Entrusted supervision contract of construction project
(GFNo. 2000-0202)
People's Republic of China (PRC) Ministry of Construction
State Administration for Industry and Commerce
Entrusted supervision contract of construction project
first part
The client and the supervisor Yancheng Shunguo Construction Supervision Co., Ltd. signed this contract through consultation.
I. The general situation of the project entrusted by the client (hereinafter referred to as "the project") is as follows:
Project name:
Project location:
Project scale: about ㎡.
Total investment: about 10,000 yuan.
2. The meanings of related words in this contract are the same as those given to them in the standard conditions in Part II of this contract.
Three. The following documents are an integral part of this contract:
(1) supervision tender or letter of acceptance;
② Standard conditions of this contract;
③ Special terms and conditions of this contract;
④ Supplementary and revised documents signed by both parties during the implementation.
4. The supervisor promises to the client that he will undertake the supervision business within the scope agreed in the special terms and conditions of this contract in accordance with the provisions of this contract.
5. The client promises to the supervisor that he will pay the remuneration to the supervisor according to the time limit, method and currency specified in this contract.
This contract shall be implemented from the date of the month to the date of the month.
This contract is made in duplicate, with the same legal effect, and each party holds one copy.
Client: (signature) Supervisor: (signature)
Domicile: domicile:
Legal representative: (signature) Legal representative: (signature)
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal code:
Tel: Tel:
This contract was signed on: year month day.
Part II Standard Conditions
Definition, scope of application and provisions of words
Article 1 Unless otherwise specified in the context, the following terms and expressions have the following meanings:
(1) "Project" refers to the project entrusted by the client for supervision.
(2) "Client" refers to the party who undertakes the direct investment responsibility and entrusts the supervision business and its legal successor.
(3) "Supervisor" refers to the party undertaking supervision business and supervision responsibility and its legal successor.
(4) "Supervision organization" refers to the organization where the supervisor is stationed at the project site to carry out supervision business.
(5) "Chief Supervision Engineer" refers to the person in charge who is authorized by the supervisor to fully perform this contract with the consent of the client.
(6) "Contractor" refers to a party other than the supervisor, and its client signs a contract on matters related to engineering construction.
(7) "Normal work of project supervision" refers to the scope and content of supervision work entrusted by the client as agreed by both parties in the special terms.
(8) "Additional work of project supervision" refers to: ① additional work beyond the scope entrusted by the client as agreed by both parties in writing; (2) due to the reasons of the client or the contractor, the supervision work is hindered or delayed, and the workload or time limit for a project is increased.
(9) "Extra work of project supervision" refers to the suspension or termination of supervision business, its aftermath, the recovery of supervision business beyond normal work and extra work or reasons not attributable to the supervisor.
(10) "Day" refers to the period from 0: 00 on any day to 0: 00 the next day.
(1 1) "month" refers to the period from any day in one month to the day before the corresponding date in the next month according to the Gregorian calendar.
Article 2 The laws applicable to the entrusted supervision contract of a construction project refer to the national laws and administrative regulations, as well as the departmental rules agreed in the special terms and conditions or the local laws and regulations of the project location.
Article 3 This contract document shall be written, interpreted and explained in Chinese. If the Special Conditions stipulate the use of two or more languages, Chinese shall be the standard language for interpreting and explaining the contract.
Obligations of supervisors
Article 4 The supervisor shall dispatch the supervision institutions and supervisors required for the supervision work as agreed in the contract, submit the list of the appointed chief supervision engineer and main members of the supervision institutions and the supervision plan to the client, and complete the supervision business within the scope of the supervision project agreed in the special terms and conditions of the supervision contract. During the performance of contractual obligations, the supervision work shall be reported to the client regularly as agreed in the contract.
Article 5 When performing the obligations under this contract, the supervisor shall work conscientiously and diligently, provide consulting opinions appropriate to the client's level, and fairly safeguard the legitimate rights and interests of all parties.
Article 6 The facilities and articles used by the supervisor and provided by the client belong to the client's property. When the supervision work is completed or suspended, the facilities and remaining items shall be handed over to the client in the time and manner agreed in the contract.
Article 7 During the contract period or after the termination of the contract, confidential information related to the project and the contract business shall not be disclosed without the consent of the relevant parties.
Obligations of the client
Article 8 The client shall pay the supervisor an advance payment before the supervisor conducts the supervision business.
Article 9 The client is responsible for coordinating all external relations of the project construction and providing external conditions for the supervision work. If part or all of the coordination work is entrusted to the supervisor as required, the entrusted work and corresponding remuneration shall be agreed in the special terms and conditions.
Article 10 The client shall, within the time agreed by both parties, provide the supervisor with the engineering data related to the project required for the supervision work free of charge.
Article 1 1 The client shall make a written decision on all matters submitted by the supervisor in writing and required to make a decision within the time stipulated in the special terms and conditions.
