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Steel structure factory building construction contract
Contractor:
Contractor:
This project passed public bidding and was carried out in accordance with the Contract Law of the People's Republic of China and the Contract Law of the People's Republic of China. **The Construction Law of the People's Republic of China" and other relevant laws and administrative regulations, following the principles of equality, voluntariness, fairness and good faith, both parties reached consensus on project construction matters and signed this contract.
1. Project Overview
Project Name:
Project Location:
Contract Scope:
Project Structure Form:
2. Project Contracting Form
Contracting Form: 1. Contract for work and materials 2. Contract for quality 3. Contract for construction period 4. Contract for safety 5. Contract for construction measures 6. Contract for Garbage removal freight 7. Acceptance included 8. Tax included
Selections: All
3. Contract duration
Contract duration: The total number of calendar days is days, ( From month day to year month day 2011).
IV. Quality Technical Standards
Project quality processing and installation requirements: meet the qualification standards in accordance with the design and construction drawing requirements and the "Quality Acceptance Code for Building Decoration and Renovation Projects" GB50210 advanced requirements. Meet the requirements of "Steel Structure Engineering Construction Quality Acceptance Code" GB50205-2001.
5. Contract Price, Payment Conditions and Payment Progress
1. The tentative total cost of this project is RMB Yuan (in capital letters): Yuan.
2. During the construction process, if the contractor requires in written notice to increase, decrease, or change the project design and quantity, resulting in a change in the project cost, both parties may make corresponding changes to the total project cost. Otherwise, the total project cost may not be changed without authorization for any reason, and this total cost will be directly used as the basis for the final settlement amount of the project.
3. The contract price will not change due to non-contractual factors such as construction materials and market price fluctuations.
4. The contract price includes all direct costs and losses incurred during construction, profits, management fees, safety measures, third party work-related injury insurance premiums and other expenses.
5. The payment conditions for each contract price are as follows:
(1) The contractor has correctly performed its contractual obligations as stipulated in the contract;
(2) The contractor The party has not committed any breach of contract in the contract, or the contractor has committed a breach of contract but has corrected it as required by the employer;
If the contractor fails to meet one of the above conditions, the employer has the right to refuse to pay the contract price , until all the above payment conditions are met.
6. The arrangement and progress of contract price payment are as follows:
If the contractor completes the total project quantity, it shall pay to the total project price; if it completes the total project quantity, it shall pay to the total project price. price; the project has been completed and has been accepted by the contractor. Within the date when the contractor receives the complete and standardized project files, completion data and project settlement data that have been confirmed by the relevant personnel of the contractor, the developer shall submit the project to the contractor. The person pays the balance of the total final price of the project (excluding warranty money);
% of the total final price of the project is used as the project quality warranty fund, which shall be reserved by the contractor from the date when the project is completed and accepted. year, if there are no quality problems after the reservation period expires, the contractor shall pay the project quality warranty fee or the remaining amount in one lump sum within ten days. (The project quality warranty does not accrue interest)
6. Documents composing the contract
The documents composing this contract include: 1. This contract 2. Notification of winning the bid 3. Tender and Its attachments are 4. Standards, specifications and relevant technical documents 5. Design drawings and construction drawings 6. Bill of quantities 7. Project quotation or budget 8. Notice of commencement of construction.
The written documents, letters or minutes of regular meetings between the two parties regarding project negotiations and changes shall be deemed to be an integral part of this contract.
7. Drawings
The employer shall provide the contractor with one copy of the drawings on the agreed date and number of sets. The contractor shall perform confidentiality obligations on the drawings and other materials submitted by the contractor.
The contractor shall not transfer this project drawing to a third party without the consent of the contractor. After the project quality warranty period expires, all drawings shall be returned to the contractor, except for the required drawings archived by the contractor. The contractor should keep a complete set of drawings at the construction site for use by the contractor and relevant personnel when conducting project inspections.
8. On-site instructions and authorized representatives
After the instructions and notices of the contractor are signed by its authorized representative, they are given in writing to the authorized representative of the contractor. The authorized representative appointed by the contractor shall The receipt will be effective upon signature and time of receipt. When necessary, the contractor may issue verbal instructions and provide written confirmation within 48 hours. The contractor shall implement the instructions given to the contractor. If the employer cannot provide written confirmation in time, the contractor shall submit a request for written confirmation within 7 days after the employer issues a verbal instruction.
If the contractor believes that the employer’s instructions are unreasonable, he shall submit a written report to the employer to modify the instructions within 24 hours after receiving the instructions. The employer shall make modification instructions within 24 hours after receiving the contractor’s report or The decision to proceed with the original order shall be communicated to the Contractor in writing. In an emergency, the contractor shall execute the instruction that the employer requires the contractor to execute immediately or the instruction that the employer decides to continue to execute despite the contractor’s objection.
The employer’s confirmation of the total project quantity after completion of the project, confirmation of the project price change notification, and confirmation of completion acceptance must be signed by the employer’s authorized representative and stamped with the official seal of the company.
