Responsibility of both parties in construction project supervision contract

(A) the responsibilities of supervisors

1. The supervisor's responsibility period is the validity period of the entrusted supervision contract. In the process of supervision, if the date agreed in writing is exceeded due to the delay or delay of construction progress, both parties shall further agree to extend the contract period accordingly.

2. The supervisor shall perform the agreed obligations within the responsibility period. If the client suffers economic losses due to the fault of the supervisor, it shall compensate the client. The total accumulated remuneration shall not exceed the total supervision remuneration (excluding tax).

3. The supervisor is not responsible for the quality and completion period (delivery and drawing) of the contractor in violation of the contract. If the entrusted supervision contract cannot be fulfilled in whole or in part due to force majeure, the supervisor shall not be liable. However, the client shall be liable for compensation for related matters that violate the serious work regulations.

4. When the claim made by the supervisor to the client cannot be established, the supervisor shall compensate the client for all expenses arising from the claim.

(2) Customer's responsibility

1. The client shall perform the obligations stipulated in the entrusted supervision contract. If there is any violation, it shall bear the liability for breach of contract and compensate the economic losses caused to the supervisor.

2. If a supervisor suffers losses due to reasons other than the supervisor when handling the entrusted affairs, he may claim compensation from the client.

3. If the client's claim against the supervisor cannot be established, it shall compensate the supervisor for all the expenses arising from the claim. 1. If the supervision work is hindered or delayed due to the reasons of the employer or the contractor, resulting in extra work or extension of the construction period, the supervisor shall promptly notify the employer of this situation and the possible impact. The time for completing the supervision business is correspondingly extended, and extra work is paid.

2. After the signing of the entrusted supervision contract, the actual situation changes, so that the supervisor cannot perform the supervision business in whole or in part, and the supervisor shall immediately notify the client. The completion time of supervision business should be extended. When the supervision business is resumed, the supervision business shall be resumed for no more than 42 days, and the supervision remuneration shall be paid according to the amount agreed by both parties.

3. The supervisor and the employer complete the completion acceptance or project handover, and the contractor and the employer sign the project warranty responsibility letter. After the supervisor receives the final payment from the supervisor, this contract is terminated. The responsibilities during the warranty period shall be agreed by both parties in the special terms and conditions.

4. When one party requests to change or terminate the contract, it shall notify the other party 42 days in advance. If losses are caused to one party due to the termination of the contract, the responsible party shall be responsible for compensation, except that it can be exempted from liability according to law. The notice or agreement to change or terminate the contract must be in writing. Before the agreement is reached, the original contract is still valid.

5. If the supervisor fails to receive the payment documents within 30 days from the date of receiving the supervisor's remuneration, and the client fails to make any written explanation to the supervisor, or suspends the supervision business for more than 6 months, the supervisor may send a notice to the client to terminate the contract. If the client does not receive a reply within 14 days after sending the notice, the client may further send a notice to terminate the contract. If the client does not receive a reply within 42 days after sending the second notice, he may terminate the contract or voluntarily terminate the contract. The client shall be liable for breach of contract.

6. If the supervision business is suspended or terminated for reasons other than the supervisor's own, the aftermath and the recovery of the supervision business shall be regarded as extra work, and shall be entitled to extra remuneration.

7. When the client thinks that the supervisor fails to perform the supervision obligation without justifiable reasons, he can send a notice to the supervisor, indicating that he fails to perform the supervision obligation. If the client fails to receive a reply within 2 1 day after sending the notice, it can send a notice to terminate the entrusted supervision contract within 35 days after sending the first notice, and the contract will be terminated. The supervisor shall be liable for breach of contract.

8. The termination of the contract agreement will not affect the rights and responsibilities of all parties. The normal supervision fee consists of the total cost required by Party B in project supervision, plus reasonable profits and taxes. Specifically, it should include:

1. Direct cost

(1) Wages of supervisors and supervisory assistants, including allowances, additional wages and bonuses;

(2) Other special expenses of project supervisors, including travel expenses, subsidies, books and newspapers, etc. ;

(3) the cost of using computers and other instruments and machinery related to the supervision work in the process of supervision;

(4) Other necessary expenses for foreign cooperation.

2. Indirect loss

All business operating expenses and specific expenses of non-engineering projects:

(1) salaries of managers, administrators and logistics service personnel;

(2) Operating expenses, including advertising fees for soliciting business;

(3) Office expenses, including stationery, paper, accounts, newspapers and periodicals, printing expenses, etc. ;

(4) Transportation expenses, travel expenses and office facilities expenses (water, electricity, gas, sanitation, public security and other expenses used by the company);

(5) Fees for the use of fixed assets and common tools and equipment;

(6) Business training fees and books and materials purchase fees;

(7) funds for other administrative activities.

There are four main calculation methods of supervision fees in China, namely, the Notice on Issuing Relevant Provisions on Supervision Fees for Engineering Construction issued by the State Price Bureau and the Ministry of Construction.

