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Labor construction contract


Party A: __________________

Party B: __________________

In accordance with the "Contract Law of the People's Republic of China" and relevant national laws, regulations and company records, and in accordance with the principles of equality, voluntariness, fairness and integrity, Party A and Party B reached an agreement on the _______ labor contracting. Enter into this contract.

The first project overview

project name:______________

construction place:______________

The second project contracting scope

___________________________________

Article 3 Project Duration

1. Project start date: _______ year _______ month _______ day, plan completion date: _______ year _______ month _______ day, total calendar days _______ days;

2. Main node duration: ___________________________________

3. Party B shall unconditionally implement Party A's schedule of progress.

Article 4 Engineering Quality Standards

The quality of the project within the scope of the contracted project must reach ________________________

Article 5 Forming the contract file and the order of interpretation

The file and priority order of the group cost contract are as follows:

1. This contract;

2. Attached files of this contract;

3. Bidding files;

4. Construction drawings of the project and national current or industry standard specifications;

Note: The above files should be supplemented with each other. When there is ambiguity or inconsistency in the contract, they are explained in the above order. If they cannot be clearly explained, they will be resolved through negotiation without affecting the normal construction progress of the project.

Article 6 Standard Specification

This contract applies to the standard specification: ____________________________

Article 7 Party A's responsibilities and obligations

1. Responsible for the unified formulation of various management objectives, organize the preparation of construction plans, material requirements and consumption plans, and implement the control, supervision, inspection and acceptance of project quality, construction period, safe production, civilized construction, measurement and testing, and experimental testing.

2. Responsible for working with the owner, supervisor, design and related departments to coordinate the on-site working relationship.

3. According to the project conditions, Party B shall increase or decrease the number of construction personnel to meet the construction and production needs. Persons with poor construction quality, poor technology, disobedience, and illegal behavior will be retired.

4. Provide construction machinery and equipment and turnover materials supplied by Party A in a timely manner.

5. According to the contract, pay the labor remuneration to Party B.

6. Coordinate and arrange for the settlement of temporary facilities and water for construction workers of Party B, and use ______________ for their expenses:

7. Assist Party B to handle the entry and exit documents of on-site construction personnel, and the expenses shall be paid by Party B.

Article 8 Party B's Responsibilities and Obligations

1. Comply with national policies and laws and regulations; abide by the relevant rules and regulations of the owners and enterprises of Party A, and do a good job in safety, civilized construction, environmental and occupational health and safety, and labor protection.

2. Strictly organize the construction according to the design drawings, construction acceptance specifications, relevant technical requirements and construction organization design to ensure that the project quality meets the agreed standards, and is responsible to Party A for the project quality within the contract labor contract; according to the owner or Party A Planning requirements, rational organization, scientific arrangement of work plans, input of sufficient manpower, material resources, guarantee the construction period; bear the quality of repairs due to their own responsibility, delays in construction delays and various fines.

3. The quality and quantity of management personnel and safety personnel required by the bidding archives and commitments shall be in place. Technical workers must be employed according to state regulations. Skilled workers must have vocational skills operation certificates, and the certificate rate must reach 100%. Special types of work must have special operation permit, and the certificate rate reaches 100%.

4. Obey the supervision, inspection and management of Party A and the owner; accept the management of quality, progress, technology, safe production, civilized construction and environmental protection by Party A and the relevant owners: Accept Party A to inspect its equipment and materials at any time. Custody, use and the valid documents of the operators and the status of holding the certificates;

5. Do a good job in the protection of finished products around buildings, structures, underground pipelines and completed projects. Any damage caused by Party B's liability shall be borne by itself and all kinds of financial losses and various fines:

6. According to Party A's unified plan for stacking materials and machinery; properly keep and reasonably use the equipment, turnover materials and other facilities provided or leased by Party A to Party B:

7. According to the national policy, sign the Labor Contract with each employee and pay the wages of the workers according to the terms stipulated in the contract, and bear the disputes caused by the incomplete work or the punishments and responsibility consequences of the relevant local administrative departments;

8. Equip the builder with the necessary labor protection and safety protection articles;

9. The construction personnel are required to have the conditions of good thinking, good health and technical proficiency; the minors under the age of 18 and the elderly over the age of 55 and the physically and mentally handicapped are prohibited; the use of unscrupulous persons is prohibited, and Party B shall bear the cause Responsibilities and consequences arising from the use of the above unqualified personnel.

