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Construction period and schedule 7.1 construction organization design 7.1.1 contents of construction organization design the construction organization design shall include the following contents: (1) construction scheme; (2) construction site layout; (3) construction schedule and guarantee measures; (4) labor and material supply plan; (5) selection of construction machinery and equipment; (6) quality assurance system and measures; (7) safety production Civilized construction measures; (8) environmental protection and cost control measures; (9) other contents agreed by the parties to the contract
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7.1.2 for submission and modification of construction organization design, unless otherwise specified in the special conditions of contract, the Contractor shall submit detailed construction organization design to the supervisor within 14 days after signing the contract, but no later than 7 days before the commencement date specified in item 7.3.2 [commencement notice], and the supervisor shall submit it to the employer
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Unless otherwise specified in the special conditions of contract, the employer and the supervisor shall confirm or put forward modification opinions within 7 days after the supervisor receives the construction organization design
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The Contractor shall modify and improve the reasonable opinions and requirements put forward by the employer and the supervisor at his own expense
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If the construction organization design needs to be modified according to the actual situation of the project, the Contractor shall submit the modified construction organization design to the employer and the supervisor
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The construction schedule shall be prepared and modified in accordance with sub clause 7.2 [construction schedule]
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Interpretation: construction organization design is a comprehensive document of technology, economy and organization used to guide the whole process of construction project
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It is the product of the organic combination of construction technology and construction project management
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It can ensure the orderly, efficient, scientific and reasonable construction activities after the commencement of the project
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According to the compilation object, construction organization design can be divided into general design of construction organization and construction of unit project Organization design and construction scheme
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Construction organization design should include compilation basis, project overview, construction deployment, construction schedule, construction preparation and resource allocation plan, main construction methods, construction site layout and main construction management plan
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Does the construction organization design constitute a construction contract document? The author thinks: the construction organization design is divided into the bidding construction organization design and the implementation construction organization design, in which the bidding construction organization design constitutes a part of the bidding document
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According to the relevant provisions of the bidding law, it should constitute the construction contract document, while the implementation construction organization design only guides the specific construction of the contractor, and has no binding force on the employer, so the implementation of the construction organization design is not binding, Does not constitute a contract document
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“Construction law” clearly stipulates that when preparing construction organization design, construction enterprises should formulate corresponding safety technical measures according to the characteristics of construction projects, and for highly professional projects, special safety construction organization design should be prepared, and safety technical measures should be taken
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The construction enterprise shall submit the completed construction organization design to the supervisor and the supervisor shall submit it to the employer within 14 days after the signing of the contract and no later than 7 days before the commencement date
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The employer and the contractor may stipulate in the special terms of the contract the liability for breach of contract if the construction enterprise fails to submit the construction organization design within the specified time
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7.2 construction schedule 7.2.1 preparation of construction schedule the Contractor shall submit detailed construction schedule in accordance with Clause 7.1 [construction organization design]
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The preparation of construction schedule shall comply with national laws and general engineering practice, and the construction schedule shall be implemented after being approved by the employer
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The construction schedule is the basis for controlling the project progress, and the employer and the supervisor have the right to check the project progress according to the construction schedule
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7.2.2 if the revised construction schedule does not meet the requirements of the contract or is inconsistent with the actual progress of the project, the Contractor shall submit the revised construction schedule to the supervisor with relevant measures and data attached, and the supervisor shall submit it to the employer
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Unless otherwise specified in the special conditions of contract, the employer and the supervisor shall complete the review and approval or put forward modification opinions within 7 days after receiving the revised construction schedule
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The confirmation of the construction schedule submitted by the Contractor by the employer and the supervisor shall not relieve or exempt the Contractor from any responsibility or obligation according to the law and the contract
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Interpretation: the construction schedule is to achieve the construction period objectives set by the project, and make overall arrangements for the construction sequence, start and end time and mutual connection of various construction processes, so as to ensure the continuity of construction and ensure the completion and delivery of the project on schedule
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The construction schedule generally includes the general construction schedule, unit project construction schedule, divisional and subdivisional project construction schedule, and quarterly, monthly and weekly schedule
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The construction schedule is an important basis for the parties to the contract to manage the construction period and for the supervisor to supervise the construction period
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It is also the Contractor’s commitment to the employer to complete the project within the specified time
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The employer has the right to require the contractor to carry out the construction according to the construction schedule
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If the Contractor fails to carry out the construction according to the construction schedule and delays the construction period, the employer can, according to the contract agreement, pay attention to the construction Ask the contractor to pay liquidated damages or other expenses
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The revision of the construction schedule is limited to the situation that does not meet the requirements of the contract or is inconsistent with the actual progress of the project
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The revision of the construction schedule is the same as the construction organization design
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The Contractor shall submit it to the supervisor and the supervisor shall submit it to the employer instead of the contractor directly
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7.3 commencement 7.3.1 preparation for commencement unless otherwise specified in the special conditions of contract, the Contractor shall submit the project commencement report form to the supervisor within the time limit specified in Clause 7.1 [construction organization design], which shall be implemented after the supervisor submits it to the employer for approval
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The approval form for commencement shall specify the implementation of construction roads, temporary facilities, materials, engineering equipment, construction equipment and construction personnel required for normal construction according to the construction schedule, as well as the schedule of the project
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Unless otherwise specified in the special conditions of contract, the parties to the contract shall complete the preparatory work for commencement as agreed
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Interpretation: after the construction contract is signed by the contractor, the employer shall actively prepare the necessary procedures for commencement in accordance with the contract, and the Contractor shall assist and provide necessary documents or qualification certificates
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Statutory documents necessary for the commencement of Construction: the construction permit shall be obtained by the employer with the assistance of the contractor, and the construction shall be started within three months from the date of obtaining the construction permit
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If the construction cannot be started within three months, an application for extension shall be submitted before the expiration of the time limit
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In case of no application for extension and no commencement, the construction permit shall be invalid
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If the construction license is not obtained, the validity of the construction contract signed by both parties shall be verified
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Notice of 2011 Shandong Higher People’s Court on the working meeting minutes of trial of construction engineering cases on the impact of construction license on contract effectiveness
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The meeting held that the issuance of construction license before the formal construction of construction project should be an administrative means for the construction administrative department to strengthen the supervision of construction project, the main purpose of which is to examine whether the construction unit or the contractor has the construction or construction conditions stipulated by law and has the nature of administrative management
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If the construction unit or the construction unit violates the management regulations, the construction unit or the Contractor shall be responsible for the construction, It should be subject to corresponding administrative treatment
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Therefore, the construction license should belong to the management specification, which does not affect the validity of the contract
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Moreover, when the construction license is obtained, the construction contract has been signed, and the construction license is not a legal and effective element of the construction contract
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Whether the construction license is obtained or not does not affect the validity of the contract
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7.3.2 the employer shall obtain the permission required for the construction of the project in accordance with the law
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With the consent of the employer, the commencement notice issued by the supervisor shall comply with the law
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The supervisor shall issue the commencement notice to the contractor seven days before the planned commencement date, and the construction period shall be calculated from the commencement date specified in the commencement notice.
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