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Description of the model contract of highway engineering construction supervision contract

Highway engineering construction supervision contract agreement

I. General conditions for the construction supervision contract of highway engineering Article 1 “Definition and Interpretation” applies to all files in the “Construction Contract for Highway Engineering Construction”, namely: agreement, general conditions, special conditions, subsidiary file A, subsidiary file B , attached file C and other supplementary files or attached files.

2. The agreement consists of a series of files. The other files and other subsidiary files refer to the files or auxiliary files that the signing parties agree to add to the supervision contract. The contract must be specified in the agreement. If there is a contradiction between the files included in the agreement, in accordance with the provisions of Article 1.2.3 of the general conditions of the supervision contract, the files that are finalized or finalized by both parties shall prevail in chronological order. It has nothing to do with the order in which the file is listed in the agreement.

3. The signing parties shall stipulate in the 6.2.1 of the special conditions for the supervision contract and the auxiliary file C of the supervision contract, the time limit and method for the owner to ask the supervision unit to pay the supervision service fee; in the subsidiary file B of the supervision contract, the owner shall provide the work to the supervision unit. The term and type of conditions.

4. The signing parties shall stipulate the form, scope and content of the supervision service provided by the supervision unit in the subsidiary file A of the supervision contract; in the supervision committee and the special conditions, Article 5.2, stipulate the time and relevant time limit for the supervision unit to provide the supervision service.

5. The date of termination of the agreement as determined by the parties at the time of signing the contract. If there is a change in the course of performance, the parties may adjust this date by signing a supplementary agreement.

6. The signing parties shall determine the number of copies of the agreement according to actual needs, or may agree that the original of the agreement has the same effect as the copy. When there is a contradiction between the two, the original shall prevail.

General conditions for construction supervision contract of highway engineering

1.1.6 “Third Party” shall be mainly understood as the unit, entity or individual that signs the project contract with the owner, ie “contractor”.

1.1.7 If the project contractual contract signed by the owner and the third party stipulates the duties and powers of the supervision unit when performing the supervision service, the supervision contract shall include all the files in the engineering contract signed by the owner and the third party.

2.2.1 The normal supervision service performed by the supervision unit according to the supervision contract must clearly specify the form, scope and content of its supervision service in the auxiliary file A of the supervision contract.

2.2.2 Change the form of supervision service specified in Attachment File A of the Supervisory Contract, or beyond its scope, or increase its content, the parties shall change by signing a supplementary agreement. It is the duty of the supervision unit that the supervision unit performs or provides the additional supervision service specified in the supervision contract. The supervision unit shall not refuse it because it belongs to the attachment.

2.3.1 “Strict supervision, enthusiasm, impartiality, and meticulousness” is the principle of supervision work that has been summarized since the implementation of the supervision system in China's highway industry; the supervision unit provides supervision services in accordance with the requirements of the supervision contract, which reflects that there is a kind of relationship between the owner and the supervision unit. Entrusted and entrusted contractual relationship; supervision service belongs to the scope of technical service. The main basis of supervision work is the professional technical regulations specified in various types of suitable or supervision contracts; Propose the implementation of supervision services in accordance with the recognized industry work standards in accordance with international practice, and list the supervision regulations promulgated by the State, the Ministry of Communications, and the province where the project is located as the basis for supervision services in Article 5 of the subsidiary file of the supervision contract; The responsibilities and licenses assigned by the project to the supervising unit are quite different. In the fourth article of the subordinate file A of the supervision contract, this should be detailed and appropriately explained.

2.3.2 “The contract file must be part of the supervision contract” means: all the files in the project contract signed by the owner and the third party, and the supplements prepared for the contradiction between the child contract file and the supervision contract file. The file must be included in the second article of the supervision contract agreement and also included in the fifth article in the subsidiary file A of the supervision contract.

2.4.1 The main supervisors generally refer to the supervisors of professional engineers and resident supervision engineers. The qualification materials should include the graduate school, the major, the technical title, the job resume and the general situation, and attach the diploma and title certificate. A photocopy of the certificate of the supervision engineer or the certificate of supervision work and the identification materials such as the ID card.

2.4.2 The authorized representative designated by the supervising unit shall generally be the person in charge of the supervision service dispatched by the supervising unit to the location of the project.

