Model Of Payment Agreement For Construction Projects

Model of payment agreement for construction projects

Contract No: No.

Party A (guarantor):

The legal representative is: Mr.

Tel: TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.

Party B (the guarantor):

The legal representative is: Mr.

Address: it is: the first, the second and the third.

Zip code: it's a very good one.

Tel: TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.

The owner's payment guarantee contract is made by the listed parties.

In view of:

The two parties have reached a consensus on the payment of guaranty contract by the owner of the building project.

Article 1 in order to ensure that Party B signed the contract number with the contract number of the company, the contractor and the Contractor shall fulfil the obligations of Party B under the construction contract of the building contract.

In order to clarify the rights and obligations of both parties, according to the contract law of the People's Republic of China, the guaranty law of the People's Republic of China and other relevant laws and regulations, Party A and Party B have reached an agreement through consultation on an equal footing.

Article second in accordance with the relevant provisions of the "People's Republic of China Guarantee Law", Party A is willing to provide joint and several liability guarantee for the construction contracts signed by Party B and the contractor in accordance with the terms of the contract in a clear understanding of the terms of the construction contract.

Third party A shall provide Party B with joint and several liability guarantee before Party B must:

1. Party A shall provide Party A with one or more of the following counter guarantees:

(1) an enterprise legal person or natural person authorized by Party A formally issues to Party A the irrevocable joint and several liability insurance certificate against Party B's request under Party B's request.

(2) a pledge of property to a party as a guarantee for repayment of debts.

The two parties separately set up a contract for "pledge".

The contents of the pledge are attached to the contract annex.

(3) counter guarantee measures in other ways approved by Party A.

2. agrees that Party A shall have the right to dispose of the above pledge in order to counteract the liability of Party A to recourse to guaranty liability.

Fourth, when a contractor claims compensation from Party A according to the warranty obligation, and Party A considers that the claim documents, documents or certificates are in conformity with the warranty obligations, Party A shall pay an absolute recourse to Party B and his successors and assignee for the purpose of performing the guaranty obligations for B to pay to the contractor, and Party B shall not refuse to pay for any reason on the basis of any instructions and any documents or documents signed by Party B and any unit when Party B accepts his or her successor or assignee.

Fifth Party A has the right to compensate Party B's fees, but also to Party B from the date of compensation from the date of compensation, the amount of compensation shall be multiplied by the actual compensation days according to the amount of compensation.

Party B must pay the full amount, expenses and compensation payable to Party A without any conditions after receiving the notifications of Party A's debt collection notice.

Amendment of sixth guarantee clauses

If Party B requests Party A to amend the contents of the letter of guarantee, it shall submit a written amendment to Party A and a written approval document made by the bank to the amendment. If the guarantee amount is increased or the guarantee period is extended, Party B shall also increase or extend the protection to Party A, otherwise Party A will not accept the application for amendment by Party B.

Seventh guarantee costs

When signing a guaranty contract with Party B, Party A shall pay the guaranty fee and other related expenses to Party A in accordance with the following provisions.

1. guarantee fee:

(1) the guarantee fee is based on the guarantee amount, and is calculated at the annual rate of%.

(2) the guarantee fee is calculated on a monthly basis, less than a month's monthly fee, and a one-time charge when issuing a letter of guarantee.

2. other expenses:

Party A shall pay for the other expenses incurred by Party A in the case of a letter of guarantee exceeding the normal cost (for example, the expenses incurred by Party A in the inspection of Party B).

3. performance bond:

Some clients need to deposit a certain amount of performance bond to the cooperative bank before applying for Party A's guarantee. The margin is mainly used for the performance fee arising from the failure of the party to fulfill the repayment obligation after the maturity of the debt. The deposit is provided in cash. The amount is% of the amount of the guarantee, which is guaranteed by the party. When Party B performs the contract as scheduled, Party A will notify the bank to directly return the principal and interest to Party B's account.

Eighth dispute resolution

This contract is governed by the relevant laws of the People's Republic of China. In the execution of this contract, the parties concerned should first consult if there is any dispute or dispute, and when negotiations fail to resolve, the parties agree to initiate a lawsuit in the people's court where Party A is located.

The corresponding judgment is binding on all parties to the contract.

Ninth liability for breach of contract

1. Party A's responsibility

(1) if Party A fails to fulfill its obligations under this contract, it shall be liable to a penalty of Party B.

(2) if Party A violates its representations, warranties or other obligations in this contract, Party B shall be entitled to claim compensation from Party A.

2. Party B's responsibility

(1) if Party B fails to fulfill his obligations in violation of this contract, he shall pay liquidated damages to Party A.

(2) if Party B violates any representations, warranties or other obligations made in this contract, Party A shall be entitled to claim compensation from Party B.

Tenth entry into force conditions

This contract shall come into force on the date of signing the contract and affixing the official seal from the legal representative or authorized agent of both parties.

This contract shall have the same legal effect.

The parties concerned are responsible for the implementation of the relevant legal procedures.