9. The work of the contractor
The contractor shall complete the following work according to the agreed time and content
1. Make the construction site ready for construction. Continue to be responsible for solving the remaining problems of the above matters;
2. Connect the water, electricity, and telecommunications lines required for the construction from outside the construction site to the agreed location to ensure the needs during the construction period;
3 . Provide the contractor with engineering geology and underground pipeline data of the construction site, and be responsible for the authenticity and accuracy of the data;
4. Provide necessary assistance and convenience to the contractor's construction;
10. Work of the contractor
1. The contractor completes the following work according to the agreed time and content:
(1) According to the entrustment of the contractor, according to its design qualification level and Within the scope permitted by the business, complete construction drawing design or design supporting the project, and use it after confirmation by the contractor:
(2) Provide annual, quarterly, and monthly project progress plans and corresponding progress statistics to the contractor Report:
(3) According to the needs of the project, provide and maintain lighting and fence facilities for non-night construction, and be responsible for safety and security:
(4) Comply with the regulations of the relevant government departments Regarding the management regulations on construction site traffic, construction noise, environmental protection, and production safety, relevant procedures must be completed in accordance with the regulations, and the contractor shall be notified in writing. Any fines caused by the contractor's liability shall be borne by the contractor:
(5) Before the completed project is delivered to the contractor, the contractor is responsible for the protection of the completed project. If any damage occurs during the protection period, the contractor will repair it at his own expense:
(6) Make sure the underground of the construction site is done as agreed Protection of pipelines and adjacent buildings, structures (including cultural relics protected buildings), and ancient and valuable trees:
(7) Ensure that the construction site is clean and complies with relevant regulations on environmental sanitation management, and the site is cleaned up to the agreed level before handover requirements and bear the losses and fines caused by violations of relevant regulations due to one's own reasons:
(8) Construction application and acceptance procedures need to be carried out by relevant government departments during construction:
( 9) Other tasks that the contractor should do:
2. If the contractor fails to perform its obligations under Section 10.1 and causes losses to the developer, the contractor shall compensate the developer for the relevant losses.
11. Suspension of construction
When the employer believes that it is necessary to suspend the construction, it shall request the contractor to suspend the construction in writing and submit a written response within 48 hours after the request is made. Opinion. The contractor shall stop construction at the request of the contractor and properly protect the completed project. If the work is stopped due to the contractor's reasons, the construction period will be postponed accordingly; if the work is stopped due to the contractor's reasons, the contractor will bear the costs incurred, and the construction period will not be extended.
12. Construction period delay
1. If the construction period is delayed due to the following reasons, the construction period will be postponed accordingly if confirmed in writing by the employer:
(1) Employer Failure to provide drawings and start-up conditions as agreed:
(2) The contractor failed to pay the advance payment and progress payment of the project on the agreed date, resulting in the construction not proceeding normally:
(3 ) The employer failed to provide the required instructions, approvals, etc. as stipulated in the contract, resulting in the failure of the construction to proceed normally:
(4) Major design changes and increase in project volume due to the employer's reasons, resulting in major changes in the construction volume :
(5) Materials to be provided by Party A fail to arrive as planned:
(6) Force majeure:
(7) As agreed by both parties or Other circumstances in which the contractor agrees to postpone the construction period.
2. The contractor shall report the delayed construction period to the contractor in writing within 1 day after the occurrence of the above situation. Otherwise, the contractor shall be deemed to have waived the right to request an extension of the construction period. The contractor shall confirm in writing within one day after receiving the report.
13. Quality and Inspection
1. Project Quality
The project quality should meet the agreed quality standards. The quality standards are evaluated based on the national or industry quality standards. based on inspection and assessment standards. If the quality of the project fails to meet the agreed quality standards due to the contractor's fault, and the project cannot be rectified within the time limit specified by the contractor, the contractor shall bear liability for breach of contract. The developer has the right to unilaterally terminate and terminate the contract. In addition to paying liquidated damages equal to 20% of the total contract price, the contractor shall also bear all losses caused to the developer.
2. Inspection and rework
(1) The contractor shall conscientiously carry out construction in accordance with the standards, specifications and design drawing requirements as well as the instructions issued by the employer in accordance with the contract, and accept inspection by the employer at any time Inspection, providing convenient conditions for inspection and inspection.
(2) Once the developer finds out that the quality of the project does not meet the agreed standards, it shall require the contractor to dismantle and re-construct. The contractor shall dismantle and re-construct according to the requirements of the contractor until it meets the agreement. standard. If the agreed standards are not met due to the contractor's fault, the contractor will bear the cost of dismantling and re-construction, and the construction period will not be extended. If the contractor still fails to meet the quality requirements for the re-constructed project, the contractor has the right to waive or reduce the amount of unconstructed work and terminate the contract.
(3) The contractor’s inspection and inspection should not affect the normal progress of the construction. However, if the inspection confirms that the project is unqualified, although it will affect the normal progress of the construction, the costs that affect the normal construction will be borne by the contractor. In addition, if it affects normal construction, the construction period will be postponed accordingly.
