The construction contract refers to the terms and conditions of a certain construction project, which are established through friendly negotiation between the construction unit (that is, the employer) and the construction team (that is, the contractor). The contract includes the cost, duration and quality of the construction project. The contract is based on the principle of friendly cooperation and mutual benefit. The purpose of signing the contract is to clarify the responsibilities and obligations of both parties and avoid some unnecessary disputes and troubles in the process of cooperation. Once the contract is signed, it has a legal effect, and no one can violate it. Below, Tuba Rabbit Xiaobian will provide you with a model construction contract for your reference.
employer (party a): signature? Construction team (Party B): signature
ID number:? Id number:
Tel:? Tel:
Both parties have reached the following agreement on the construction of a building project in XX through friendly negotiation:
1. A building in X city and X place is now handed over to Party B for completion, with a total construction area of XXX ordinary meters.
2. All projects start on X, X, and end on X, X, with a total period of X years. If it is delayed due to special reasons, it can be postponed by mutual agreement and submitted to relevant departments for filing.
3. The materials and equipment required during 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 the complete set of equipment is purchased and used, it needs to be handed over to Party B for inspection before it can be put 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 change the design at will, otherwise all the consequences shall be borne by Party B.
6. During the construction period, Party A shall inform Party B in writing of the unqualified places so as to make changes, and make changes after consultation.
7. Party B will notify Party A to carry out preliminary inspection five days before completion, and all expenses will be paid in one lump sum within three months after completion and acceptance by Party A without quality and safety problems.
8. after the project is completed, party b shall carry out the non-artificial damage warranty for the project within one year without charging any fees.
if other terms are attached to the contract after both parties agree, they are equally valid.
party a: (signature) and seal? Party b: (signature) and seal
date of signing: x year x month x day
matters needing attention in construction contract:
1. main body of construction project contract
1. The employer should pay close attention to the qualifications of the contractor 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 to the life safety of the project users. The choice of the parties to the contract is very important in the construction project contract. The following aspects should be considered when choosing the main body of the construction project contract:
(1) Qualification ability, whether it is qualified to engage in construction projects;
(2) construction ability;
(3) financial situation, the contractor's financial situation;
(4) the contractor's talent technical description;
(5) the social reputation of the contractor;
note: the contractor's secondary company and the engineering department cannot sign contracts with other parties.
2. More attention should be paid to the subject qualification and performance ability of the contractor.
3. The subject of contract signature and seal shall be consistent with that of the employer and the contractor.
2. General contracting and subcontracting of construction projects
In the form of signing contracts, there are two specific forms: general contracting and subcontracting. It consists of three projects: survey, design and construction. One unit can be contracted 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.
III. Main clauses of the construction project contract
The main clauses of the contract, namely the main contents 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 disputes in contract disputes. This must be specified in detail and clearly.
1. About supervision
It is of great significance to ensure the quality of the project to implement the supervision system. The "Contract Law" specifically stipulates that if the construction project is supervised, the employer shall conclude an entrusted supervision contract with the supervisor in written form. The rights, obligations and legal responsibilities of the employer and the supervisor shall be in accordance with the Contract Law and other relevant laws (such as the Construction Law) and administrative regulations.
2, about the time limit for a project
(1), clear before the commencement date.
(2), the completion date needs to be clear.
3. Attention should be paid to the contract price:
(1) The "Contract Price" in Article 5 of the Agreement shall be filled in accordance with Article 11 of Decree No.17 of the Ministry of Construction, and the contract price for non-tendering projects shall be 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 requires the first agreement and the second confirmation.
provisional pricing, provisional valuation and estimated price cannot be regarded as the contract price, and the uncertain construction cost cannot be regarded as the contract price.
4. Attention should be paid to the terms of the employer's work and the contractor's work:
(1) The specific time of each party's work should be filled in accurately.
(2) The specific contents and requirements of the work done by both parties shall be filled in in detail.
(3) The scope, specific responsibilities and calculation method of compensation for each other's losses if both parties fail to complete the relevant work as agreed should be clearly filled in.
5. Make detailed provisions on project progress appropriation and completion settlement procedures.
In general, the project progress payment is paid monthly or according to the progress of the project. 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 it when the two sides have different understanding of the progress amount are often lack of detailed contract provisions, which often causes disputes and affects the project construction. The provisions of the general contract on the completion settlement procedure are also rough, which is unfavorable for operation. Therefore, the contract should pay special attention to the procedures of appropriation and settlement.