2.5 The facilities, equipment and important items required for the supervision unit to perform the supervision service are generally provided by the owner and the property rights belong to the owner; however, there are also cases where the contractor provides or requests the supervision unit to provide it. In this case, it must be in the special conditions of the supervision contract. Write out the amendments.

3.2 The content and quantity of the information related to the supervision service provided by the owner to the supervision unit free of charge, the two parties may stipulate in the first article of the subordinate file B of the supervision contract according to actual needs.

3.4 The authorized representative designated by the owner shall generally be the person responsible for the supervision work at the project site.

3.5 The customary practice is to clarify the scope of duties and powers of the supervisory unit to the third party through the engineering contracting contract signed by the owner and the third party; in particular, the supplementary and revised files concerning the authority of the supervisory unit must also be included in the project contract.

3.7 If the owner has already placed the supervision unit in the supervision contract and asks the supervision unit to include the expenses of the auxiliary staff required for the supervision service in the quotation of the supervision fee, the supervision service shall serve as the normal service of the supervision unit.

4.1 4.2 4.3 All of the above terms and conditions are penalties for signing one of the elements of the economic contract. In view of the fact that in the actual implementation process, the situation is more complicated, the signing parties must stipulate specific compensation methods and related matters in the corresponding clauses of the special conditions for supervision contract.

4.5 Any party to the contract must have provided certain conditions for the performance of the supervision contract to the other party, but considering the current situation that the domestic socialist currency market economic system is not yet sound, the social security system is still imperfect and there are many external interference factors. The degree of restriction used in this article is 'should' and 'may'.

46 units and both parties should handle all kinds of insurance inspections on a voluntary basis to reduce the risk of using the supervision contract, otherwise the consequences will be at their own risk.

5 This entry specifies the conditions for the entry, termination, change, suspension, suspension, transfer and subcontracting of the supervision contract, with the focus on changing, suspending and suspending the terms of the supervision contract.

The change supervision contract has a premise and is divided into two categories. Article 5.4.1 stipulates that the supervision contract must be changed on the basis of unanimous consent of the contracting parties; Article 5.4.2 stipulates that when the owner requests to change the form, scope and content of the supervision service specified in the supervision contract, such change leads to increased supervision. Service workload should be an additional service of the supervision unit;

Article 5.4.3 stipulates that when the non-supervising unit causes the supervision service to be hindered or delayed, such changes result in an increased supervision service workload and should be used as an additional service of the supervision unit.

There are two types of suspension of supervision contracts. Article 5.5.1 stipulates that when the non-supervising unit causes the supervision unit to suspend the supervision service, the increased supervision service workload shall be regarded as the additional service of the supervision unit; Article 5.5.2 stipulates: the owner requests the supervision unit to suspend the supervision. At the time of service, the increased workload of supervision services shall constitute additional services for the supervision unit. The suspension of supervision services is likely to result in the suspension of the supervision contract. Article 5.5.4 stipulates that if the above-mentioned suspension of supervision services has been more than 6 months, the supervision unit has the right to suspend the supervision contract unilaterally in accordance with the corresponding procedures stipulated in the supervision contract.

The suspension of supervision contracts can be divided into three types. Article 5.5.1.2 stipulates that the non-supervising unit causes all the supervision services to be unable to continue to perform, and the supervision unit has the right to suspend the supervision contract unilaterally; Article 5.5.3 stipulates: when the supervision unit seriously defaults, the owner has the right to unilaterally suspend Supervisory contract; Article 5.5.4 provides:

When the owner seriously defaults, the supervision order has the right to suspend the supervision contract unilaterally.

Article 5.3.5 stipulates that the suspension of the supervision contract is not equivalent to the invalidity of the contract, and shall not damage the obligations, responsibilities, powers and interests of the contracting parties under the supervision contract.

5.6 Under normal circumstances, the supervision contract may not be transferred, and in principle, subcontracting is not allowed.

6 The expenses of the supervision unit performing the supervision service in accordance with the provisions of the supervision contract can basically be divided into two categories, one is the normal service fee determined according to the 'supervisory contract subsidiary file A'; the second is the additional service fee determined according to the supplementary agreement. . The method and scope of the owner's calculation of the supervision service fee, and the method and time of payment to the supervision unit shall be clearly specified in the auxiliary file C of the supervision contract.