Article 12 The client shall authorize a resident representative who is familiar with the engineering situation and can make a decision within the specified time (as agreed in the special terms) to be responsible for contacting the supervisor. If the permanent representative is changed, the supervisor shall be informed in advance.
Article 13 The client shall promptly notify the contractor of the selected contract in writing of the supervision right granted to the supervisor and the division of functions and supervision authority of the main members of the supervisor, and make it clear in the contract signed with the third party.
Article 14 The client shall provide the following information within the time that does not affect the supervision work of the supervisor:
(1) List of manufacturers of raw materials, components and equipment cooperating with this project.
(2) Provide the cooperative units and the list of cooperative units related to this project.
Article 15 The client shall provide the supervisor with office space, communication facilities, the supervisor's site space and the facilities agreed in the special terms and conditions of this contract free of charge, and give reasonable economic compensation to the facilities provided by the supervisor (compensation amount = the ratio of the service life of the facilities in the project to the depreciation life × the original value of the facilities+management fee).
Article 16 If both parties agree that the client should provide other personnel to the supervisor free of charge according to the situation, it should be agreed in the special terms and conditions of the supervision contract.
Supervisor's rights
Article 17 A supervisor shall enjoy the following rights within the scope of the project entrusted by the client:
(1) The suggestion right to select the general contractor.
(2) Select the approval authority of the project subcontractor.
(3) The right to put forward project construction suggestions to the client, including project scale, design standards, planning and design, production process design and functional requirements.
(4) According to the principle of safety and optimization, put forward suggestions to designers on technical problems in engineering design; If the proposed proposal may increase the project cost or extend the construction period, the consent of the client shall be obtained in advance. If it is found that the engineering design does not meet the quality standards of construction projects promulgated by the state or the design contract, the supervisor shall report to the client in writing and ask the designer to correct it.
(5) According to the principle of ensuring quality, time limit for a project and reducing cost, examine and approve the project construction organization design and technical scheme, make suggestions to the contractor, and submit a written report to the employer.
(6) Be responsible for the organization and coordination of relevant cooperative units in the project construction, and report important coordination matters to the entrusting party in advance.
(7) With the consent of the client, the supervisor has the right to issue a commencement order, a shutdown order and a resumption order, but shall report to the client in advance. If it is impossible to report in advance due to emergency, it shall make a written report to the client within 24 hours.
(8) the right to check the materials used in the project and the quality of the project. Have the right to notify the contractor to stop using materials, components and equipment that do not meet the design requirements, contract provisions and national quality standards; For processes, divisions, subdivisional works and unsafe construction operations that do not meet the specifications and quality standards, the contractor has the right to notify the contractor to stop work, rectify and rework. The contractor can only resume work after receiving the resumption order from the supervision organization.
(9) the right to inspect and supervise the construction progress of the project, and the right to sign and recognize that the actual completion date of the project is ahead of or beyond the completion period stipulated in the construction contract.
(10) within the scope of the project price agreed in the project construction contract, the right to sign and recognize the project payment and the right to veto the confirmation of the project settlement. Without the signature of the chief supervision engineer, the client will not pay the project payment.
Article 18 A supervisor may, according to the authorization of the client, propose changes to the obligations agreed in the contractor's contract. If this seriously affects the project cost or quality or schedule, such changes must be approved by the customer in advance. In case of emergency, if the customer fails to report for approval in advance, the supervisor should also inform the customer of the changes made as soon as possible. In the process of supervision, if the contractor's personnel are found to be ineffective, the supervision institution may require the contractor to replace the relevant personnel.
Article 19 Within the scope of the entrusted project, any opinions and demands (including claims) of the client or contractor on the other side must be submitted to the supervision institution first, and the supervision institution will study and deal with the opinions, and then negotiate with both parties. When there is a dispute between the client and the contractor, the supervision institution shall make independent judgment and mediate fairly according to its own functions. If the dispute between the two parties is mediated by the administrative department of construction of the government or arbitrated by an arbitration institution, the factual materials to prove it shall be provided.
Rights of the client
Article 20 The employer has the right to choose the general contractor of the project and sign a contract with it.
Twenty-first the client has the right to determine the project scale, design standards, planning and design, production process design and design and use functional requirements, and has the right to approve the project design changes.
Twenty-second supervisor to replace the chief supervision engineer must obtain the consent of the client in advance.
Article 23 The client has the right to require the supervisor to submit the monthly supervision report and the special report within the supervision business scope.
Article 24 When the client discovers that the supervisor fails to perform the supervision duties according to the supervision contract, or colludes with the contractor to cause losses to the client or the project, the client has the right to ask the supervisor to replace the supervisor until the contract is terminated, and ask the supervisor to bear the corresponding liability for compensation or joint liability for compensation.
