1 Scope and work content of supervision
The supervision scope of 1. 1 is stipulated in the special terms and conditions.
1.2 unless otherwise agreed in the special terms and conditions, the supervision work includes:
(1) Prepare the supervision plan after receiving the engineering design documents and submit it to the customer 7 days before the first site meeting. According to the relevant provisions and the needs of supervision work, formulate detailed rules for the implementation of supervision;
(2) Be familiar with the engineering design documents, and attend the blue prints.the design and design disclosure meeting hosted by the Employer;
(3) Attend the first site meeting hosted by the customer; Preside over regular supervision meetings, and preside over or attend special meetings according to the needs of the project;
(4) Review the construction organization design submitted by the construction contractor, focusing on the compliance of quality and safety technical measures, special construction plans and mandatory standards for engineering construction;
(5) Check the engineering quality, safety production management system, organization and personnel qualification of the construction contractor;
(6) Check the allocation of full-time safety production management personnel of the construction contractor;
(7) Review the construction progress plan submitted by the construction contractor and check the contractor's adjustment to the construction progress plan;
(8) Check the laboratory of the construction contractor;
(9) Examining the qualifications of construction subcontractors;
(10) Check the construction survey and setting-out results of the construction contractor;
(1 1) Review the project commencement conditions, and issue commencement orders to those who meet the requirements;
(12) Review the validity and compliance of the quality certification documents of engineering materials, components and equipment submitted by the construction contractor, and conduct spot checks on the materials used in the project by means of parallel inspection or witness sampling as required;
(13) Review the application for project payment submitted by the construction contractor, issue or issue the project payment certificate, and submit it to the client for review and approval;
(14) In the process of patrol, standing by and inspection, if engineering quality and construction safety accidents are found, require the construction contractor to rectify and report to the client;
(15) With the consent of the client, issue a work stoppage order and a work resumption order;
(16) Review the demonstration materials and relevant acceptance criteria for adopting new materials, new processes, new technologies and new devices submitted by the construction contractor;
(17) Acceptance of concealed works and divisional works;
(18) Review the engineering change application submitted by the construction contractor, and coordinate and handle the construction schedule adjustment, cost claims, contract disputes and other matters;
(19) Review the application for completion acceptance submitted by the construction contractor and prepare the project quality evaluation report;
(20) Participate in the project completion acceptance and sign the completion acceptance opinions;
(2 1) Review the application for completion settlement submitted by the construction contractor and report it to the client;
(22) Prepare and sort out the project supervision files and report to the client.
2. 1.3 The scope and contents of related services are agreed in Appendix A. ..
2.2 Supervision and related service foundation
2.2. 1 supervision basis includes:
(1) Applicable laws, administrative regulations and departmental rules;
(2) Standards related to the project;
(3) Engineering design and related documents;
(4) This contract and other contracts related to project implementation signed by the client and a third party.
According to the industry and regional characteristics of the project, the two sides specifically agreed on the supervision basis in the special terms.
2.2 Relevant service basis is agreed in the special terms and conditions.
3 project supervision institutions and personnel
3. 1 The supervisor shall set up a project supervision organization that meets the needs of the work and be equipped with necessary testing equipment. The main personnel of the project supervision organization should have corresponding qualifications.
3.2 During the performance of this contract, the chief supervision engineer and supervisors in important positions should remain relatively stable to ensure the normal supervision work.
3.3 The supervisor can adjust the personnel of the project supervision organization according to the project progress and work needs. When replacing the chief supervision engineer, the supervisor shall report to the client in writing 7 days in advance, and the replacement can only be carried out after the client agrees. When the supervisor changes other supervisors of the project supervision organization, it should be replaced by a person with considerable qualifications and ability, and notify the entrusting party.
3.4 In any of the following circumstances, the supervisor shall be replaced in time:
(1) gross negligence;
(2) there are illegal acts that cannot perform their duties;
(3) Suspected of committing a crime;
(4) Not competent for job responsibilities;
(5) Serious violation of professional ethics;
(6) Other circumstances stipulated in the Special Terms and Conditions.
