Building subsidiary contract

Project construction contract Party A: Group Co., Ltd. Party B: After friendly negotiation, both parties sign this cooperation agreement on matters related to cooperative development and contracting of this project (hereinafter referred to as the project) on the principle of sincere cooperation, strong alliance, complementary advantages and mutual benefit. I. Basis of Cooperation Party A is a comprehensive construction enterprise capable of undertaking large-scale municipal, industrial and civil buildings and high-grade highway projects. With a number of national first-class construction general contracting qualifications and professional contracting qualifications, it has a good brand effect and strong management level; Party B has effective information, extensive social resources and certain construction management capabilities; Party A and Party B give full play to their respective advantages, strengthen cooperation and achieve mutual benefit. Two. Mode of Cooperation: Party B is responsible for the market development and contracting of the whole process from information tracking, preliminary operation, bidding to implementation, and goes through the relevant procedures of project construction in the name of Party A, and bears the relevant expenses ... After the project is awarded, Party B will carry out the preparation and construction project management of the project management department in the name of Party A, and take itself as the carrier of its rights and obligations, and bear legal responsibilities for the production, operation and all other activities of the cooperative projects between the two parties; Party A shall only supervise and manage the cooperation projects of both parties according to this agreement. Party A appoints *** 1-4 project manager, chief engineer, financial director, quality director and safety director to monitor the contract, finance, quality, safety, construction period, progress and civilized construction. The salary of the personnel appointed by Party A shall be borne by Party B, and the salary standard is 1 1000 yuan/project manager. The salary of the personnel appointed by Party A shall be deducted by Party A from the project payment of Party B on a monthly basis, and the specific matters shall be agreed in the project contract signed by both parties after winning the bid. The remaining allocation (including human resources and all other resources) of the cooperation project between the two parties shall be independently allocated by Party B according to the needs, but it must meet the needs of the project and the owner, and all the expenses required shall be borne by Party B. Operation management mode 1. The cooperative projects of both parties are managed by Party A in a unified way, and flexible business strategies and management modes can be adopted, but the overall management mode cannot violate the management principles of Party A, and all rules and regulations of Party A must be observed at the same time. 2. As an independent accounting entity, Party B operates independently and is responsible for the production and operation activities and operating results of the cooperative project; Party A only supervises and manages the contract, finance, project quality, construction progress, safety and civilized construction of the cooperative project. Party B must abide by Party A's overall operating principles and policies in its operation, and shall not damage Party A's market image. Party B shall pay Party A a management fee of% of the total settlement cost of this project (excluding taxes and various funds and expenses required by the local government of the project), and the taxes and fees (including enterprise income tax generated by this project, temporarily considered as 3.3%) shall be collected and remitted by Party A or the owner according to the facts, and all funds and expenses required by the government and enterprise income tax generated by this project shall be borne by Party B. The above management fees and taxes shall be deducted from each receivable project by Party A in proportion. 3. The funds for cooperative projects must come from financial ledger. All project funds must be deposited into Party A's account first. After receiving the management fee agreed in this agreement, the salary of the appointed personnel, all the expenses paid by risk of mortgage, Party A and the owner in the construction contract for the cooperative project (including the performance bond of the owner) and the subcontract price related to this project, Party A will transfer the money to the project account specially set up for Party B by the internal bank of Party A. The project payment shall be made by cheque, and Party B must provide a valid and legal official invoice. The cooperative project funds must first meet the needs of the project construction, that is, they can only be allocated after the project materials, labor services, professional subcontracting project funds and all debts have been paid, otherwise Party A has the right to decide to allocate funds to meet the needs of the project before allocating funds. Party B shall strictly abide by the regulations of the state and local governments on the settlement and payment of migrant workers' wages, and shall not default on migrant workers' wages. All expenses of Party B shall be accounted for separately, and legal original vouchers shall be collected and kept according to Party A's financial management regulations. Party B's financial work must conform to Party A's financial management system, and Party A shall conduct financial inspection and process audit on it regularly. If the owner specifies subcontracting or the government requires or both parties agree that subcontracting must be signed in the name of Party A, Party A can sign the subcontracting contract and pay the subcontracting project fee on its behalf, and Party B shall not have any objection to this and make a commitment to Party A in advance. If Party B collects money from an external account other than Party A's account without authorization, Party B shall compensate Party A for the resulting economic losses and pay Party A a penalty of 30% of the amount of unauthorized collection. 