1. "Client" refers to the party that entrusts the construction project cost consulting business and employs the project cost consulting unit and its legal successor.
2 "Consultant" refers to the party who undertakes the construction project cost consulting business and the responsibility of project cost consulting and its legal successor.
3. The "third party" refers to all parties related to this consulting business except the client and the consultant.
4. "Day" refers to the time period from 0: 00 on any day to 0: 00 on the next day.
Article 2 The construction project cost consultation contract shall be governed by the laws and regulations of China, as well as the departmental regulations agreed in the special terms, the relevant valuation methods and regulations of the project cost, or the local regulations of the project location.
Article 3 The writing, interpretation and explanation of the construction project cost consultation contract shall be dominated by Chinese. If different languages have different interpretations, the Chinese contract text shall prevail.
Duty of consultant
Article 4 Provide the client with information related to the engineering cost consulting business, including the qualification certificate of engineering cost consulting, the list of professionals undertaking the contract business, the consulting work plan, etc. And carry out consulting business according to the scope agreed in the special terms and conditions of the contract.
Article 5 During the performance of this contract, the services provided by the Consultant to the Client include normal services, additional services and extra services.
1, "normal service" refers to the project cost consultation agreed by both parties in the special terms and conditions;
2. "Additional services" refers to the additional services determined by the written agreement of both parties in addition to "normal services";
3. "Extra service" refers to the extra workload that the consultant should increase according to clauses 13, 20 and 22 of the contract standard terms, and does not belong to "normal service" and "extra service".
Article 6 During the performance of the contract or within the time limit stipulated in the contract, confidential information related to the business activities stipulated in this contract shall not be disclosed.
Customer's obligations
Article 7 The entrusting party is responsible for coordinating the third party related to the cost consulting business of this construction project and providing external conditions for the work of the consulting party.
Article 8 The client shall provide the consultant with information related to the consulting business of this project free of charge within the agreed time.
Article 9 The entrusting party shall give a written reply to the matters submitted by the consultant in writing that need to be answered within the agreed time. When the consultant requests the third party to provide relevant information, the entrusting party shall be responsible for conveying and transmitting the information.
Article 10 The entrusting party shall authorize a representative qualified for this consulting business to contact the consulting party.
Rights of consultants
Eleventh the client shall, within the scope of the entrusted construction project cost consulting business, grant the consultant the following rights:
1. During the consultation process, if the information provided by the customer is unclear, the consultant can submit a written report to the customer.
2. In the process of consultation, the consultant has the right to check or inquire about the questions raised by the third party related to this consulting business.
3. During the consultation, the consultant has the right to go to the project site for investigation.
Rights of customers
Article 12 A client shall enjoy the following rights:
1. The entrusting party has the right to ask the consultant about the work progress and related contents.
2. Customers have the right to elaborate opinions and suggestions on specific issues.
3. When the entrusting party determines that the consulting professionals have failed to perform their duties according to the consulting contract, or colluded with a third party to cause man-made and economic losses to the entrusting party, the entrusting party has the right to demand the replacement of the consulting professionals until the contract is terminated, and demand the consulting party to bear corresponding compensation responsibilities.
Responsibility of consultants
Thirteenth consultant's responsibility period is the validity of the construction project cost consulting contract. If the progress is delayed or delayed beyond the agreed date due to the non-consultant's responsibility, both parties shall further agree to extend the validity of the contract accordingly.
Article 14 During the responsibility period, the consultant shall perform the obligations stipulated in the construction project cost consultation contract and compensate the client for the economic losses caused by the consultant's unilateral fault. The total amount of accumulated compensation shall not exceed the total amount of construction project cost consulting fees (excluding tax).
Article 15 If the consultant fails to check or answer the questions raised by the entrusting party or the third party in time, resulting in the failure to perform the contract in whole or in part, the consultant shall bear the responsibility.
Article 16 If the claim for compensation made by the consultant to the client cannot be established, it shall compensate the client for all expenses incurred due to the claim or other demands.
Principal's responsibility
Seventeenth the client shall perform the obligations stipulated in the construction project cost consultation contract, if there is any violation, it shall bear the liability for breach of contract and compensate for the losses caused to the consultant.
Article 18 If the compensation or other demands made by the client to the consultant cannot be established, the client shall compensate the consultant for the expenses incurred due to the compensation or other demands.
Entry into force, modification and termination of the contract
Article 19 This contract shall come into effect as of the date of signature and seal by both parties.
Article 20 If the consultant's work is hindered or delayed due to the client or a third party, which increases the workload or construction period, the consultant shall promptly notify the client in writing of this situation and the possible impact. The increased workload is regarded as extra service, and the time for completing the construction project cost consultation should be extended accordingly, and additional remuneration should be obtained.
Article 21 If one party requests to modify or terminate the contract, it shall notify the other party before 14. Due to change or cancellation
Twenty-second consultants for reasons other than their own reasons to suspend or terminate the implementation of construction project cost consulting business, thereby increasing the resumption of the implementation of construction project cost consulting business, should be regarded as additional services, have the right to obtain additional time and remuneration.
Twenty-third notice or agreement to change or terminate the contract shall be in written form. The original contract is still valid until a new agreement is reached.
