International Engineering Subcontracting Contract Model

[Legal Education Network]

AAA Electrical Machinery Contracting Company, PO Box No.: ___, and BBB Engineering Company, PO Box No.: ___, entered this subcontract in _ _ _ _ _ _

In view of the fact that the general contractor has been working with the EMS country ____ large electrical project management authority, the contract for the design, transportation and construction of the SSS number project in the EMS country. In view of the subcontractor’s original price for the construction and installation of the contract, the general contractor has accepted the quotation from the subcontractor, based on the subcontractor’s ___year__month__day, __ file and its attached quotation The table, the two sides have reached an agreement as follows:

The following files shall be an integral part of the basic subcontracting agreement;

1 General terms of contract for electrical, mechanical and technical operations.

2 special terms of the contract.

Technical specifications for the 3SSS engineering project.

4 working range and technical requirements.

5 Quotation form for subcontract contract of civil engineering and installation engineering.

definition

When interpreting this subcontract, the following terms shall have the meaning defined here:

“General Contractor” means AAA Electrical Machinery Contracting Company.

“Subcontractor” means BBB Engineering and any subcontracting of any part of the Project by BBB Engineering to any other professional company or institution.

“Engineer of the General Contractor” means the person who is supervised by the general contractor to supervise the subcontractor.

“Subcontracting” means the work to be carried out by the subcontractor in accordance with the provisions of Article 3 “Scope of Work” of this contract.

The scope of work

This project is included in the territory of the EMS Republic, according to the technical regulations of the owner, the construction of the SSS project, as shown

1 Provide supervision of all engineering, training and unskilled workers, provide transportation, mapping tools and equipment, excavation and drilling machinery, cranes for tower installation and insulation hoops, grounding fittings, tension strip installation and wires Hanging and straightening work.

2 Provide concrete materials, cement sand, stone, gray materials, steel bars, and transport to the construction site.

3 Provide accommodation, meals, water, sanitation, transportation and social insurance for all skilled and unskilled persons and administrators.

4 Transportation of materials provided by the general contractor: towers, wires, insulation materials, hardware components, grounding materials of the general contractor in the BKB warehouse, including transportation from the general contractor at the BKB warehouse construction site, and responsible for unloading Car and storage.

5 Subcontractors shall determine the position of the tower according to the profile drawings and surveys provided by the general contractor. The subcontractor shall measure and inspect the position of the tower that has been determined by the general contractor to ensure that the position and position of the tower comply with the requirements of the contract technical specifications, and shall be corresponding to the survey after obtaining the approval of the general contractor. Changes or corrections.

Meet technical specifications

Subcontractors who are familiar with the technical specifications of the owner shall, in accordance with the requirements of the owner, bear all the responsibilities related to the subcontractor within the scope of the subcontracted project.

labor force

The subcontractor shall:

1 Provide a sufficient number of workers from start to finish to meet the requirements of the general contractor engineers in terms of project schedule.

2 In terms of working hours and holidays, local laws, regulations and customs should be observed.

3 Pay wages and obey all local regulations regarding the payment of workers.

4 Provide accommodation and meals for their employees.

5 Provide the general contractor with the competent authorities in the EMS country with all the information about their employees.

6 For the claims or risks of various natures related to this subcontracted project, insurance premiums and workers' compensation shall be provided for their employees and workers at their own expense.

Statutory responsibility

The subcontractor shall be liable for the following matters;

1 Comply with the EMS state's regulations on income tax. Subcontractors are also fully responsible if their employees do not pay personal income tax to the employer.

2 Pay various national security contributions to its employees in accordance with the laws of the EMS State.

3 Subcontractors shall comply with all laws, local methods and regulations applicable to the EMS countries within the scope of this subcontracted project.

Negotiating with the owner

The subcontractor cannot contact or negotiate with the owner at any time except with the authorization of the general contractor's engineer.

Maintenance guarantee period

The Subcontractor will guarantee all works within 12 months from the date of receipt of the Initial Acceptance Certificate and will not cause an accident due to the inferior workmanship of its employees or the poor quality of the materials provided.

Liability for accident or loss

Prior to the handover of the project, the subcontractor shall ensure that the general contractor does not bear the responsibility for various personal injury or property damage, and that the general contractor does not bear the litigation, accusation, claims and litigation costs caused by the subcontractors and their employees. Liability for allegations and other expenses.

Insurance

l Engineering insurance: The general contractor shall insure the permanent and temporary works, construction machinery and equipment at its own expense in accordance with the provisions of the contract, which shall include subcontracting works.

2 Third-party insurance: Third-party insurance, including subcontractors, will be borne by the general contractor, and the subcontractor will not pay any fees.

3 Worker compensation: The subcontractor shall be responsible for the insurance of his workers at his own expense, including claims of various natures related to the subcontracted works.

4 For the determination of the compensation in the insurance policy in the name of the general contractor, the subcontractor shall prepare various valid certificates within 3 days.

Various losses and expenses that cannot be reimbursed by third parties and engineering insurance. The subcontractor shall be responsible for this.

All deductions should be recorded on the subcontractor’s account.

For all motor vehicle transportation equipment and tools belonging to the subcontractor's own, or renting the general contractor or rented to the general contractor, if the insurance policy is not included in the general contractor, the subcontractor shall pay the insurance at his own expense.

transport

The subcontractor shall provide all the transportation vehicles required for the construction of the subcontracted project and the transportation of its personnel to and from the construction site.

Tools and equipment

All the tools required for the construction and maintenance of the public contracting project, including tension equipment, gears, tensioning devices, operating lines, and drives along the vehicle, shall be provided by the subcontractor at their own expense.

The Subcontractor shall comply with all legal and customs regulations relating to the various tools, equipment, machinery and means of transport in the EMS State and shall pay all costs incurred therefrom. Once the nuclear subcontracting project is completed, the subcontractor shall be responsible for withdrawing all of the above equipment and tools from the EMS country.

Delivery of general contractor materials

The general contractor shall be responsible for the delivery of materials, including scaffolding, tower attachment files, wires, insulation, insulation and wire fittings, grounding laws and grounding wires. The subcontractor shall extract the materials from the warehouse of the BKB general contractor, load the materials, transport them to the construction site and unload the trucks at their own expense. According to the agreed progress of the project, the subcontractors need all the work. Materials should be prepared for at least one week before the start of the work. If the general contractor fails to deliver the materials to the subcontractor as described above, the general contractor shall permit the subcontractor to extend the corresponding period.

Effective use of materials

Subcontractors should pay attention to the materials required for the subcontracting project, such as cement, steel, fuel, lubricants, etc. When there is a shortage of supply in the EMS country market, the subcontractor should obtain these materials from other countries at their own expense. Thereby the subcontracting project is carried out without interruption.

Subcontracted quantity

The engineering quantities listed in the price list of the subcontracted project are only approximate, and the variation range is within +__% and -__%. The unit price is not changed. If the change value exceeds +__% and -__%, it shall be handled in accordance with the provisions of Article _ of the general terms of the general contract.

Subcontractor's dormitory area

The general contractor shall obtain a letter of introduction from the owner to the relevant department of the municipal government to select the venue for the subcontractor to establish the dormitory area. The cost of the letter and all costs related to the dormitory area shall be borne by the subcontractor.

Supervision of the general contractor

The general contractor shall designate one or several engineers to supervise the subcontracting project, and the subcontractor's personnel shall be responsible for it.

License and license

The general contractor shall assist the subcontractor to obtain the entry visa, residence permit and labor permit for the subcontractor's employees, the construction materials and equipment import licenses required for the subcontracting project, and the import license for living houses and materials. To obtain a letter from the owner to the relevant authorities of the EM country. The cost of processing these communications and the resulting expenses should be borne by the subcontractor.

Completion and punishment

According to the schedule of delivery materials agreed by both parties, as long as the subcontractor can obtain the materials in time, the subcontractor shall complete the construction of each sub-project according to the following specified date.

If the subcontractor fails to complete the subcontracted project on the above date due to the mistake or negligence of the subcontractor, the subcontractor agrees to pay the general contractor a _% of the subcontracted contract price of the sub-project for each delay, as a fine. Or the fine of the fine, the fine of the fine or the penalty for breach of contract shall not exceed _% of the total price of the subcontract.

Subcontractor's fault

If the general contractor believes that the subcontractor has failed to carry out the construction seriously or promptly, or does not accurately construct according to the contract, or ignores all reasonable written instructions related to the project issued by the general contractor engineer, or violates the contractual provisions of the contract. The merchant may send a written notice to the subcontractor requesting that it correct the misconduct, negligence and breach of contract, and if the subcontractor fails to comply with the notice within a reasonable period of time, in this case, the general contractor will have the right to hire another person and Immediately work on the neglected part of the project. Another method is to return some or all of the project from the subcontractor to other parties without damaging the other normal rights of the general contractor. In this case, the general contractor is free to use all equipment of the subcontractor at any time and is not responsible for the normal wear and tear of the equipment, and does not consider any rights of the subcontractor to these equipment. In addition, the total contractor has the right to retain and request no payment, or the specific circumstances of the completed project, for the part of the balance that is subordinated to the subcontractor according to the subcontracting contract, or the construction cost of the part of the project. set.

