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Construction and installation project contract
Employer: _ _ _ _ (hereinafter referred to as Party A)
Contractor: _ _ _ _ (hereinafter referred to as Party B)
In accordance with the Contract Law of the People's Republic of China, both parties reach an agreement through consultation, sign this contract and earnestly perform it.
The first project
1.Project name: _ _ _ _
2. Project location: _ _ _ _
3. Project number: _ _ _ _
4. Scope and content of the project: the total construction area of the project is _ _ _ _ square meters.
5. Project cost: The estimated construction drawing cost of all projects is RMB _ _ _ _, of which, the labor cost is RMB _ _ _ _ _ _ _ _ (see the project list for details of individual projects).
Article 2 Project duration
1.Commencement and completion date: According to the time limit quota promulgated by the state, the commencement and completion date of this contract project is as follows through mutual agreement:
All the projects started on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The preparatory work before construction, the two sides should be in accordance with the provisions of Article 3 of the project agreement, respectively, responsible for the completion.
3. In the process of construction, in case of the following circumstances, the construction period can be extended. If the time limit is extended, both parties shall negotiate in time, sign an agreement and report it to the relevant departments for the record.
(1) Those who are forced to stop work due to force majeure;
(2) The construction cannot be continued due to Party A's change of plans or construction drawings;
(3) Party A is forced to stop work and cannot carry out the construction smoothly because Party A cannot supply drawings, materials and equipment on schedule or the required materials and equipment are not up to requirements.
Article 3 Material supply
1.All the materials needed for the project shall be handled according to the following item () supply method.
(1) Special materials, materials for unified distribution and management, and electromechanical products for unified distribution and management shall be purchased by Party A and supplied to the place designated by Party B.. Other materials shall be purchased and supplied by Party B..
(2) Party B shall be responsible for the application, ordering and adjustment of materials for unified distribution and department management; Party A shall be responsible for purchasing and supplying special materials and electromechanical products for unified distribution and department management to the place designated by Party B, and Party B shall be responsible for purchasing and supplying other materials.
(3) All materials and equipment shall be purchased and supplied by Party A to the site or the designated processing place.
(4) Other ways:
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2. The variety, specification, quantity and entry period of materials and equipment supplied by Party A (see the list of materials and equipment supplied by Party A for details).
3. Party A shall be responsible for the application, ordering and processing of complete sets of equipment and non-standard equipment, and Party A shall be responsible for the inspection of imported and established equipment before delivery to Party B.. When Party A entrusts Party B to undertake the processing of equipment orders and non-standard equipment, a separate agreement shall be signed.
4. If the materials needed for the project cannot meet the requirements of the project because of the specifications, varieties or materials of the supply department, they must be replaced by other specifications and varieties or processed, the original design unit and Party A shall be agreed in advance, and the three parties shall sign an agreement before implementation. The quantity difference, price difference and processing fee due to substitution or processing shall be settled according to the existing regulations.
5. All materials that should be accompanied by qualified certificates must be verified by the supplier when entering the site; If there is no certificate, it must be tested by the supplier before it can be used, and the test expenses shall be borne by the supplier. Because the construction unit or design unit requires retesting of materials with ex-factory qualification certificate, the test expenses shall be borne by Party A..
6. If the materials and equipment supplied by Party A are not supplied on time, or the specifications and quality are not up to the requirements, they cannot be solved through the efforts of both parties, thus causing losses to Party B, which shall be borne by Party A..
Article 4 Settlement of project funds
1.The settlement method of all project costs shall be handled according to the following item ().
(1) The settlement shall be based on the reviewed construction drawing budget plus the change budget.
(2) The lump sum cost determined by the construction drawing budget plus lump sum coefficient shall be settled, and the expenses beyond the lump sum scope shall be paid in accordance with relevant regulations.
(3) According to the standard construction drawing, the unilateral cost shall be settled in lump sum, and the expenses beyond the lump sum scope shall be paid in accordance with the relevant regulations.
