The stipulation about the construction project quality deposit is that the total proportion of the project quality deposit reserved by the employer shall not exceed 3% of the total project cost. During the defect liability period, if there is no problem with the quality of the project, the contractor may apply to the employer for returning the quality deposit, and the employer shall give a reply within 14 days after receiving the application.

1. What are the legal provisions for the construction project quality deposit?

Notice of the Ministry of Housing and Urban-Rural Development and the Ministry of Finance on Printing and Distributing the Measures for the Administration of Construction Project Quality Margin

Article 7 The Employer shall reserve the deposit in the way agreed in the contract, and the total proportion of the deposit shall not be higher than 3% of the total settlement amount of the project price. If it is stipulated in the contract that the contractor replaces the reserved deposit with a bank guarantee, the amount of the guarantee shall not be higher than 3% of the total settlement amount of the project price.

Article 10 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 11 After receiving the contractor's application for refund of the deposit, the employer shall check with the contractor within 14 days according to the contents agreed in the contract. If there is no objection, the Employer shall refund the deposit to the Contractor as agreed. If there is no agreement or unclear agreement on the return period, the Employer shall return the deposit to the Contractor within 14 days after verification. If the deposit is not returned within the time limit, it shall be liable for breach of contract according to law. 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.

Article 12 In case of disputes between the Employer and the Contractor over the deposit reservation and return, as well as the quality and cost of engineering maintenance, they shall be handled in accordance with the dispute and dispute settlement procedures agreed in the contract.

Article 13 In the case of general contracting of a construction project, the rights and obligations of the general contractor and subcontractors related to the deposit shall be implemented with reference to the corresponding rights and obligations of the employer and the contractor in these Measures.

Article 14 These Measures shall be interpreted by the Ministry of Housing and Urban-Rural Development and the Ministry of Finance.

2. What are the basic contents of the construction quality warranty contract?

(a) the way to reserve and return the deposit;

(2) The proportion and term of deposits;

(3) Whether the deposit pays interest, and if so, the calculation method of interest;

(four) the duration and calculation method of the defect liability period;

(five) procedures for handling disputes such as deposit reservation, return and engineering maintenance quality and cost;

(6) Claims for defects during the defects liability period;

(seven) the payment method and the liability for breach of contract for overdue return of the deposit.

In fact, the quality deposit is to ensure the quality of the project to a certain extent. The latest legal system has reduced the proportion of the original quality deposit from 5% to 3%. If it is necessary to reserve the project quality deposit, both parties shall sign a written contract, including the reserved proportion of the deposit, the return method and other relevant terms.