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Is the supervision contract signed before the construction contract is concluded?
Not necessarily, but it is best to make sure before signing the construction contract. The validity period of the supervision contract is the responsibility period of the supervisor. It is not based on the agreed calendar days, but on whether the supervisor has completed the obligations including extra work and extra work. Usually it is from signing the supervision contract to the completion of the project and paying it to the supervision party.

Legal analysis

When to sign the supervision contract depends on the specific situation. Generally speaking, the supervision standard is the first move, and the construction standard is the last move. Because there are many requirements for construction bidding, a supervision contract may be signed first, and there are cases where the construction unit has decided on the supervision unit but has not yet decided. There is no mandatory provision in the law in this regard. This is something that both sides can agree on. Supervision contract refers to the agreement that the project construction unit hires the supervision unit to manage the project on its behalf and defines the rights and obligations of both parties. The construction unit is called the client and the supervision unit is called the trustee. After the supervision contract is signed, the chief supervision engineer is generally appointed within 7 days. However, it is better to make sure before signing the construction contract, because there are clear supervision engineer clauses in the construction contract, and it is better to require the supervision unit to participate in the selection of the construction unit, which may be better. Of course, it is not a big problem that the supervision contract and the construction contract are even signed at the same time after the construction contract, but the supervision contract must be signed and put into work before the start of construction, otherwise it will be troublesome to handle the construction procedures such as construction permit.

legal ground

People's Republic of China (PRC) Civil Code

The contents of a contract are agreed upon by the parties, and generally include the following terms: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract by referring to the model texts of various contracts.

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.