Model Contract For Construction Project

The Contracting Party:

The Contractor: he is very strong.

The two parties through friendly negotiation reached the following terms of contract:

Chapter 1 General rules for contracts

The meaning of the first words.

The text of the construction contract is composed of the conditions for the construction contract (hereinafter referred to as the terms of the contract) and the terms of the construction contract agreement (hereinafter referred to as the terms of the agreement).

In addition to the provisions of the terms of the agreement, the terms used in the wording shall have the meaning conferred by this article.

1. the employer (Party A): the parties to the terms of the agreement, with the qualification of the employer and the ability to pay for the project.

2. Party A's site representative (Party A): Party A's representative in the terms of the agreement.

3. the contractor (hereinafter referred to as Party B): the parties to the agreement, who have the qualification of the contractor and are accepted by the employer.

4. Party B's site representative (hereinafter referred to as Party B): Party B's representative in the terms of the agreement.

5. social supervision: Party A entrusts the supervision of a project supervision unit or personnel with legal qualifications.

6. chief supervision engineer: the chief supervisor of the project appointed by the project supervision unit.

7. design unit: the design unit entrusted by Party A with the corresponding qualification level.

8. project cost management departments: relevant departments of the State Council, construction administrative departments at various levels, or authorized engineering cost management departments.

9. project quality supervision departments: relevant departments under the State Council, administrative departments at all levels, or authorized engineering quality supervision organizations.

10. project: the permanent provision of the terms specified in the agreement.

11. the contract price shall be calculated according to the various standards of fees stipulated in the relevant provisions or the terms of the agreement, and shall be used to pay the total amount of the contents of the project as required by the contract.

12. economic expenditure: the contract price paid for in the course of construction, which has been confirmed by Party A and increased in the form of budget.

13. cost: Party A shall pay directly and other expenses that Party B should pay for the contract price.

14. time limit: the duration of the contract stipulated in the terms of the agreement.

15. date of commencement: the date of commencement of work stipulated in the agreement.

16. completion date: the agreed completion date of the agreement.

17. drawings: all drawings (including supporting instructions and related materials) provided by Party A or Party B for approval by Party A's representatives.

18. construction site: the site specified in the general layout plan of the construction site approved by Party A in the design and construction plan of the construction organization.

19. written form: all kinds of notices, appointments, entrustment, certificates, visas, memorandums, minutes, letters, and confirmed telegrams, telex and so on, which are handwritten, typed, duplicated and printed according to the contract.

20. Force Majeure: a natural disaster that causes damage to a project due to war, unrest, falling objects in the air or other non Party B responsibilities.

21. terms of agreement: a written agreement signed after consultation with a specific project.

Second contract documents and the order of interpretation.

The composition and interpretation order of the contract are as follows:

1. the terms of the agreement;

2. contract conditions;

3. negotiation, change, etc., to clarify the minutes and agreements of rights and obligations of both parties.

4. bid winning notices, tenders and tender documents for tendering and contracting projects;

5. bill of quantities or project budget book and blueprint for determining project cost;

6. standards, specifications and other related technical data and technical requirements.

7. letters, facsimile, e-mail, etc. confirmed by both parties shall be part of this contract and shall have the effect of the contract.

When the contract documents appear unclear or inconsistent, the two sides will resolve the dispute without affecting the progress of the project. The implementation of social supervision can be explained by the chief supervision engineer. The opinions of the two parties are still not consistent and should be settled according to the thirtieth agreed ways.

In the third construction, the national standards and norms stipulated in the terms of agreement must be used. When the state does not have the corresponding standards and specifications, it can use the standards and specifications of the place where the industry or project is stipulated in the terms of the agreement.

Party A shall provide Party B with two agreed standards and specifications in accordance with the time stipulated in the agreement.

If there are no corresponding standards and specifications in the country, Party B shall provide the construction process according to the time and requirements stipulated in the terms of the agreement, and execute it after approval by Party A; Party A shall be responsible for providing Chinese plations if it requests to use foreign standards and specifications.

The cost of purchase, plation and formulation of standards and specifications in this section shall be borne by Party A.

Fourth drawings.

Party A shall provide Party B with complete construction drawings in accordance with the date and number stipulated in the terms of the agreement 15 days before the date of commencement, and Party B will do the work of secrecy for the drawings according to the terms of the agreement.

The measures that require special confidentiality shall be borne by Party A.

Party B needs to increase the number of drawings. Party A shall copy the copy and bear the cost of reproduction.

The second chapter is the general responsibility of the two parties.

The fifth is Party A's representative.

Party A shall appoint representatives to the construction site to exercise the powers stipulated in the contract and perform the duties stipulated in the contract in accordance with the following requirements:

1. Party A representatives may appoint specific management personnel to assume part of their own rights and responsibilities, and may withdraw such appointments at any time.