4. After winning the bid, for the convenience of business development, Party B can engrave the special seal for the project, but it needs the written consent of the general manager of Party A. This special seal for the project is managed by Party A and is only used for the document exchange between the cooperative project and the owner and supervisor of this cooperative project. Party B may sign labor subcontracting, engineering subcontracting, material purchasing and leasing, and machinery and equipment leasing contracts in its own name, independently assume economic and legal responsibilities, and report to the cooperative project management department of Party A for the record; You may also sign the above contract in the name of Party A, but Party B shall not sign other agreements or engage in other business activities in the name of Jiangsu Jianxing Construction Engineering Group Co., Ltd. without authorization. If any agreement or contract is found to be signed without the authorization of Party A, it will be invalid from the date of signing. At the same time, Party A will impose a fine of 65,438+000,000 yuan on Party B every time a similar situation occurs, and all losses caused thereby shall be borne by Party B.. Except for external subcontracting (including labor subcontracting) contracts that must be signed in the name of Party A as stipulated in the owner's bidding documents or required by the government. Legal disputes between Party B and a third party in labor costs, subcontracting project funds, materials costs, machinery and equipment rental fees, etc. shall be settled by Party B itself, and Party B shall be fully responsible for the legal consequences arising from the economic and other disputes (including creditor's rights and debts litigation disputes) of the cooperation project, which has nothing to do with Party A. Party B cannot ask Party A to provide any evidence. In case of litigation or arbitration, Party A will fine Party B 50,000 yuan per case. Without Party A's consent, Party A will engrave any seal engraved with Party A's name, and Party A will impose a fine of 100000 yuan on Party B. If economic losses are caused to Party A, Party B will bear all responsibilities and adverse consequences. 5. In order to ensure the performance of this agreement, Party B shall pay the mortgage risk to Party A at the rate of 1% of the bid-winning fee for each single project, and the mortgage risk payable for each single project shall not be less than 200,000 yuan. Party A shall return the mortgage risk to Party B in one lump sum after the project is completed and reaches the quality standard agreed in the contract through acceptance, the completion data is handed over, the completion settlement or the settlement audit is signed by the owner, and the bidding project manager cancels the filing. The bid bond, bank credit certificate and performance guarantee (including bank performance guarantee and start-up advance payment guarantee) shall be borne by Party B. When the owner requires the form of bank guarantee, Party B shall pay a certain percentage of cash deposit to the company. The refund of the performance bond shall be handled in accordance with the provisions of the owner's tender documents, and Party B shall go through the refund formalities at the internal bank of Party A within one month after Party A receives the deposit returned by the owner or the bank. The quality warranty period of this project is implemented according to the master contract signed by Party A and the owner, and the amount of the project warranty is 5% of the total project settlement price. In general, after the warranty period expires, the owner will refund and Party A will receive the warranty payment of 5% of the total project settlement price. Party A will return 4% of the total project settlement price to Party B, and the remaining warranty payment of 65,438+0% of the total project settlement price will be used as the internal quality maintenance fund of the project paid by Party B to Party A for one year. If there is no maintenance, the maintenance fund will be returned to Party B in full within 14 days after the expiration of one year. 6. If Party B's engineering construction organization can't meet the requirements of the owner, supervisor and Party A, Party A has the right to take any measures, including organizing other teams to enter the site for construction or canceling the subcontract signed by both parties, to ensure the smooth implementation of the project, and all losses caused thereby shall be borne by Party B. Party B shall bear the increased investment due to the performance of this contract. Four. Rights and obligations of both parties: Party A: 1. Party A shall provide corresponding assistance and guidance to Party B in terms of bid quotation, construction organization design, project budget and settlement, technical scheme, construction contract, data management, completion acceptance and other aspects according to the needs of undertaking cooperative projects. 2. Determine management principles, formulate rules, regulations and norms, and supervise, guide and manage Party B's contract, finance, market, project progress, technology, quality, safety and civilized construction. 3. Supervise Party B to use the relevant qualification certificates of Party A's enterprises. If Party B is found to illegally use the above certificate or damage the interests of Party A, Party A has the right to withdraw the certificate and terminate this agreement at any time. 4. Be responsible for signing construction contracts with the owner, subcontracts for subcontracted projects designated by the owner, purchase and sale contracts for materials supplied by Party A and other related contracts, and supervise Party B to perform according to the terms of the contract. 5. When Party B fails to perform the contract signed between Party A and the owner during the construction process, or Party A's reputation is damaged due to complaints and media exposure, Party A has the right to terminate this agreement, take back the cooperative project or entrust other teams to carry out the construction, and Party B shall bear all expenses arising therefrom and compensate Party A for its losses. 6. After evaluating the project undertaken by Party B, if Party A finds that the project quotation is lower than the cost price, it may ask Party B to take measures to recover the losses or terminate the project, and the economic losses caused thereby shall be borne by Party B. Party B: 1 is responsible for organizing the substantive bidding of the whole process of the cooperative project, coordinating the relationship with the owner and relevant government management departments, providing effective bidding business data for Party A, and taking charge of bidding quotation. 