Fan Wen Daquan > Contract Model > Construction Engineering Contract Model

Contract model: home decoration contract


Contract number: _________

Party A: ___

company name:_________

address:_____________

identification number:_______

mailing address:_________

Postal code: _________

phone:_____________

fax:_____________

account number:_____________

email:_________

Party B: ___

Qualification certificate number: _______

Legal address: _________

Legal representative: _______

Position: _____________

identification number:_______

mailing address:_________

Postal code: _________

Contact: ___________

phone:_____________

fax:_____________

account number:_____________

email:_________

The first project overview

1.1 Project Location: _________ City _________ District _________ Road _________ _________ Building _________ Room.

1.2 Housing structure: _________ room type _________ room _________ hall _________ set, construction area _________ square meters.

1.3 Project cost: The price of family room decoration and decoration project, according to the principle of market competition, high quality and good price, the agreement is as follows: total price: _________ yuan, uppercase: _________. Among them: material fee: _________, labor fee: _________, management fee: _________, design fee: _________, garbage clearance: _________, tax: _________, other fees: _________. . Upon approval by both parties, the construction content will be changed, and the engineering cost of the changed part will be calculated separately.

1.4 Project contracting method: The two parties agree to adopt the following _________ methods.

Party B shall contract and cover all materials.

Party B shall contract labor and part of the materials, and Party A shall provide some materials;

Party B shall contract labor and Party A shall complete all materials.

1.5 Project Duration _________ Days; Start Date ______ Year _________ Month_________ Day, Completion Date _________ Year _________ Month_________ Day

1.6 Project content and practices.

Article 2 Construction Unit Qualification

2.1 Any unit that undertakes the decoration and decoration of a family room shall hold the “Construction Enterprise Qualification Certificate” issued by the construction administrative department with the scope of contracting for the decoration of the building.

2.2 Party B is an enterprise legal person approved and registered by the industrial and commercial administration authority. It has passed the latest annual inspection of the enterprise and has the qualifications for the civil building decoration and decoration project approved by the construction administrative authority. The qualification level meets the requirements of this construction. If Party B does not have the qualifications for business or the corresponding qualifications, Party A has the right to terminate this contract. Party B shall immediately return the expenses already paid by Party A and compensate the losses.

2.3 For individual decoration and decoration practitioners who undertake the decoration and decoration of family rooms, they shall hold the work certificate issued by the relevant competent department of the people's government at or above the township level, their ID card and temporary residence permit, and submit to the construction administrative department of the project or its construction authority. The designated institution is registered and filed, and the system of “registration, training assessment, skill appraisal, and certificate-based employment” is implemented. The specific measures shall be formulated by the administrative department of construction of the people's government of the province, autonomous region or municipality directly under the Central Government.

2.4 Units and individuals who do not have the “Construction Enterprise Enterprise Qualification Certificate” or the individual decoration and decoration practitioners’ certificates issued by the construction administrative department may not undertake the family room decoration and decoration project.

Article 3 Project Supervision

If the project is supervised by the project, Party A and the supervision company will separately sign the “Construction Supervision Contract” and notify Party B of the name, unit, contact information of the supervision engineer and the duties of the supervision engineer.

Article 4 Construction Drawings

Both parties agree that the construction drawings shall be provided by the following _________ methods:

4.1 Party A shall design and provide the construction drawings by themselves. The time for the submission shall be _________ years _________ months _________ days, the drawings shall be in triplicate, and Party A, Party B and the construction team shall each hold one copy. ;

4.2 Party A entrusts Party B to design the construction drawings. The drawings shall be in triplicate. Party A, Party B and the construction team shall each hold one copy, and the design fee shall be paid by Party A;

4.3 The construction drawings shall be effective after signing by both parties.

Article 5 Party A's rights and obligations

5.1 Before the start of construction, _________ days will create conditions for Party B to enter the construction. All vacated or partially vacated houses shall be removed from obstacles affecting construction; protective measures shall be taken for furniture and furnishings retained in houses that can only be partially vacated, so as not to affect construction. Party B's construction personnel shall carefully check and protect the animals at Party A's construction site, and both parties shall sign a “list of items”;

5.2 Demolition of the original telephone equipment before the start of construction; provide water source and power supply during construction, and explain the precautions for use;

5.3 Responsible for coordinating the relationship between the construction team and the neighbourhood;

5.4 It is forbidden to dismantle the indoor load-bearing structure. If it is necessary to dismantle or change the load-bearing, non-load-bearing structure of the building or move the kitchen, guard position and equipment pipeline, it shall be responsible to go through the corresponding examination and approval procedures with the relevant departments;

5.5 Participate in the supervision of project quality, construction progress and acceptance of materials entering the project and completion of the project;

5.6 The construction deposit and various property management fees received by the property management department of the project shall be paid by Party A, and Party B shall assist in providing relevant materials required for property management;

5.7 Party A shall not change the main body of the building and the load-bearing structure without the original design unit or the design unit with the corresponding qualification level.

