Model agreement on construction agency contract: Party A (principal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to give full play to their respective advantages, in accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B have reached the following agreement through full consultation on the principles of equality, voluntariness and equal compensation:
I. Entrusting matters
1. 1 Entrusted by Party A, Party B is responsible for recommending the construction project of xx Cultural Tourism Landscape Garden (hereinafter referred to as the project) to Party A, providing Party A with important information of the project, and finally enabling Party A to sign a subcontract construction contract with the construction unit or the general contractor and obtain the construction right.
1.2 "successful intermediary" refers to the completion of this project and the signing of the subcontract with the general contractor, which means that Party B has completely completed the entrustment of intermediary services. If Party A fails to sign a subcontract to obtain the substantive construction right, it shall be deemed that the entrusted matters have not been completed.
Two. Obligations of Party B
2. 1 Party B must provide Party A with the main information in the early stage of the project, provide relevant business consulting services, effectively coordinate with the owner and general contractor, and facilitate Party A to obtain the subcontracting right of the project construction.
2.2 Party B promises to provide Party A with true and reliable basic project information (but important information such as whether the project approval procedures are complete and whether the construction funds are in place). ), after Party B facilitates the meeting and communication between the two parties, Party A consults the general contractor or the owner on its own, and Party B has no obligation to further verify its completeness and authenticity, and does not assume joint liability, so that Party A can finally enter the site as scheduled for substantive construction. Otherwise, it is deemed that the information provided by Party B is untrue and the intermediary service is unsuccessful, and Party A will not pay any intermediary remuneration.
2.3 Party B shall fulfill the obligations of prudence and good faith as an intermediary and assist Party A in all the preparations. After winning the bid for Party A and signing the construction contract, Party B is still obliged to assist Party A in coordinating the relationship with the construction unit and the general contractor (provided that Party A has fulfilled the provisions of this contract in time and paid Party B the corresponding intermediary remuneration in full). And if Party B needs to travel, all expenses such as travel expenses, transportation expenses and accommodation expenses shall be borne by Party A, otherwise Party B has the right not to coordinate).
2.4 During the intermediary service, Party B does not need to report and communicate with Party A on specific channels, methods, personnel and processes, which is not a prerequisite for the performance of this contract.
Three. Obligations of Party A
3. 1 Party A is responsible for providing qualification certificates, business licenses and other related materials; Responsible for raising all kinds of funds needed for construction, and make preparations for the formalities required before signing the contract.
3.2 If the mediation is successful, Party A will fully perform the subcontract construction contract signed with the general contractor. Party A shall earnestly perform the rights and obligations arising from the construction contract, which has nothing to do with Party B. ..
3.3 If the intermediary is successful, Party A shall pay the intermediary remuneration to Party B as agreed in this contract. The following circumstances (including but not limited to) will not affect Party A's implementation of Articles 3.2 and 3.3, and the intermediary remuneration paid by Party A to Party B will not be recovered:
3.3. 1 Party A subcontracts this project or cooperates with a third party company/individual;
3.3.2 Due to technical and financial reasons of Party A, Party A cannot continue to perform the construction project contract;
3.3.3 In the process of construction, due to safety accidents, engineering quality and other problems, the owner or general contractor shall order to stop work or suspend the engineering construction contract;
3.3.4 Work stoppage or suspension caused by reasons other than force majeure.
Four, the calculation method, payment time and payment method of intermediary remuneration.
According to Article 20 of the Contract Law of People's Republic of China (PRC), "The broker facilitates the successful signing of the contract, and the client shall pay the remuneration as agreed", this contract shall take effect immediately from the date when Party A completes the signing of the project contract. After the Contract comes into effect, Party A must pay the intermediary service fee as follows:
4. 1 The intermediary service fee of this project is _ _% (after tax) of the total project cost as a reward. Party A shall unconditionally use this standard, that is, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4.2 After this contract comes into effect, after Party A signs the construction transfer/subcontracting contract with the owner or general contractor, Party A shall pay the intermediary remuneration to Party B in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
These include:
① Every time Party A pays Party B the intermediary remuneration, it is synchronized with the project payment allocated to Party A by the owner or the general contractor ... regardless of the nature of the payment (temporary construction fee, material preparation fee, progress payment, etc.). ), Party A shall unconditionally pay Party B within X working days after receiving the account;
② In each payment, if the intermediary remuneration paid to Party B is higher than the amount allocated to Party A by the owner or general contractor of the same batch, Party A shall make up the difference by itself, and Party A shall not refuse to pay or delay the payment on this ground, otherwise it shall be implemented in accordance with Article 5.3 of this contract;
③ The specific account number and method of each payment shall be designated by Party B, and Party A shall unconditionally obey it. ..