Fourteen. Concealed Projects and Intermediate Acceptance
1. If the project meets the concealment conditions or reaches the agreed intermediate acceptance position, the contractor shall conduct self-inspection and conduct self-inspection before starting concealment or intermediate acceptance. Notify the contractor in writing within 48 hours of acceptance. The notice includes the content of concealed and intermediate acceptance, the time and place of acceptance. The contractor prepares the acceptance record, and after the acceptance is passed and the employer signs the acceptance record, the contractor can conceal and continue construction. If the acceptance fails, the contractor shall make modifications within the time limit specified by the contractor and re-accept the work.
2. Re-inspection: Regardless of whether the contractor conducts acceptance inspection, when it requires re-inspection of the concealed project, the contractor shall peel or open holes as required, and re-cover or repair it after the inspection. . If the inspection is qualified, the contractor shall bear all additional contract prices incurred and the construction period shall be extended accordingly. If the inspection fails, the contractor shall bear all costs incurred and the construction period will not be extended.
15. Safety Standard Construction
(1) The contractor shall abide by the relevant management regulations on safety production in project construction, organize construction in strict accordance with safety standards, and accept the responsibilities of the contractor and industry safety at any time. Inspectors carry out supervision and inspections in accordance with the law and take necessary safety protection measures to eliminate potential accident risks. The contractor shall be responsible for accident liability for personal and property losses caused by the contractor's inadequate safety measures and the resulting expenses.
(2) The contractor should carry out the work in a civilized manner, and shall not damage the building structure and ancillary equipment without the written approval of the contractor and the owner (referring to the owner of the project, if any). Otherwise, this will result in All losses and liabilities incurred shall be the responsibility of the contractor.
(3) Any economic or administrative penalties imposed by urban management, construction, environmental protection and other government departments due to any uncivilized or non-standard construction behavior of the contractor shall be borne by the contractor himself. The contractor shall bear all responsibilities for any losses caused.
(4) In order to ensure the smooth progress of the overall project, the contractor shall abide by the relevant regulations of the relevant departments of the contractor regarding the entry and exit of personnel and mechanical materials during construction.
16. Confirmation of the quantity of work
(1) The contractor shall submit a report on the quantity of completed work to the contractor within three days after the 25th of each month. The contractor shall verify the completed work quantity (hereinafter referred to as measurement) according to the design drawings within seven days after receiving the report, and notify the contractor 24 hours before measurement. The contractor shall provide convenient conditions for measurement and send personnel to participate. If the contractor does not participate in the measurement after receiving the notice, the measurement results will be valid and used as the basis for payment of the project price.
(2) The contractor will not measure the amount of work that exceeds the scope of the design drawings and is reworked due to the contractor's fault.
(3) After the employer measures, the contractor and the employer shall *confirm the measurement results in writing together, otherwise it will not be binding on the employer.
17. Supply of materials and equipment
1. The contractor shall provide materials and equipment
The equipment model, specifications, quantity, unit price, and quality provided by the contractor in accordance with the agreement A list of grades and time and place to provide, and a certificate of conformity of the equipment and its products to the contractor. The representative of the contract issuing party will send the notice to the contractor 24 hours before the acceptance of the provided equipment, and the contractor will send someone to inspect the acceptance together with the contract issuing party. Regardless of whether the contractor sends people to participate in the acceptance inspection, the contractor shall keep it properly after acceptance. If any damage or loss occurs, the contractor shall be responsible for compensation.
2. The contractor provides materials and equipment
(1) If the contractor is responsible for purchasing materials and equipment, it shall purchase them in accordance with the agreement, design and relevant standards, and provide product qualification certificates. Responsible for the quality of materials and equipment. The contractor shall notify the contractor 24 hours before the arrival of materials and equipment for inventory and verification.
(2) When the materials and equipment purchased by the contractor do not comply with the design or standard requirements, the contractor shall transport them out of the construction site within the time required by the contractor, re-purchase products that meet the requirements, and bear the resulting consequences. The construction period delayed due to this delay will not be extended.
(3) Before using the materials and equipment purchased by the contractor, the contractor shall conduct inspection or testing according to the requirements of the contractor. Those that are unqualified shall not be used, and the inspection or testing costs shall be borne by the contractor.
(4) When the employer discovers that the contractor has procured and used materials and equipment that do not meet the design and standard requirements, it shall require the contractor to be responsible for repairing, dismantling or re-purchasing, and the contractor shall bear the costs incurred. This delayed construction period will not be extended.
(5) When the contractor needs to use substitute materials, they must be approved in writing by the contractor before they can be used. The increase or decrease in the contract price due to this shall be agreed upon in writing by both parties.
18. Project Changes
1. If the contractor needs to make changes to the original project design during construction, it may issue a change notice to the contractor in writing. The contractor shall make the following required changes in accordance with the relevant requirements of the change notice communication issued by the contractor:
(1) Change the elevation, baseline, location and size of the relevant parts of the project:
( 2) Increase or decrease the quantity of work agreed in the contract:
(3) Change the construction time and sequence of relevant projects:
(4) Other additional work required for project changes: < /p>
The increase or decrease in the contract price due to changes shall be implemented in accordance with the provisions of Article 5 of this contract, and the delayed construction period shall be postponed accordingly in accordance with the provisions of Article 12 of this contract.
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