Model contract for retaining wall construction 1
Party A:
Party B:
In accordance with the relevant provisions of the Contract Law of the People's Republic of China, Party A and Party B, based on the principles of voluntariness, equality, reciprocity, fairness and good faith, and in combination with the specific conditions of the Wushui Road Project, have reached the following understanding on the labor contract for the construction of Wushui Road's mortar rubble retaining wall project (hereinafter referred to as "this project"), and hereby conclude this contract for the benefit of both parties.
1. Project name: M7.5 Mortar rubble retaining wall project
Second, the scope, content, duration and contracting method of the contract project:
1, project scope: M7.5 mortar rubble retaining wall construction.
2. Work content: Construction of artificial foundation cleaning, drainage, retaining wall foundation masonry, wall body masonry, masonry plastering and jointing, drainage holes, expansion joints and settlement joints, etc.
3. Contracting method: This project is contracted by double contracting method.
4. Time limit for a project: complete all contract work within days from the date of signing the contract.
Three, the project quantity contract price, project quantity measurement and payment and design change.
1, project contract price: according to the actual measurement, the number of qualified masonry completed /m? (After-tax net price, Party B is not responsible for issuing tax invoices). The above unit price includes all the labor, machinery, materials and other expenses for completing the project according to the construction disclosure drawings. Party A is only responsible for excavating the foundation pit and backfilling the earth. After the contract is signed, Party B shall not ask the unit price to rise for any reason, and it will not increase with the increase of the market price of the quantity machine.
2. Measurement method: After the whole project is accepted by the owner, supervisor, financial audit and Party A, the qualified project will be measured and settled.
3. Payment method: After Party B enters the site and the project is completely completed, Party A will not pay Party B the intermediate advance payment of the project. After the whole project is checked by the owner, supervisor, financial audit and accepted by Party A, Party A will pay 90% of the total price of the completed project according to the actually measured qualified masonry completion quantity according to the unit price agreed in the contract, and the remaining 10% will be paid to Party B without interest after the expiration of the defect liability period of one year. Party B shall not make any comments on this.
4. Engineering change: If the owner proposes the change of engineering structure and quantity during the construction, Party A shall inform Party B in written form or supplementary agreement, and Party B shall not refuse the construction for any reason and shall not ask for the increase of unit price due to the change.
5. Party B shall bear the profits and losses of this project and the losses caused by force majeure during the implementation of this contract project. Party B shall completely clear all debts (including wages of migrant workers, materials, machinery and equipment, etc.) before the completion of this contract project, otherwise Party A has the right to pay directly for Party B from the project settlement funds of Party B..
Four, the effective documents of the construction labor contract project
The following documents constitute and constitute an integral part of reading and understanding this contract, and the priority order is as follows, namely:
1, this labor contract and supplementary agreement signed by Party A and Party B;
2. List of quantities of qualified completed projects approved by both parties;
3. Special terms and conditions of technical specifications of this project (including mandatory documents of engineering construction standards);
4. General terms and conditions of technical specifications of this project;
5, the project construction technical disclosure drawings (including change notice);
6, the owner, supervision engineer issued documents, instructions, notices and other documents that constitute an integral part of this contract.
Five, the engineering construction quality
1, the whole project quality of this project shall meet the structural safety and use function specified in the Standard for Inspection and Evaluation of Urban Road Engineering Quality, and the quality of the main structure shall be zero defect, meeting the requirements of the owner and Party A.. Otherwise, Party B shall bear its own losses and all losses of Party A caused by engineering quality problems.
2, the project must be in strict accordance with the design and construction, meet the "municipal engineering retaining wall construction specification" and the owner's requirements. The project is solid inside and beautiful outside, the structural outline lines are straight and beautiful, and all indicators meet the design and specification requirements.
3. Establish and improve the quality responsibility system, and feedback and implement the quality documents, requirements and notices issued by Party A..
4. Under the management of the project department, the quality inspection system of the project department shall be implemented, and the process control inspection shall be carried out according to the inspection system and measures. The quality inspection shall be recorded, and the problems or common faults found shall be corrected in time, and the problems detected shall be replied, fed back and responded.
5. If Party B has any behavior that affects Party A's reputation and makes this contract impossible to perform, Party B shall not only be responsible for its own losses, but also pay 50% of the total measurement and settlement price of the completed project in this contract as liquidated damages to compensate for the losses caused to Party A due to its breach of contract. Where the project quality fails to meet the acceptance standard due to Party B's reasons, Party B must rework it free of charge within the time specified by Party A until it meets the quality acceptance standard, otherwise Party A will not check the work and calculate the price. Party A has the right to unilaterally terminate the contract in advance if it is ordered not to change, and Party B is responsible for all losses caused to Party A from this.
VI. Responsibility of Party A
1, responsible for technical disclosure, construction control survey and supervision, guidance and inspection of Party B's construction.
2. Solve the problems in the construction in time and check the implementation of the construction production plan.
3. Inspect and supervise the construction progress, quality and safety of Party B.. Have the right to order Party B to rework unqualified projects and compensate economic losses. If the rectification fails for many times, Party B shall be deemed to have breached the contract, and Party A shall have the right to terminate the contract and order it to leave unconditionally.