Verb (abbreviation for verb) special agreement
5. 1 Party A refers to Party A itself, its branches and subsidiaries, its affiliated companies, its absolute or relative holding companies, its shareholders or companies invested by its shareholders, etc. Party A promises that the relevant information provided to Party B, the owner and the general contractor is true, valid and legal, and can be inquired and verified.
5.2 In the process of intermediary service, even if Party B finally fails to complete the intermediary service, Party A shall independently bear the intermediary expenses arising therefrom. If Party B successfully mediates, the fee will not be deducted from the intermediary remuneration. If the intermediary remuneration needs to be taxed, it shall be borne by Party A, and the intermediary remuneration obtained by Party B is legal funds after tax and has permanent control and use rights.
5.3 After obtaining the construction contract, if Party A maliciously evades or deliberately delays the payment, it will voluntarily accept the following treatment and give up all rights of defense and counterclaim; The broker may freeze the bank accounts and funds of Party A's company according to law by virtue of this contract, and take measures such as stopping project construction; This contract is automatically converted into the debt owed by Party A's company to the broker; Recover the intermediary remuneration that should be cashed, and add a late fee according to the total cost (_ _ _ _ _ _ _ ‰ ∕ day); Collect a fine of twice the remuneration owed to the intermediary; All expenses (including attorney's fees, legal fees, execution fees, property preservation fees, notarization fees, liquidated damages, fines, travel expenses, etc.). The expenses incurred during the recourse period shall be borne by Party A. ..
5.4 After the successful completion of the intermediary service, in the process of project construction, if there is any execution dispute or financial dispute between the owner, the general contractor and Party A in the implementation process, it has nothing to do with the intermediary, and the intermediary will not bear any responsibility, and all legal responsibilities and economic risks will be borne by Party A. ..
5.5 This Intermediary Contract is an irrevocable, irrevocable and unconditional guarantee payable at sight, which does not conflict with other relevant obligations of Party A and is executed independently, and is not affected by the reorganization, renaming or replacement of legal representative or shareholders of Party A's enterprise, and has permanent legal effect.
Confidential matters of intransitive verbs
6. 1 Party A and Party B shall fully keep the business secrets involved in this contract, including Party A's financial information, technical patents and business information. And Party B's control over the remuneration of the intermediary. Any party who divulges the contents of this contract in any form shall bear all consequences. Unless otherwise stipulated by laws and regulations or otherwise agreed in writing by both parties.
6.2 The confidentiality period is five years.
Seven. Termination of contract
7. 1 After this contract comes into effect, this project is obtained by a third party, and if Party B fails to complete the intermediary service, this contract will be automatically terminated.
7.2 If the mediation is successful, this contract will be terminated after full performance.
7.3 The Contract shall be terminated when both parties agree to terminate the Contract or other legal matters occur.
Eight. Dispute resolution method
All disputes arising from or in the execution of this contract shall be settled by both parties through friendly negotiation; If negotiation fails, both parties agree to submit it to the Arbitration Commission where Party B is located for arbitration or bring a lawsuit to the local court for settlement.
Nine. any other business
9. 1 This contract is made in duplicate, each party holds one copy, which has the same legal effect.
9.2 This contract shall come into effect as of the date when both parties or their authorized representatives sign it and affix the official seal or special seal for the contract.
9.3 This contract shall not be modified. If one party's contract is altered or damaged, the complete contract of the other party shall prevail. If there are any matters not covered, a written agreement can be signed to supplement them after both parties reach an agreement through consultation, which has the same legal effect as this contract.