(4) The labor cost shall be settled according to the budget quota.
(5) The project subject to tender shall be settled according to the bid-winning price.
2. Appropriation and settlement of project funds shall be handled in accordance with the existing regulations (see Annex for details).
Article 5 Construction and design changes
1.Party B shall organize the construction according to the construction acceptance specifications, quality inspection standards and equipment requirements issued by the state, and all of them shall be qualified.
2. Adhere to the construction according to the drawings, and neither party may arbitrarily change the design. In case of slowdown, rework, overstock of materials and components, relocation of construction forces and institutions and other losses caused to the other party under the following circumstances, the responsible party shall bear the responsibility.
(1) If there is any mistake or serious irrationality in the design during the construction, Party B shall notify Party A in writing, and Party A shall negotiate with the original design unit within seven days, propose to modify or change the design documents, and the construction shall not be allowed until both parties sign an agreement.
(2) During the construction, if the design change exceeds the original design standard or scale, it should be re-submitted for approval according to the examination and approval procedures before the construction, and the construction can only be started after the project budget is reviewed by the audit office and the investment is reviewed by the handling bank, and an agreement is signed by both parties. Otherwise, either party shall not force the construction.
(3) During the construction, in case of stopping or delaying the construction, Party A and Party B shall agree on the safe parts of the project under construction.
(4) In the course of construction, if it is found that Party A's investment is insufficient, and the project progress payment cannot be allocated on time, and the construction is stopped or postponed halfway, the losses caused to Party B shall be borne by Party A..
3. Party B shall strictly implement the acceptance system for concealed works. After the concealed works are completed, they must be recorded after acceptance before proceeding to the next working procedure. Before the concealed works are concealed, Party B shall notify Party A for inspection. If Party A fails to check in time, Party B can check on its own, fill in the inspection record of concealed works and send the record to Party A.. After the event, Party A will inspect the concealed works, and if they meet the quality standards, the inspection expenses shall be borne by Party A; If it does not meet the quality standards, the inspection fee shall be borne by Party B.. If Party B conceals the project without informing Party A of the inspection, the inspection fee shall be borne by Party B..
4. Party A and Party B shall report for approval in accordance with the quota management method when they encounter engineering problems during construction. The change budget attached to the change project agreement shall be sent to the handling bank in time before construction as the basis for settlement of the project payment.
Article 6 Completion Acceptance, Settlement and Warranty
1.Party B shall notify Party A of the acceptance date in writing five days before the completion of a single project. If Party A fails to attend the acceptance on time, it shall notify Party B in advance and set another acceptance date after obtaining Party B's consent, but Party A shall acknowledge the completion date. If Party A fails to attend the acceptance on time, all the management fees and losses incurred shall be borne by Party A.. And pay Party B one ten thousandth of the budgeted cost per day as overdue penalty.
2. After the completed project is accepted, Party B shall hand it over to Party A within three days from the date of acceptance. If Party A fails to take over on schedule, resulting in the loss of the accepted project, it shall be borne by Party A..
3. If a unit project in a project needs to be handed over to Party A separately, both parties shall go through the intermediate acceptance procedures at the time of handover as the basis for the acceptance of the completed project of the unit.
4. During the acceptance of the completed project, if it is found that the quality of the project does not meet the requirements, Party B shall be responsible for repairing or reworking it free of charge, and complete it within the measures and time limit agreed by both parties. After the acceptance is qualified, it will be handed over. If the project is delivered late as a result, Party B shall pay Party A a penalty of one ten thousandth of the budgeted cost per day.
5. The project has been basically completed. If both parties can't solve a certain material or equipment, the project can't be completed on schedule. With the consent of both parties, the project can be completed by reduction, and the completed project can be completed and accepted and handed over.
