Article 788 of construction contract related law in civil code Construction project contract is a contract in which the contractor carries out project construction and the employer pays the price
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Construction contract includes engineering survey, design and construction contract
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Article 789 A construction project contract shall be in written form
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Article 790 Bidding for construction projects shall be conducted in an open, fair and impartial manner in accordance with the provisions of relevant laws
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Article 791 The employer may enter into a construction contract with the general contractor, or a survey, design and construction contract with the surveyor, designer and constructor respectively
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The developer shall not divide the construction project to be completed by one contractor into several parts and contract them to several contractors
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The general contractor or the contractor for survey, design and construction may, with the consent of the employer, entrust part of the work contracted by himself to a third party for completion
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The third party shall be jointly and severally liable to the employer with the general contractor or the survey, design and construction contractor for the work results completed
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The Contractor shall not subcontract all the construction projects he has contracted to a third party, or separately subcontract all the construction projects he has contracted to a third party in the name of subcontracting
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It is forbidden for contractors to subcontract projects to units without corresponding qualifications
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It is forbidden for subcontractors to subcontract the contracted projects
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The construction of the main structure of the construction project must be completed by the contractor himself
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Article 792 Contracts for major state construction projects shall be concluded in accordance with the procedures prescribed by the state and the investment plans, feasibility studies and other documents approved by the state
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Article 793 If the construction contract of a construction project is invalid, but the construction project has passed the acceptance, the contractor may be compensated at a discount according to the agreement on the project price in the contract
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If the construction contract of the construction project is invalid and the construction project experience is not qualified, it shall be handled according to the following circumstances: (1) if the repaired construction project passes the acceptance, the employer may request the contractor to bear the repair cost（ 2） If the experience of the repaired construction project is unqualified, the contractor has no right to ask for compensation according to the contract
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If the employer is at fault for the loss caused by the disqualification of the construction project, he shall bear the corresponding responsibility
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Article 794 The contents of survey and design contracts generally include terms such as the time limit for submission of relevant basic data, budget and other documents, quality requirements, costs and other cooperation conditions
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Article 795 The contents of construction contract generally include project scope, construction period, commencement and completion time of intermediate delivery project, project quality, project cost, delivery time of technical data, responsibility of material and equipment supply, appropriation and settlement, completion acceptance, quality warranty scope and quality warranty period, mutual cooperation, etc
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Article 796 Where supervision is carried out for a construction project, the employer shall conclude a contract for entrusted supervision with the supervisor in written form
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The rights, obligations and legal liabilities of the employer and the supervisor shall be in accordance with the provisions of this part of the entrustment contract and other relevant laws and administrative regulations
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Article 797 The employer can check the progress and quality of the operation at any time without hindering the normal operation of the contractor
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Article 798 Before concealing a concealed project, the Contractor shall notify the employer to inspect it
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If the employer fails to inspect in time, the contractor may postpone the project date and have the right to claim compensation for losses such as work stoppage and idleness
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Article 799 After the completion of the construction project, the employer shall timely carry out the acceptance in accordance with the construction drawings and instructions, the construction acceptance specifications and quality inspection standards issued by the state
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If it passes the acceptance, the employer shall pay the price as agreed and take over the construction project
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Only after the construction project is completed and accepted, can it be delivered for use; Those that have not been accepted or fail to pass the acceptance shall not be delivered for use
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Article 800 If the quality of the survey or design fails to meet the requirements or fails to submit the survey or design documents within the time limit, thus causing losses to the employer, the surveyor or designer shall continue to improve the survey or design, reduce or exempt the survey or design fees, and compensate for the losses
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Article 801 If the quality of the construction project is not in conformity with the contract due to the construction workers, the employer has the right to request the constructor to repair, rework or reconstruct the project free of charge within a reasonable period of time
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In case of overdue delivery after repair, rework or reconstruction, the constructor shall be liable for breach of contract
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Article 802 If the construction project causes personal injury and property loss within the reasonable use period due to the Contractor’s reasons, the Contractor shall be liable for compensation
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Article 803 If the employer fails to provide raw materials, equipment, site, funds and technical data in accordance with the agreed time and requirements, the contractor may postpone the project date, and has the right to claim compensation for losses such as work stoppage and idleness
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Article 804 If the construction of the project is suspended or postponed due to the employer’s reasons, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by the suspension of work, idleness, reshipment, transfer of machinery and equipment, overstock of materials and components, etc
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Article 805 If the employer changes the plan, provides inaccurate information, or fails to provide the necessary working conditions for survey and design within the time limit, resulting in the rework, shutdown or modification of the survey and design, the employer shall increase the payment according to the workload actually consumed by the survey and design
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Article 806 If the contractor sub contracts or illegally sub contracts the construction project, the employer may terminate the contract
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If the main building materials, building components and equipment provided by the employer do not meet the mandatory standards or fail to perform the obligation of assistance, which makes the contractor unable to carry out the construction and fails to perform the corresponding obligations within a reasonable period after being urged, the contractor may terminate the contract
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After the termination of the contract, if the quality of the completed construction project is qualified, the employer shall pay the corresponding project price according to the agreement; If the quality of a completed construction project is not up to standard, it shall be handled with reference to the provisions of article 793 of this law
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Article 807 If the employer fails to pay the price as agreed, the contractor may urge the employer to pay the price within a reasonable period of time
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If the employer fails to pay within the time limit, in addition to the fact that it is not suitable to discount or auction the construction project according to its nature, the contractor may negotiate with the employer to discount the project or request the people’s court to auction the project according to law
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The price of the construction project shall be paid in priority according to the discount or auction price of the project
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Source: Supreme People’s court.
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