Seize
10. 1 A copy of Party A's Business License for Enterprise as a Legal Person, organization code certificate, account opening permit and legal representative's ID card, and affix the official seal of Party A for confirmation.
10.2 Copy of Party B's ID card.
10.3 power of attorney (if necessary).
Legal representative of Party A (signature): _ _ _ _ _ _ _ _ _ _ Legal representative of Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _
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Model Agreement of Party A (Principal) in Construction Agency Contract II: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Based on the business purpose of complementary advantages and mutual benefit, in order to better develop the market and expand the economic and social benefits of the enterprise, according to the Contract Law of People's Republic of China (PRC) and on the basis of the principles of equality, voluntariness, fairness, honesty and credit, and equal compensation, Party A and Party B have reached the following agreement through consultation:
I. Entrusting matters
1. 1 Entrusted by Party A, Party B is responsible for introducing the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1.2 "Intermediary success" refers to the completion of all entrusted matters listed in this article. If Party A fails to win the bid, and Party B only provides information for Party A, or provides services such as contact, assistance and matchmaking for Party A, it shall be deemed that the entrusted matters have not been completed.
Two. Obligations of Party B
2. 1 Party B must provide Party A with the information related to the bidding of this project, and has the obligation to assist Party A in the field investigation of this project.
2.2 Party B promises that the above project information provided to Party A is true and reliable. If the information provided by Party B is untrue, Party B has no right to get intermediary remuneration.
2.3 Party B guarantees that the project is true and reliable, the funds are in place, all kinds of construction procedures are complete, and it can be constructed normally. Otherwise, it shall be deemed that the information provided by Party B is untrue, and it shall be implemented in accordance with Paragraph 2 of Article 2 of this Contract.
2.4 In the process of Party A's participation in bidding, Party B shall fulfill its obligations of prudence and good faith as an intermediary and assist Party A in preparing the tender. If the bid is won and a construction contract is reached, Party B is still obliged to coordinate the relationship between Party A and the construction unit during the construction of Party A's project.
Three. Obligations of Party A
3. 1 Party A is responsible for providing qualification certificates, business licenses and other related materials; Responsible for the preparation of bidding documents.
3.2 If the mediation is successful, Party A will fully perform the professional construction contract signed with the construction unit. Party A's rights and obligations arising from the performance of the construction contract have nothing to do with Party B. ..
3.3 If the intermediary is successful, Party A shall pay the intermediary remuneration to Party B as agreed in this contract.
Four, the calculation method, payment time and payment method of intermediary remuneration.
4. 1 The intermediary remuneration for this project is
4.2 After the intermediary is successful, the intermediary remuneration will be paid when the construction unit allocates the project funds.
4.3 Party A can pay by transfer or cash.
Verb (abbreviation of verb) bears the cost of intermediary activities.
Intermediary activity expenses refer to the necessary expenses and labor expenses actually paid by Party B to complete the entrusted matters. Regardless of whether Party B completes the entrusted matters contained in this contract, Party B agrees to bear all the expenses of intermediary activities by itself.
Confidential matters of intransitive verbs
6. 1 Both parties shall fully keep the business secrets involved in this agreement.
6.2 Party B shall not use Party A's business secrets obtained in the intermediary process to do anything against Party A, otherwise Party A has the right to refuse to pay Party B's intermediary remuneration.
Seven. Termination of contract
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7.2 If the mediation is successful, this contract will be terminated after full performance.
7.3 The Contract shall be terminated when both parties agree to terminate the Contract or other legal matters occur.
Eight. Dispute resolution method
In case of contract disputes, both parties shall settle them through consultation; If negotiation fails, both parties agree to submit the contract to the Arbitration Commission for arbitration.
Nine. any other business
9. 1 Party B shall not delegate the matters entrusted in this contract.
9.2 This contract is made in duplicate, one for each party, with the same legal effect. This contract shall come into effect after being signed and sealed by both parties.
Principal (signature): _ _ _ _ _ _ _ _ _ _ Intermediary (signature): _ _ _ _ _ _ _ _ _ _
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III. Model agreement on construction agency contract of Party A (the client): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, and following the principles of equality, voluntariness, fairness, honesty and credibility, both parties reached an agreement on project contracting and signed this contract.
