1, the fixed contract price of the lump sum contract.
The fixed total price is to contract the project according to the agreed total price. It is characterized by defining the contract content, calculating the package price and guaranteeing it at one time on the basis of drawings and engineering specifications. In the process of contract execution, unless the construction unit requests to change the original contract content, the contractor shall generally not request to change the package price. This method is relatively simple for the construction unit, so it is welcomed by the general construction unit.
2. Contract price of quantity-based contracts
The bill of quantities valuation contract is based on the bill of quantities and the unit price table. Usually, the construction unit entrusts the design unit or professional estimator (cost engineer or surveyor) to put forward the bill of quantities, listing the partial quantities.
For example, digging, filling and tamping several cubic meters, concrete several cubic meters, wall plastering several square meters, etc. , the contractor shall fill in the unit price and then calculate the total cost. Because the engineering quantity is calculated uniformly, the contractor can get the total cost as long as he rechecks and fills in the appropriate unit price, with less risk; The contractor only needs to review whether the unit price is reasonable, which is convenient for both parties.
At present, this contracting method is widely used in the world. In China, as the reform direction of engineering cost calculation method, it has been implemented.
3. The contract price in unit price contract.
In the absence of detailed construction drawings, or although there are construction drawings, but some conditions of the project are not completely clear, it is impossible to calculate the engineering quantity more accurately, so as to avoid letting the construction unit or contractor take too much risks because of luck. Unit price contract is more suitable. In practice, this contracting method can be subdivided into three types:
(1) The contract is priced according to the unit price of partial projects.
That is, the construction unit lists the names and measurement units of partial projects, such as excavation per cubic meter, concrete per cubic meter and steel structure per ton. There are many contractors who fill in the unit price item by item; It is also possible for the construction unit to put forward the unit price first, which will be taken as the official quotation after being approved by the contractor or put forward the revision opinions. The two parties will negotiate to determine the contract unit price, and then sign the contract, and the project price will be settled according to the actual number of completed projects.
This contracting method is mainly suitable for emergency projects without construction drawings and unknown quantities, which need to be started.
(2) Sign the contract according to the unit price of the final product.
Contract with the unit price of final products such as per square meter residence and per square meter road. The quotation method is the same as that of unit price contract, a partial project. This contracting method is usually suitable for standard design residential buildings, primary and secondary school buildings and general factories.
However, considering that the cost of basic projects varies greatly due to different conditions, when contracting some housing construction projects at the unit price per square meter in China, generally only the part with a high index of plus or minus 0, while the basic projects are contracted at the unit price of quantities or partial projects. The unit price can be determined at one time according to the budget quota or price adjustment coefficient, or it can be adjusted with the change of wages and material price index. The specific adjustment methods are clearly stipulated in the contract.
(3) Bid and award according to the total price, and settle the project price according to the unit price.
This contracting method is suitable for projects designed to reach a certain depth, and can be used to estimate the approximate quantity of partial projects. However, due to some unclear conditions, there may be great changes in actual work.
For example, in the tunnel excavation of railway or hydropower construction, due to abnormal geological conditions, the earthwork volume may change greatly. In order to avoid the risks caused by this, the contractor can make a total quotation according to the estimated engineering quantity and a certain unit price, and the construction unit also takes the total price and unit price as the main basis for bid evaluation and award, and signs the unit price contract. Subsequently, both parties shall settle the project price according to the actually completed quantities and the contract unit price.
4. The contract price of the cost plus fee contract
The basic feature of this contracting method is to determine the total cost of the project according to the actual cost of the project (including labor costs, materials costs, construction machinery use fees, other direct costs, construction management fees and various independent costs, but excluding the total management fees and taxes payable of the contracting enterprise), plus the agreed total management fees and profits. This contracting method is mainly suitable for cases where the project content is not clear before construction, such as emergency projects designed and constructed at the same time, or projects that need to be repaired after disasters such as earthquakes and wars.
Construction contracts are also called "engineering contracts" or "contracting contracts". Refers to the written consultation between the employer (construction unit) and the contractor (construction unit) to complete the agreed construction tasks of the construction and installation project and clarify the rights and obligations of both parties.
When signing a construction contract, you must abide by the laws and policies of the state, and the preliminary design and general budget of the contracted project must be approved. The investment and materials required for contracting the project have been included in the national plan, and both parties have the ability to perform the contract to ensure the feasibility of the construction contract.
Composition of construction contract documents:
For construction contract documents, there are nine kinds of materials that need to be prepared, specifically, the construction contract agreement, which is mainly the negotiation between the two parties on engineering-related issues, and also includes the written agreement on changes and related change documents, which can be regarded as the organizational part of the construction contract.
In addition, there are bid-winning notices, tenders and attachments, special terms and conditions of construction contracts, general terms and conditions of construction contracts, construction standards, construction specifications and related technical documents. The construction contracts are also provided with relevant drawings, bill of quantities, project quotation, project budget and other important materials.
For the above-mentioned various contract documents, they can play the role of mutual interpretation. If there are different problems in the contract documents, they can be explained in the corresponding order, and the priority order is selected from the above order.
If the contract documents are inconsistent, ambiguous or incomprehensible, they can be solved according to the controversial issues in the contract. Under the condition of not violating the relevant requirements of laws or administrative regulations, the construction contract can be revised or changed through certain consultations. For the modified or changed agreements and documents, their validity shall be higher than other contract documents, and the documents signed later shall be higher than those signed before.
However, the tender folder can be said to be the highest document, and if it does not respond to the tender documents, it may be an invalid tender. Therefore, contracts that are inconsistent with the bidding documents can be stipulated in the construction contract accordingly.
References:
Construction Contract-Baidu Encyclopedia