covered by the project general contract or subcontract Consistent. Secondly, the investment estimates, budget estimates or budgets in different stages of project construction such as feasibility study, design, bidding stage or whole process engineering cost consultation should be clarified.
When filling in the construction work cost consulting fee standard, it should be based on the complexity of the construction project entrusted by the client, the workload, and the agreement between the two parties. Generally, 30% prepayment should be paid when the contract is signed. When the workload is 70% completed, 70% of the project payment is prepaid, and the remaining part is paid off once when the consultation result is finalized. If the consultant has additional services due to the obstacles or delays of the principal and the third party, the rewards should be paid, and the method of calculating the rewards and the time of payment should be agreed. When the payment time is stated, the amount of time should be written. Pay within days.
If the two parties agree to agree, a bonus clause can be established, but it must be equivalent.