Employer (Party A): Signature? Construction Team (Party B): Signature
Id number:? ID number:
Telephone:? Contact telephone number:
Through friendly negotiation, both parties reached the following agreement on XX construction project:
1.a building in x city is now handed over to party b for completion, with a total construction area of XXX ordinary meters.
2. All projects begin with X and end with X, and the total period is X years. If it is postponed due to special reasons, it can be postponed upon mutual agreement and reported to relevant departments for the record.
3. Materials and equipment required for the project shall be purchased by Party B, and all expenses including water, electricity and other related expenses shall be borne by Party A. ..
4. Before purchasing and using the complete set of equipment, Party B must pass the inspection before putting it into use. If the quality is unqualified, Party B shall be responsible for the losses caused.
5. For the engineering drawings provided by Party A, Party B shall strictly follow the requirements, and shall not arbitrarily change the design, otherwise all consequences shall be borne by Party B.
6. During the construction period, Party A shall notify Party B of the unqualified places in written form for modification, and make modification after negotiation.
7. Party B shall notify Party A of the preliminary inspection five days before the completion of the project. After the project is completed, all expenses shall be paid in one lump sum within 3 months after Party A accepts that there are no quality and safety problems.
8. After the completion of the project, Party B guarantees that the project will not be damaged by human beings within one year and will not charge any fees.
With the consent of both parties, if other clauses are attached to this contract, they have the same effect.
Party A: (signature) and seal? Party B: (signature) and seal.
Date of signature: year month day.
Matters needing attention in the construction contract:
First, the main body of the construction project contract
1, the employer should pay attention to the contractor's qualification when signing the construction project contract. Because a project is of great importance, it is not only related to the loss of property, but also related to the life safety of project users. The selection of contract parties in a construction project contract is very important, and the main body of a construction project contract should be considered from the following aspects:
(1) Qualification ability, whether it is qualified to engage in construction projects;
(2) construction ability;
(3) Financial status, the financial status of the contractor;
(4) the contractor's talent and technical form;
(5) The social reputation of the contractor;
Note: the contractor's secondary company and the engineering department cannot sign contracts with others.
2, more attention should be paid to the contractor's subject qualification and performance ability.
3, the main body of the contract signature and seal should be consistent with the employer and the contractor.
Second, the construction project contracting and subcontracting
In the form of contract signing, there are two specific forms: general contracting and subcontracting. It consists of three projects: survey, design and construction. You can contract a unit to sign a general contract, and then the general contractor can sign a subcontract with other units. Each subcontractor is fully responsible for the general contractor in terms of survey, design, construction progress, quality and project cost. According to the provisions of the contract law, the employer may conclude a construction project contract with the general contractor, or conclude a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and contract it to several contractors.
Three, the main terms of the construction contract
The main terms of the contract, that is, the main content and core of the contract, determine the rights and obligations of both parties. It is not only the guarantee for the smooth performance of the contract, but also the basis for resolving contract disputes. This point must be explained in detail and clearly.
1, on supervision
It is of great significance to implement supervision system in engineering construction to ensure engineering quality. The "Contract Law" specifically stipulates that if the construction project is supervised, the employer shall conclude an entrusted supervision contract with the supervisor in writing. The rights, obligations and legal responsibilities of the Employer and the Supervisor shall comply with the Contract Law and other relevant laws (such as the Construction Law) and administrative regulations.
2. About the construction period
(1), clear the site before the commencement date.
(2), the completion date needs to be clear.
3, the contract price should pay attention to:
(1), the "contract price" in Article 5 of this Agreement shall be filled in according to Article 1 1 of DecreeNo.. Ministry of Construction 107, the contract price of non-tender projects is agreed by the employer and the contractor in the agreement according to the project budget. "
(2) The contract price is the terms agreed by both parties, which need to be agreed for the first time and confirmed for the second time.
Temporary pricing, temporary valuation and estimated price cannot be regarded as the contract price, and uncertain expenses cannot be regarded as the contract price.
4, the employer and the contractor should pay attention to the terms of work:
(1), the specific time of each party's work should be filled in accurately.
(2) Fill in the specific contents and requirements of the work done by both parties in detail.
(3) The scope, specific responsibilities and calculation method of compensation for each other's losses when both parties fail to complete relevant work as agreed shall be clearly filled in.