3.5 The client may require the supervisor to replace the personnel of the project supervision agency who are incompetent for the job.
4 perform duties
The supervisor shall abide by professional ethics and code of conduct, and perform his duties in strict accordance with laws and regulations, relevant standards for engineering construction and this contract.
4. 1 Within the scope of supervision and related services, the supervisor shall promptly put forward the opinions and requirements put forward by the employer and the contractor. When there is a contract dispute between the employer and the contractor, the supervisor shall assist the employer and the contractor to resolve it through consultation.
4.2 When the contract dispute between the client and the contractor is submitted to an arbitration institution for arbitration or a people's court for trial, the supervisor shall provide the necessary supporting materials.
4.3 The supervisor shall handle the contract changes signed by the employer and the contractor within the scope of authorization agreed in the special terms and conditions. If the change is beyond the scope of authorization, it shall be reported to the client in writing for approval.
In case of emergency, in order to protect property and personal safety, if the instruction issued by the supervisor fails to be reported to the client for approval in advance, it shall be reported to the client in writing within 24 hours after the instruction is issued.
4.4 Unless otherwise agreed in the special conditions, the supervisor has the right to require the contractor to replace the contractor's personnel who are incompetent for the work.
5 Submit a report
The supervisor shall submit the report on supervision and related services to the client according to the type, time and number of copies agreed in the special terms and conditions.
6 files
During the performance of this contract, the supervisor shall keep the drawings, reports and related documents recording the supervision work at the site. After the completion of the project, the relevant files of supervision shall be filed in accordance with the provisions of file management.
7 Use the customer's property
The supervisor uses the personnel dispatched by the client and the houses, materials and equipment provided in Appendix B free of charge. Unless otherwise agreed in the special conditions, the house and equipment provided by the client belong to the client's property, and the supervisor shall properly use and keep them. At the end of this contract, the list of these houses and equipment shall be submitted to the customer and handed over in the time and manner agreed in the special conditions.
What obligations does the supervisor have during the performance of the supervision contract? The obligations of the supervisor include supervision re-education, practicing according to standards within the scope of practice, assuming supervision responsibilities, handling engineering-related matters fairly, scientifically and independently, reviewing the organizational structure and personnel of the construction unit, and practicing within the scope prescribed by law.
What are the obligations of the supervisor in the process? (1) The responsibility of both parties in the construction project supervision contract is to provide quality services to the client in accordance with the supervision service content agreed in the special contract terms on the principle of law-abiding, fairness, honesty and science.
(2) Set up a supervision organization and enter the site within the time stipulated in the special contract terms. Submit the supervision plan and its main personnel list to the client in time, and notify the contractor of the personnel list of the supervision institution and the scope of authorization of the supervision engineer and supervisor; If there is any change during the execution, the contractor shall be informed in time. The replacement of the chief engineer and other supervisors shall be subject to the consent of the client.
(3) When it is found that the design documents are not in conformity with the relevant provisions or the provisions of the contract, it shall be reported to the owner.
(4) Check the quality of building materials, building components and equipment, check, review and confirm the construction quality of the project, and check the construction safety. If hidden dangers of quality and safety accidents are found, or quality and safety accidents occur, corresponding regulatory measures shall be taken in time in accordance with relevant regulations.
(5) Supervise and inspect the construction progress.
(6) According to the engineering insurance contract signed by customers, manage the engineering insurance contract on the construction site. Assist customers to provide all necessary materials and evidence to insurance companies in time.
(7) Coordinate the relationship between the parties to the construction contract.
(8) According to the construction operation procedures, supervision shall be carried out by means of standing by, patrolling, tracking detection and parallel detection. The important parts and key processes that need to be on the sidelines are agreed in the special contract terms.
(9) Collect, sort out and archive all kinds of supervision data in the process of engineering construction in time to ensure the completeness and truthfulness of on-site records, tests and inspections.