10. If Party A is temporarily out of place and the owner fails to pay the project payment on time, Party B shall not affect the normal construction due to this, and shall not gather the public to make troubles and understand the understanding of Party A.

Article 9 Environmental Protection, Safe Production and Civilized Construction

1. Party A shall organize and organize the education of Party B's construction workers on safe production, civilized construction, environmental protection and related systems of the company; in accordance with national laws and regulations and relevant company rules and regulations, supervise and monitor the implementation of relevant work of Party B. To make its system work effectively.

2. Party B shall abide by the relevant regulations on safety construction of engineering construction, strictly follow the safety construction standards; strengthen the safety education for on-site operators; conscientiously implement safety measures, take necessary safety protection measures, eliminate hidden dangers, and ensure full production At any time, it is subject to supervision and inspection by security inspectors. Due to ineffective safety measures and accidents caused by illegal operations, all liability consequences and economic costs are assumed.

In the event of a safety accident, Party B shall promptly report to the relevant department of Party A in accordance with relevant regulations, and at the same time handle the accident in accordance with relevant state laws.

3. Party B strictly implements the construction management department and environmental protection, fire protection, sanitation and other relevant departments to the construction site management regulations, to achieve civilized construction; to ensure that the construction site is clean and orderly, in line with the relevant provisions and requirements of civilized construction, to maintain good Party A The corporate image and bear the losses and fines caused by violation of relevant regulations.

Strengthen on-site management and take all appropriate measures to protect the internal and external environment of the site, limit noise or other pollution caused by construction operations; avoid damage and obstruction to the public and third-party property.

Article 10 Materials and Equipment Supply and Management

1. The turnover system provided by Party A to Party B shall be provided to Party B and shall be provided to Party B according to the engineering plan.

2. Party B shall properly keep and reasonably use the materials and equipment supplied by Party A; if it is lost or damaged due to improper storage and use, Party B shall compensate according to the price at the time of receipt.

3. Materials shall be subject to the limit of material collection according to the budget, and Party B shall use materials reasonably and pay attention to conservation. If the use of materials exceeds the budgeted amount, the excess cost shall be borne by Party B; the material saving part shall be divided into _______ by both parties.

Article 11 Contracting methods, prices and contents

1. Contracting method and unit price

2. Content included in the contract price:

The contract price includes all kinds of risks of Party B during construction and the salary and dispatching fees of construction workers: the cost of small equipment; the second-time reversal of various materials; the natural weather affects the unforeseen days of water, power outages, and materials waiting; Including the use of turnover materials, loading and unloading, care, custody, retreat; labor protection supplies costs; the separation of safety protection facilities; civilized construction costs; contracted measurement within the scope of the line, material testing, electrical, mechanical equipment maintenance and Installation and disassembly cooperation; prevention of labor costs for measures taken in general natural disasters;

3. The unit price of this contract is a package price, and it will not be adjusted due to other factors during the implementation of the contract.

Article 12: Settlement methods and payment methods

1. On the 25th of each month, Party A shall complete the labor contract settlement fee according to the actual amount of the project, and settle the contract price on the 5th, and pay the financial department of Party A as the basis for paying the labor contract.

2. Party A does not prepay Party B's living expenses, labor service contract fees are paid monthly, and the payment time is paid by the owner, and _______% of the settlement amount of the previous month is paid. _______% of the settlement payment after the completion of the contracted project, the balance _ ______% After the completion and acceptance of the contracted project has reached the contractual requirements, it will be paid off.

3. In the monthly settlement of contract fees, Party B shall be deducted from Party A’s labor service fee of _______%.

Article 13 Construction Acceptance

1. Party B shall organize the construction according to the quality standards stipulated in this contract to ensure the construction quality. Upon completion of construction, Party B shall submit a self-inspection report to Party A in time for notification and acceptance; Party A shall promptly organize the relevant departments of Party B's construction results to conduct preliminary acceptance, and then enter the next process of construction after passing the acceptance; the acceptance results indicate that Party B's construction quality is not When passing the examination, Party B shall be responsible for repairing without compensation, not extending the construction period, and bearing the related losses caused by Party A.