As mentioned above, if the project is completed or part of the implementation, if the cost exceeds the balance of the subcontractor, the subcontractor shall bear the excess.

progress report

The subcontractor shall present weekly and monthly progress reports in a format agreed by the general contractor.

Manufacturer certificate and test report

The subcontractor shall be the manufacturer's certificate and test report for the cement, steel, sand, gravel and any other materials to be used for the subcontracted project, and shall be approved by the general contractor. The report sheet for the concrete test block shall be submitted together with the foundation project payment request form. All test and test reports shall comply with the requirements of the relevant standard specifications.

Payment Terms

The general contractor shall pay the subcontractor as follows:

1 Advance payment, the amount is __% of the total amount of the subcontracting contract, and is paid to the subcontractor within 15 days from the date when the subcontractor submits the equivalent bank guarantee payment letter issued by __ bank, the guarantee is valid for __month .

2 The monthly completed project accepted by the owner accounts for __% of the subcontracted contract price.

The 3 segment project accounts for _% of the subcontracted contract price, with a temporary acceptance certificate.

The 4 segmentation project accounts for _% of the subcontract price with the final acceptance certificate.

According to the general contract contract, only after the project has been accepted by the owner within four weeks, the payment specified in the above 1, 2 and 4 can be paid to the subcontractor within five weeks from the date of receipt of the subcontractor's invoice.

The amount payable to the subcontractor is paid as follows:

Local currency of the EMS country: _%

US dollar: _%

The portion paid in local currency is paid in the EMS country, and the portion paid in US dollars is paid by wire transfer to the subcontractor at the __bank__ account, and the remittance should be borne by the general contractor.

Exchange rate: l US dollars: __

The advance payment will be paid in US dollars, and the dollar amount exceeding _% in the advance payment should be deducted from the previous three progress payments.

Acceptance engineering

All projects should meet the requirements of the owner, such as the corresponding specifications and decisions made during on-site negotiations. The general principle should be that the decision of the general contractor engineer on the quality of the project is final, but in the event of a dispute, the owner’s representative The decision should be the dominant opinion.

Tax

The Subcontractor shall be responsible for the payment of all tax returns related to the Subcontracted Project, including but not limited to income tax.

Performance bond

Within 15 days after the signing of the subcontract, the subcontractor shall submit an unconditional performance bond issued by the bank according to the attached letter format. The amount is equivalent to the _% of the subcontract price. The validity period is __month. From the date of signing the subcontract.

Law No. __

The general contractor is protected by the EMS country __ law, sharing the tax exemption stipulated in Article _, _ clause, these tax exemptions also apply to subcontractors.

Settlement of Disputes

Archives and drawings

At the time of receipt of the final payment, or prior to this, the subcontractor shall return to the general contractor all files, drawings and technical specifications provided to it by the general contractor. No file subcontractor described herein shall be used for any purpose other than the purpose of this Agreement; at the same time, the Subcontractor shall not disclose or use any of the files provided by the General Contractor or the industry. Except for the purposes of this Agreement.

Plain concrete

The plain concrete required in Section 9 of the Technical Specifications shall be deemed to have been calculated in the unit price of the subcontract, and the subcontractor shall not make any claim for the provisions of this concrete.

Delayed delivery of general contractor materials

If the general contractor fails to deliver the materials to the subcontractor in a timely manner in accordance with the provisions of this Agreement, the subcontractor’s on-site workers and equipment shall be laid due to the delay in the delivery of the materials by the general contractor, and the personnel and equipment shall not be put into the construction of other projects. At this time, the total distribution shall be paid to the subcontractor's Nangong time according to the daily wage standard stipulated in the price list. When the delayed delivery of the material is less than three days, the subcontractor shall not be able to claim compensation in accordance with this Article.

Subcontractors shall be responsible for cleaning public roads and paving temporary passages for vehicles and equipment to enter and exit public roads. Subcontractors shall be cautious in order to avoid unnecessary loss of property or crops.

This Agreement shall enter into force if the Owner agrees to this Agreement within __ days of the date of signature of this Agreement. If the owner does not express his consent within the above-mentioned date, this Agreement shall be invalid and neither party may claim compensation from the other party.

General contractor representative:

Subcontractor: