Fan, subcontracting of construction projects
Party A: ID number:
Party B: ID number:
In order to speed up the progress of the project, Party A is willing to contract the human services of hydropower projects to Party B on the basis of equality and mutual benefit.
I. Overview of the Project
Project name:
Project site
Building area:
Contract mode
Scope and content of the contract: all construction contents agreed by the owner in the reconstruction design and construction drawing.
This contract contains the following contents:
1. All design drawings and construction contracts, as well as all projects such as water, electricity and fire protection (if the workload is increased or decreased due to design changes, it shall be calculated separately). After the completion of hydropower, all hydropower wastes shall be collected, stacked, stored, transported in and out of the construction site, loaded and unloaded, embedded and threaded, including strong and weak electricity, water supply and drainage, hot and cold water pipes, lightning protection and grounding, fans, distribution boxes, cabinets, condensed water, bridges, fire fighting, earth excavation, water meter installation, water supply meeting, broadcasting, emergency lights, indicator light exhaust pipes, and electricity consumption for temporary construction. Including small mechanical equipment, covered electrode, flux, welding machine and other auxiliary materials used by Party B. ..
If the above contract price (including safety) occurs and Party B has a safety accident during the construction, Party B shall be responsible for handling the compensation, and the above contract system shall be implemented, and Party B shall be responsible for its own profits and losses, which has nothing to do with Party A. ..
2. During the project acceptance and completion acceptance, Party B shall be responsible for cleaning all indoor and outdoor water and electricity wastes.
3. Various gadgets used and operated in the construction content.
4. On-site civilized construction: that is, cleaning, cleaning, removal of water, electricity and building materials, sanitary cleaning and cleaning of migrant workers' dormitories, and cleaning and cleaning of processing sites shall be undertaken by Party B. ..
5. Party B shall do its own finished product protection and subcontractor's finished product protection, and Party A shall be responsible for coordination. If it is found that the finished product is damaged by Party B, all the loss expenses shall be borne by Party B. ..
6. Workers' safety and labor protection articles, bedding, living meals and dormitory facilities shall be provided by Party B. ..
7. Party B shall be responsible for the custody, acceptance and preservation of materials provided by Party A, and clean up the site after the work.
8. Party B must arrange at least 1 full-time security officers.
9. Party A has the right to replace the management personnel of Party B. ..
Second, the construction period and quality and safety requirements
1, according to the planned construction period arranged by Party A as a whole and the contract agreement between Party A and the owner. Commencement time is 20 1 1 year1October18th, and completion time is 20 1 1 year120th. If it cannot be completed as required due to Party B's reasons, all losses shall be borne by Party B. ..
Party B must make a completely practical construction schedule, submit the schedule to Party A every month and week, and complete the construction tasks according to the schedule. If the planned task cannot be completed, Party A has the right to find another construction team, and the expenses will be deducted from Party B. Party B must unconditionally provide mechanical equipment or directly terminate the contract.
2. Quality requirements
Hydropower projects must meet the national acceptance standards, all qualified. Before the filing system is implemented, the quality of sub-projects shall be implemented according to the requirements of acceptance standards and qualified standards. All types of work must be well modeled before entering the site, and can only be put into construction after being approved by Party A. ..
3, safety and civilization requirements
(1) Party B shall conduct safety education and safety supervision for workers according to relevant requirements, strictly abide by the technical disclosure and safety construction specifications of this project, and put an end to safety accidents, and file relevant disclosure materials and submit them to Party A for the record.
(2) Party B shall abide by the current safety regulations and Party A's on-site safety management regulations, do a good job in construction safety protection, and put an end to on-site safety accidents.
(3) Safe production
Put an end to heavy casualties and fire accidents, and control the minor injury rate at 1? Construction operators should strictly implement the following contents? Three treasures, four mouths and five borders? Protective measures must be set up, and it is forbidden to throw anything away at heights. Double-layer protective shed shall be erected at pedestrian entrances and exits, passages, etc. During the construction, the safety requirements shall be implemented according to the construction organization design of Party A and the requirements of Party A's management personnel. All safety protection facilities and operations on the construction surface must meet the standard of JGJ59-99, and Party B shall implement the contract responsibility system (including safety expenses).
(4) Civilized construction
Party B shall, according to the requirements of Party A, realize the standardized and civilized construction site management in Sichuan Province, keep the construction area, office area and living area clean and tidy, decorate the dormitory and stack all kinds of materials neatly. Party A shall conduct regular or irregular inspections. If Party B fails to meet the specified requirements, it will not accept the deadline proposed by Party A.
If you change your opinion, Party A has the right to arrange personnel to carry out rectification, and the expenses shall be borne by Party B and punished.
(5) Occupational health and safety and environmental management
Put an end to all unsafe incidents, realize off-site landscape, strive for a green construction site in Sichuan Province, and ensure that noise, dust control and sewage discharge meet relevant national requirements. If the relevant executive departments are fined or publicized due to Party B's reasons, Party A will separately fine Party B 65,438+000 yuan each time as compensation for Party A's reputation, in addition to the corresponding fines to be borne by Party B..
(6) Material management
Party b must be responsible for cooperating with party a to strengthen management in material management, and the material acquisition shall be subject to party a's system? Site material management regulations? Party B must abide by it.
4. Collection and refund of contract unit price and quality performance bond
The lump sum price of this project is * * * () according to the construction area, and the total price calculated according to the construction area is (in figures: RMB) (in words: RMB).
5. Terms of payment
(1) Party B's construction progress payment shall be paid to Party B on a monthly basis, accounting for 80% of the completed works.
(2) Party A shall pay 97% of the total contract price to Party B within one week after the completion of the project is accepted by Party A, supervision, design and quality supervision station, and the rest (3%) shall be paid in one lump sum within one month after the final accounts of Party A and the owner are approved.
(3) Every time the service fee is paid, it shall be paid to the signatory of the contract in cash, and Party B shall issue a payment receipt to Party A. ..
Step 6 breach of contract
(1) If any fine or loss is caused by Party B, Party A will deduct it from Party B's labor fee as punishment.
(2) If Party A's materials are not in place, which causes the shutdown to exceed 1 day, Party A shall pay Party B the rental fee and labor fee of materials and equipment for the corresponding days.
(3) If the project quality fails to meet the requirements due to Party B's reasons, Party B shall bear all the losses caused thereby. ..
(4) All personnel entering the construction site must obey the command and deployment of the site management personnel, otherwise Party A has the right to ask Party B to quit the construction site, and the contract will be automatically terminated. Labor costs caused by Party B's failure to complete the project will be deducted from Party B's contract fees, and Party B shall bear all responsibilities and all economic losses caused by Party B's failure to perform the contract, and the wages of workers shall be borne by Party B..
Four. This contract is made in duplicate, which shall come into effect after being signed by both parties and have the same legal effect.
Party A:
Party B:
date month year
Fan, subcontracting of construction projects
Party A:
Party B:
In view of the fact that Party B is a company with rich construction experience and engineering-related qualifications, in order to clarify the rights, obligations and liabilities for breach of contract of both parties, this contract is signed by both parties through consultation.
The first project content: the galvanized sheet on the wall of the roof curtain wall on the west slope of Sichuan Radio and Television Center is used to block water leakage.
The second construction period: completed before February 20th11and 65438+3 1.
Article 3 Contracting method: contracting for work and materials.
Article 4 The contracting contents of Party B include:
1, according to the construction drawings and atlas provided by Party A. ..
2. Party B is responsible for providing all materials in the construction drawing, auxiliary materials and tools required for installation.
4. Total project price: the lump sum price is 265,438+0,825.00 yuan (this price includes all expenses such as labor, materials, machinery, profits, taxes, insurance, transportation and various welfare expenses of all managers and workers). )
Article 5 Quality requirements:
1. Party B shall take full responsibility for the quality and safety of this project, ensure that the construction, supervision and quality inspection stations are qualified, implement the relevant national acceptance specifications, and ensure that the acceptance quality reaches the qualified standards. All economic losses caused by unqualified acceptance of construction, supervision and quality inspection station shall be borne by Party B. ..
2. Party B shall carry out civilized construction, and it is forbidden to dump construction dregs anywhere.
Article 6 Payment of Contract Price:
After the safety construction is completed and accepted, Party A shall pay all the project funds to Party B in one lump sum within 20 working days.
Article 7 Safety production and handling of safety accidents
1. During the whole construction process, if there are potential safety hazards, Party B shall immediately stop the construction and report to Party A, and Party B shall refuse to obey any command that violates safety production.
2. Party B shall be responsible for all safety accidents during the construction.
Article 8 Liability for breach of contract
If Party A or Party B violates this contract, it shall bear corresponding liabilities for breach of contract.
Article 10 This contract shall come into effect after being signed and sealed by the legal representatives or entrusted agents of both parties.
Article 11 This contract is made in triplicate, with Party A holding two copies and Party B holding one copy.
Article 12 For matters not covered in this contract, supplementary clauses can be concluded through negotiation between both parties, and the supplementary clauses have the same effect as this contract.
Party A (seal): Party B (seal):
Legal representative:
Authorized Agent: Authorized Agent:
Tel: Tel:
Date of signing the contract: year month day.
Fan Wensan, Subcontracting of Construction Projects
Party A:
Party B:
In order to clarify the rights and obligations of Party A and Party B in this project, based on the principles of fairness, justice and mutual benefit, in accordance with the relevant provisions of People's Republic of China (PRC) Contract Law, Construction Law, Regulations on Quality Management of Construction Projects and other laws and regulations, and in combination with the actual situation of this project, both parties voluntarily reached the following contract terms through friendly negotiation:
I. Overview of the Project
1. Project name: Longxiang Square Project in fuxing town (the houses built by Party A start from Building No.4 and are built in sequence, with a total construction area of 70,000 square meters, and all plastic steel doors and windows or aluminum alloy doors and windows, security doors, rolling gates, protective railings and handrails are contracted).
Building area: subject to the actual completed area.
2. Project location: Sanjiawan, Xinqiao Community, fuxing town, Tongchuan District, Dazhou City.
3. Project content: all contents in the construction drawing provided by Party A. ..
Second, the definition of words and contract documents
1. Composition and interpretation order of contract documents.
A. During the contract period, both parties shall negotiate the contents of the project, and review, change and sign the drawings.
B, the current national standards and norms.
C. other relevant technical information.
2. Applicable laws and regulations: current national laws and administrative regulations.
3. Applicable standards and norms: current national standards and norms and relevant industry standards.
Three. General rights and obligations of both parties
(1) General rights and obligations of both parties
1. Party A shall handle the certificates and approvals required for construction before commencement.
2. Party A shall organize the blue prints.the design and design technical disclosure before commencement.
(II) Work of Party B
1, undertake construction safety and security work.
2. Before 25th of each month, Party B shall provide Party A with the completion report for this month and the progress plan for next month.
3, complete the inspection work of government and industry functional departments.
Fourth, the construction organization design and construction period
1. Total construction period: civil works and decoration works will be completed at the same time.
2. Party B shall provide Party A with the construction organization and schedule within 15 days after the blue prints.the design. The supervisor or the representative of Party A shall confirm the construction organization design and schedule within 7 days after receiving it. Party B must organize the construction according to the progress confirmed by Party A's representative (supervisor) and unconditionally accept the inspection and supervision of the progress by Party A's representative (supervisor).
3. In the process of construction, if the actual progress of the project is inconsistent with the confirmed progress, Party B shall put forward invalid improvement measures according to the records of Party A (supervisor) and implement them after being confirmed by Party A (supervisor). If the actual progress is inconsistent with the plan due to Party B's reasons, Party B has no right to increase the contract price due to improvement measures.
Verb (verb's abbreviation) construction period is postponed.
In case of the following factors, the construction period shall be postponed:
1. Party A fails to provide complete construction drawings and relevant technical data within the specified time.
2. Party A fails to pay the project progress payment according to the agreed time, which leads to the failure of the project to proceed normally.
3. There are major modifications or changes in the design.
4, continuous power failure, water supply for more than two days.
5. Force majeure and other factors.
Quality and acceptance of intransitive verbs
1, engineering quality requirements: qualified engineering.
2. Concealed works and intermediate acceptance: when the works have concealed conditions or intermediate acceptance conditions, on the basis of the contractor's self-inspection, the supervision engineer and Party A's representative shall be notified in writing 24 hours in advance, and the acceptance shall be organized after being signed by Party A's representative.
Seven, safety construction
1. Party B shall abide by the management regulations on production safety in engineering construction, organize the construction in strict accordance with safety standards, and accept the supervision and inspection carried out by industry safety inspectors according to law at any time, and take necessary safety protection measures to eliminate potential safety hazards. The accident liability expenses caused by Party B's ineffective safety measures shall be borne by Party B. ..