5.8 Party A has no right to request Party B to move or modify the heating and gas pipelines;

5.9 The waste generated by the decoration and decoration of the house shall not be disordered. Party A shall pile up according to the location, method and time specified by the property management unit, the resident committee of the house or the unit management department of the house, and clear and transport according to relevant regulations;

5.10 Party A shall not refuse or obstruct the property management unit to supervise and inspect the indoor decoration and decoration activities of the house in accordance with the agreement of the residential interior decoration management service agreement;

5.11 Party A shall not damage the original energy-saving facilities of the house and reduce the energy-saving effect;

5.12 Without approval, Party A shall not arbitrarily pierce the wall of the load-bearing wall, dismantle the wall of the door and window of the connecting balcony, enlarge the size of the original door and window or build another door and window; do not arbitrarily increase the static load on the floor, build the wall in the room or Overloaded ceilings, installation of large lamps and ceiling fans; do not arbitrarily plan the top plate, directly bury the wires or change the line without wearing pipes;

5.13 Without approval, Party A shall not damage public facilities such as water supply and drainage, power supply, gas supply, fire protection, communication, etc., and shall not damage other people's houses and articles.

5.14 Party A shall be responsible for repair and compensation for the blockage, leakage, power outage and destruction of the adjacent residential houses due to the decoration and decoration of the family room; if Party B is responsible, Party A shall be found by Party B. Responsible for repair and compensation.

Article 6 Party B's rights and obligations

6.1 Strictly implement the National Construction Code for Residential Decoration Projects during construction to ensure the quality of the project and complete the project on time;

6.2 Units and individuals who undertake the decoration and decoration of family rooms shall take necessary safety protection and fire-fighting measures to ensure the safety of operators and neighboring residents;

6.3 Protect the furniture and furnishings in the original room to ensure the smooth flow of the upper and lower pipes in the living room;

6.4 All kinds of wastes formed by the decoration and decoration of family rooms shall be stacked and cleared according to the location, mode and time specified by the relevant departments. It is strictly forbidden to abandon wastes and other items from the upstairs to the ground or from the garbage lanes and sewers due to the decoration of the living room;

6.5 Party B's designers are responsible for providing consulting, design, quotation and other related services to Party A. After the contract is signed, Party B’s representative of the project construction will be the project manager sent by Party B. Party A shall contact Party B's project manager for matters related to the project to ensure unified command and management in the project;

6.6 If Party B purchases itself or recommends to Party A to use decoration and decoration materials that do not meet the national standards, causing excessive air pollution and causing losses, it shall be liable for compensation according to law;

6.7 The decorative materials used by Party B shall not be recharged or falsified.

6.8 Party B's construction shall comply with the relevant norms and requirements, and shall not cut corners and reduce materials;

6.9 Party B shall not savagely construct, endangering the safety of the building itself;

6.10 Party B shall not deceive or force the transaction;

6.11 Party B shall not use other company names and trademarks;

6.12 Party B shall not damage the rights of residents and other operators;

6.13 In the area where the resident lives, between 12:30 and 14:30, and between 19:00 and 7:00, Party B shall not engage in the decoration and decoration of the house where noise is generated.

Article 7 Engineering Changes

7.1 In order to ensure Party A's project quality, construction period and warranty service, if there is any change in the project or construction method after the contract is signed, the written agreement “Decoration and Decoration Project Change Order” shall be signed and the relevant project costs shall be adjusted. The construction period, verbal commitment or verbal agreement shall be deemed invalid; Party A shall directly assume the consequences caused by Party A's direct agreement with Party B's on-site staff to change the construction contents;

7.2 After the signing of the contract, Party A shall pay Party B a change fee of 8% of the total amount of the deduction if it exceeds 5% of the total project cost. If Party B's materials used for Party A's deduction are ordered or shipped to the site, Party A shall pay additional materials for return shipping, loss and return; if Party A requests the reduced construction project to be constructed, Party A shall pay Party B the construction of the project. Fees, materials, management fees and demolition fees;

7.3 If Party A pays for the construction after the second payment of the project, Party B shall construct the construction project after receiving 100% of the construction cost of Party A.