7.1 Although the owner and the supervising unit are the entrusting party and the entrusted party respectively, and there may be a subordinate relationship during the performance of the supervision service, the two parties are basically a contractual relationship. Both parties to the contract must work in accordance with the provisions of the supervision contract, and neither party may privilege to discriminate against the other party for any reason.

7.2 Considering the applicability of the “Public Principal Construction Contract Model” to Sino-foreign joint venture or foreign loan projects, it is required to specify in the special conditions of the supervision contract, the language to be used by the supervisory association or the dominant language and the law followed by the contract;

In Article 6.3 of the General Conditions, it is required to specify in the special conditions that the owner pays the currency type and proportion of the supervision fee.

7.4 The supervision unit shall be provided with supervision services by the owner, and must always be fair and honest, and consciously safeguard the legitimate interests of the owners in accordance with the provisions of the supervision contract.

Special conditions for construction supervision contract of highway engineering

The examples listed in the terms of this entry are for reference only. The signing parties shall refer to the corresponding clauses in the general conditions of the supervision contract according to the actual conditions of the project and the project, and write the special part A of the supervision contract from the true.

2.5 If the supervision unit performs the facilities, equipment and important items required for the supervision service according to the supervision contract, it is provided by the contractor and the property rights belong to the contractor. First, the corresponding clauses in the general conditions shall be amended by the part B of the supervision contract special conditions, and then the relevant matters shall be stated in the clause.

4.1 The supervision unit violates the provisions of the supervision contract, and thus causes the economic loss of the owner, which may be broader and difficult to determine. In accordance with established practice, the supervising unit generally only compensates for works that have been damaged as a result of their explicit responsibilities.

4.4 Compensation limits may be considered in a variety of ways, for example, in accordance with the principle of reciprocity: the cumulative limit amount that the supervision unit compensates to the owner is: the total supervision service cost of the relevant project or project multiplied by the proportion of the responsibility of the supervision unit minus the tax paid; The cumulative limit amount paid to the supervision unit is: the full supervision service fee of the relevant project or project.

4.5.2 In view of the various restrictions on the provision of performance guarantees by banks in the current situation in China, it is recommended that the owners consider various methods to be modified in this clause.

5.5.4 For projects with shorter term of supervision contract, the change of supervision service fee may be disregarded regardless of price changes; for projects with longer term of supervision contract, the owner shall conduct supervision service fee of supervision unit according to price index method. Adjustment.

6.2.1 The time limit for the owner to pay the supervision service fee to the supervision unit is 28 days according to the usual practice.

7.3 Owners According to the actual situation of the project or project, they can set up individual awards or set up comprehensive awards. They can also set certain target awards to reward the supervisors for their outstanding achievements in the performance of supervision services.

8 The two parties may only stipulate a way to resolve the final dispute. If the arbitration method is agreed, the party who is dissatisfied with the arbitration result may not appeal to the court.

B. The signing parties shall amend or delete the clauses that are not applicable in the general conditions of the supervision contract according to the actual conditions and specific requirements of the project or project, and supplement the missing clauses. In accordance with established practice, when there is a contradiction between the general conditions of the contract and the conditions specific to the contract, the conditions specific to the contract shall prevail.

Highway Engineering Construction Supervision Contract Attachment File A

1. The form of supervision service consists of two parts. In the first part, the principle requirements for the qualification of the supervision unit, the main mode of the supervision service and the work affiliation in the process of supervision service are put forward; in the second part, the arrangement of the supervision service organization and the arrangement of the personnel work plan are proposed. Specific requirements such as the qualifications of key personnel.

2. In the scope of supervision services, the scope and scope of work included in the supervision service are mainly described, and the nature, purpose and main objectives of the supervision service are specified.

Third, the work content of supervision services should first refer to the "Code for Construction Supervision of Highway Engineering"

The rules are summarized and then adjusted according to the actual conditions of the project and the project.

4. The owner shall accurately define the scope of duties and the division of the permit of the supervisory unit according to the specific supervision work specified in the contents of the supervision service.

5. All official contract files, repairs or supplementary files related to supervision services are the basis for the supervision unit to perform supervision services and must be clearly included in this entry.

