Legal basis: construction project quality margin management
Article 4 During the defects liability period, for government investment projects that are subject to centralized payment by the state treasury, the deposit management shall be implemented in accordance with the relevant provisions of centralized payment by the state treasury. Other government investment projects, the deposit can be reserved in the financial sector or the employer. During the defect liability period, if the employer is revoked, the deposit together with the delivered assets shall be handed over to the employer for management, and the employer shall be the employer. If the social investment project adopts the method of reserving the deposit, the developer and the contractor may agree to entrust the deposit to a financial institution for safekeeping; Where other guarantee methods, such as project quality deposit and project quality insurance, are adopted, the Employer shall not reserve the deposit again, which shall be implemented in accordance with relevant regulations.
Article 5 The defects liability period shall be counted from the date when the project passes the completion (handover) acceptance. If the project cannot be completed (delivered) and accepted within the specified time limit due to the contractor's reasons, the defect liability period shall be calculated from the date when the project actually passes the completion (delivered) and accepted. If the project cannot be completed (delivered) within the specified time limit due to the reasons of the Employer, the project will automatically enter the defect liability period 90 days after the contractor submits the completion (delivery) acceptance report.
Article 6 After the completion and settlement of a construction project, the employer shall pay the project settlement price to the contractor in a timely manner and reserve a deposit in accordance with the contract.
Seventh all or part of the use of government investment in construction projects, according to the proportion of the total project price of about 5% settlement. If the social investment project adopts the method of reserved deposit, the proportion of reserved deposit can be implemented with reference.
Article 8 During the defect liability period, the contractor shall be responsible for the maintenance of defects caused by the contractor, and bear the appraisal and maintenance expenses. If the contractor fails to repair or bear the cost, the employer may deduct the deposit according to the contract, and the contractor shall bear the liability for breach of contract. After the contractor repairs and bears the corresponding expenses, it will not be exempted from the general loss compensation liability for the project. For the defects caused by other people's reasons, the Employer shall be responsible for organizing the maintenance, and the Contractor shall not bear the expenses, and the Employer shall not deduct the expenses from the deposit.
Article 9 During the defects liability period, the contractor shall earnestly perform the responsibilities stipulated in the contract, and after the expiration, the contractor shall apply to the employer for refund of the deposit.
Article 10 After receiving the contractor's application for refund of the deposit, the employer shall check with the contractor within 14 days according to the contract. If there is no objection, the employer will return the deposit to the contractor within 14 days after verification. If the loan is not paid back within the time limit, the interest shall be calculated and paid according to the loan interest rate of the bank for the same period from the date of overdue, and the employer shall bear the liability for breach of contract. If the Employer fails to reply within 14 days after receiving the contractor's application for refund of the deposit, and fails to reply within 14 days after the reminder, it shall be deemed as agreeing to the contractor's application for refund of the deposit.