How To Draft Contract For Labor Service Construction
Labor construction contract
Party A: the first party, the first, the second and the third.
Party B: we will be in the first place.
In accordance with the relevant provisions of the People's Republic of China contract law and relevant state laws, regulations and company documents, and following the principles of equality, voluntariness, fairness and honesty, Party A and Party B agree on the negotiation of labor contract for construction of the project.
Enter into this contract.
The first engineering survey
The name of the project is: it is called "the", "the", "the" and "the".
The location of the project is:
Second scope of project contracting
It is very popular.
Third works duration
1. the commencement date of the project is: the year of the year, the date of completion of the project, the year of the year, the total calendar days, and the total calendar days.
2. the main node period is: the construction period of the main node: the first, the second, the second, the second, the second, the second, the second, the second, the last.
3. Party B shall unconditionally carry out Party A's schedule (including the newly revised schedule).
Fourth Engineering Quality Standards
The quality of the project within the scope of the contracted project must be up to the following: 1.
Fifth contract documents and interpretation order.
The documents that constitute the contract and the priority of interpretation are as follows:
1. the contract;
2. annex to the contract;
3. bidding documents;
4. the construction drawings and the current or industrial standards of the country.
Note: the above documents shall be complementary to each other. When the contract is unclear or inconsistent, the above mentioned sequence shall be interpreted. When it is not clearly explained, it shall be settled by negotiation between the two parties without affecting the normal construction progress of the project.
Sixth standard specifications
This contract shall be governed by the following standard and specifications.
Seventh Party A's responsibilities and obligations
1. responsible for the unified formulation of various management objectives, organize the preparation of construction plans, material consumption schedule, implementation of the project quality, duration, safety production, civilized construction, measurement and testing, laboratory control, supervision, inspection and acceptance.
2. responsible for working with owners, supervisors, design and related departments to coordinate work relationship on site.
3. according to the requirements of the project, Party B will increase or decrease the number of construction to meet construction production needs.
Those who are inferior in construction quality, poor in technology, not obedient in command and violating laws and discipline shall be retreated.
4. provide timely supply of construction machinery and equipment and turnover materials supplied by Party A.
5. pay labor remuneration according to the contract.
6. to co-ordinate and arrange for the construction of temporary facilities and water for construction workers of Party B, and the cost of using them.
7. Party B shall assist Party B in processing and entering documents, and the cost will be borne by Party B.
Eighth Party B's responsibilities and obligations
1. abide by national policies and laws and regulations, observe the relevant rules and regulations of owners and Party A enterprises, do well in safe and civilized construction, environmental and occupational health and safety, labor protection, etc.
2. in strict accordance with the design drawings, construction acceptance specifications, relevant technical requirements and construction organization design, meticulously organize the construction to ensure the quality of the project to meet the agreed standards, and to be responsible for the quality of the works within the scope of the contracted labor contract. According to the owner's or party a's plan, we must seek (including the adjusted plan), organize the work scientifically, arrange the operation plan scientifically, invest enough manpower, material resources and guarantee the duration of the project; undertake quality rework due to self responsibility, delay in the construction period, and all kinds of fines.
3., the quality and quantity of management personnel and security personnel (certificates) shall be in place according to the requirements and commitments of the tender documents.
Skilled workers must be employed according to the regulations of the state. Technicians must have occupational skill operation certificates, with a certificate rate of 100%.
Special work must have special operation certificate, with a certificate rate of 100%.
4. obey the supervision, inspection and management of Party A and the owner; accept the management of the quality and progress, technology, safety production, civilized construction and environmental protection by the relevant personnel of Party A and the owner, and accept the inspection of the equipment, material storage and usage of the equipment and the effective documents and certificates of the operator.
5. do well the finished product protection work of buildings, structures and underground pipelines and completed works.
Due to damage to Party B's liability, all economic losses and various fines arising therefrom shall be borne by itself.
6. according to Party A's unified planning and stacking of materials and machinery, proper storage and proper use of machinery, turnover materials and other facilities provided by Party A to Party B.
7. according to the national policy, every labor worker should sign the labor contract and pay the wages of the migrant workers according to the terms stipulated in the contract.
8. equip the builder with necessary labor protection and safety protection items (such as safety helmet, safety belt, work clothes, gloves and other related protective articles).
9. the construction workers are required to have good ideological quality, good health and skilled skills. They are prohibited from minors under the age of 18 and over 55 years old and physically disabled persons. No illegal personnel are prohibited. Party B shall bear the responsibilities and consequences arising from the use of the above unqualified personnel.
10. if Party A fails to get the funds in due time, and the owner fails to pay the project on time, Party B shall not affect the normal construction in this way.
Ninth environmental protection, safe production and civilized construction.
