General model of construction contract for the hot

Construction project construction contract (general) model

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construction project construction contract conditions

I. the meaning of words and expressions and the meaning of words and expressions in Article 1 of the contract document

. The text of the construction contract of the construction project consists of the construction contract conditions of the construction project (hereinafter referred to as the contract conditions) and the construction contract agreement terms of the construction project (hereinafter referred to as the agreement terms). Unless otherwise agreed in the terms of the agreement, the terms and expressions shall have the meaning given in this article:

1. Employer (hereinafter referred to as Party A): the party agreed in the terms of the agreement who has the qualification of the employer and the ability to pay the project price

2. Party A's on-site representative (hereinafter referred to as Party A's representative): the representative designated by Party A in the terms of the agreement

3. Contractor (hereinafter referred to as Party B): the party who has the qualification of contracting subject and is accepted by the employer as agreed in the terms of the agreement

4. Party B's on-site representative (hereinafter referred to as Party B's representative): the representative designated by Party B in the terms of the agreement

5. Social supervision: Party A entrusts a legally qualified project supervision unit or personnel to supervise the project

6. chief supervision engineer: the chief supervisor appointed by the project supervision unit

7. Design unit: the design unit with corresponding qualification level entrusted by Party A

8. project cost management department: relevant departments of the State Council, construction administrative departments at all levels or their authorized project cost management departments

9. engineering quality supervision department: relevant departments of the State Council, construction administrative departments at all levels or their authorized engineering quality supervision institutions

10. project: permanent project with specific contents as agreed in the terms of the agreement. The total growth rate of all kinds of transmissions is about 7%

11. Contract price: calculated according to the relevant provisions or various charging standards agreed in the terms of the agreement, it is used to pay the total price for Party B to complete the project content in accordance with the requirements of the contract

12. economic expenditure: the contract price that has occurred in the construction and is paid in the form of increased budget after confirmation by Party A

13. expenses: the expenses that Party A needs to pay directly in addition to the contract price and the expenses that Party B should bear

14. duration: the contract duration agreed in the terms of the agreement

15. commencement date: the commencement date of the project agreed in the terms of the agreement

16. completion date: the project completion date agreed in the agreement

17. drawings: all drawings (including supporting instructions and relevant materials) provided by Party A or Party B and approved by Party A's representative for construction by Party B

18. construction site: the site specified in the general layout of the construction site in the construction organization design or construction scheme approved by Party A

19. written form: various notices, appointments, commissions, certificates, visas, memoranda, minutes of meetings, letters, confirmed telegrams, telexes, etc. according to the contract, such as handwriting, typing, copying and printing

20. force majeure 2. Performance characteristics resistance: refers to natural disasters that cause damage to the project due to war, unrest, falling of flying objects in the air or other explosions and fires not caused by Party A and Party B, as well as wind, rain, snow, earthquake and other natural disasters above the level agreed in the terms of the agreement

21. terms of the agreement: a written agreement signed after negotiation between Party A and Party B in combination with the specific project

Article 2 contract documents and interpretation order. The contract documents shall be able to interpret and explain each other. Unless otherwise agreed in the contract, its composition and interpretation order are as follows:

1. Terms of the agreement

2. contract conditions

3. Negotiation, change and other minutes and agreements that clarify the rights and obligations of both parties

4. The tender notice, tender document and tender document will still be daunting in the bidding contract project

5. Bill of quantities or project budget and drawings to determine the project cost

6. standards, specifications and other relevant technical data and technical requirements

when there is ambiguity or inconsistency in the contract documents, it shall be solved by both parties through negotiation without affecting the progress of the project and under the condition of continuous development, utilization and innovation (if social supervision is implemented, it can be explained by the chief supervision engineer first); If the two parties still cannot agree, it shall be interpreted according to the method agreed in Article 30

Article 3 language, standards and applicable laws used in contract documents. The contract documents shall be written, interpreted and explained in Chinese or the minority language agreed in the terms of the agreement

the laws applicable to the contract documents are the national laws and regulations, as well as the department rules agreed in the terms of the agreement or the local regulations of the project location

national standards and specifications agreed in the terms of the agreement must be used for construction; If there are no corresponding national standards and specifications, the standards and specifications of the industry or the place where the project is located as agreed in the terms of the agreement can be used. Party A shall provide Party B with the agreed standards and specifications in duplicate at the time agreed in the terms of the agreement

if there are no corresponding standards and specifications in China, Party B shall propose the construction process according to the time and requirements agreed in the terms of the agreement, and implement it after being approved by the representative of Party A; If Party A requires the use of foreign standards and specifications, it shall be responsible for providing Chinese translations. The costs of purchasing, translating and formulating standards and specifications incurred in this article shall be borne by Party A

Article 4 drawings. Party A shall provide Party B with complete construction drawings 15 days before the commencement date according to the date and number of copies agreed in the terms of the agreement, and Party B shall keep the drawings confidential according to the terms of the agreement. The cost of special confidentiality measures shall be borne by Party A. If Party B needs to increase the number of copies of the drawings, Party A shall copy them on behalf of Party B, and the copying expenses shall be borne by Party B

II. Both parties generally

Article 5 Party A's representative. Party A appoints the representative stationed at the construction site to exercise the rights and perform the duties agreed in the contract according to the following requirements:

1. Party A's representative can appoint relevant specific management personnel to assume some of his own rights and duties, and can withdraw such appointment at any time. Party B shall be informed of the appointment and withdrawal 5 days in advance

2. After the instructions and notices of Party A's representative are signed by himself, they shall be handed over to Party B's representative in writing, and Party B's representative shall sign on the receipt