(1) as a percentage of the supervision project budget;

(2) Calculated by the average number of people participating in the supervision work every year;

(3) If it is not appropriate to calculate the income according to (1) and (2), Party A and Party B shall calculate the income according to other agreed methods;

(4) The construction supervision fees for Sino-foreign joint ventures, cooperation and wholly foreign-owned construction projects shall be determined by both parties through consultation with reference to international standards.

Of the above four charging methods, the specific scope of application of items (3) and (4) has been clarified. According to the current situation in China, the scope of application of items (1) and (2) is as follows:

(1) method, that is, collecting income according to the percentage of supervision project budget, is relatively simple and scientific, and is also an internationally accepted method. In general, this method should be adopted in new construction, reconstruction and expansion projects.

The second method is to calculate the fees according to the average number of people who participate in the supervision work every year. 1May 5, 994 1994 The supervision department of the Ministry of Construction gave a brief explanation in Jian Peijun Gongbian (1994) No.5. This method is mainly suitable for single projects or temporary projects, or it is not suitable for calculating the supervision fee according to the percentage of the project budget.

The fees charged according to the above charging methods are only part of normal supervision work, and the fees charged in supervision work should also include extra work and remuneration for extra work. The expenses shall be calculated according to the method agreed in the special terms and conditions of the supervision contract and paid at the agreed time and amount.

The remuneration for normal supervision work, additional work and extra work shall be calculated according to the method agreed in the special terms and conditions of the supervision contract and paid at the agreed time and amount.

If the client fails to pay the supervisor's remuneration within the specified time, it shall also pay the supervisor a late fee from the specified date. The late payment fee shall be calculated from the last day of the prescribed payment period.

The currency and exchange rate for payment of supervision remuneration shall be agreed in the special terms and conditions of the contract.

If the client has any objection to the remuneration items in the payment notice submitted by the supervisor, he shall issue an objection notice to the supervisor within 24 hours after receiving the payment notice, but the client shall not delay the payment of other non-objection remuneration items. 1. The expenses of the supervisors who are necessary for the entrusted construction project supervision to go abroad for inspection and re-inspection of materials and equipment shall be reimbursed to the client within the budget with the consent of the client.

2. Within the scope of supervision business, if experts need to be hired for consultation or assistance, the expenses shall be borne by the supervisor and the entrusting party.

3. The rationalization proposal put forward by the supervisor in the supervision work has enabled the client to obtain economic benefits, and the client should extract economic remuneration according to the agreement in the special conditions.

4. The resident supervision institution of the supervisor and its staff shall not accept any remuneration or economic benefits from the construction contractor of the supervision project. According to the contract, the supervisor shall not participate in any activities that may conflict with the interests of the client.

5. In the process of supervision, the supervisor shall not disclose the secrets declared by the client, nor the secrets provided and declared by the designer and the contractor.

6. The supervisor owns the copyright of all documents compiled by him, and the client only has the right to use or copy such documents for this project. Compensation for any loss or damage caused by violation or termination of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, it may be submitted to the competent department for coordination. If no agreement can be reached, it shall be submitted to an arbitration institution for arbitration or brought to court according to the agreement.

Problems needing attention in signing the contract of entrusted supervision of construction projects

The entrusted supervision contract of construction project is a highly professional contract, so the Ministry of Construction and the State Administration for Industry and Commerce jointly promulgated the model text of the entrusted supervision contract of construction project. However, when signing a contract with the supervisor, the entrusting party can't mechanically apply the template, so we need to pay attention to the following problems: According to Article 17 of the Regulations on Construction Supervision, the supervision unit implements the qualification examination and approval system. The establishment of a supervision unit must be reported to the competent authority of engineering construction supervision for qualification examination, and then apply to the administrative department for industry and commerce for enterprise legal person registration. The supervision unit shall undertake the engineering construction supervision business in accordance with the approved business scope. Secondly, the Code for Supervision of Construction Engineering has made corresponding qualification requirements for all kinds of supervisors, and the supervisors sent by the supervision unit as a party to the contract should meet the requirements of the Code for Supervision of Construction Engineering.

Two, should include the terms of quality, cost and schedule comprehensive control and management.

In the clauses on the scope and content of supervision work in the special clauses of the model supervision contract, the client often only asks the supervisor to supervise the project quality. However, in the clauses about the rights of the supervisor, the supervisor is given a series of rights about the project cost and progress according to the demonstration contract of entrusted supervision of construction projects, which obviously causes the asymmetry of rights and obligations. It should also be noted that the contact activities between the construction unit and the contractor related to the construction project contract should be carried out through the supervision unit. Article 39 of the Special Terms and Conditions of Model Contract stipulates the calculation methods of normal work remuneration, extra work remuneration and extra work remuneration of the supervisor. This is because after the signing of the contract, the actual situation may change, resulting in the need to extend the time, suspend or terminate the supervision business. This actually means that the client has to bear the risks that may arise in the future unilaterally. When we review the supervision contract, we usually advise our customers to adopt the method of total price, and refund more and make up less. No matter whether the supervision work needs to be postponed, suspended or terminated, in short, all kinds of remuneration of supervision are within this price.