A construction contract, also known as a construction and installation contract, is a contract in which the contractor carries out the construction and the employer pays the price. The parties to a construction contract are the construction unit (the employer) and the construction unit (the contractor). Both sides are equal civil subjects. Construction project construction contract is the main contract of construction project contract, which has the basic characteristics of construction project contract and has the following characteristics:
(1) Particularity of contract subject matter
The subject matter of a construction contract is a building product. Compared with other products, the building product has the characteristics of fixity, magnanimity, fluidity, singleness and long production cycle. These characteristics determine the particularity of the subject matter of the construction contract.
(2) The content of the contract is complicated.
Due to the particularity of the subject matter of the construction contract, the contract involves many aspects, involving a variety of subjects and their legal and economic relations. These aspects and relationships require the construction contract to be as detailed as possible, which leads to the complexity of the construction contract. For example. In addition to the general contents of the contract, the construction contract should also stipulate safe construction, the use of patented technology, the discovery of underground obstacles and cultural relics, engineering subcontracting, force majeure, engineering change, the supply, transportation and acceptance of materials and equipment.
(3) the contract has a long performance period
Because the construction period of the project is generally long, plus the necessary construction preparation time, completion settlement and warranty period. It determines that the performance period of the construction contract is long.
(4) Strict contract supervision
Because the performance of construction contracts has a great impact on the country's economic development and people's work and life, the state exercises very strict supervision over construction contracts. In the whole process of the conclusion, performance, modification and termination of a construction contract, in addition to requiring the parties to the contract to strictly manage the contract, the contract authorities (industrial and commercial administrative authorities), the construction administrative authorities and financial institutions should also strictly supervise the construction contract.
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