Matters needing attention in construction contract of architectural decoration engineering
The contract should first indicate the employer and the contractor, commonly known as Party A and Party B, and then indicate the general situation of the project, including the location, name, construction scope, contracting method, such as whether the contractor is only responsible for construction, time limit for a project, the quality requirements that the project should meet, and the conditions that Party A should provide for Party B before Party B enters the site, such as vacating the house, removing obstacles, and handling construction-related procedures.
Second, a representative of Party A should be appointed. If it is a construction unit, it is necessary to designate a professional of this unit as the representative of Party A, and if it is a decorated family, it can be simpler. Party A's representative mainly supervises and checks the quality and progress of the project, and large-scale projects need supervision from the supervision company.
Third, it is necessary to clarify the rights and obligations of the construction party, mainly including drawing up the construction plan and progress plan and submitting it to Party A for approval, assigning representatives to perform the contract, organizing the construction according to the contract requirements, ensuring the project quality to be completed on schedule with good quality, strictly abiding by relevant laws and regulations, doing a good job in site safety, participating in the project acceptance, and strictly abiding by local management regulations.
Fourth, it is related to the agreed construction period. If Party A requests to complete the project ahead of schedule, it shall obtain Party B's consent and pay relevant expenses. If the project cannot be completed as scheduled due to Party A's factors or design factors, the construction period shall be postponed accordingly. If it is due to Party B's reasons, the construction period cannot be postponed.
The fifth is to stipulate the relevant contents of project quality and acceptance. The project shall conform to the relevant national standards and qualified standards. If Party A wants to achieve good quality, it shall pay relevant expenses to Party B. If the project quality is unqualified due to Party A's reasons, the rework expenses shall be borne by Party A. If the project quality is unqualified due to Party B's reasons, the rework expenses shall be borne by Party B. After the project is completed, Party A shall accept the project and go through relevant formalities.
In addition to the above contents, Party A and Party B should also make clear agreements on the amount of project price, settlement method, material supply, disputes and dispute handling, especially how to solve disputes must be indicated in the contract to avoid unnecessary troubles.
Model construction contract for building decoration engineering
Owner's representative (Party A): signature; Contractor's Representative (Party B): Signature.
ID number: ID number:
Tel: Tel:
According to the Contract Law of People's Republic of China (PRC), Measures for the Administration of Residential Interior Decoration and other relevant laws, both parties reached the following agreement through friendly negotiation.
1. Party A will hand over a suite located in Area X of City X to Party A for decoration, with a total area of 120 square meters. (Party A owns the property).
2. Before starting work, Party A shall inspect the furniture and other properties on the site and make disclosure to Party B, and take protective measures for the facilities that cannot be vacated, otherwise Party B will not be responsible for the damage or loss of finance.
3. Party A shall provide Party B with water, electricity, gas and other related facilities and explain matters needing attention, and coordinate with neighbors when using public facilities.
4. Party A is responsible for drawing the engineering drawings and explaining the specific requirements to Party B, otherwise the adverse consequences arising therefrom shall be borne by Party A. ..
5. Party B shall carry out the construction in strict accordance with the drawings and specific requirements provided by Party A, and shall not modify them without consent, otherwise all consequences will be borne by itself.
6. Party B shall abide by the indoor decoration management regulations and shall not pollute the environment or disturb the people.
7. Party B shall earnestly perform the contracts and treaties, and complete the tasks with good quality and quantity on time.
8. If there is any change in the construction process, Party A shall contact Party B in time to make the change, and the expenses arising therefrom shall be negotiated by both parties.
8. The total project cost is XX yuan, and there is no quality problem within one month after the project is completed. Party A shall pay in one lump sum.
If there are other terms that can be attached to the contract after consultation between the two parties, it is still valid.
Party A: (Signature) Seal Party B: (Signature) Seal.
Date of signature: year month day.
What are the common methods to solve the disputes over building decoration construction contracts?
Decoration disputes are generally relatively small, only a few hundred thousand or even less, but decoration disputes are always a headache. A good wish and the decoration company were unhappy, which led to a bad impression on the whole decoration. If you can handle decoration disputes privately, you must solve them privately. In private, if the two sides can't communicate, they usually take judicial channels. When going through the judicial process, the lawyer will ask the owner to carry out decoration evaluation. Evaluate the value of the decoration part completed at present. Evaluate the completion value of decoration. In this way, through a series of evidence such as contract and decoration value evaluation, lawyers are helping owners claim the value of rights.
1. Disputes caused by employers
The obligations of the employer mainly include: paying the project funds, providing the building materials and accessories agreed in the contract, and fulfilling the agreed assistance obligations. If the Employer fails to pay the project price as agreed, or the main building materials, building components and equipment provided do not meet the mandatory standards, or fails to perform the assistance obligations agreed in the contract, resulting in the contractor being unable to carry out the construction, and fails to perform the corresponding obligations within a reasonable period after being urged, the contractor shall request to terminate the construction contract of the construction project, and shall support it according to law.
2, the project completion date dispute
If there is any dispute over the completion date of the project, if the project passes the completion acceptance, the completion acceptance date shall be the completion date; If the contractor has submitted the completion acceptance report and the Employer delays the acceptance, the date when the contractor submits the acceptance report shall be the completion date; If the construction project is used by the employer without completion acceptance, the date of transfer of possession of the construction project shall be the completion date.
3. Disputes arising from project pricing standards or methods.
For such disputes, if there is an agreement, the agreement shall prevail. If there is no agreement, and no consensus can be reached through consultation, the project price shall be settled by referring to the pricing method or pricing standard promulgated by the local construction department when signing the contract.
The construction contract of architectural decoration engineering clearly stipulates the responsibilities and obligations of both parties to protect their legitimate rights and interests. In addition to understanding the contents of the construction contract of building decoration engineering, we should also consider the matters needing attention clearly. When signing the contract, we should consider all aspects. The above methods to solve disputes are also worth learning and thinking about! I hope the above introduction can help everyone.
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