Article 1: Project Overview
The contracted project of lakeside slope protection project is contracted to Party B, and the construction is contracted with materials. The total length of lakeside slope protection is calculated by _ _ _ _ _ _ _ _ meters.
Article 2: Construction Scheme
1, slope protection
(1), the base is _ _ _ _ _ meters wide and _ _ _ _ _ meters thick, and gradually closes to _ _ _ _ _ _ meters high from bottom to top. Cold-drawn brick belt is needed for the stressed part, and sand is needed for the external wall (cement grade 42.5, bricks should be of good quality).
(2) Demolition of three houses next to the toilet for access.
(3), after the completion of the fence _ _ _ _ meters.
(4) The gap between the wall and the bank should be tamped with soil, and an appropriate amount of leaking pipes should be added to the wall.
Article 3: Term of Contract
1. The construction period is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. In case of force majeure during construction, or Party A requests Party B to stop work, the construction period will be postponed accordingly.
Article 4: Price and Payment Method
1, and the total contract price of the project is RMB _ _ _ _ _.
2. The above-mentioned total contract price is lump sum price, including all work contents, labor and materials contracting and all other expenses (including house demolition and fence) of this contract, and Party A does not need to pay any more expenses to Party B. ..
3. Payment method: RMB _ _ _ _ _ _ _ _
Article 5: Obligations of Party A
1. Allocate project funds to Party B according to the contract.
2. Assist in coordinating matters such as temporary water and electricity use on the construction site.
Article 6: Obligations of Party B
1. The contractor is responsible for supervising and inspecting the quality, progress and safety of the project, handling daily related matters and ensuring the safety and stability of the project construction.
2. The contractor must complete the contracted project and shall not subcontract it to others.
Article 7: Construction Safety
The contractor shall abide by the relevant provisions of the project construction safety production management, organize the construction in strict accordance with the safety standards, and take necessary safety protection measures to eliminate the hidden dangers of accidents. Party B shall bear all responsibilities and expenses caused by accidents in the construction process.
Article 8: Acceptance
The project completion acceptance shall be based on the construction scheme and quality acceptance standard. If the acceptance is unqualified, Party B shall be responsible for rework for free.
Article 9: Liability for breach of contract
1. Party A shall pay the project payment in time as agreed in this contract. In case of overdue, Party A shall pay liquidated damages to Party B (the interest shall be calculated according to the bank loan interest rate of the payable amount for the same period).
2. If Party B fails to complete the project on schedule due to reasons other than Party A's or force majeure, Party B shall pay liquidated damages of 1% of the total project amount to Party A for each day overdue; If the overdue period exceeds ten days, Party A has the right to unilaterally terminate the contract.
Article 10: Other
This contract was signed by both parties on.
Authorized Agent (signature or seal): _ _ _ _ _ _ _ _ _ Contractor (signature or seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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Construction Agency Contract IV Model Agreement of Party A (Principal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the relevant contents of the Economic Contract Law, the Construction Law, the Labor Law and the Regulations on Construction Project Contracting, and in combination with the relevant provisions and the specific conditions of this project, both parties have reached an agreement through consultation to sign this construction project data contract.
1. The construction area of the project contracted by Party B is _ _ _ _ _ square meters.
1. Scope of contract: Party B shall be responsible for the compilation, collection and archiving of civil engineering data of this project.
The work of this project includes: Party B is responsible for the civil work and data sorting of this project, and collects, sorts and classifies it according to the requirements of the current construction specifications, urban construction archives and the unified format of technical data for the completion and acceptance of construction projects in xx Province.
The term of the contract is one and a half years.
Two. Responsibility of both parties
1, Party A's responsibility
1. Party B is responsible for providing computers, printing and copying equipment (and consumables), engineering data forms prepared by the urban construction archives where the project is located, paper and other related office supplies for Party B's use.