6. Attention should be paid to the contract price and adjustment clauses:
When filling in the contract price and adjustment of Article 23, one of the three methods listed in the General Conditions should be agreed to be written into this paragraph.
Precautions:
(1) When adopting a fixed price, we should pay attention to defining the types of guaranteed prices. For example, the total price is guaranteed, the unit price is guaranteed, or part of the total price is guaranteed to avoid disputes during the performance.
(2) The scope of risk must be clearly defined when a fixed price is adopted.
(3) The calculation method of risk expenses should be clearly stipulated. Both parties shall agree on a percentage coefficient, or adopt the absolute value method.
(4) For the risk expenses beyond the risk scope, the adjustment method shall be agreed.
7. Attention should be paid to the advance payment clauses of the project:
(1) The basis for filling in Clause 24 is Decree No.17 of the Ministry of Construction.
(2), fill in the agreed amount of advance payment for the project, and calculate it in combination with the project payment, construction period and materials contracting.
(3), should accurately fill in the specific time or relative time of the employer to the contractor.
(4), should fill in the agreed time and proportion of the project payment.
8. Attention should be paid to the terms of the project progress payment:
(1) The basis for filling in Article 26 is Article 286 of the Contract Law, Article 18 of the Construction Law and Article 15 of the Ministry of Construction No.17
(2). The disbursement of the project progress payment should be calculated on the basis of the completed project quantity, corresponding unit price and relevant pricing basis confirmed by the employer's representative.
(3) The payment time and payment method of the project progress payment can be selected according to the image progress: monthly settlement, settlement by stages, one-time settlement after completion (minor works) and other settlement methods.
9. Attention should be paid to the terms of materials and equipment supply:
(1) When filling in the terms of 27 and 28, the specific content, variety, specification, quantity, unit price, quality grade, time and place of supply of materials and equipment should be filled in in detail.
(2) The specific responsibilities of the supplier shall be agreed.
(3) Both parties shall agree on the settlement method for the supplied materials and equipment (pre-settlement method, current settlement method, post-settlement method or other methods can be selected).
1. Attention should be paid to the clauses of breach of contract:
(1) In Clause 35.1 of the contract, the specific liability for breach of contract that the employer shall bear for the breach of Article 24 (advance payment), Article 26 (progress payment) and Article 33 (completion settlement) of the General Conditions should be stipulated first.
(2) in clause 35.2 of the contract, the specific liability of the contractor for breach of clause 14.2 and clause 15.1 of the General Conditions shall be stipulated.
(3) Other liabilities for breach of contract shall also be agreed.
(4) The specific amount and calculation method of liquidated damages and compensation should be agreed, and the more specific, the better, and operable to prevent disputes afterwards.
11. Attention should be paid to disputes and subcontracting clauses:
(1) Fill in Clause 37. Both parties should reach an agreement on whether to choose arbitration or litigation as the way to solve disputes.
(2) If arbitration is selected, the parties can choose the arbitration institution independently. Arbitration is not limited by regional jurisdiction.
(3) If the mode of litigation is selected, the people's court with jurisdiction shall be selected (the litigation is territorial jurisdiction).
(4) The subcontracted project in Article 38 of the contract must be approved by the Employer, and the subcontracting unit is prohibited from subcontracting the contracted project.
12. regarding the effectiveness of the contract
both parties to this contract agree that "the contract will take effect after being sealed by both parties".
function: don't write "it takes effect after both parties sign and seal the contract" or "it takes effect after both parties sign and seal the contract" to avoid the possibility that the contract is invalid.
13. Fill in "Our Party" 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. Supplementary clauses:
(1) New clauses or clauses that need to be supplemented, and which clauses need to be refined, supplemented or modified, can be supplemented as much as possible in the Supplementary Clauses, and arranged in order, such as 49 and 5.
(2) The supplementary terms must conform to the national and current laws and regulations, and the relevant written agreement signed separately should be consistent with the spirit of the main contract. It is necessary to put an end to the "yin-yang contract".
After editing: This is a simple model construction contract. No matter what form of cooperation, it needs to be restricted 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.
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