Supervisor responsibility
Article 25 The responsibility period of the supervisor shall be the validity period of the entrusted supervision contract. In the process of supervision, if the date agreed in writing is exceeded due to the delay or delay of construction progress, both parties shall further agree to extend the contract period accordingly.
Article 26 A supervisor shall perform the agreed obligations within the responsibility period. If the client suffers economic losses due to the fault of the supervisor, it shall compensate the client. The total accumulated compensation (except as stipulated in Article 24 of this contract) shall not exceed the total supervision fee (excluding tax).
Article 27 If the contractor violates the quality requirements and the completion (drawing and delivery) period agreed in the contract, the supervisor shall not be liable. If the entrusted supervision contract cannot be fulfilled in whole or in part due to force majeure, the supervisor shall not be liable. However, the client shall be liable for compensation for the relevant matters that violate the provisions of Article 5.
Article 28 If the claim for compensation made by the supervisor to the client is not established, the supervisor shall compensate the client for all expenses incurred due to the claim.
Principal's responsibility
Article 29 The client shall perform the obligations stipulated in the entrusted supervision contract. If it violates the contract, it shall bear the liability for breach of contract and compensate the economic losses caused to the supervisor.
When handling the entrusted affairs, the supervisor may claim compensation from the client if he suffers losses due to reasons other than the supervisor.
Article 30 If the client's claim against the supervisor cannot be established, it shall compensate the supervisor for all expenses incurred due to the claim.
Entry into force, modification and termination of the contract
Article 31 If the supervision work is blocked or delayed due to the reasons of the client or the contractor, resulting in extra work or prolonged construction period, the supervisor shall promptly notify the client of the situation and the possible impact. The time for completing the supervision business is correspondingly extended, and extra work is paid.
Thirty-second after the signing of the entrusted supervision contract, the actual situation changes, so that the supervisor can not perform the supervision business in whole or in part, the supervisor shall immediately notify the client. The completion time of supervision business should be extended. When the supervision business is resumed, the supervision business shall be resumed for no more than 42 days, and the supervision remuneration shall be paid according to the amount agreed by both parties.
Article 33 The supervisor shall go through the formalities of completion acceptance or project handover with the employer, and the contractor shall sign the project warranty responsibility letter with the employer. After the supervisor receives the final payment from the supervisor, this contract shall be terminated. The responsibilities during the warranty period shall be agreed by both parties in the special terms and conditions.
Article 34 If one party requests to modify or terminate the contract, it shall notify the other party 42 days in advance. If losses are caused to one party due to the termination of the contract, the responsible party shall be responsible for compensation, except that it can be exempted from liability according to law.
The notice or agreement to change or terminate the contract must be in writing. Before the agreement is reached, the original contract is still valid.
Article 35 If the supervisor fails to receive the payment documents within 30 days from the date when he should receive the supervisor's remuneration, and the client fails to make a written explanation to the supervisor, or suspends the supervision business for more than 6 months according to Articles 31 and 32, the supervisor may send a notice to the client to terminate the contract, and if he does not receive the reply from the client within 14 days after sending the notice, the supervisor may further send a notice to terminate the contract. If the client does not receive a reply within 42 days after sending the second notice, it shall be liable for breach of contract.
Article 36 If a supervisor suspends or terminates the execution of supervision business due to reasons other than his own, his aftermath and resumption of the execution of supervision business shall be regarded as extra work and entitled to extra remuneration.
Article 37 If the trustor thinks that the supervisor fails to perform the supervision obligations without justifiable reasons, he may issue a notice of failure to perform the obligations to the supervisor. If the client fails to receive a reply within 2 1 day after sending the notice, it can send a notice to terminate the entrusted supervision contract within 35 days after sending the first notice, and the contract will be terminated. The supervisor shall be liable for breach of contract.
Article 38 The termination of the contract agreement shall not affect the rights and responsibilities of each party.
Supervision remuneration
Article 39 The remuneration for normal supervision work, additional work and extra work shall be calculated according to the method agreed in the special terms and conditions of the supervision contract and paid at the agreed time and amount.
Article 40 If the client fails to pay the remuneration of the supervisor within the prescribed payment period, it shall also pay the overdue fine to the supervisor from the prescribed date. The late payment fee shall be calculated from the last day of the prescribed payment period.
Article 4 1 The currency and exchange rate for payment of supervision remuneration shall be agreed in the special terms and conditions of the contract.
Article 42 If the client has any objection to the remuneration or part of the remuneration items in the payment notice submitted by the supervisor, he shall issue a notice of objection to the supervisor within 24 hours after receiving the payment notice, but the client shall not delay the payment of other remuneration items without objection.
Chita
Forty-third supervision personnel expenses required for entrusting construction project supervision shall be reimbursed within the client's budget with the consent of the client.