Article 8 Provision of materials

8.1 The materials and equipment provided by Party A shall meet the design requirements. Party A shall transport the materials and equipment to the construction site on time and notify Party B. The two parties shall jointly accept and handle the handover procedures; if Party A fails to provide the specifications and quality of the materials or materials on time, it does not meet the design requirements, thereby delaying the construction period or Affect the quality of the project, and the responsibility shall be borne by Party A;

8.2 If the materials and equipment provided by Party B shall be notified to Party A in advance of the materials and equipment delivered to the construction site, both parties shall jointly accept the goods; if the brand, specifications and quality of the materials supplied by Party B do not conform to the quotation, The party has the right to refuse to use, thereby delaying the construction period or affecting the quality of the project, and the responsibility is borne by Party B;

8.3 Party A shall determine the brand, specification, model or price standard of the material. Party B shall be responsible for the purchase of Party A, and shall be used after the materials are transported to the construction site and confirmed by Party A. Party B shall charge Party A's material purchasing fee as material mining pipe fee + material transportation fee; if the return, exchange, and thus the construction period due to material quality problems during the construction process, Party A shall be responsible;

8.4 In addition to the contract, hardware, stone, ceramic tiles, equipment, sanitary ware, lamps, etc., are purchased by Party A and shipped to the site on time; if Party B is required to purchase, the purchase fee of _________% of the purchased materials shall be added. And transportation costs.

Article 9 Delay in construction period

9.1 Delay in completion date for the following reasons, confirmed by Party A, the construction period shall be postponed accordingly:

Engineering volume changes and design changes;

force majeure;

Party A did not stop the work due to the stage acceptance at the time;

Party A agrees with other circumstances in which the construction period is postponed.

9.2 If Party A fails to complete its work in accordance with the agreement and affects the construction period, the construction period will be postponed; if the quality of the materials and equipment provided by Party A is unqualified and affects the quality of the project, the rework costs shall be borne by Party A and the construction period shall be postponed;

9.3 Party A fails to pay the construction cost on time, and the contract period is postponed accordingly;

9.4 If the construction cannot be completed on time due to Party B's materials supply or construction, the construction period will not be postponed; if there is any problem in the quality of the project due to Party B's reasons, the rework costs will be borne by Party B, and the construction period will not be postponed.

Article 10 Quality Standards

10.1 Project Quality

Party B must carry out construction in accordance with the design files and the current national technical standards and specifications.

The projects contracted by Party B must all meet the current national engineering quality acceptance standards. The acceptance rate of the project will reach 100%, and the excellent rate will reach _________.

In case of unqualified construction quality caused by Party B, Party B shall rework freely within the time specified by Party A to meet the project quality acceptance criteria. If the rework is still not achieved, Party B shall be liable for breach of contract. If Party A fails to meet the engineering quality standards, Party A shall bear the responsibility for rework and economic expenditure.

10.2 The parties agree that the construction quality of the project shall be checked and accepted according to the following criteria: _________

"GB50210-2001 Building Decoration Engineering Quality Acceptance Specification"

"_________ City Family House Decoration Engineering Quality Acceptance Regulations"

Other acceptance criteria: _________

10.3 When the two parties dispute the quality of the project during the construction process:

Mediation can be made to the _________ City Consumers Association Home Decoration Complaint Center or the _________ City Building Decoration Association complaint;

If the mediation is not accepted, the project quality inspection agency agreed by both parties shall determine the required expenses and the losses caused thereby, and the responsible party shall bear the responsibility. Both parties have responsibilities, which are borne by both parties in accordance with their responsibilities.

Article 11 Project Acceptance and Warranty

11.1 The parties agree to accept the quality of the project in the following three stages during the construction process:

Acceptance of concealed works such as water, electric pipelines, waterproofing layers and suspended ceilings;

Acceptance of paint and surface coating before construction;

Completion acceptance. Party B shall notify Party A to check the acceptance of each stage two days in advance, and the project acceptance form shall be filled after the acceptance of each stage. If Party A receives the notice and fails to participate in the inspection and acceptance on time, Party B has the right to stop working, and Party B shall bear the delays and other losses caused to Party B;

11.2 Warranty

After the completion of the project is completed and the balance of the project is settled, Party B shall go through the formalities for the transfer and complete the project warranty.

Under normal conditions of use, the minimum warranty period for residential interior decoration works is two years, and the leakage resistance of kitchens, bathrooms and exterior walls with waterproof requirements is five years. The warranty period shall be calculated from the date when the residential interior decoration project is completed and accepted.

Article 12 Payment method of construction funds

12.1 The parties agree to pay the construction cost in the following _________ manner:

After the signing of this contract, before the start of construction, _________ to _________ days, Party A shall pay the construction cost equivalent to the total price of _________%;

Within _________ days after the date of completion of _________% of the amount of work, Party A shall pay the construction cost equivalent to _________% of the total price;

Within _________ days after the completion of the acceptance, Party A shall pay the construction cost equivalent to the total price of _________%.

