Fix lump sum contract. Fixed lump sum contract refers to determining the total price of a completed project in the contract, and the contractor completes all the contents of the project accordingly, and the contract price will not be adjusted within the agreed risk range. This kind of contract is suitable for projects with short contract period and low total contract price. ?
Fixed integrated unit price contract. Both parties have agreed in the special terms on the risk range included in the comprehensive unit price, and the comprehensive unit price beyond the agreed risk range will not be adjusted; The comprehensive unit price adjustment method beyond the risk scope is stipulated in the special terms and conditions of the contract. This kind of contract is generally applicable to projects priced by bill of quantities. ?
Adjustable price contract. The adjustable price includes the adjustable comprehensive unit price and the cost of measures. Both parties agree on the adjustment method of comprehensive unit price and measure cost in the special contract terms. ? In practical work, both parties to the contract should choose the appropriate construction contract type according to the clarity, competitiveness, complexity, scale and duration of the project and external environmental factors.
Basic principles of bill pricing:
fundamental principle
1. Basic principles: objectivity, justice and fairness.
2, should also follow the "construction engineering bill of quantities valuation standard" and the provisions of the national laws, regulations and standards.
I. Characteristics
1, required item
Step 2 be practical
3. Competitiveness
4. Universality
Second, the advantages of using bill of quantities to prepare bidding documents and valuation
(A) to provide a basis for fair competition for bidding
(b) Bidding is a combination of quality and quantity. When bidding, an enterprise must comprehensively consider all the costs required to complete the bill of quantities specified in the tender documents, not only considering the actual situation of the project itself, but also requiring the enterprise to implement the plans such as schedule, quality technology and management technology into the quotation of the listed project, so as to truly reflect the comprehensive strength of the enterprise in the competition.
(3) It is conducive to reasonable risk sharing.
(D) played down the role of pre-tender estimate, which is conducive to the management and control of pre-tender estimate.
(five) to promote enterprises to establish their own quota library.
(six) is conducive to the control of engineering claims
Main forms of contract form:
Oral form
Oral form refers to the agreement reached by both parties through dialogue. When using oral form, the parties should pay attention to the economic contract that can only be performed in time, otherwise it is not appropriate to use this form. Oral form refers to the form in which the parties only use language to express the contract, but not words to express the agreed content. Oral medication is simple and easy to use, and it is often used in daily life. Spot trading in the market and retail in stores are generally oral. The contract is in oral form and does not require specific agreement by the parties. If there is no agreement between the parties and the law does not stipulate that a specific form of contract must be adopted, it can be adopted orally. But once a dispute occurs, the parties must provide evidence to prove the existence of the contract and the content of the contractual relationship. The fact that the contract is in oral form does not mean that no written documents can be produced. However, this kind of written material can only be used as proof of the establishment of the contract, but not as an important element of the establishment of the contract. The disadvantage of oral form is that it is difficult to obtain evidence and distinguish responsibility when a contract dispute occurs. Therefore, this form is not applicable to contracts that cannot be settled immediately and contracts with large subject matter amount.
on paper
Written form refers to the written expression of the agreement reached by both parties through consensus. According to the original "Economic Contract Law" (now abolished), all economic contracts that cannot be cleared in time shall be in written form. When signing a written contract, both parties
It should be noted that in addition to the main contract, telegrams, letters, charts, etc. What is related to the main contract is also an integral part of the contract and should be properly kept together with the main contract. Written form is convenient for the parties to perform, manage and supervise and provide evidence, which is the main form used by the parties to economic contracts. Symmetry of "oral form" The meaning expressed by the parties in written form. It has the advantages of clear relationship between rights and obligations, well documented, and easy to prevent and handle disputes. And can be classified as follows:
(1) General written form and special written form. The former means that the actor expresses his will with ordinary words. Such as written contracts, power of attorney, letters and telegrams. The latter means that the actor must perform other forms stipulated by law in addition to using ordinary words to express his will. Such as notarization, authentication, examination and registration.
(2) Legal written form and agreed written form. The former means that the parties must express their will in written form according to the law, while the latter means that the parties agree to express their will in some written form. The civil laws of all countries attach importance to the written form of the establishment of civil juristic acts.
For example, Article 44 of the Civil Code of the Soviet Union stipulates: "The following acts must be in written form:
(1) Legal acts between state organizations, cooperative organizations and social organizations, as well as legal acts between these organizations and citizens;
(2) Legal acts between citizens in which the amount exceeds 65,438+000 rubles;
(3) Other legal acts between citizens that must be in written form according to the law ". The Uniform Commercial Code of the United States also stipulates: "If the price of a sales contract is more than $500, it shall be concluded in writing. Article 3 of China's former Economic Contract Law stipulates: "An economic contract shall be in written form except for immediate settlement."
Notarization form
Notarization is a contract form in which the parties concerned or in accordance with the law, the contents of the contract are examined and notarized by the national notary office. The general notary office is based on the written form of the contract. After examining and confirming the authenticity and legality of the contract, it will affix a notary seal to the contract to prove it. A notarized contract has the most reliable evidential effect, and the parties cannot overturn it unless they have evidence to the contrary. China's laws adopt the principle of voluntariness in contract notarization. Whether a contract needs notarization is generally agreed by the parties themselves. A contract that the parties require notarization must be notarized, and it will not take effect without notarization. But for some important contract types, the law can also stipulate that notarization must be carried out. Both parties and the law can give the notarized contract form the effect of evidence or the effect of establishment.
Forensic form
The form of appraisal is to appraise the authenticity of the contract content by the state contract management authority according to the agreement of the parties or according to law.
A form of contract signed by checking the validity and legality of the contract. Certification is an administrative measure for the state to manage and supervise contracts, which can only be carried out by state administrative organs. The role of certification is to strengthen the probative force of contracts and improve the reliability of contracts. Taking evidence also adopts the principle of voluntariness. Except for contracts that must be appraised according to the provisions of the state, the appraisal organ shall conduct appraisal according to the application of the parties. Contracts that must be certified according to local laws and regulations shall be signed in administrative areas with certification provisions, and shall comply with the provisions of local laws and regulations.
Approval form
The form of approval refers to a contract form in which certain types of contracts must be examined and approved by the relevant competent authorities of the state according to the law. This kind of contract, in addition to the consent of both parties, should also be reported to the relevant competent authorities for approval before it can take effect. The entry into force of this kind of contract should not only have the entry into force elements of the general contract, but also have two special elements in the form of contract: written form and approval form. The form of contract approval is a special requirement of the state for some special types of contracts. If the law does not stipulate the form of contract approval, the parties cannot agree or ask the state for approval. A contract that should be approved but not approved shall have no legal effect from the beginning. Even if the parties agree, it cannot be considered that a contract has been formed. This is an important difference between the approval form of a contract and several other legal forms.
registration form
The form of registration refers to a contract form in which the parties agree or submit the contract to the national registration authority for registration in accordance with the law. Real estate sales contracts generally adopt the form of registration. Some special movables, such as ships, are regarded as immovable property in law, and their transfer also takes the form of registration. The registration form of a contract can be agreed by the parties themselves or stipulated by law. Contract confirmation? Contract confirmation is a form of contract in which the parties conclude a contract by means of letters and data messages. One party may ask for written confirmation before the contract is established.