Employer, contractor and building information
Before the contract text begins, the first thing to pay attention to is the employer, contractor, project name, project location, building area, structure type, contract scope, project cost and matters needing attention in the design process of construction project. At the same time, according to the actual situation, the commencement date of the project and the handling period of related work should be formulated.
Engineering acceptance regulations
In this part, it is necessary to specify what the contractor needs to do when the project meets the acceptance and concealment conditions. For example, before the project reaches the intermediate acceptance part, the contractor needs to conduct self-inspection and notify the employer to participate within 48 hours. Qualified, can sign to continue the construction. At the same time, the contract will be stipulated later in this part, if both parties violate it.
Design change regulations
Engineering design may change according to the actual situation during construction. If the Employer needs to change the original design, it shall also notify the Contractor in writing within 10 days before the change after approval, otherwise the Contractor may refuse to change. At the same time, relevant materials should be submitted within 5 days.
Prepayment and payment of project funds
The project payment is a huge and complicated sum. In order to standardize the payment of project funds, it is necessary to stipulate in the contract that the employer will complete the payment according to certain standards, generally, how many times and what kind of price standards are stipulated.
settlement of dispute
If there is a dispute between the employer and the contractor, the contract needs to stipulate that both parties can apply for mediation through consultation or to the construction project contract management agency and relevant departments. If mediation fails, they can choose to apply to the Arbitration Commission or bring a lawsuit to the court.
Contract termination and liability for breach of contract
If the Employer and the Contractor fail to perform their obligations in accordance with the terms of the agreement, they shall bear corresponding liabilities for breach of contract. At the same time, as long as the contract between the two parties is not terminated, the breaching party shall continue to perform the contract after assuming the aforementioned liabilities for breach of contract.
In the last part of the model contract, the conditions for the contract to take effect should also be stipulated, that is, the signatures or signatures of both parties, and the number of copies of the contract to be saved should be indicated before it can be regarded as valid. With these contents, it is the whole content of the latest version of "Model Construction Engineering Design Contract".