Appointments and withdraws shall be notified 5 days in advance.

2. the instructions and notices of Party A's representatives shall be signed by themselves and delivered to Party B in written form. Party B shall enter into force after signing the name and time of receipt.

If necessary, Party A's representative may issue an oral instruction and give written confirmation within 48 hours, and Party B shall execute the instructions to Party A's representative.

Party a representative can not give written confirmation in time. Party B shall submit written confirmation request within 3 days after Party A's oral instruction is issued. Party A refuses to reply within 3 days after Party B's request for confirmation, shall be deemed to have been confirmed by Party B's request.

Party B thinks that Party A's representative's instruction is not the same. It should put forward a written telegram within 24 hours after receiving the instruction. Party A's representative will inform Party B in written form within 24 hours after receiving Party B's notice.

In case of emergency, Party A's request for immediate execution by Party A or Party B's objection, but Party A's decision to continue the execution, shall be executed by Party B.

The cost due to the instruction error and the losses caused to Party B shall be borne by Party A, and the time limit for the delay will be postponed accordingly.

3. Party A's representative shall, in accordance with the contract, provide Party B with the necessary instructions, approvals, drawings and perform other contractual obligations in time. Otherwise, Party B will notify Party A's representatives in 24 hours after the appointed time, the reasons for the specific requirements and the consequences of the delay. Party a representatives shall not reply within 48 hours after receiving the notification, shall bear the economic expenses incurred therefrom, postpone the time limit for the delay and compensate Party B for the losses.

In carrying out the project of social supervision, Party A shall enter into a written supervision contract with the supervisor in written form.

The general supervision engineer entrusted by Party A shall perform the duties of Party A's representative in part or in full, perform the duties of Party A's representative in accordance with the terms of the agreement, but shall not have the right to terminate the obligations of Party B.

Party A representatives and general supervision engineers are easy to be informed. Party A shall inform Party B 7 days in advance, and the successor shall continue to bear the responsibilities of predecessors (contractual obligations stipulated in the contract and commitments within their functions).

The sixth is Party B's representative at the site.

Party B shall appoint the person in charge of the site to exercise the contractual rights according to the following requirements and perform the duties stipulated in the contract:

1. Party B's request, request and notice shall be signed by Party B's representative in written form and sent to Party A's representative.

2. Party B shall represent the construction organization design (or construction plan) approved by Party A's representative and organize the construction according to the instructions and requirements issued by the contract.

In case of emergency and unable to contact Party A's representative, an urgent measure to ensure the safety of the project and personnel's life and property can be taken, and the report should be sent to Party A within 24 hours after taking the measure.

Party A shall be responsible for the economic expenses incurred therefrom, and the corresponding extension of the time limit shall be borne by Party B.

The seventh item is Party A's work.

Party A completes the following tasks at one time or in stages according to the time and requirements stipulated in the terms and conditions of the agreement.

1. land requisition, compensation for seedlings and trees, demolition of houses, removal of ground, overhead and underground barriers, etc.

The construction site shall have construction conditions and remain responsible for solving the remaining problems after the commencement of work.

2. to connect the water, electricity and telecommunication lines from the outside of the construction site to the agreed place of the agreement and ensure the construction.

3. the opening of construction sites and urban and rural public roads, as well as the main traffic routes within the construction site agreed by the agreement, meet the needs of construction and pportation, and ensure smooth passage during construction.

4. to provide Party B with information on the engineering geology and underground pipeline network of the construction site, so as to ensure the accuracy and accuracy of the data.

5. handle all kinds of documents, approvals and temporary lands, and declare and approve procedures for occupying roads and special railway lines (except those certifying the qualifications of Party B).

6. deliver the leveling points and coordinate control points to Party B in written form and carry out the scene.

7. organize Party B and the design unit to carry out the joint examination of drawings, and make the design and presentation to Party B.

8. coordinate the protection of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.

If Party A fails to complete the above work in accordance with the contract, it will cause delay, bear the economic expenses incurred and compensate Party B for the losses, and the construction period will be postponed accordingly.

Eighth Party B works.

Party B completes the following tasks according to the time and requirements stipulated in the terms and conditions of the agreement:

1. within the permitted scope of the design qualification certificate, according to the requirements of Party A's representative, the design of the construction drawing or the matching design with the project shall be completed, and shall be used after approval by Party A's representative.

2. to provide Party A representatives with annual, quarterly and monthly progress plans and statistical reports and accident reports.

3. provide and maintain lighting, guards, fences and guards for non night construction according to project needs.

4. provide the representatives of Party A with offices and living rooms at the construction site according to the quantity and requirements stipulated in the terms and conditions of the agreement.