2. Undertake all kinds of expenses in the whole bidding process (including preliminary contact project, qualification examination, on-site inspection, bid quotation, bid winning, bid answering, clarification, agency fee, consulting fee, bid fee, bid bond, relevant taxes and fees for contract registration and filing, cash or guarantee fees for various performance guarantees, and related handling fees, registration fees, appraisal fees, information fees, etc.). ), to ensure all costs of project implementation (including all labor costs, materials costs, machinery and equipment costs, management fees, various management fees, taxes and fees, insurance fees, external coordination fees, various expenses promised by Party A to the owner, various expenses required to be borne by Party B in the bidding documents and contracts, and various taxes and fees required to be paid by national and local governments, etc.). ) and various expenses for implementing the project warranty. If this project fails to win the bid, all expenses incurred by Party B due to this project shall be borne by Party B, and Party B shall not make any compensation or claim for compensation from Party A ... Any loss caused by Party B's various deposits, guarantees (cash or letters of guarantee) shall be borne by Party B.. 3. Consciously perform all contracts or agreements signed by this project, including the construction contract signed by Party A and the owner, and all engineering contracts related to this project, such as material sales contract, labor service contract, machinery lease contract, professional subcontract, etc. 4. Party B shall take full responsibility for the production and operation activities of the cooperative project, and guarantee to fully fulfill all the commitments made by Party A to the owner in the cooperative project, and obey the guidance and supervision of Party A. If Party B fails to perform the construction contract signed by Party A and the owner, Party B shall bear all the losses caused to Party A therefrom. 5. The site management of this project must comply with the site management regulations of the local government and Party A, organize the construction according to the requirements of Party A, and ensure that the undertaken project meets the requirements of the owner, contract and relevant laws and regulations in terms of quality, safety and environment. Party B shall abide by the regulations of the state and the place where the cooperative project is located to prevent all kinds of infectious diseases, implement them according to the regulations, and bear all the expenses arising therefrom. Party B shall be fully responsible for the quality, safety and environmental accidents caused by the cooperative project; If it is necessary to compensate a third party, it shall bear all the liability for compensation. 6. Subcontracting, whole subcontracting or dismembering subcontracting are strictly prohibited, and illegal employment is strictly prohibited. Before construction, there must be a detailed construction organization design and safety plan, and submit them to the technical management department and safety management department of Party A for approval. The construction labor teams in Beijing must be selected from the list of qualified labor teams in urban construction, and the construction labor teams outside Beijing must meet the relevant requirements of the local government, register and manage the qualifications and filing of the labor teams, and report them to the foreign management department of Party A in time. The specific management matters of the cooperative project department and the labor service team must be implemented in accordance with the relevant provisions of the document "Urban Construction Management Office (2009) No.65". 7. Be responsible for organizing the project completion acceptance, compiling the completion data and drawings, and bear the expenses, and Party A shall provide necessary assistance. Be responsible for organizing, compiling and negotiating project settlement, and bear the expenses. After the project settlement is signed, the original shall be delivered to Party A's business department for filing in time. Any expenses not settled by the owner shall not be claimed from Party A, but shall be borne by Party B, who shall be responsible for assisting Party A to pay off the balance of the project. 8. Party B must strictly abide by the policies and regulations of governments and departments at all levels on the payment of labor costs for construction projects and the wages of migrant workers, strictly implement the relevant regulations of Party A, the owner and local government departments on labor management, actively and properly handle relevant labor disputes, and strictly put an end to such labor disputes. 9. If this kind of labor dispute occurs in the project contracted by Party B, all consequences and economic losses arising therefrom will be borne by Party B for whatever reason ... In order to quell this kind of incident, Party A has the right to directly transfer money from the account contracted by Party B to the labor service team in the incident without any settlement basis, and Party B must bear all expenses unconditionally. 10. If Party A suffers any economic and social reputation loss due to such labor disputes in the project contracted by Party B, Party A has the right to claim unlimited economic compensation from Party B or the person in charge of Party B or pursue legal responsibilities. 1 1. Party B shall provide Party A with written documents such as business license and enterprise qualification. 12. Without the written authorization of Party A, Party B shall not engage in any business activities in the name of Party A. V. Supplementary Provisions 1. In case of any conflict between Party B and Party A when bidding for a cooperative project at the same time, it shall be settled through negotiation by all parties, or ruled by the competent leader of Party A. 2. Any dispute between the two parties can be settled through negotiation. If negotiation fails, the choice shall be under the jurisdiction of the people's court. 3. The documents constituting this Agreement and the priority interpretation order are as follows: (1) This Agreement; (2) The construction contract signed by Party A and the owner. 4. This agreement shall come into effect after being signed and sealed by both parties, and it shall be made in quadruplicate, with the same legal effect, with each party holding one copy. 5. After winning the bid for this cooperation project, Party A and Party B shall sign a project contracting construction agreement to clarify the specific matters and make it an effective part of this cooperation agreement. 6. This cooperation agreement shall come into effect as of the date of signing, and shall automatically become invalid after the project is completed, and the quality standards agreed in the contract are met through acceptance, the completion data is handed over, the completion settlement is signed by the audit owner, the payment and receipt of the project settlement price are completed, and the creditor's rights and debts are paid off clearly. After the expiration of this agreement, if both parties need to continue cooperation, they should renew the agreement separately. Date of conclusion of the contract: Year Month Day Party A (Seal) Party B (Seal) Address: Legal Representative: Legal Representative: Authorized Agent: Entrusted Agent: Tel: Bank of Account: Bank of Account: AccountNo.: Postal Code: Construction contract as above,