The first part of the agreement
Employer: (full name)
Contractor: (full name)
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and regulations, and following the principles of equality, voluntariness, fairness and good faith, the Employer and the Contractor have reached an agreement on matters related to the construction of this project and concluded this contract.
I. Overview of the Project
Project name:
Project location:
Project content:
DocumentNo. Project approval and planning approval:/
Source of funds: self-raised funds
Second, the scope of project contracting
Scope of contract:
Third, the term of the contract.
Total calendar days of project contract duration: _ calendar days
Commencement date: subject to commencement order.
Fourth, quality standards.
Engineering quality standard: qualified
Verb (abbreviation of verb) contract price
Total contract price (in words):
(lowercase):.
Unit price of the project: □ See the contractor's tender offer (bidding project) for details;
□ See the confirmed bill of quantities quotation or construction drawing budget (non-tendering project) for details.
An intransitive verb constitutes a contract document.
The priority order of documents and interpretations constituting this contract is consistent with the provisions of Article 2.2 of the General Conditions in Part II of this contract.
Seven, the meaning of words
The meanings of related words in this agreement are the same as those given to them in the General Conditions in Part II of this contract.
Eight, the contractor commitment
The Contractor promises to the Employer to carry out the construction and completion in accordance with this contract, and undertake the project quality warranty responsibility during the quality warranty period, and fulfill all obligations stipulated in this contract.
Nine. Employer commitment
The Employer promises to the Contractor to pay the project price and other payables within the time limit and manner agreed in this contract, and to perform all obligations agreed in this contract.
X. Entry into force of the contract
Date of signing the contract: 2008.
Contract signing place:
The Employer and the Contractor agree that this contract will come into effect after being signed and sealed by both parties.
Sender: (official seal) Organizer: (official seal)
Address: Address:
Legal representative:
Authorized Agent: Authorized Agent:
Tel: Tel:
Chuan Zhen: Chuan Zhen:
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal code:
Email: Email:
Part II General Conditions of Contract
This part is the same as the 2006 edition of the Construction Contract of Building Engineering issued by the State Construction Bureau.
Part III Special Terms and Conditions
1, definition
1.40 written form includes:
□ documents
□ Letters
□ telegram
□ Fax
□ Others:
2. Contract documents and explanations
2.2( 10) Other documents constituting the contract/
3. Language and applicable laws, standards and norms
3.3 Names of agreed applicable standards and specifications: People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Construction Law and relevant laws and regulations of the state and administrative departments at all levels.
Step 4 communicate
4.2 The mailing addresses, recipients and other delivery methods of each party.
(1) Mailing addresses and recipients of all parties:
Personnel designated by the employer to send and receive data:
Contractor's designated data transceiver:
The Employer and the Contractor shall notify each other in writing seven days in advance if they need to change the data receiving and dispatching personnel.
(2) Other delivery methods: mailing (including express mail, registered mail, etc. ) and signed by the designated personnel of each party.
5, engineering subcontracting
5. 1 (3) Designated subcontracted works:/
14, developer
14. 1 The Employer agrees to complete the following work:
(1) Time for land acquisition, demolition and site leveling. Make the construction site have the construction conditions: 10 days before the start of construction.
(2) Connection time and place of water, electricity and communication lines required for construction: Connect to the red line of the construction site to meet the construction needs, and complete it seven days before commencement.
(3) Agreement on opening the passage between the construction site and public roads in urban and rural areas: The roads shall be open to traffic seven days before construction, and the construction needs must be met to ensure smooth roads during construction.
(4) Time for providing engineering geology and underground pipeline data: 15 days before commencement, and be responsible for the authenticity and accuracy of the data.
(5) Agreement on handling the required documents: According to the general terms and conditions, it shall be completed five days before commencement.
(6) Time for organizing on-site inspection: Two days before commencement, the owner shall contact the Municipal Surveying and Mapping Office to provide leveling points and red line control points, which will be verified by the Planning Office.
(7) Agreement on organizing joint review of drawings and design disclosure: design disclosure and joint review of drawings shall be conducted within nine days after receiving the drawings.
(8) Coordinate the protection of underground pipelines and adjacent buildings, structures (including buildings for cultural relics protection) and ancient and famous trees around the construction site: according to the requirements of the employer, the employer shall bear the expenses, which will hinder the construction period and postpone the construction period; If the damage is caused by the contractor, the expenses shall be borne by the contractor.
(9) Other work that the Employer should do and its agreement: both parties shall negotiate separately when it happens.
Part of the work entrusted to the contractor includes: if it happens, both parties will discuss it separately.
14.2 Agreement on payment term and payment method
(1) Time limit for payment of project price
□ Relevant provisions on contract payment
□√ Other special instructions: Within seven days after receiving the written application from the contractor.
(2) Payment method of project price:
□√ Make bank transfer according to the account number specified in the agreement.
□√ Payment by cheque
□ Other methods:
14.3 Name of standards and specifications, drawings and technical requirements provided by the Employer to the Contractor:
(1) Provision time: before commencement 15 days.
(2) Number of copies provided: eight complete sets of drawings.
14.4 Time for providing construction site: seven days before commencement.
15, contractor
15. 1 contractor's work agreement
(4) Time and requirements for providing the employer with office and living facilities on the construction site:
(9) Other work and requirements that the contractor should do: it will be discussed separately when it happens.
15.5 agreement that the contractor is responsible for the design
(1) Design that the contractor is responsible for according to the contract:/
(2) Time for the Contractor to provide the design:/
17, owner's representative
Owner's on-site representative and its power restriction
(1) The owner's field representative designated by the owner is (), and the contact address is as follows:
Mailing address:
Postal code: Tel:
(2) The Employer shall acknowledge all documents issued by the Employer's on-site representative on this contract project.
18, supervision engineer
18. 1 The supervision unit and appointed supervision engineer in charge of this contract project.
(1) supervision unit: legal representative:
(2) Appoint () as the supervision engineer, and its contact address is as follows:
Mailing address: Postal code:
Tel: Fax number. ：
18.3 other matters requiring the approval of the owner:
19, cost engineer
19. 1 Responsible for the cost consulting unit and appointed cost engineer of the contract project.
(1) Cost consulting unit: legal representative:
(2) Appoint () as a cost engineer, and its contact address is as follows:
Mailing address: Postal code:
Tel: Fax number. ：
19.3(4) Other matters requiring the approval of the Employer:
20, the contractor's representative
20. 1 The contractor appoints () as its representative, and its contact address is as follows:
Contact telephone number:
Mailing address: Postal code:
2 1, designated subcontractor
2 1. 1 Pre-designated subcontractors and related terms:/
23, project guarantee
23. 1 Agreement on the Contractor's Providing Performance Guarantee to the Employer:
23.4 Agreement on Payment Guarantee Provided by the Employer to the Contractor
(1) Amount of deposit paid: (/)
(2) Time for providing payment guarantee:
□ When signing this contract
□ Other time, especially:
(3) Bank issuing payment guarantee:/
23.8 Agreement on contents, methods and responsibilities of guarantee:/
26. Force majeure
26. 1(4) Other force majeure: rainy days (subject to the on-site visa, and in case of dispute between the two parties, subject to the meteorological standard of Foshan Daily).
27.insurance
27. 1 The Employer entrusts the Contractor to handle insurance matters as follows:
□ Item 27. 1 of General Conditions (1);
□ General Clause 27. 1 Item (2);
□ Item (3) of General Clause 27. 1
27.8 Other agreements on insurance matters:/
28, progress and report
28.3 Time requirements for the contractor to prepare the progress report and modify the progress plan:
Submit it before the third day of each month.
29, began to work.
29.2 The supervision engineer shall issue the commencement order within () after signing this contract.
□ According to the general terms and conditions, 42 days.
□ Within a few days
3 1, construction period and construction period delay
3 1. 1 Contract project duration: () days.
(1) () Duration of a single project: () days.
(2) Time limit for a single project: () days.
