Upper limit of fines imposed by Party A on the construction unit

According to the law, the construction contract of a construction project belongs to a civil contract, and a civil contract is a contract between equal subjects. Party A and Party B are equal in legal status, and the relationship reflected by "penalty" is the relationship between unequal subjects, such as the penalty imposed by the company on employees and the penalty imposed by law enforcement agencies on violators, so Party A has no right to impose a penalty on Party B. When signing a construction contract, Party A often uses "penalty" to avoid the word "penalty" being deemed invalid. For example, if Party B fails to complete the project on schedule, Party A has the right to charge Party B a penalty of 50,000 yuan, which is legal. If the statement is "If Party B fails to complete the project on time, Party A has the right to fine Party B 50,000 yuan", this statement is incorrect. If a lawsuit is filed, the court will often rule this clause invalid. According to the legal basis, the contents of the construction contract in Article 795 of the Civil Law generally include the scope of the project, the construction period, the starting and ending time of the intermediate project, the project quality, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, the settlement of funds, the completion acceptance, the scope and duration of quality warranty, and mutual cooperation. , 1, the contractor's liability for breach of contract, first, the project quality does not meet the contract requirements, responsible for free repair or rework. If the delivery is delayed due to repair or rework, the overdue penalty shall be paid; Second, if the project delivery time does not meet the requirements, the overdue liquidated damages shall be paid in accordance with the provisions of the liability clause in the contract. 2. The employer's liability for breach of contract. First, if it is accepted beyond the date stipulated in the contract, it shall pay overdue liquidated damages in accordance with the provisions on the liability for breach of contract. Second, if the project payment is not allocated according to the contract, it shall be handled according to the relevant provisions of the bank's overdue payment method or the "project price settlement method". Third, the project has not been accepted, and the employer uses it in advance or without authorization, and the quality or other problems arising therefrom shall be borne by the employer. Fourth, if the contractor fails to perform its responsibilities as stipulated in the contract, it shall not only postpone the completion date, but also compensate the contractor for the actual losses suffered as a result. Fifth, if the project is stopped, postponed or reworked due to design changes and design errors, measures should be taken to make up for or reduce the losses, and at the same time, the contractor should be compensated for the actual losses caused by shutdown, slowdown, rework, transshipment, relocation of personnel and mechanical equipment, and backlog of materials and components. 3. The circumstances that allow the termination of the construction contract, and the termination of the contract in case of (1) force majeure; (2) To terminate the contract through consultation; (III) Termination of the contract in case of breach of contract: (1) If the contract cannot be performed due to other breach of contract by Party B, both parties may terminate the contract. (2) The contractor subcontracts all contracted projects to adults, and the employer has the right to terminate the contract; (3) Both parties failed to pay the project payment (progress payment) as agreed in the contract, and both parties failed to reach an agreement on deferred payment, so the construction could not be carried out. If the contractor stops the construction for more than 56 days and the Employer still fails to pay the project payment (progress payment), the contractor has the right to terminate the contract. Construction contract deposit is a kind of money pledge to guarantee the contract or guarantee behavior. According to the purpose or use agreed by both parties, there are different interpretations of the deposit. Signing deposit means that in order to sign a contract in the future, both parties agree to use a certain amount of deposit as a guarantee for signing a contract. Failure to pay the deposit is regarded as a lack of sincerity in signing the contract, and the other party to the contract does not need to prepare to sign the contract. Contract deposit refers to the requirement to pay a deposit for the establishment or effectiveness of a contract. If the party who agreed to pay the deposit in the contract pays the deposit in accordance with the contract, the contract is established, and if it does not pay the deposit, it will naturally not take effect. Performance bond refers to a kind of money guarantee provided for the performance of the contract, which will only be returned when the contract expires or is dissolved according to law. Termination bond means that both parties to the contract agree to use a certain amount of bond as a guarantee when the contract is terminated, and pay the bond to the other party when the contract is terminated unilaterally. Article 68 1 of General Principles of Civil Law: A surety contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur. The engineering construction contract is a civil contract. Party A and Party B have equal legal status. Party A can't impose a fine, but both parties can agree on a quality deposit or liquidated damages.