(10) Prepare supervision log, and provide monthly supervision report, special supervision report, supervision work report and supervision work summary report to the client.
(1 1) Carry out project acceptance according to relevant regulations, and do relevant coordination work. Acceptance of subdivisional work presided over by the Employer and the Supervisor shall be stipulated in the special terms and conditions.
(12) Keep, recycle and keep confidential the engineering construction files provided by the entrusting party. During the validity period of this contract or within one year after the termination of the contract as agreed in the special terms and conditions of the contract, without the consent of the entrusting party, the patent, proprietary technology or other confidential information involving the entrusting party shall not be disclosed, and the technical and commercial secrets related to the contract business shall not be disclosed.
I didn't see the supervision contract signed by you in the performance of the supervision contract, so I don't know how to stipulate the rights and obligations of both parties. One problem is that the total construction volume was not completed at the end of the construction period. Should we explore the reasons? If it is not attributable to the supervision unit, the supervision unit shall pay the supervision fee if it has fulfilled its obligations under the supervision contract.
The key lies in the basis you set for the payment of supervision fees, whether it is the construction period or the amount of work! If the payment is based on the supervision quantity, although the construction period has arrived and the quantity has not been completed, the requirements of the supervision company are unfounded.
The supervision contract belongs to the nameless contract, and legally belongs to the entrusted legal relationship, which can be handled with reference to the disposal method of entrusted legal relationship!
Hello, according to you, there is a problem: the specific wording of the contract and the calculation of supervision fee are not clear. There is a word missing here, and the result may be different.
Literally, the supervision fee stipulated in the contract is calculated according to the progress of the project, and there is no legal basis for the supervision unit to request the termination of the contract. You can claim for the loss.
If the construction period is agreed, it depends on whether there is any clause about extending the construction period in the contract. If yes, it will be handled according to the terms and conditions. Otherwise, the supervision unit has no right to terminate the contract.
In addition, the relationship between supervision units and construction units is generally very good, and few supervision units sue construction units. It is estimated that the quality of your project should be more reliable.
You must have your own lawyer for such a big project. Ask your own lawyer. Any lawyer can handle this simple contractual legal relationship.
What rights does the supervisor have in the entrusted supervision contract? The supervisor shall enjoy the following rights within the scope of the project entrusted by the client. The suggestion right to select the general contractor of the project. Select the approval authority of the project subcontractor. Advise customers on construction-related matters, including project construction scale, design standards, planning and design, production process design and functional requirements. For technical problems in engineering design, suggestions are made to designers according to the principles of safety and optimization. If the proposal may increase the project cost or extend the construction period, the supervisor shall obtain the consent of the client in advance. You can only enter the bank after the customer agrees. When it is found that the engineering design does not meet the quality standards of the design project promulgated by the state or the quality standards agreed in the design contract, the supervisor shall report to the client in writing and ask the designer to correct it. In accordance with the principles of quality assurance, time limit for a project and cost reduction, examine and approve the project construction organization design and technical scheme, make suggestions to the contractor, and submit a written report to the employer. Responsible for the organization and coordination of relevant cooperative units in engineering construction, and report important coordination matters to the entrusting party in advance. With the consent of the client and report to the client in advance, the supervisor has the right to issue a commencement order, a shutdown order and a resumption order. If it is impossible to report in advance due to emergency, it shall make a written report to the client within 24 hours. Have the right to check the materials used in the project and the construction quality. The supervisor has the right to notify the contractor to stop using materials, components and equipment that do not meet the design requirements, contract provisions and national quality standards, and to notify the contractor to stop, rectify and rework the processes, subdivisional works and unsafe construction operations that do not meet the same specifications and quality standards. The contractor can only resume work after receiving the resumption order from the supervision organization.
The right to inspect and supervise the construction progress of the project, and the right to precede or exceed the actual completion date of the project as stipulated in the construction contract.