3 1.2 Extension of construction period (2): If the Employer fails to pay the project progress payment at the agreed time, the construction period will be extended by one day; If the delay exceeds five days, the construction period will be extended by two days.
3 1.2 Extension of construction period (1 1): The construction period will be extended by 15 days during the Spring Festival.
36, quality objectives
36. 1 Engineering quality standard: qualified.
4 1, materials and equipment supplied by the owner
4 1. 1 stipulate whether the employer will supply materials and equipment.
-The Employer does not supply materials and equipment, and this article is not applicable.
□ If the owner supplies materials and equipment, the list of materials and equipment supplied by the owner shall be taken as an annex to the contract.
4 1.6 Settlement Method of Contract Project for Materials and Equipment Provided by Party A:/
42, the contractor procurement of materials and equipment
42.7 Manufacturer or supplier designated by the employer:/
45, take cover engineering and intermediate acceptance
45. 1 The intermediate acceptance part includes:/
47, project commissioning
47. 1 Agree whether to test run.
□ If trial operation is not required, this article is not applicable.
□ If debugging is required, the contents and requirements of debugging are as follows:
49. Completion acceptance
49. 1 acceptance of intermediate completed project
□ If there is no intermediate completed project in the contract project, this clause is not applicable.
□ If there are intermediate completed projects in the contract project, the scope and planned completion time of each intermediate completed project are as follows:
(1)(/) Project, planned completion time (/), and its scope includes:/
(2)(/) Project, planned completion time (/), and its scope includes:/
50, quality warranty
50.2 Agreement on warranty period of project quality: one-year warranty.
Reserve.
54. 1 reserve fund for this contract: (/) ten thousand yuan.
55, sporadic work project fee
55. 1 The employer (representative) or the supervision engineer shall issue written work instructions using the project fee for sporadic work. If the instruction is oral, the owner (representative) or supervision engineer shall confirm it within two days after receiving the written record of the contractor. If it is not confirmed within the time limit, it shall be regarded as the approval of the contractor for filing.
56, early completion award and delay compensation
56. 1 Award Agreement for Early Completion
□ If there is no reward for early completion, this paragraph is not applicable.
-early completion award, early delivery and one-time award of RMB.
56.2 Agreement on Delay Compensation
(1) Payable amount per calendar day: () yuan.
(2) The maximum compensation for delay is% of the project cost.
57. Agreement and adjustment of contract price
57.2 The adjustment factors of the contract price include:
□√ Quantity deviation;
□√ Engineering change;
□√ Changes in price and subsequent laws and regulations;
□√ Claims for expenses or other circumstances for which the employer is responsible;
□√ Cost adjustment issued by the project cost management organization;
□ Other adjustment factors: the employer's site visa, construction organization plan and measures, geological changes below 0.00, this contract or other adjustments agreed by both parties.
58. Quantity deviation
58.2 Deviation of quantities leads to adjustment of comprehensive unit price of partial project list:
□ Adjust according to the provisions of this clause of the General Conditions.
□ Adjust according to the following agreement:/
58.3 engineering cost adjustment caused by engineering quantity deviation:
□ Adjust according to the provisions of this clause of the General Conditions.
□ Adjust according to the following agreement:/
60, the determination of engineering change price
According to the special terms and conditions 67.5.
6 1. Adjustment caused by price and subsequent laws and regulations
6 1. 1 Price change causes contract price adjustment.
□ This clause does not apply to the contract price that has not been adjusted due to price fluctuation.
□ If the price fluctuation exceeds the scope stipulated in the General Terms and Conditions, the contract price shall be adjusted, and the adjustment data is agreed as follows:
(1) fixed coefficient a ()
(2) Labor Force Weight Coefficient B ()
(3) mechanical affecting, weight coefficient c ()
(4) Weight coefficient d ()
(5) Other resources and weights.
6 1.2 bidding deadline:/
62. Payments
62.2 agreed interest rate
□√ According to the interest rate of similar loans of the People's Bank of China in the same period.
□ For: ().