6. Acceptance of completed projects is based on the construction acceptance specifications, quality inspection standards and construction drawings issued by the state. During the completion acceptance, Party B shall provide the following documents to Party A ten days before the acceptance:
(1) Increase or decrease change documents and other negotiation records;
(2) concealed engineering acceptance records and intermediate completion acceptance records;
(3) After the completion of the project, the completion drawing shall be drawn, and the construction unit shall explain the minor changes in the project on the original construction drawing and submit them to the construction unit for filing. If the project changes greatly, the construction unit may draw it by itself or entrust the design unit and construction unit to draw the completion drawing.
7. After the completion and acceptance of a single project, Party B shall, within 15 days after the completion and acceptance, belong to a civil construction project and belong to an industrial construction project, and shall submit the completion settlement to Party A for review within 30 days after the completion and acceptance. Party A shall complete the examination within 15 days of civil construction and 20 days of industrial construction after receiving the completion settlement documents. If no objection is raised at the due date, the handling bank will examine and approve the appropriation.
8. After the project is completed and accepted, Party B shall be responsible for the warranty of the quality of civil works for one year (heating works are in the first heating period). During the warranty period, Party B shall be responsible for repairing the quality accidents such as roof leakage, pipeline leakage, air leakage and blockage caused by the responsibility of the construction unit (professional construction and installation works shall be handled according to the special regulations of relevant competent departments in the State Council). )
9. If Party A uses the project before acceptance or uses it without authorization, Party A shall be responsible for the quality or other problems arising therefrom.
Article 7 Liability for breach of contract and arbitration
1.Due to Party B's failure to complete the project according to the date stipulated in this contract, Party A shall be paid a penalty of one ten thousandth of the budgeted cost for each day overdue (calculated by the date of completion acceptance); If it is a contractor who does not include materials, it shall pay Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Party A and Party B shall not default on all kinds of payables under an excuse. If they fail to pay in time, they shall pay the other party the liquidated damages for overdue payment according to the short-term loan interest rate of the bank.
3. Where rationalization proposal award and early completion award are implemented, Party A and Party B shall enter into another agreement according to relevant policies.
4. When a contract dispute occurs in the construction and installation project contracting, both parties shall negotiate in time. If negotiation fails, either party may apply to the urban and rural construction committees at all levels or the superior business departments of both parties for mediation; If it can't be solved, it can be brought to the building or directly to the people's court.
Article 8 Supplementary Provisions
1.budget review procedures, the construction unit will send the construction and installation project contract (with construction drawing budget) to the municipal construction project contract budget review office for review. If verification is required, it can be conducted at the district or county administration for industry and commerce where the building is located.
2. Before the signing of this contract, the construction preparation contract (project agreement) signed by both parties can be used as an annex to this contract. Correspondence, fax, email, etc. confirmed by both parties will be an integral part of this contract and have the effect of this contract.
3 bidding project, according to the "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Other matters agreed by both parties.
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Party A (Employer): _ _ _ (Seal) Party B (Contractor): _ _ _ (Seal)
Project leader: _ _ _ _ (seal) Project leader: _ _ _ _ (seal)
Company address: _ _ _ _ _ _ _ Company address: _ _ _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _ Bank of deposit: _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _
Date of signing this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 9 Annex to the Contract
1.Project List
2. All construction drawings. (This is in the original contract)
3. Construction drawing budget. (The original contract and CCB have this attachment)
4. List of materials and equipment supplied by Party A..
5. Relevant agreements:
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6. Relevant supplementary contracts:
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Article 10 The number of contract copies and the validity period.
(1) This contract is made in _ _ _ _ _. Party A and Party B each hold one original and submit one copy to the competent business departments of both parties respectively; The remaining copies shall be sent by Party A to the handling bank and the district and county administration for industry and commerce where the building is located for the record.
(2) This contract shall come into effect as of the date of signing by both parties. It will become invalid after all the projects are completed and accepted and the final payment is settled.
Party A: _ _ _ _ Party B: _ _ _ _ _ _
Agent: _ _ _ _ Agent: _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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