4. Organize the owner, supervisor and financial audit to accept the qualified project completed by Party B in time.
5. Measure, settle and price according to the actual quantities completed by Party B..
6. Assist Party B in handling disputes over land acquisition and demolition caused by reasons other than Party A and Party B's.
VII. Responsibilities and Obligations of Party B
1, Party B must organize enough technical force and technicians to carry out the construction according to Party A's schedule. If the schedule fails to follow the schedule agreed in the contract, 500 yuan will be fined for every day of delay, and Party A has the right to unilaterally terminate the contract without Party B's consent and arrange other personnel or other construction teams to complete it. The amount of work completed by Party B will be settled at 50%.
2. Organize the construction in strict accordance with the construction design drawings and the construction specifications and technical requirements issued by the State and the Ministry of Construction, and complete the construction production plan issued by Party A.. Abide by the national, local and Party A's relevant policies, regulations and requirements, achieve civilized construction standards, neatly stack materials, and create a standardized construction site. Accept the technical guidance, supervision and inspection from the owner, supervisor and Party A at any time. The construction requirements put forward by Party A, the owner and the supervision engineer must be strictly implemented. Party A has the right to refuse the acceptance and settlement of the project if the construction is forced without authorization according to the requirements of Party A, the owner and the supervision engineer. In case of major engineering quality problems, Party B shall bear all losses of both parties.
3. After each working procedure is completed, the next working procedure can only be carried out after the technical personnel of Party A have passed the inspection before the project is concealed. Party B shall accept Party A's spot checks and key inspections at any time, and provide necessary conditions to cooperate with Party A's personnel in sampling various materials and making test pieces.
4. Party B shall be held responsible for delays and slowdown caused by local interference, weather and other reasons, as well as conflicts or economic disputes between Party B and local people during the construction process that are not caused by Party A.. Party B has the obligation and responsibility to increase the allocation of resources to meet Party A's time limit for a project. When there is an economic dispute between the project contracted by Party B and a third party, Party B shall bear all the responsibilities, and Party A shall not bear any expenses.
5. No matter what happens, Party B can't ask Party A to handle it by stopping work or stopping work in disguised form. During the period of stopping work, Party A will deduct 5,000 yuan from Party B's project payment as compensation for the economic and reputation losses caused by Party B's stopping work, which can be deducted from the settlement. In case of continuous shutdown for three days, Party A has the right to select another construction team to enter the site for construction from the third day of shutdown, and Party B will automatically leave the site.
6. In order to improve the quality standard of the project, all materials purchased by Party B for this project must meet the requirements of the specification, the owner, the supervisor and Party A, and the main materials should also provide formal product certificates to Party A for filing. For unqualified materials, Party A has the right to order them to stop using and Party B will remove them from the construction site free of charge.
7. On the construction site, Party B shall pile up the materials according to the specifications, and clear the site after the construction. Shall not affect the normal crop production of the surrounding people.
8, timely payment of wages, materials procurement, equipment use.
Eight, safety production management requirements
1, strictly implement the policies and safety laws and regulations promulgated by the state, and other relevant standards and norms. Abide by the rules and regulations of safe and civilized construction formulated by Party A, and obey the management of relevant security personnel of Party A..
2. Effectively strengthen production safety. If Party B suffers any casualties, disabilities and any property losses during the production of this contract, Party B shall be responsible, and Party A shall not bear any economic and legal responsibilities. As a result, Party B shall be fully responsible for the punishment of relevant government functional departments, and Party A will hold Party B accountable.
IX. Other agreed terms
1. Party B is prohibited from subcontracting all or part of this project to a third party in any way. If Party B subcontracts or subcontracts without Party A's consent, Party A will refuse to accept and settle the project.
2. The contract unit price is a trade secret, and Party B is not allowed to disclose it. Otherwise, Party A will pursue Party B's legal responsibilities and refuse to perform Party A's responsibilities and obligations stipulated in the contract.
3. This contract shall come into effect after being signed by both parties. When the project is completed and accepted, and the balance of the project is settled, it will be terminated automatically.
4. Matters not covered in this contract shall be settled by both parties through negotiation or a supplementary agreement shall be signed, and the supplementary agreement shall have the same legal effect as this contract.
5. This contract is made in triplicate, with Party A holding two copies, Party B holding one copy and Party A submitting one copy to the Finance Department for filing.
X. Dispute Resolution
1 In case of any disagreement during the performance of the contract, both parties shall first settle it through consultation based on the principles of equality, voluntariness, fairness and good faith.
2. If negotiation fails, either party may apply to the arbitration department where the project is located for arbitration.
Party A (official seal): _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _ _
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Model Law on Retaining Wall Construction Contract II
Party A:
Party B:
In accordance with the Contract Law of the People's Republic of China and the principles of equality, voluntariness, fairness and good faith, Party A entrusts the retaining wall project to Party B for construction, and both parties reach an agreement on the relevant matters of this construction project through consultation, and hereby sign this contract.
