Construction contract of construction project
(Non-bidding project demonstration text)
project name
Project location:
From:
Contractor:
make joint efforts
Employer: XXXXX Company (full name, hereinafter referred to as Party A)
Contractor: (full name, hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness and good faith, both parties reach an agreement on the construction of this construction project and conclude this contract.
I. Overview of the Project
1. Project name: enclosure project.
2. Project Location: Road
3. Project content: site cleaning, foundation trench excavation, cushion and foundation concrete masonry, and municipal enclosure installation (type B 1#).
4. Contract scope: positioning and setting out of municipal (B 1#) enclosure, installation of earthwork foundation and enclosure of road engineering project.
Second, the contract period
Commencement date: 2065438+May 23, 2004
Completion date: June 20, 200410
Total calendar days of contract duration: 19 days.
Third, the way of contracting and quality standards
1. Contracting method: Party B contracts labor, materials, commissioned design, equipment, construction period, quality, insurance, safety, taxes and fees, coordination fees, measures and civilized construction (including but not limited to: occupational health, personal injury insurance, environmental protection, unforeseen expenses, etc.). ).
2. Engineering quality standards: The engineering quality and acceptance standards shall be implemented according to the current relevant construction specifications and engineering quality inspection and evaluation standards of the Ministry of Construction, so as to meet the design requirements and reach the qualified engineering standards.
Four. Contract price, payment method and settlement method
1, and the contract price is calculated according to the second method:
Type 1: According to the report, Party A and Party B sign the contract in RMB (in words) only: RMB.
Type II: According to the project budget audit report of the Cost Department, Party A and Party B sign this contract with a tentative amount of RMB (in words): three hundred and eighty-two thousand and fifty-three yuan and forty-three cents (￥ 382,053.43).
2. After negotiation, both parties agree to pay by the second method.
The first type: (applicable to the total price) 1. No advance payment was made for this project; 70% of the total contract price shall be paid after the project completion acceptance is completed; After the completion acceptance, the settlement report shall be submitted by the cost management department of Party A to the audit bureau of the competent department of Party A for the record. Where the audit office of Party A's competent department submits for review, it shall be paid as the settlement amount; If the audit department of Party A's competent department fails to audit, it shall be paid as the settlement amount according to the amount approved by Party A's cost management department; The balance is used as quality guarantee and paid after the warranty period expires.
The second type: (applicable to temporary pricing) 1. No advance payment was made for this project; Party B shall submit the settlement materials within 10 days after the completion of the project acceptance, and pay 70% of the approved amount after being audited by the cost management department of Party A; The settlement report shall be submitted by the cost management department of Party A to the audit bureau of the competent department of Party A for the record. Where the audit bureau of Party A conducts spot checks, the amount approved by spot checks shall be paid to 95% as the settlement amount; If the audit department of Party A's competent department fails to audit, it shall be paid to 95% of the amount approved by Party A's cost management department as the settlement amount; The balance is used as quality guarantee and paid after the warranty period expires.
Party B shall issue an official invoice to Party A from the tax authorities where the project is located as the basis for payment.
3. Through negotiation, Party A and Party B agree to adopt the second settlement method:
Type I: (applicable to lump sum price): This project is a lump sum contract within the scope of construction, and no visa is granted. After deducting the expenses and quality deposit that Party B should bear, it shall be settled according to the lump sum amount.
Type II: (applicable to temporary pricing): The settlement of this project shall be subject to the actual settlement. The engineering quantity is calculated according to the consumption standard (version 06) issued by Hunan Construction Engineering Cost Management Station; The expenses are calculated according to the provisions of (Xiang Jian Jia Price [2009] No.406), excluding the old-age insurance premium and project sewage charges; Labor wages are calculated according to the market wage unit price issued by the Housing and Urban-Rural Development Department of Hunan Province; The price of materials shall be calculated according to the budget price of materials published in Construction Cost and the price limit of materials published by the pilot area and Party A during the same period of construction; If the total price (Chang Fa [2065 438+04] 1No.) can be adopted for partial and sectional works, the total price shall be adopted first. The total settlement price is reduced by 5%, according to (Chang Fa [20 12]3 1No.).
Verb (abbreviation for verb) Rights and obligations of both parties.
1. Rights and obligations of Party A
(1) is responsible for the coordination of the construction site;
(2) Assist and supervise Party B's safe and civilized production;
(3) According to the contract, pay the project payment on schedule.
2. Rights and obligations of Party B
(1) Complete the contracted contents agreed in this contract according to the progress requirements of Party A, and ensure the construction quality meets the relevant national standards.
(2) Carefully check the construction drawings before commencement, actively cooperate with the disclosure and joint review of the construction drawings organized by Party A, and point out any deviation from the construction conventions, practices or specifications on the drawings, as well as mistakes, omissions, bumps and defects in the design drawings.
(3) Be responsible for the construction and maintenance of temporary facilities, roads and pipelines on the construction site, and connect the construction water and electricity from the nearest water and electricity connection point, and the expenses shall be borne by Party B ... Take measures to prevent the underground pipelines and municipal facilities around the red line from being damaged by the project construction.
(4) Party B shall timely handle the documents (including night construction permit) required in the construction process. In case of disturbance to the people, Party B shall properly handle it.