Highway Engineering Construction Supervision Contract Attachment B

1. According to the actual needs of the supervision unit to perform the supervision service, the parties hereby stipulate the contents, number of copies and time limit of the archives and materials provided by the owner to the supervision unit free of charge.

2. In order to successfully perform the supervision meeting, the owner shall promptly give a written reply to the supervisor's written request for major issues such as the project period, quality, investment, contract and safety of the project or project; the parties hereby stipulate the owner's various questions. The time limit for giving a written reply.

3. The owner should use his own advantages to provide the necessary assistance to the supervision unit at the project location to create a good external working environment, so that the supervision unit can perform the supervision service smoothly according to the provisions of the supervision contract. The parties hereby stipulate that the owner shall be responsible for handling or assisting the supervision unit in handling all matters.

4. In order to support the supervision unit to perform the supervision service, the two parties hereby stipulate the types and quantities of the facilities, equipment and main items provided by the owner free of charge to the supervision unit, and the corresponding latest delivery time, allowable use time, and expenses for use and maintenance. . If the above facilities, equipment and main items are provided by a third party, they shall be handled in accordance with the provisions of the project contractual contract signed by the owner and the third party, and the relevant matters shall be stated in the clause. If the supervisory unit is required to bring all or part of the above-mentioned facilities, equipment and main items, it is necessary to add to the clause the method by which the owner gives economic compensation to the supervisory unit.

5. In order to cooperate with the supervision and supervision service of the single-sector area, the two parties hereby stipulate the types and quantity of the staff of the auxiliary supervision service dispatched by the owner to the supervision unit free of charge, and the management methods of the two parties. If the supervisory unit is required to employ all or part of the above-mentioned personnel, the method of giving economic compensation to the supervisory unit by the owner shall be added to the clause.

Highway Engineering Construction Supervision Contract Attachment File C

I. There are many ways to calculate the cost of supervision services, such as the rate method, the person's annual method and the total amount method. The recommended method is the rate method, that is, according to the engineering contract price included in the scope of supervision services, determine the corresponding supervision service contract rate, and calculate the initial supervision service contract price; multiply the supervision contract price by the supervision The contract rate determines the final settlement fee for the supervision service. If the workload of the supervision service is basically unchanged and the final settlement fee of the supervision service is lower than the initial contract price of the supervision service, it shall be settled according to the initial contract price of the supervision service.

2. The owner shall entrust the supervision unit to provide additional supervision services by negotiating with the supervision unit to sign a supplementary agreement. In principle, the method for calculating the cost of additional supervision services should be determined on the basis of the calculation method of normal supervision service fees. Because the situation is more complicated during the actual operation process, when the owner and the supervision unit sign a supplementary agreement, the supervisory unit should be determined to provide additional services. The calculation method of its corresponding cost. In addition, it is recommended that the owner in the supervision contract require the supervision unit to include the overtime expenses outside the statutory festival, holiday and working hours in the quotation of the supervision service fee, and use this supervision service as the normal service of the supervision unit.

2. The owner shall pay the supervision unit timely payment of the supervision service fee that the supervision unit should receive according to the supervision contract in accordance with the time limit and method stipulated in the supervision contract, which is an extremely important contractual obligation of the owner. According to the usual practice, after signing the supervision contract with the supervision unit and receiving the performance guarantee from the supervision unit, the owner should pay a certain mobilization prepayment to the supervision unit, and in the future daily payment, according to the total amount of mobilization prepayment and supervision service fees. The proportion shall be deducted in installments; the owner shall pay the supervision service fee to the supervision unit on a monthly basis according to the method stipulated in the supervision contract; the settlement of the supervision service fee may be divided into two steps: the first step is to complete the mobilization after the issuance of the project delivery certificate. The pre-paid and supervision unit shall deduct the compensation from the owner, settle the supervision service fee of the corresponding project and return a certain percentage of the performance guarantee to the supervision unit;

The second step is to deduct all the funds that should be deducted according to the provisions of the supervision contract after the issuance of the engineering defect liability final certificate, the supervision service fee for the settlement of the project defect liability period and all the funds payable according to the supervision contract. The supervisory unit returns all remaining performance bonds.

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