Consulting business remuneration
Twenty-fourth normal construction project cost consulting business, additional work and extra work remuneration, according to the method agreed in the special conditions of construction project cost consulting contract, and paid at the agreed time and amount.
Article 25 If the client fails to pay the construction project cost consultation fee within the prescribed payment period, it shall compensate the consultant for the interest on the fees payable from the date of payment. The calculation method of interest is to multiply the bank demand loan on the last day of the specified payment period by the time when the remuneration is in arrears.
Article 26 If the client has any objection to the remuneration or part of the remuneration items in the payment notice submitted by the consultant, it shall send a notice of objection to the consultant within two days after receiving the payment notice, but if the client has no objection, the payment of the remuneration items shall not be delayed.
Article 27 The currency and exchange rate for paying the consulting fee for the construction project cost shall be agreed in the special terms and conditions of the contract.
other
Twenty-eighth due to the needs of the construction project cost consulting business, consultants go out for inspection outside the contract, and with the consent of the client, the client is responsible for the required expenses.
Twenty-ninth consultants need the assistance of external experts, and the expenses shall be borne by the consultants within the scope of the entrusted construction project cost consulting business; Beyond the scope of the entrusted construction project cost consulting business, with the consent of the client, the expenses shall be borne by the client.
Article 30 Without the written consent of the other party, neither party may transfer the rights and obligations stipulated in this contract.
Thirty-first, except with the written consent of the client, consultants and consulting professionals shall not accept any remuneration related to the project cost consulting project other than that stipulated in the construction project cost consulting contract.
According to the contract, the consultant shall not participate in any activities that may conflict with the interests of the client.
Settlement of contract disputes
Article 32 Compensation for losses and damages caused by breach of contract or termination of contract shall be settled through consultation between the client and the consultant. If no agreement can be reached, it can be submitted to the relevant competent department for mediation; If negotiation or mediation fails, it shall be submitted to arbitration or brought to a people's court according to the agreement of both parties.
Special terms and conditions of construction project cost consultation contract
Article 1 The laws and regulations applicable to this contract, as well as the methods and provisions of project cost valuation:
Article 2 Scope of construction project cost consulting business: "Construction project cost consulting business" refers to the following types of consulting business: (1) compilation, review and economic evaluation of investment estimates for feasibility studies of construction projects; (two) to prepare and review the budgetary estimate, budget, settlement and completion settlement of construction projects; (c) Preparation and review of pre-tender estimate and tender offer for construction projects; (d) Project negotiation, change, evaluation of contract disputes and claims; (five) the preparation of the project cost valuation basis, monitoring the project cost, providing relevant project cost information.
Article 3 The client shall provide the construction project cost consultation materials and the time agreed by both parties.
Article 4 The entrusting party shall give a written reply to the matters submitted by the consultant in written form and required to reply within days.
Article 5 If the consultant neglects his duty during his term of office, he agrees to bear the economic losses caused by unilateral responsibility in the following ways. Compensation = return rate of direct economic loss (excluding tax)
Article 6 The Client agrees to pay the normal service fee to the Consultant according to the following calculation method, payment time and amount: The Client agrees to pay the additional service fee according to the following calculation method, payment time and amount: Article 27 Both parties agree to pay the fee according to the exchange rate.
Article 7 When a dispute arises in the performance of a construction project cost consultation contract, the client and the consultant shall settle it through consultation in time; If no agreement can be reached, it can be submitted to the relevant competent department for mediation; If negotiation or mediation fails, it shall be settled in the following ways:
(a) submitted to the Arbitration Commission for arbitration;
(two) to the people's court according to law.
Additional terms of the agreement: instructions for the use of the construction project cost consultation contract.
Construction project cost consultation contract includes standard clauses and special clauses of construction project cost consultation contract (hereinafter referred to as standard clauses and special clauses).
This standard condition is applicable to all kinds of construction project cost consultation entrustment, and both the entrusting party and the consultant shall abide by it. The special conditions shall be filled in by the client and the consultant after consultation according to the characteristics and conditions of the construction project. If both parties consider it necessary, they can also add agreed supplementary terms and amendments.
Instructions for filling in special conditions: Special conditions should be filled in the order corresponding to standard conditions. For example, Article 2 should fill in the applicable departmental or local laws and regulations and the methods and regulations on project cost according to the specific conditions of construction projects such as project category and construction site.
Article 4 When negotiating and defining the "scope of construction project cost consulting business", the scope of projects, single projects or unit projects should be defined first, and the consulting business undertaken should be consistent with the scope of projects covered by general contracting or subcontracting contracts. Secondly, it is necessary to make clear that the project construction is different.
The feasibility study, design, bidding stage or the content of investment estimation, budgetary estimate or budget in the whole process of project cost consultation.
When filling in the construction project cost consultation fee standard, 30% will be paid in advance when signing the contract, 70% when the workload is 70%, and the rest will be paid in one lump sum when the consultation result is finalized. If additional services are caused by the obstruction or delay of the client and the third party, the consultant shall also pay remuneration, and the calculation method and payment time of remuneration shall be agreed by both parties. When the payment time is indicated, how many days shall be indicated.
If both parties agree through consultation, a reward and punishment clause can be set up, but it must be reciprocal.
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