5. Make detailed provisions on the project schedule appropriation and completion settlement procedures.
In general, the project progress payment is paid monthly or allocated according to the project progress. However, how to apply for funds, what documents should be submitted, how to check and confirm the amount of funds, and how to deal with the progress payment when the two sides have different understandings, often lack detailed contract terms, which causes controversy and affects the project construction. The provisions of the general contracting contract on completion settlement procedures are also rough, which is not conducive to operation. Therefore, the contract should pay special attention to the procedures of appropriation and settlement.
6, the contract price and adjustment terms should be paid attention to:
When filling in the contract price and adjustment in Article 23, it shall be agreed to write one of the three methods listed in the General Conditions: fixed price, adjustable price and cost plus remuneration into this clause.
Precautions:
(1), the fixed price should pay attention to the types of guaranteed prices. For example, guarantee the total price, guarantee the unit price, or guarantee part of the total price to avoid disputes during the performance.
(2) When a fixed price is adopted, the risk scope must be clearly defined.
(3) The calculation method of risk cost should be clearly defined. Both parties should agree on a percentage factor or adopt the absolute value method.
(4) For the risk expenses beyond the risk scope, the adjustment method shall be agreed.
7, engineering advance payment should pay attention to the terms:
(1), Article 24 is filled in according to the order of the Ministry of Construction 107.
(2), fill in the agreed amount of advance payment for the project should be calculated in combination with the project payment, construction period and contractor.
(3), should accurately fill in the employer to the contractor's specific time or relative time.
(4), should fill in the agreed project payment time and proportion.
8, the terms of the progress payment should be paid attention to:
(1). The basis for filling in Article 26 is Article 286 of the Contract Law, Article 18 of the Building Law and Article 15 of the Ministry of Construction.
(2) The appropriation of the project progress payment shall be calculated on the basis of the completed quantities, corresponding unit prices and relevant valuation basis confirmed by the Employer's representative.
(3) The payment time and method of the project progress payment can be selected according to the image progress: monthly settlement, subsection settlement, one-time settlement after completion (secondary project) and other settlement methods.
9, materials and equipment supply terms should pay attention to:
(1). When filling in Articles 27 and 28, the specific content, variety, specification, quantity, unit price, quality grade, time and place of materials and equipment supply shall be filled in in detail.
(2) stipulate the specific responsibilities of suppliers.
(3) Both parties shall agree on the settlement method for the supply of materials and equipment (pre-settlement, current settlement, post-settlement or other methods can be selected).
10, the breach clause should pay attention to:
(1), in clause 35. 1 of the contract, first stipulate the specific responsibilities of the employer for violating Article 24 (advance payment), Article 26 (progress payment) and Article 33 (completion settlement) of the General Conditions.
(2) In Clause 35.2 of the contract, it is stipulated that the contractor shall bear the specific liability for breach of contract in violation of Clause 2 of General Conditions 14 and Clause 15.
(3) Other liabilities for breach of contract shall also be agreed.
(4) Agree on the specific amount and calculation method of liquidated damages and compensation. The more specific, the better, and the operability is strong to prevent disputes afterwards.
1 1, disputes and subcontracting terms should pay attention to:
(1). Both parties shall reach an agreement on the choice of arbitration or litigation as the dispute settlement method in Article 37.
(2) If arbitration is chosen, the parties can choose the arbitration institution independently. Arbitration is not limited by regional jurisdiction.
(3) If the mode of litigation is chosen, the people's court with jurisdiction shall be chosen (the litigation is territorial jurisdiction).
(4) Article 38 of the Contract: Subcontracting projects must be approved by the Employer, and subcontractors are prohibited from subcontracting contracted projects.
12, on the validity of the contract
Both parties to this contract agree that "it will take effect after being sealed by both parties".
Function: Don't write "effective after both parties sign and seal" or "effective after both parties sign and seal" to avoid the possibility of invalid contract.
13. Fill in "We" at the place where the contract is concluded.
Role: In case of disputes in the future, the court where the company is located has litigation jurisdiction.
14. Regarding supplementary clauses:
(1). If new clauses need to be supplemented or which clauses need to be refined, supplemented or modified, they can be supplemented in the supplementary clauses as far as possible, and the supplementary clauses are arranged in order, such as articles 49 and 50.
(2) The supplementary terms must conform to the national and current laws and regulations, and the relevant written agreement signed separately shall be consistent with the spirit of the main contract. It is necessary to put an end to the "yin-yang contract".
Editor: This is a simple model construction contract. No matter what form of cooperation, it needs to be limited by signing a contract. Therefore, it is also very important to conclude a contract. I hope the above model contract can be used for your reference.