Upon completion of the acceptance inspection _________ years or the agreed warranty period expires, Party A shall pay the construction cost equivalent to the total price of _________%.

If Party A pays the construction cost and Party B’s salesman or construction personnel collect it, it shall be deemed that Party B will collect it.

12.2 If the total price is increased or decreased due to the change of construction content, Party A shall pay or collect the increase or decrease amount on the date of completion of the completion acceptance.

12.3 A receipt shall be issued for all payments between the parties. After the completion of construction, Party A shall issue a legal invoice after Party A fully pays the amount due.

12.4 After the completion of the acceptance, Party A has the right to retain the _________% of the warranty fund equivalent to the total price of the project. After the completion of the acceptance inspection, if there is no engineering quality problem within _________, Party A shall refund the full amount of the warranty fund to Party B.

Article 13 Liability for breach of contract

13.1 After the contract is signed, if either party proposes to cancel the contract or if the contract fails to perform due to any reason, the other party shall be notified in time. After the parties have agreed to do so, the contract may be terminated or postponed. The defaulting party shall The observant party pays _________% of the construction cost; if the loss is caused, the defaulting party shall compensate.

13.2 If the project fails to pass the acceptance or fails to pay the final payment and fails to hand over, if Party A uses or arbitrarily uses the finished product, the project shall be deemed qualified, and Party A shall be responsible for the loss, and Party A shall automatically waive the warranty. And the right to repair and Party B still has the right to recover the final payment.

13.3 If Party A fails to pay the construction cost on time, Party B has the right to suspend the work, and Party B shall pay Party B a penalty of 2‰ of the total project cost for each delay.

13.4 Due to the reasons of Party B, the quality of the project will not meet the quality standards agreed by both parties. Party B shall be responsible for the repair, and the repair costs shall be borne by Party B, and the construction period shall not be postponed.

13.5 Due to the delay of the construction period caused by Party A or Party B, each time the delay is delayed, the responsible party will pay 2% of the total project cost as liquidated damages.

Article 14: The solution to the contract dispute

When the dispute between the two parties is resolved, the following _________ methods are resolved:

14.1 Apply to the _________ Arbitration Commission for arbitration;

14.2 Prosecute to the people's court.

Article 15 Other specific provisions

15.1 For the decoration project outside the _________ urban area, Party B shall charge a remote construction fee of 3%-10% of the total construction cost;

15.2 For the garbage generated by the construction of the project, Party B shall be responsible for the removal and transportation to the garbage dumping point prescribed by the government. Party A shall pay the garbage clearing fee for _________ yuan;

15.3 During the construction period, Party A shall hand over the key of the outhouse door to the construction authority of Party B _________ for custody. After the completion of the project handover, Party A shall be responsible for providing the new lock _________, and Party B shall be responsible for the installation and delivery of Party A on the spot;

15.4 During the construction period, Party B's daily working hours are: _________ points in the morning _________ points to _________ points _________ points; _________ points _________ points in the afternoon to _________ points _________ points .

Article 16 Supplementary Provisions

16.1 The project may not be subcontracted after the signing of this contract.

16.2 If Party A and Party B directly sign the contract, the contract shall be in duplicate and shall be effective upon signature by both parties. Party A and Party B shall each hold one copy.

16.3 Where the contract is signed in the home decoration and decoration market of _________ City, this contract shall be made in triplicate. Both Party A and Party B and the relevant departments of the market shall take effect after signing, and each party shall hold one copy.

16.4 The contract is automatically terminated upon completion of the contract.

16.5 This contract implements the voluntary certification of the parties to protect the legitimate rights and interests of the parties to the contract.

16.6 The subordinate file of the contract is an integral part of this contract and has the same legal effect as this contract.

Article 17 Interpretation of the contract

The matters not covered in this contract or the content of the terms are not clear. The parties to the contract may reasonably interpret this contract according to the principles of this contract, the purpose of the contract, the trading habits and the content of the related terms. This interpretation is binding unless the interpretation is inconsistent with the law or this contract.

person A person B:_________

Legal representative: ______ Attorney: ___

Place of signing: ________________ Signing location: __________

_______Year ______Year _______Day _________Year ____________

Home decoration market contract certification advice: _________

Attorney: ______

contact number:________________

place of signing:________________

_________year month day

Attached file one: Home decoration project construction project confirmation form

Attached file 2: List of contents and practices of home decoration projects

Attached file three: home decoration project quotation form

Attached file four: Party A provides a list of decoration and decoration materials

Attachment File 5: Party B provides a list of decoration materials

Attached file six: home decoration project design drawings

Attached file seven: decoration and decoration project change order

Subsidiary File 8: Engineering Acceptance Form

Subsidiary File IX: Project Statement

Subsidiary File 10: Engineering Warranty

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