Advance payment
63. 1 prepayment agreement
□ If there is no advance payment, this article is not applicable.
63.2 Relevant provisions on advance payment:
(1) Payment shall be made within fifteen working days after the Employer and the Contractor sign the contract, enter the site and issue the commencement report.
63.4 Prepayment deduction method:
□ The advance payment shall be deducted according to () (percentage) of the interim payable amount until the deduction is completed.
□ Other low deduction methods:
64, safety protection, civilized construction measures
64. 1 Agreement on the content, scope and amount of safety protection and civilized construction measures.
(1) Content and scope of safety protection and civilized construction measures:
□√ According to the General Terms and Conditions, the unified pricing in Guangdong Province shall prevail.
□ Other requirements of the Owner:
(2) The total cost of safety protection and civilized construction measures is () ten thousand yuan.
64.2 Measures for safety protection and civilized construction shall be paid in advance, and the payment and deduction methods are as follows:
□√ The provisions in Clause 64.2 of the General Conditions;
□ Others:
□
Progress payment
65. 1 payment period:
□ In months;
□ quarterly;
□√ The image progress shall prevail, as follows:
Pay10% of the total contract price after piling is completed; The basement floor shall pay15% of the total contract price; The basement roof shall pay10% of the total contract price; +/-0.00 or more, the project payment shall be paid once every four floors, and 4% of the total contract price shall be paid in seven installments; Pay the project payment once every ten floors for bricklaying, and pay 4% of the total contract price each time in three installments; 5% of the total contract price shall be paid for the removal of the grille; Pay 95% of the total project price two months after the project settlement data is submitted to Party A; The balance shall be used as the project warranty payment, which shall be paid within 14 days after the expiration of one-year warranty period.
The audit payment time is within seven days after receiving the written application from the contractor.
Both parties shall negotiate the tentative total contract price within one month after receiving the drawings.
65.2 The minimum amount of interim payment is (/) ten thousand yuan.
67. Completion settlement and settlement.
67. 1 Settlement procedure and time limit:
□ According to the provisions in Clauses 67.2 to 66.7 of the General Conditions;
□√ Does not conform to the provisions in Clauses 67.2 to 66.7 of the General Conditions; Settlement procedures and time limits are as follows:
The Contractor shall submit the project settlement documents to the Employer within forty-five days after the completion of the project within the scope of the contract, and the Employer shall review and confirm the documents within two months after receiving them, and pay 95% of the total contract price at the settlement price within three months (pay 5% of the total contract price before the 5th of each month).
If the Employer fails to confirm the settlement within two months, the Employer shall pay 95% of the total contract price within three months (5% of the total contract price before the 5th of each month) according to the settlement price submitted by the Contractor, and complete the settlement within 28 days after the first payment. If the settlement cannot be completed, the contractor may submit the project settlement to a qualified project cost consulting company for review (the expenses shall be borne by the Employer).
If one party has any objection to the audit results of the engineering cost consulting company, it may apply to the construction administrative department for a ruling.
67.5 Valuation method of project settlement: The excavation, pumping, dewatering, wall protection and piling of basement foundation pit below 0 shall be settled according to the construction organization design and actual site visa; The actual engineering quantity of this project is calculated according to the completion drawings, on-site visas, engineering changes and other relevant information, and based on 5% of the pre-tax expenses, the settlement is made by applying the comprehensive quota of Guangdong Province in 2006, the pricing method and the relevant pricing documents of Foshan City (the reduction does not involve steel bars and independent fees); Unit price of labor, machinery, materials, etc. Refer to the price published in Foshan project cost information during the construction period (for example, the unit price of materials not included in Foshan project cost information refers to Guangzhou project cost information in the same period).
67.8 Special requirements of the Employer for project completion settlement:
68, quality deposit
68.2 Amount and detention of quality deposit
(1) quality deposit amount
□√ Pay 5% of the contract price according to the general terms and conditions.
□ Yes/.
(2) Detention of quality deposit:
-according to the provisions of the general terms and conditions, from each time should be paid to the contractor in the project (including progress payment and settlement payment) detained, detained ratio of 3%.