Within the scope of the project price agreed in the project construction contract, the supervision engineer has the right to review and sign the project payment, and has the right to confirm and veto the project settlement. On the premise of the signature and confirmation of the chief supervision engineer, the entrusted talents will pay the project funds.
With the authorization of the owner, the supervisor may propose changes to the contractual obligations of any contractor. If this seriously affects the project cost or quality, or the progress, this change must be approved by the customer in advance. In case of emergency, if it is not approved by the client in advance, the client shall be informed of the changes made as soon as possible. In the process of supervision, if the contractor is found to be ineffective, the supervision institution may require the contractor to replace the relevant personnel.
Within the scope of the entrusted project, when the employer and the contractor have disputes (including claims) on some specific project details, they must first submit them to the supervision organization, which will study and handle the opinions, and then the two parties will determine them through consultation. When there is a dispute between the client and the contractor, the supervision institution shall make independent judgment and mediate fairly according to its own functions. When the dispute between the two parties is mediated by the administrative department of construction of * * * or arbitrated by an arbitration institution, the evidential materials shall be provided.
What are the obligations of the supervisor according to the Contract for Entrusted Supervision of Construction Projects (1)? In the process of fulfilling the contractual obligations, the supervisor should use reasonable skills, work diligently, and fairly safeguard the legitimate rights and interests of the parties concerned. When the client finds that the supervisor fails to perform the supervision duties according to the supervision contract, or colludes with the contractor to cause losses to the client or the project, the client has the right to ask the supervisor to replace the supervisor until the contract is terminated, and ask the supervisor to bear the corresponding liability for compensation or joint liability for compensation.
(2) During the performance of the contract, sufficient personnel shall be stationed in the supervision work as agreed in the contract. Before starting the supervision business, submit the information of the project chief supervision engineer and the personnel of the supervision institution to the client. If it is necessary to replace the chief supervision engineer during the performance of the contract, the client must first agree and send personnel with corresponding qualifications and abilities.
(3) During the contract period or after the termination of the contract, confidential information related to this project and the contract business shall not be disclosed without the consent of the relevant parties.
(4) Any facilities and articles provided by the client to the supervisor belong to the client's property. When the supervision work is completed or suspended, the facilities and remaining items shall be returned to the client.
(5) Without the written consent of the client, the supervisor and his staff shall not accept the remuneration related to the supervision project other than that agreed in the entrusted supervision contract, so as to ensure the fairness of the supervision behavior.
(6) According to the contract, the supervisor shall not participate in any activities that may conflict with the interests of the client.
(7) In the process of supervision, the secrets declared by the client or the design and contracting units shall not be revealed.
(8) Responsible for contract coordination and management. Within the scope of the entrusted project, any opinions and requirements (including claims) of the client or contractor on the other party must be submitted to the supervision institution first, which will study and deal with the opinions, and then negotiate with both parties. When there is a dispute between the client and the contractor, the supervision institution shall make independent judgment and mediate fairly according to its own functions. When the dispute between the two parties is mediated by the administrative department of XXX or arbitrated by an arbitration institution, the factual materials to prove it shall be provided. Job2299 finishing of China engineering supervision talent network
Does the temporary deployment of supervision personnel affect the supervision contract during construction? Thank you. This is very important. You should promise people according to the contract. If it is necessary to replace the main supervision engineer, the owner's consent must be obtained.
What are the situations in which the supervisor fails to perform the contractual obligations correctly? That's too much. The most common "three controls, three pipes and one coordination" of supervisors may have incorrect performance of contractual obligations, such as: the progress is lagging behind, the supervision fails to take measures or the measures are improper; If the investment is out of control, it should not be changed. If the payment exceeds the proportion stipulated in the contract, the unfinished sub-project will be paid in advance; The measures that should be controlled by quality defect supervision are not controlled or invalid; The supervisor of on-site safety hazards fails to take measures, and the supervisor of safety accidents should report and conceal it; There are no measures or improper measures in contract management, which leads the construction unit to sign contracts with unfavorable terms, and so on.