(5) In the construction site, according to the engineering and safety needs, provide lighting, protection, fences and guards for the construction. Responsible for the safety and security of the construction site and the organization and management of the construction site, and create a civilized construction site and standardized management. Ensure safe and civilized construction, maintain the safety of the construction site, adopt strict safety protection facilities, establish and improve the accident handling and reporting mechanism, eliminate potential safety hazards in time and put an end to accidents. During the execution of this contract, if Party B causes safety accidents to itself and the third party, it shall be punished by the relevant competent departments of the state, and Party A has the right to dissolve part or all of this contract according to the seriousness of the case, and the economic and legal consequences arising therefrom shall be borne by Party B.. ..
(6) During the construction period, Party B shall make construction records and concealed works records, and collect construction technical data, including photography and video data.
(7) During the construction period, Party B shall not change the original engineering design without authorization. The expenses arising from Party B's unauthorized design changes and the losses of the Employer shall be borne by Party B, and the delayed construction period shall not be postponed.
(8) Participate in the completion acceptance, and handle the handover formalities after Party A's acceptance. ..
Completion acceptance of intransitive verbs
1. After the project is completed, Party B shall submit the completion acceptance report to Party A. ..
2. After receiving the complete set of completion data and written completion acceptance report provided by Party B, Party A will organize acceptance in time together with relevant departments, and the acceptance will be based on construction drawings, descriptions, technical disclosure minutes, design change notices, construction acceptance specifications and quality inspection standards promulgated by the state.
3. After the acceptance, Party A shall issue an acceptance certificate and hand over the project to Party A for management. If any nonconformities are found during the acceptance, Party B shall be responsible for rectification according to the rectification requirements put forward by Party A before the acceptance, and all responsibilities such as material loss, repair cost and construction period delay caused thereby shall be borne by Party B.. If the second acceptance is still unqualified, Party A has the right to terminate the contract and entrust a third party to carry out the construction, and Party B shall be liable for compensation for the part exceeding the total contract price. The completion date shall be the date when Party A issues the acceptance certificate.
4, the completion inspection and acceptance, not according to the design and construction drawing implementation, should deduct the corresponding expenses.
Seven, engineering warranty and quality deposit
According to the Regulations on Quality Management of Building Engineering and related regulations, the warranty period of this project is half a year, counting from the date when the project is actually completed and accepted.
When Party A pays the contract price to Party B, it shall reserve 5% of the final settlement price of this project as the project quality deposit, and the quality deposit shall be free of interest. Party A shall return the remaining quality deposit to Party B within 0/4 days after the warranty period expires.
All quality problems or other defects in all parts of this project caused by Party B, as well as related losses of third parties caused by Party B's maintenance, are within the warranty responsibility scope of Party B; It is not within the scope of Party B's warranty responsibility, but if Party B cooperates with the construction through negotiation, Party B shall cooperate with the maintenance, and the expenses shall be borne by the responsible party.
Nine. responsibility for breach of contract
1. If Party B transfers all or part of the rights of this contract or all or part of the obligations of this contract to others without Party A's consent, Party A may send a rectification notice to Party B, requesting it to make corrections within a time limit. Party B shall be responsible for the increase of expenses and/or the delay of construction period caused by its breach of contract. Party A may also require Party B to pay liquidated damages to Party A at 15% of the total contract price.
2. When Party B enters the site for construction, it is required to provide relevant material inspection reports after the materials enter the site, and the materials shall be inspected by the person in charge of site construction of Party A, and can be used only after Party A agrees. If the materials used with Party A's consent do not meet the requirements, Party B shall still bear the corresponding responsibilities. If Party B uses unqualified materials or engineering equipment, and the project quality fails to meet the qualified requirements, and refuses to dismantle the unqualified project, it shall pay liquidated damages to Party A at 20% of the total contract price, and the unqualified project shall not be priced, and the expenses for dismantling the unqualified project shall be borne by Party B. ..
3. Party B's failure to complete the work agreed in the contract on time according to the contract schedule has caused or is expected to cause delays in the construction period; Party B shall be responsible for the delay in the construction period. For each day of delay, Party B shall pay Party A a penalty of 0.2 ‰ of the final settlement price of the project, which Party A has the right to deduct when the project payment is made. If the project progress is seriously delayed, Party A has the right to stop paying the progress payment or even terminate the contract as appropriate. Party B shall bear all losses caused thereby.
4. If Party B can't continue to perform or clearly indicate that it fails to perform or substantially stops performing the contract, Party A can not only notify Party B to terminate the contract immediately, but also require Party B to pay Party A a penalty of 65,438+05% of the total contract price.
5. If Party A delays the payment of the project payment without reason, Party A shall pay Party B a penalty of two thousandths of the final settlement price of the project for each day of delay.
6. After the formal signing of this contract, any party's failure or incomplete performance of the agreed terms of this contract constitutes a breach of contract. The breaching party shall be responsible for compensating all losses caused to the observant party due to its breach of contract; When either party breaches the contract, the observant party has the right to require the defaulting party to continue to perform this contract.
X. Dispute mediation
Disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, both parties have the right to bring a lawsuit to the people's court with jurisdiction where the project is located.
XI。 others
1. This contract is made in seven copies, four for Party A and three for Party B. This contract shall come into effect after being signed and sealed by both parties.
2. Matters not covered in this contract shall be settled by both parties through consultation.
3. Other agreed matters: \
(There is no text below)
Party A: (official seal) Party B: (official seal)
Legal representative (signature): Legal representative (signature):
Authorized Agent (signature): Authorized Agent (signature):
Tel: Tel:
Bank of deposit: Bank of deposit:
Account number: Account number:
Date: Date: