With the popularization of legal knowledge, people use contracts more and more, which can urge both parties to exercise their rights correctly and strictly perform their obligations. So what problems should we pay attention to when drawing up the contract? The following is a sample (5 selected) of the general contracting contract I compiled, for reference only, and you are welcome to read it.
1 EPC contract owner (full name):
Contractor (full name):
According to the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness, honesty and credibility, both parties to the contract reached an agreement on the general contracting of the project.
I. Overview of the Project
Project name:
Project approval, approval or record number:
Project content and scale:
Detailed address of the province and city where the project is located:
Scope of project contracting:
Second, the project main production technology (or architectural design) source:
Third, the main date:
Design start date (absolute date or relative date):
Commencement date (absolute date or relative date):
Project completion date (absolute date or relative date):
Fourth, the engineering quality standards
Engineering design quality standard:
Engineering construction quality standard:
Verb (abbreviation of verb) contract price and payment currency
The contract price is RMB (in words): Yuan (in figures: Yuan). See the itemized table of contract price list for details. The contract price shall not be adjusted except for the amount that needs to be increased or decreased during the project implementation as agreed in the contract.
Definition and explanation of intransitive verb
The meanings of related words in this agreement are the same as those given in the General Conditions of Contract.
Seven. Entry into force of contract
Employer:
Contractor:
Date of signing:
Employer of EPC Contract 2: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
Following the principles of equality, voluntariness, fairness, honesty and credit, and in accordance with the provisions of the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, the Employer and the Contractor have reached an agreement on the general contracting task of the construction and installation project of XXXXXXX building and underground garage, and hereby conclude this contract.
I. Overview of the Project
Project name:
Project location:
Project scale:
Project approval number:
Second, the project content:
The main works within the scope of this contract include, but are not limited to: foundation works, main structure, maintenance structure, roofing works, waterproof works, stair railings, ground works, indoor primary decoration works, outdoor decoration works, flue works, indoor and outdoor water supply, drainage, electrical installation, lightning protection and grounding, embedded fire fighting and outdoor road pipe network and road works (subject to the scope defined in the attached drawings), and environmental ancillary works (environmental retaining wall, structure, etc.
Three. Scope of project contracting:
1. The contractor's contracting scope in this contract includes, but is not limited to, a complete set of construction design drawings and descriptions of XX building and underground garage, construction drawing review report, minutes of joint review of drawings, technical disclosure, design change increase, etc., as well as the contents specified in the bidding documents of this project. The contractor's main project contracting scope includes:
(1) All the project contents within the scope of the full set of construction drawings of XX building and underground garage.
(2) The external wall thermal insulation project and external wall coating project of this project belong to the contractor's contracting scope.
(3) Road, environmental pipe network, cable trench project and other work assigned by Party A within the scope of this project. ..
2. The support, cooperation and management of all subcontracted projects involved in this project belong to the contract scope of the contractor; In addition to completing the work of reserving, burying, filling holes, filling ash and filling bricks for all subcontracted projects according to the contract requirements, the contractor should also fully support, coordinate and cooperate with the general contractor management work such as water and electricity, scaffolding, vertical transportation and construction site. (except the hanging basket used by subcontractors) required for subcontracting the project as required.
Fourth, the term of the contract.
1. Commencement date: March 20 12 18 (the specific commencement date is subject to the commencement order issued by the supervisor). The contractor shall complete the pre-construction preparations such as site temporary facilities before 20 12.
2. Completion date: July 20 17 13 (the specific time is adjusted according to the issued commencement order and the total construction period), and all the engineering projects and work contents within the contract scope are completed.
3. Completion date: before August 20 13 (the specific time will be adjusted according to the issued commencement order and total construction period), and the project (including outdoor environment, roads and subcontracted projects by the employer) will be handed over to the employer.
4. Meet the customer's opening node construction period: before July 20 12 17, complete the main structure and underground garage of XX Building 15 (except for the reasons of Party A).
5. The total duration of this contract is 485 calendar days; The commencement and completion dates of each unit's project and the time limit requirements when it reaches the sales state, as well as the time limit requirements of each sub-project node and sub-project node, are shown in Annex 1 of this contract.
Verb (abbreviation of verb) quality standard
The acceptance criteria for the project within the scope of this contract are the Unified Standard for Acceptance of Construction Quality of Building Projects (GB50300-200 1) and the acceptance specifications of various professional projects, and the project quality must be accepted at one time.
Contract price of intransitive verbs
Estimation of total contract price:
XX building and underground garage project (according to the fixed budget agreed in the supplementary agreement to this contract) adopts the contract budget price, * * which is RMB thirty-six million six hundred and twenty-nine thousand six hundred and fifty-one Yuan only, that is, RMB 3,662,9651Yuan (including the increase fee for safe and civilized construction: RMB 278,665 Yuan, RMB 278,665.5 Yuan). 985.85 yuan per square meter.
VII. Composition of Contract Documents
1. Invitation to bid for this contract and related materials.
2. Letter of Commitment for Bidding
3, the bid-winning notice
4. The provisions of this contract
5. General terms and conditions of this contract
6. Special terms and conditions of this contract
7. Supplementary clauses of this contract
8. Annexes to this contract 1 to 15 (Supplementary Agreement 1 to 15)
9, negotiate changes and other minutes, clear the rights and obligations of both parties.
10, drawing
1 1. Laws, regulations, standards, specifications and administrative documents agreed in the special terms and conditions of this contract.
Eight. The meanings of related words in this agreement are the same as those given to them in the General Conditions in Part II of this contract.
Nine, the contractor promises to the employer to carry out the construction and completion in strict accordance with the contract, and undertake the project quality warranty responsibility during the quality warranty period.
10. The Employer promises to the Contractor to pay the contract price and other payables according to the time limit and method agreed in the contract.
XI。 Entry into force of contract
Both parties agreed that the contractor would pay a performance bond of 3.72 million yuan, and the contract would come into effect after both parties signed it.
This contract shall come into effect after the representatives of the employer and the contractor sign and affix the official seal of the company as a legal person and all the attachments come into effect.
Twelve. others
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Date of signing:
Project General Contracting 3 Party A:
Party B:
In order to clarify the rights and obligations of both parties, this contract is signed by both parties through consultation in accordance with the relevant provisions of People's Republic of China (PRC) Contract Law for strict performance.
1. Party A recommends Party B to engage in relevant civil works on the existing land of Hubei Zhongxiang Science and Technology Innovation Service Co., Ltd. and provide relevant services to Party B, and Party B pays a certain service fee to Party A. ..
2. If Party B directly signs a contract with Hubei Zhongxiang Science and Technology Innovation Service Co., Ltd. with the consent of Party A, Party A will not be responsible for the payment of the quality, construction period, safety accidents, taxes, wages, materials and other funds of the project.
Three. Party B shall pay Party A the service fee of 65,438+0% of the final settlement amount for the relevant civil works on the existing land of Hubei Zhongxiang Science and Technology Innovation Service Co., Ltd.
Four. Party B guarantees that, except for steel, materials related to civil engineering on the existing land of Hubei Zhongxiang Science and Technology Innovation Service Co., Ltd. shall be supplied by Party A, and the price shall follow the market. The specific requirements shall be subject to the supply contract, and Party B shall not purchase materials from a third party when it fails to settle the payment for materials supply according to the specific contract.
5. Party A is responsible for coordinating the relationship between Party B and relevant construction departments in the project area, and organizing project acceptance and filing according to the requirements of the owner.
6. Party A collects the service fee according to Party B's progress, and Party A can collect it from Party A on the basis of Party B's payment notice and receipt. When Party B signs and seals this contract, it shall be deemed as authorizing Hubei Zhongxiang Science and Technology Entrepreneurship Service Co., Ltd. to deduct money from the progress payment.
Seven. Where Party B's legal responsibilities in project contracting involve Party A or Party A or Party A's advance payment, Party A has the right to claim compensation from Party B, and Party B guarantees to pay Party A in place in time. If the payment is overdue, Party A shall pay Party B the loss of capital occupation and the travel expenses, attorney fees and legal fees for realizing the creditor's rights at the rate of seven ten thousandths of the overdue payment per day.
Eight, Party B's obligations in this contract, Party B requires (citizen ID number) to provide joint guarantee.
Nine. In case of any dispute arising from this contract, both parties shall settle it through negotiation in time. If negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
X this contract is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties. It will become invalid after all the projects are completed and accepted and all the money is settled.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Date of signing:
Project General Contracting 4 Employer:
Contractor:
In order to clarify the rights and obligations of both parties, this contract is signed by both parties through consultation in accordance with the relevant provisions of People's Republic of China (PRC) Contract Law and People's Republic of China (PRC) Construction Law for strict performance.
1. In principle, Party A shall contract out all civil works that Party B is qualified to build on the existing land to Party B, including but not limited to factory buildings, office buildings, dormitory buildings, commercial houses, canteens, guest houses (hotels), garages, squares, roads, fences, various pipe networks, water supply and drainage, greening, etc. For high-rise buildings with more than 30 floors, Party B is responsible for contacting the contractor to sign a contract with Party A for construction.
2. Party A has the right to require Party B to subcontract two thirds of all the civil engineering quantities contracted for construction on the existing land to Party B, or directly contract with the qualified construction unit designated by Party A after Party B agrees. Party B shall not bear the obligation to pay for the quality, construction period, safety accidents, taxes, wages and materials of the subcontracted project; With the consent of Party B, if Party A directly signs a contract with a qualified construction unit designated by Party A, Party B will not bear the obligation to pay for the quality, construction period, safety accidents, taxes, wages and materials of the project.
3. Party B shall assist in handling relevant formalities and provide coordination services for all civil works that Party B is qualified to undertake on Party A's existing land. Whether contracted by Party B or not, Party A shall ensure that the contractor (subcontractor) pays Party B a service fee of 65,438+0% according to the final engineering quantity; Party A shall ensure that all civil engineering materials on the existing land are supplied by Party B, except steel, and the price shall be settled in the market. The above terms shall be included in the contract with the contractor (subcontractor), or the contractor (subcontractor) shall make a written commitment to Party B. ..
4. In principle, the project cost is determined according to the consumption quota of building decoration in Hubei Province in 2008, the consumption quota of installation project in Hubei Province in 2008 and the project cost information of Zhongxiang City in the same period. The downward floating ratio of each single project shall be specifically negotiated by both parties. During the construction period, when the prices of main materials such as commodity mixture, steel and cement increase or decrease by 10%, the project cost settlement will be adjusted accordingly.
Verb (abbreviation of verb) construction period: each single project shall be implemented according to the construction period confirmed by both parties in writing.
6. Party B is responsible for coordinating the relationship between the contractor (subcontractor) and the competent construction department where the project is located, and organizing the acceptance and filing of the project according to Party A's requirements. ..
Seven. clearing form
1. The payment method for the project contracted and directly constructed by Party B: according to the provisions of the single project contract.
2. After contracting, according to Party A's opinion, the project payment settlement method of Party B's subcontracted projects: Party A and subcontractors directly settle the project payment.
3. Except for contracted and direct construction projects, the payment and settlement method of materials supplied by Party B: Party B has the right to collect money from Party A on the basis of payment notices and receipts from subcontractors and contractors.
4. The service fee for Party B's assistance in this project shall be paid to Party B by the subcontractor (contractor) within 30 days from the date of signing the single project contract according to 1% of the budgeted cost. If the final project cost increases or decreases, and the service fee is refunded more and replenished less, Party B will charge Party A with the payment notice and receipt from the subcontractor (contractor).
Eight. Party A shall be responsible for all kinds of payments made by all parties to Party B as agreed in this contract, and shall be jointly and severally liable. Party A guarantees that all payments made to Party B by the parties agreed in this contract are in place in time. If the payment is overdue, Party A shall pay Party B the loss of capital occupation and the travel expenses, attorney fees and legal fees for realizing the creditor's rights at the rate of seven ten thousandths of the overdue payment per day.
Nine. In case of any dispute arising from this contract, both parties shall settle it through negotiation in time. If negotiation fails, either party may bring a lawsuit to the people's court for settlement.
X. The specific construction project contract and related agreements constitute an integral part of this contract.
XI。 This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect as of the date of signature by both parties. It will become invalid after all projects are completed and accepted and the final payment is settled.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Date of signing:
The employer of EPC Contract 5: _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Construction contractor: _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness and good faith, both parties reach an agreement on the construction of this construction project and conclude this contract.
I. Overview of the Project
1, project name:
2. Project location:
3, the scope of the project:
3. 1 Within the contracted scope of this project, Party A has the right to change the quantities within the contracted scope according to the actual situation (notice in advance). Note: If the contract cost changes due to the change of engineering quantity, the project progress payment will increase or decrease accordingly.
4. Building structure: frame-shear structure.
5. Contract form: the contract form for contracting the project, materials, construction period, quality and construction safety.
Second, the contract period
1, the total construction period is _ _ _ calendar days (including the installation period of materials provided by Party A), and the commencement date is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. If the construction period is delayed due to reasons other than Party A's (except force majeure), a total of _ _ _ days will be fined _ _ _ yuan/day, and if it exceeds _ _ _ days, a fine of _ _ _ yuan/day will be imposed.
Third, the calculation method of contract project cost and project settlement cost
1. The total contract price of this project is RMB, in words _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. If there is any increase or decrease, it shall be converted according to the contract price, and a contact list confirmed by both parties shall be issued.
3. The above total price has included the rates of the following items: labor insurance premium, taxes and other rates.
Four. Payment method of project progress payment
When Party A pays the project payment, Party B must provide a legal tax invoice, otherwise Party A has the right to postpone the payment of the project payment.
Verb (abbreviation of verb) project quality and acceptance agreement
1. If fake brands and other fake materials and accessories are used in the project, they shall be reworked (replaced) after verification.
2. The materials needed for the project shall be purchased by the construction unit. The materials purchased by the construction unit must have quality guarantee and certificate of conformity, and meet the requirements of construction drawings and specifications, as well as the requirements of the construction unit and design.
An intransitive verb warranty agreement
The free warranty period of this project is years from the date of completion acceptance. During the annual warranty period, if the project quality problems are not caused by Party A, Party B shall repair them according to the following agreed time after receiving the notice from Party A. ..
Seven. Responsibility of both parties
1. Party A's responsibilities
1. 1 Site Manager of Party A
1.3 Assist in coordinating matters such as water and electricity connection required for Party B's construction approach.
1.4 timely coordinate the relationship between Party B and various professional construction units on the construction site, and provide convenient construction conditions and environment.
1.5 After receiving Party B's application report, organize each working procedure and completion acceptance in time, and sign the acceptance conclusion.
1.6 pay the corresponding project progress payment according to this contract.
1.72. Party B's responsibilities
2. 1 Site Manager of Party B
2.2 Party B must strictly abide by the operating rules for safe and civilized construction and improve the safety construction measures. The construction site must reach the district-level standard chemical construction site, and the construction unit shall bear the cost of construction waste removal (the construction site waste will be removed on the same day).
2.3 In case of any safety accident during construction, all expenses shall be borne by Party B, which has nothing to do with Party A. ..
2.4 Party B has the responsibility and obligation to put forward suggestions in advance when there is any unreasonable or objection to the construction drawings provided by Party A during the coordinated construction of various projects, so as to reduce unnecessary rework and losses. If it is really due to the thoughtlessness of Party B's unit in the construction and the unpredictable written reminder to the owner, resulting in the loss of supporting projects or Party A's rework, Party B needs to bear the corresponding loss expenses.
2.5 After the completion of the project, Party B shall clean up the site (including the demolition of building materials, garbage and temporary facilities for production and living), and do all sanitary work within the contracted scope of the construction project (cleaning doors, windows, glass, floor and sanitary ware), and bear relevant expenses.
2.6 Before Party B's project is completed and handed over to Party A, Party B must do a good job in protecting the finished products. If there is any damage during the protection period, Party B shall promptly repair and compensate.
Eight. supplementary terms
1. This contract is made in duplicate, with each party holding one copy.
2. This contract will be automatically terminated after the performance.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Date of signing:
;