2. Be responsible for providing accommodation and office space for Party B's personnel at the construction site.
3. Responsible for providing engineering inspection materials, test pieces and all inspection fees.
4. Responsible for the coordination and expenses of the seal and signature of important materials.
5. Party A is responsible for organizing on-site receiving and acceptance.
6. Party A is responsible for the cost of compiling the as-built drawings and as-built materials.
7. Responsible for providing blueprints for making as-built drawings.
8. Be responsible for providing the material certificate, factory certification documents, material inspection data, etc.
9. Responsible for providing relevant information for approval and construction.
2. Party B's responsibilities
(1) is responsible for the collection and arrangement of civil engineering data and the collection of on-site economic data in the process of engineering construction.
(2) Party B shall provide the inspection data of quality supervision station and safety supervision station during the project construction.
(3) Party B is responsible for arranging personnel to print the materials and documents needed for the project on the construction site, and submit the engineering materials for examination and approval, and assist Party A to complete the relevant materials and seal of relevant units.
(4) Party B shall assist in the inspection of raw materials and test pieces during construction (materials, test pieces, freight and inspection fees shall be borne by Party A).
(5) Party B shall assist Party A to organize on-site reception and complete the collection, arrangement and submission of relevant materials.
(6) Party B is responsible for the collection and arrangement of on-site economic data and the preparation of economic data required for project settlement.
(7) Responsible for urging subcontractors to prepare as-built data and as-built drawings. If the subcontractor fails to complete Party B's preparation work on time, the expenses will be calculated separately. The amount shall be negotiated by Party A and Party B separately.
(8) Responsible for collecting certificates and inspection reports of materials, collecting and sorting out construction drawings, stamping, plotting and changing drawings, preparing as-built drawings, and completing construction application materials (photocopies) and relevant materials in the early stage.
(9) Be responsible for internal and external coordination and related stamping and signing.
Three. Contract price and payment method
1. Contract price: The total contract price is RMB ten thousand Yuan only (in words).
2. Payment method:
(1) Party A shall pay 30% of the contract advance payment to Party B within _ _ _ _ days from the date when both parties sign the contract.
(2) Party B shall complete the preliminary information, and Party A shall pay Party B 20% of the contract price.
(3) Party A shall pay 30% of the contract price to Party B after the project within the contracted scope is completed and the economic visa is applied.
(4) After the completion acceptance is qualified, Party A shall pay 20% of the balance to Party B within _ _ _ _ working days from the date when the quality supervision station issues the completion acceptance record and Party A's settlement materials (such as design change, engineering contact letter, verification of claim evidence, supervision notice reply and other relevant settlement materials).
Fourth, the liability for breach of contract
1. If the relevant materials within the scope of the contract are not compiled, sorted and handed over within the time stipulated in the contract due to the personnel and technical reasons of Party B, Party A has the right to terminate this contract, and Party A has the right not to pay the subsequent payment to Party B..
2. If Party A fails to provide relevant materials in accordance with Party A's responsibility clauses in this contract, and coordination is not in place, the qualified materials can't be approved by the signatures and seals of relevant companies and departments, or the materials are not unified, which leads to Party B's failure to complete relevant materials according to the time node agreed in the contract or the project can't be completed and accepted. Then Party B shall not be responsible for the relevant breach of contract, and shall be deemed to have completed the relevant materials, and Party A shall pay Party B the labor fee according to the relevant clauses in Article 3 of this contract.
3. If the project cannot be completed within the contract period or the completion data cannot be handed over due to reasons other than Party B's, the expenses incurred by Party B outside the construction period shall be borne by Party A (RMB _ _ _ _ _ _ _ _ _).
4. If the materials can't be delivered on time or are unqualified due to Party B's reasons, Party B shall organize personnel to redo the materials until the engineering materials are qualified, and Party A will not bear the relevant expenses.
Verb (abbreviation of verb) dispute settlement method
If either party violates the provisions of this contract and both parties fail to negotiate, it shall be settled by one of the following methods: apply to the economic contract arbitration organ for arbitration.
The Effective and Termination of Intransitive Verb Contract
This contract shall come into effect after being signed and sealed by both parties, and shall be terminated after the project is completed and accepted and all the project funds are settled. This contract is made in sextuplicate, four for Party A and two for Party B..
Legal representative (signature): _ _ _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _ _ _ _ _
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