I. General situation of the project
1, project name: Bid 18 of Yongji Expressway
2. Project location: Yunfeng Community, Jishou City
3. Contract duration: The project duration is 800 days.
2. Project quality requirements: The quality of the project shall meet the quality standards agreed in the agreement, and the evaluation of the quality standards shall be based on the quality inspection and evaluation standards of the country or industry.
Third, the contract settlement price
1, Party A will hand over all the transportation works of Bid 18 to Party B for transportation.
2. The transportation price is calculated in 4 yuan/cubic meter. More than one kilometer per 500 meters plus 1 yuan.
3. The engineering quantity is about 900,000m3. The project cost is about 3.6 million yuan. Subject to actual completion.
IV. Rights and obligations of both parties
Party A:
1, provide Party B with a set of construction drawings, provide Party B with the leveling points and coordinate control points of the construction site in written form, and submit them on site.
2. Guide and supervise Party B's strict construction according to the specifications at any time.
3. Ensure smooth access to the construction site, and ensure that the material truck can enter the site and supply materials in time. Party B:
1, complete the project task according to the construction period and quality required by the contract.
2. Carefully organize, reasonably arrange and carry out the construction in strict accordance with the construction plan and instructions approved by Party A to ensure the completion on schedule.
3. Party B must take necessary safety measures for the construction site and construction methods to ensure safe production and civilized construction and prevent all accidents. During the implementation of the contract, all economic and criminal responsibilities arising from the construction due to Party B shall be borne by Party B; During the implementation of the contract, Party B shall bear all economic and criminal responsibilities for all safety accidents and traffic accidents that occur during the construction due to Party B's reasons.
4, bring your own construction machinery, equipment, materials and water for mixing mortar, etc.
V. Payment of Contract Price
Within 0/5 days after completion/kloc-,95% of the total payment shall be paid after the completion settlement, and the remaining 5% of the quality guarantee fund shall be paid after the acceptance of the project.
VI. Others
Matters not covered herein shall be settled by both parties through consultation.
This agreement is made in duplicate, each party holds one copy, and it will come into effect after being signed and sealed by both parties, with the same legal effect, and the contract for settlement of project funds will be automatically terminated.
Party A (official seal): _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Law of Retaining Wall Construction Contract 3
Party A:
Party B:
According to the Contract Law of the People's Republic of China and the Construction Law of the People's Republic of China and other relevant laws and regulations, combined with the specific conditions of this project. Party A and Party B reach the following contract terms on the principle of equality, mutual benefit and consensus. Both Party A and Party B shall abide by the following rules:
Article 1. General situation of the project
1, project name: Guangming Community, Moudao Town, Lichuan City
2. Project location: Guangming Village, Moudao Town, Lichuan City
3. Project content: The total project quantity is about m3. According to the construction design drawings, the actual completion of engineering quantity calculation.
4. The total project cost will be subject to the actual engineering quantity.
Article 2. Scope of project contracting
Concrete pouring and rubble laying, formwork installation (formwork removal), shelf erection, retaining wall, etc.
Article 3, the contract period
1, commencement date year month day.
2. Date of Completion Year Month Day.
Article 4, Quality Requirements
1, first lay 5-7cm concrete, then lay rubble, then pour concrete, and compact it with three-phase 50 rods. Rubble laying is not allowed to overlap, and the spacing shall be maintained at 50-1100 mm.
2, pouring rubble concrete within1003 should do concrete specimen sampling, and sent to the quality inspection station for testing.
3. The project quality shall be subject to the acceptance according to relevant regulations. In case of unqualified rework, all economic losses shall be borne by the construction party.
Article 5, the project unit price
The unit price of the project is calculated according to the actual construction of the retaining wall (including labor, mechanical equipment, cement, sand, gravel and other raw materials), which is a lump sum price.
Article 6, the project payment method
First, Party B advances 10-1150,000 yuan to build it. After 600m3 is completed, the project payment will be paid by 80%. The remaining 20% shall be paid within one month after the completion acceptance.
Article 7. Rights and Obligations of Party B
1 In order to urge and ensure that Party A fully performs the contents of the contract signed with Party B, Party B will appoint a builder with a certificate of employment. Must be on the construction site every day, if not on site, one hundred yuan will be deducted every day (deducted from the project payment).
2. Party A has the right to supervise and inspect Party B's construction progress, safety, quality and all working procedures, and is responsible for organizing acceptance.
Article 8. Party A shall provide the rubble, and the calculation method shall be based on 60% of the engineering quantity (retaining wall) minus the cubic meter. Unit price per party: 45.00 yuan/party, deducted from the project payment.
Article 9, safety responsibility and safety construction
Party B shall be responsible for the safety accidents in the construction of this project, which has nothing to do with Party A, and shall appoint full-time safety officers (with certificates).
Article 10. Liability for breach of contract
If either Party A or Party B violates any item of this Agreement and causes losses, the breaching party shall bear legal responsibilities and compensate the observant party for economic losses according to relevant laws and regulations.
Article 11. This contract shall come into effect after being signed and sealed by both parties.
Article 12. Matters not covered in this contract shall be settled by both parties through negotiation.
Article 13 This contract is made in duplicate, with each party holding one copy.
Party A (official seal): _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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