Forty-fourth within the scope of supervision business, if it is necessary to hire experts for consultation or assistance, the expenses shall be borne by the supervision; If the client is employed, the expenses shall be borne by the client.
Article 45 If the rationalization proposal put forward by the supervisor in the process of supervision has made the client obtain economic benefits, the client shall give economic rewards according to the special terms and conditions.
Forty-sixth supervision resident supervision institutions and their staff shall not accept any remuneration or economic benefits from the construction contractor of the supervision project.
According to the contract, the supervisor shall not participate in any activities that may conflict with the interests of the client.
Article 47 In the process of supervision, the supervisor shall not disclose the secrets declared by the client, nor the secrets provided and declared by the designer and the contractor.
Article 48 The supervisor owns the copyright of all documents compiled by him, and the client only has the right to use or copy these documents for this project.
Settlement of disputes
Article 49 Losses and damages caused to the other party due to breach or termination of the contract shall be settled by both parties through consultation. If no agreement can be reached, it can be submitted to the competent department for coordination. If no agreement can be reached, it can be submitted to an arbitration institution for arbitration or brought to a people's court according to the agreement of both parties.
Part III Special Conditions
Article 2 The applicable legal and supervisory basis of this contract:
1, national laws, regulations and relevant regulations on architecture.
2, the relevant national engineering construction acceptance procedures.
3. Design documents and construction contracts provided by the owner.
Article 4 Scope of supervision and contents of supervision work:
Coordination and management of quality, schedule, cost control, safety production supervision and management, contract information and other aspects in the construction process.
Article 9 External conditions include:
People and things other than the contractor of this project.
Article 10 The engineering data and providing time shall be provided by the customer;
Design documents, geological data, construction contract, construction bidding data.
Article 11 The client shall give a written reply to the matters submitted by the supervisor in writing and required to make a decision within three days.
Article 12 The permanent representative of the trustor is.
Article 15 The client shall provide the following facilities to the supervision institution free of charge:
The facilities provided by the Supervisor and compensated by the Client are as follows:
Compensation amount =.
Article 16 During the supervision period, the client shall provide a staff member to the supervision institution free of charge, and the chief supervision engineer shall arrange his work. When it comes to services, such staff should only accept the instructions of the chief supervision engineer. And provide free service personnel. The supervision institution shall cooperate with the providers of such services, but shall not be responsible for such personnel and their actions.
Article 26 If the supervisor neglects his duty during the responsibility period, he agrees to bear the responsibility and compensate the losses in the following ways (the cumulative compensation amount shall not exceed the total remuneration of the supervisor (pre-tax deduction)):
The two sides negotiated settlement.
Article 39 The client agrees to pay the supervisor's remuneration according to the following calculation method, payment time and amount:
Pay the supervision fee according to the actual project cost, temporarily calculated in RMB. The supervisor shall pay% of the supervision fee after entering the site,% when the main body is completed, and the balance when the project is completed (the supervision fee shall be paid temporarily according to the project cost agreed in this contract when the project is completed). Within one week after the client completes the final accounts of the project within the specified time, the supervision fee shall be paid separately according to the actual project cost).
The client agrees to pay the extra remuneration for this project according to the following calculation method, payment time and amount: (remuneration = extra working days × contract remuneration/contract supervision service days).
The client agrees to pay the extra work remuneration for the project according to the following calculation method, payment time and amount: (remuneration = extra working days × contract remuneration/contract supervision service days).
The client agrees to pay the remuneration for the delayed work of the project according to the following calculation method, payment time and amount: (remuneration = days of delayed work × contract remuneration/days of contract supervision service).
Article 41 Both parties agree to pay remuneration in RMB at the foreign exchange rate.
Article 45 Incentive measures:
Award amount = project cost saving × award proportion
Article 49 In case of any dispute during the performance of this contract, both parties shall settle it through negotiation in time. If negotiation fails, both parties agree to arbitration by an arbitration commission (if both parties have not agreed on an arbitration institution in this contract and have not reached a written arbitration agreement afterwards, they may bring a lawsuit to the people's court).
Additional agreement terms:
1. If the construction of this agreement is stopped due to reasons other than the supervisor, the client shall pay the supervision fee agreed in this agreement in full; The supervision fee shall be paid according to the actual cost after the renovation of the project under this agreement.
2. The construction period shall be subject to the actual commencement and completion dates.
supplementary agreement
The supplementary agreement to the Construction Project Entrusted Supervision Contract signed by the entrusting party and the supervising party on, is as follows:
1. Both parties agree to give up the legal effect of the amount of supervision fee agreed in Article 39 of this contract.
2. Both parties agree to pay% of the actual project cost. RMB 1 10,000 yuan is settled tentatively, and the settlement time and proportion remain unchanged.
3. This supplementary agreement shall come into effect after being signed by the representatives of both parties.
4. Others:
Entrusting party:
Supervisor:
date month year