At the time of completion acceptance, the quality defects of the project proposed by the owner, supervisor and other related parties shall be repaired by Party B without compensation, and shall bear the relevant losses caused by Party A, and shall not relieve Party B's responsibility due to the acceptance of Party A in advance.

2. Party B shall cooperate with Party A's preliminary acceptance and completion acceptance of its work; Party A shall cooperate with Party A's instructions when Party A or the third party's work in the construction site must cooperate with Party B.

Article 14 Project Warranty

1. Warranty scope, duration: ______________

2. During the warranty period, Party B shall send personnel to repair according to the content and time of Party A's request after receiving the maintenance notice. If Party B fails to comply with Party A's requirements, Party A may entrust other units or personnel to repair it, and Party B shall bear the expenses.

Article 15 Insurance

1. The person in charge of Party B must handle accidental injury insurance for the personnel engaged in dangerous operations, and provide insurance for the life and property of the self-owned personnel and construction machinery and equipment in the construction site, and pay the insurance premium.

2. When an insurance accident occurs, both Party A and Party B have the responsibility to take necessary measures to reduce the loss.

Article 16 Disputes

1. A dispute between Party A and Party B in the performance of the contract may be settled by negotiation; otherwise, both parties shall resolve it at the labor arbitration department or the people's court where the contract is signed.

2. After a dispute arises, both parties shall continue to perform the contract unless the following circumstances occur, and keep the work continuous and protect the finished work;

2.1 The unilateral breach of contract results in the contract being unfulfilled and the parties agree to terminate the contract;

2.2 Mediation requires the suspension of the contract and acceptance by both parties;

2.3 The arbitration institution requests to stop the contract work;

2.4 The court requested that the contract work be stopped.

Article 17 Contract Performance Bond

1. Party B shall pay Party A the contract performance bond _______ yuan.

2. The contents of the contract performance bond shall include the various batches specified in the contract and the commitment conditions in the bid file, such as: construction period, quality, safety, environmental protection, civilized construction, number of personnel in the peak construction period, and busy farming The number of people in the season, paying farmers' wages, obeying laws and regulations, etc. If the requirements specified in the above content are not met, a certain amount will be deducted from the performance bond; if a serious breach of contract occurs or an irreparable loss is caused to Party A, all the deposit will be forfeited and the compensation will cause the result to Party A.

3. After the completion of the project, Party B shall complete the contract according to the contents signed by both parties. Upon acceptance by the relevant department in accordance with the requirements stipulated in this contract, Party A shall return Party B's performance bond within one month.

Article 18 Force Majeure

1. The standard of force majeure implements the contract signed between Party A and the owner. When there is no corresponding standard for the contract signed by Party A and the owner, the national or local government regulations are implemented.

2. After the event of force majeure, Party B shall immediately notify Party A's project manager and take prompt measures to reduce losses as far as possible, and Party A shall assist Party B in taking measures.

3. The working time delayed due to the force majeure event will be postponed.

4. Due to the force majeure after the contractual party delays the performance of the contract, the corresponding responsibility of the delaying performer cannot be waived.

Article 19: The contract is lifted

1. If the contract cannot be performed due to force majeure, or the contract is unsuccessful due to one party defaulting or the construction is suspended or slowed down due to the owner's reasons, the contract may be terminated.

2. If the contract is terminated due to force majeure or the owner's reasons, Party B shall properly complete the work and protection of the completed project and the remaining materials and equipment, and withdraw the construction site as required; Party A shall pay the remuneration for the completed work according to the contract.

Article 20 Termination of contract

Both parties shall perform all the obligations of the contract; the payment of the labor remuneration shall be completed; Party B shall deliver the results of the contracted engineering work to Party A and pass the completion acceptance test; the contract shall be terminated if there is no quality problem after the expiration of the warranty period.

Article 21 Number of Contracts

This contract is a _______ share, Party A ____ share; Party B _______ share.

Article 22 Supplementary Provisions

__________________________________________

Article 23: The contract takes effect

This contract is effective after _______ is agreed upon by both parties.

Contract signing time: ______________

Contract signing location: ______________

Party A: ______________

Party B: ______________

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