1. Party A should concentrate on organizing the education of safety production, civilized construction, environmental protection and related systems of the construction workers of Party B, and supervise and monitor the implementation of Party B's relevant work according to the state laws and regulations, and the relevant regulations and regulations of the company, so as to make the system operate effectively.
2. Party B shall comply with the relevant regulations on safety production in construction projects, strictly carry out construction according to safety construction standards, strengthen safety education for on-site operators, conscientiously implement safety measures, take necessary safety precautions, eliminate accidents and ensure safety in production, and always accept supervision and inspection by safety inspectors according to law.
Due to ineffective safety measures and illegal operation, all accidents and economic costs will be borne.
In case of a safety accident, Party B shall immediately report to the relevant departments of Party A according to the relevant provisions, and deal with the accident according to the relevant laws and regulations of the state.
3. Party B strictly implements the regulations on the construction site by the competent departments of the construction and environmental protection, fire protection and environmental sanitation departments, so as to ensure civilized construction, ensure that the construction site is neat and orderly, comply with the relevant regulations and requirements of civilized construction, maintain the good corporate image of Party a, and bear losses and fines due to violation of relevant regulations.
Strengthen on-site management, take all appropriate measures to protect the environment inside and outside the site, limit the noise or other pollution caused by construction operations, and avoid damage and obstruction to the public and the third party property.
Tenth materials and equipment supply and management
1. Party A shall provide adjustable materials for the turnover materials provided by Party A to Party B.
2. Party B shall properly keep and reasonably use the materials and equipment supplied by Party A (including the use, storage, loading and unloading, returning to the warehouse, going through the relevant procedures, and stacking according to the site designated by Party A).
3. the material shall be subject to a limited amount of material according to the estimated value of the budget, and Party B shall reasonably use materials and pay attention to saving.
If the material exceeds the budget, the cost of the excess part shall be borne by Party B. the material saving part shall be divided into two parts: the proportion of the two parties.
Eleventh contracting ways, prices and contents.
1. contract mode and unit price
2. the contents of the contract price include:
Personnel wages and dispatch costs: small machinery and equipment costs; two kinds of materials in the field of pportation; natural climate affecting water supply, power failure, and other unforeseen labor day costs; including the turnover of materials, handling, care, storage, retreat; labor protection supplies costs (safety helmets, seat belts, gloves, etc.); safety protection facilities (safety nets, protective railings, shelter, etc.); civilized construction costs (including the higher authorities on the site of the various types of inspections of temporary employment); contract within the scope of the project coordination survey and discharge, material testing, electrical, mechanical equipment maintenance and installation and demolition work; prevention of general natural disasters, the adoption of labor costs; contract price includes all kinds of risks and construction of Party B during the construction period.
3. the unit price of this contract is one time that the price is to be wrapped, and it will not be adjusted or changed due to other factors during the execution of the contract.
Twelfth settlement methods and payment methods
1. on the 25 day of each month, Party A will settle the labor contract fee by Party B according to Party B's actual completion (or according to the progress node), and settle the contract on the 5 day according to the contract price, and hand it to the Finance Department of the party as the basis for payment of labor contract cost.
2. Party A does not pay Party B's living expenses, labor contract costs are paid monthly (or according to the progress node), and the payment time is paid by the owner after payment.
After the completion of the contracted project, the gross amount of the settlement accounts will be%, and the remaining amount will be paid after the completion and acceptance of the contracted project.
(the amount of settlement payment is based on the amount deducted from the labor management fee).
3. in the settlement of the monthly contract fee, the labor management fees of the labor service company of the first party shall be deducted from the second party.
Thirteenth construction acceptance
1. Party B shall organize the construction according to the quality standards stipulated in this contract to ensure the quality of construction.
After completion of the construction work, Party B shall submit the self inspection report to Party A in time and notify the acceptance. Party A shall make preliminary acceptance for the relevant departments of Party B's construction results in time, and then enter the next process construction work after acceptance; the acceptance result shows that Party B shall be responsible for repairing without compensation, failing to extend the construction period and bear the related losses caused by Party A.
At the time of completion and acceptance, the defects of the quality of the works put forward by the owner, the supervisor and other related parties shall be repaired without compensation and Party B shall bear the related losses resulting from Party A, and shall not be relieved from the responsibility of Party B due to the acceptance of Party A in advance.
2. Party B shall cooperate with Party A in the preliminary acceptance and completion check and acceptance of Party A's work. If Party A or the third party work in the construction site must cooperate with Party B, Party B shall cooperate with Party A's instructions.
(cooperate with third party's work cost and negotiate)
Fourteenth engineering warranty
1. the scope and duration of warranty:
2. during the warranty period, Party B shall, after receiving the notice of maintenance, comply with Party A's requirements.
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