2. Party B shall provide safety education to the personnel on the construction site and be responsible for their safety. Party A shall not require Party B to carry out construction in violation of safety management regulations, and Party A shall bear corresponding responsibilities and expenses for safety accidents caused by Party A's reasons. ..
3. In case of heavy casualties and other safety accidents, the contractor shall report to the relevant departments and notify Party A (the supervisor) in accordance with relevant regulations, and handle them according to the requirements of government departments at the same time, and the expenses incurred shall be borne by the party responsible for the accident. If there is any dispute between Party A and Party B on the responsibility of the accident, it shall be handled as determined by the relevant government departments.
Eight. Contract price and payment
1. This project adopts an adjustable price contract, and its pricing method is as follows: according to the 2000 Sichuan Construction Project Pricing Quota (SGD? 2000) and relevant supporting documents are charged according to Class III, Class II and Class II projects. The settlement price and labor cost of this project are determined according to the actual engineering quantity and the information price of Dazhou cost station in the same period (the unpriced materials are subject to the market price in the same period), and the total project cost is reduced by 5%. However, Party A shall not charge Party B the affiliated fee of the construction enterprise (the affiliated fee shall be borne by Party A).
The settlement price has included various expenses within the quota (such as engineering measurement fee, safety production supervision fee, construction management fee, labor insurance fee, etc.). ); Including various measures within the quota (such as environmental protection fees, temporary facilities fees, inspection and test fees, night construction increase fees, timely equipment protection fees for completed projects), wage insurance for migrant workers, etc.
2. Confirmation of engineering quantity: if the construction is carried out according to the drawings, the engineering quantity will be calculated according to the drawings; The quantities other than the drawings and technical data shall be subject to the field measurement of Party A, and shall be signed and confirmed by both parties.
3. Payment of project funds (progress payment): Party B shall raise funds by itself after entering the site, and must report the engineering quantity completed by Party B to Party A on 25th of each month. The following month 10, Party A shall pay Party B 80% of the completed works in advance, and so on. After the whole project is accepted by relevant personnel organized by Party A, it will be paid to 98% within one month, and the balance will be 2% after one year.
If it cannot be paid on time, interest shall be paid at 3 times of the bank's loan interest rate for the same period. After the completion of the whole project, the balance shall not exceed two months. If it is more than two months, Party A can add 300 yuan to deduct the balance of the project on the basis of the repair fee per square meter of the built house.
4. Payment of maintenance fee: the maintenance fee will be returned to Party B within seven days after the expiration of the warranty period stipulated by the state without any quality problems, and the maintenance fee will not bear interest.
Nine. responsibility for breach of contract
1. Liability for breach of contract: If the construction period is delayed due to Party B's reasons (except the extension of the construction period) for more than one month, Party A shall pay a penalty of 20,000 yuan, and have the right to unilaterally terminate the contract. If it is completed one month in advance, Party A will reward Party B with 20,000 yuan.
2. Liability for quality breach: Party B shall ensure that the quality level of the project reaches the qualified standard, actively cooperate with Party A to hand over the house, and do a good job in repairing the project quality during the warranty period. (The responsibility shall be subject to the signature of relevant state departments. ) Party B shall bear the compensation caused by the owner of the house due to the quality of the project, and at the same time, Party B shall fully compensate other losses caused by the unqualified acceptance of the project due to Party B. ..
3. Party B's economic, legal, civil and all responsibilities that should be borne by Party B during the construction period shall be coordinated and managed by Party B's agent. If losses are caused by improper cooperation, Party B's economic guarantor and Party B shall jointly bear all economic responsibilities.
4. If Party B fails to comply with the regulations of standardized management, civilized construction and safe construction in the construction process, all consequences will be borne by Party B, and Party B will also bear all losses caused to Party A as a result.
X. others
1. Insurance: Party B shall be responsible for the payment.
2. In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, both parties shall bring a lawsuit to the people's court where the directional project is located.
3. This contract is made in triplicate, with Party A holding two copies and Party B holding one copy. It takes effect after being signed by both parties, and has the same legal effect and is protected by law.
XI。 Liability for breach of contract: After the contract is signed, both parties shall abide by it and shall not breach the contract. If either party breaches the contract, it shall pay the observant party a penalty of RMB two hundred thousand Yuan only.
12. If there are matters not covered, both parties shall sign a supplementary agreement after negotiation, and the supplementary agreement shall have the same legal effect as this contract.
Party A (signature): Party B (signature):
date month year