□√ Other detention methods: 5% of the total project cost will be deducted when the project is summarized, and the quality deposit will be paid within one year after the completion confirmation 14 days.
69. Contract disputes
69.4 Dispute or appraisal organization
□√ According to the provisions of this clause of the General Conditions;
-Not in accordance with the provisions of this general clause, specifically:
69.6 Both parties agree to choose one of the following methods to solve the dispute:
□ Apply to () arbitration institution for arbitration.
□√ Bring a lawsuit to a people's court with jurisdiction.
74, confidentiality requirements
74. 1 Time for providing confidential information:
76, the number of copies of the contract
76. 1 Provision of contract text
-Provided by the employer in accordance with the General Conditions of this clause.
□ Not in accordance with the provisions of this paragraph of the General Conditions, the specific ways of provision are as follows:
76.3 The contract is made in two originals and two copies, including two for the Employer and two for the Contractor.
Engineering quality warranty
Employer: (full name)
Contractor: (full name)
In order to ensure the normal use of (project name) within a reasonable use period, the Employer and the Contractor signed the project quality warranty according to the People's Republic of China (PRC) Construction Law, the Regulations on Quality Management of Construction Projects and the Measures for Quality Warranty of Housing Construction Projects. During the quality warranty period, the contractor shall undertake the project quality warranty responsibility in accordance with the relevant regulations and the agreement of both parties.
1. Quality warranty scope
The scope of quality warranty includes basic engineering, main structure engineering, roof waterproof engineering, anti-leakage engineering of toilets, rooms and external walls with waterproof requirements, electrical pipeline engineering, water supply and drainage pipeline engineering, equipment installation engineering, heating and refrigeration system engineering, decoration engineering and other projects agreed by both parties. The specific scope of quality warranty is as follows:
The scope of quality warranty undertaken by the contractor includes the part that the contractor is responsible for. In case of quality problems caused by improper construction, the contractor shall be responsible for free maintenance.
2. Quality guarantee period
2. 1 The quality warranty period is calculated from the actual completion date of the project. The quality warranty period of completed and accepted projects shall be calculated separately according to individual projects.
2.2 According to the Regulations on Quality Management of Construction Projects and related regulations, both parties agree that the quality warranty period of this project is as follows:
1, the reasonable service life specified in the design documents of foundation engineering and main structure engineering;
2, roofing waterproof engineering, waterproof bathroom, room and exterior wall leakage prevention engineering.
Over the years;
3, electrical piping engineering, water supply and drainage piping engineering, equipment installation engineering for years;
4, heating and cooling system engineering for a heating period, cooling period;
5, decoration engineering for many years;
6, other projects according to the relevant provisions of the state.
3. Quality warranty responsibility
3. 1 For the project within the warranty scope, the contractor shall send someone to guarantee it within 7 days after receiving the notice. If the contractor fails to send a person for warranty within the agreed time limit, the employer may guarantee by itself or designate a third party for warranty.
3.2 In case of emergency repair accident, the contractor shall immediately arrive at the scene of the accident for emergency repair after receiving the notice.
3.3 The contractor shall ensure the safety and quality of the basic project and the main structure within the reasonable use period of the project stipulated by the state. Quality problems should be reported to the local construction administrative department immediately, and the design unit should put forward the warranty scheme, and the contractor should implement the warranty immediately.
3.4 After the quality warranty is completed, the Employer shall organize the acceptance.
4. Quality assurance fee
The quality warranty expenses and related losses shall be borne by the responsible party that caused the quality defects.
5. Quality assurance
The use, agreement and payment of the quality deposit conform to the provisions of Article 68 of the General Conditions in Part II of this Contract.
6 others
6. 1 Other project quality warranty matters agreed by both parties:
6.2 The quality warranty of this project shall be signed by the Employer and the Contractor before the completion and acceptance of the project, as an annex to the contract, and shall be valid until the expiration of the warranty period.
Sender (official seal): Contractor (official seal):
Legal representative:
Year, month, sun, moon, sun.