Whether the conditions, forms, confirmation procedures and necessary conditions as the basis for settlement are clear.
3.
4.
The increased price outside the contract shall be signed in the current month and included in the payment in the current month.
Subject qualification examination of both parties to the contract whether the subject of the contract is qualified to sign and perform the contract is the first issue to be paid attention to in the contract review, which involves whether the transaction is legal and whether the contract is effective.
Review whether the protection of completed projects, the nature and procedures of completion acceptance, the contents, copies, submission time limit and responsibilities for overdue submission of completion data, and the filing of completion data and completion acceptance data are clear..
Whether the handling method of quality disputes and liability for breach of contract are agreed; Provisions on project quality warranty scope, warranty period and warranty fund, etc.
How to arrange, purchase and inspect equipment and materials.
5.
How to organize the on-site work, who will guarantee the safe construction, and how to ensure the access to water and electricity on the site.
5、 Review of project quality agreement 1.
8、 Review of project construction conditions 1.
1.
3.
Training 1.
3.
Review whether there are clear standards for project quality.
Review the adjustment conditions and methods of the price; Basis for price adjustment; Lump sum scope and risk lump sum coefficient at fixed total price; Adjustment basis, measurement method and applicable unit price of quantities at fixed unit price; Safety of advance payment recovery of advance payment contract.
The project quality must meet the qualified standards specified in national standards, or make other agreements, such as obtaining “Luban Cup” and “Qianjiang Cup”.
2.
The examination mainly depends on whether they hold the business license of enterprise legal person issued by the State Administration for Industry and Commerce and the qualification certificate issued by the competent construction administrative authority.
Whether there are definitions, confirmation procedures and time limits of various contract periods, including project completion period, construction period from commencement of EPC project to overall completion acceptance, planned commencement date, actual commencement date, planned completion date, actual completion date, planned completion date and actual completion date.
If the project has the possibility of increasing the workload outside the contract, is there any relevant payment agreement.
3.
Whether the relevant basis in the project price payment method (such as monthly payment, sectional settlement and one-time settlement) is scientific, feasible and operable.
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Whether there are requirements for stage construction period of the project; Whether the construction period is postponed, and how to propose and confirm it; Bear the responsibilities caused by construction delay and delayed completion.
Review whether the security deposit of the construction enterprise is in line with the legal amount, whether the amount of project advance payment is reasonable, whether the payment amount and date of construction progress payment are reasonable, and whether the maintenance security deposit is in compliance.
5.
3.
The performance period, phased image progress and total performance period of the construction contract shall be clearly written, which involves the payment of project image progress payment and the final settlement time of project payment, thus affecting the time value (interest) of project payment and construction period claim, and finally affecting the project price.
3、 Review the agreement of project term 1.
Whether there is uncertainty in the payment of the project price and whether there are approval, advance or any other form of flexible terms.
2.
2.
How to carry out project preparation.
Review the determination and confirmation methods and procedures of project quality.
(2) Review whether the other party of the construction contract has obtained the qualification required by the construction laws or administrative regulations, and whether it has the legal person qualification level of the construction enterprise required by the corresponding project cost.
Review the performance capacity: (1) review the other party’s existing, actual and real business situation.
Generally, it is agreed that the construction conditions shall be borne by the contractor, but in order to protect the interests of the contractor, a bottom-up clause can be agreed.
Construction enterprises that do not have corresponding qualifications and qualifications should be rejected to avoid invalidation of the contract and economic losses.
3.
Whether the confirmation procedures and time limits of project term, including planned commencement date, actual commencement date, planned completion date, actual completion date, planned completion date and actual completion date, are clear.
4.
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2.
(3) Functional departments (such as project department) can also sign contracts with power of attorney, and the name of functional departments can be written on the name of Party A.
4.
Review whether there is a construction project that must be subject to bidding but fails to conduct bidding or the bid winning is invalid, so as not to invalidate the contract.
9、 Review of engineering change agreement 1.
2、 Review contract bidding requirements 1.
Whether the calculation method of quantities is scientific, how to prepare, submit and confirm the report materials related to quantities, and whether the contents are operable.
Review whether it is clear whether the nature of the contract price is temporary pricing, adjustable price, fixed unit price or fixed total price.
Review whether the subject qualification of acceptance, rectification measures and responsibility commitment in case of unqualified quality, submission time and supplementary requirements of settlement data are clear.
2.
2.
2.
How to measure the project price, how to arrange the procedures, and whether the punishment measures for delayed payment are clear.
Whether the payment process of project progress payment is agreed, whether the calculation method of price (such as what quota to calculate), currency type, payment time and method are clear.
Whether the agreement on the procedure for exchange of opinions between the two parties, cost calculation method and payment method of engineering change, design modification, scheme change, material replacement and other temporary modifications is reasonable.
Acceptance scope, such as acceptance basis, design assignment, design and construction drawings, technical description, acceptance specifications, etc., whether there are written quality standard rules signed and confirmed by both parties.
(3) Review the equipment, technical level, business scope and reputation of the construction parties, and investigate and verify them.
4、 Review of quantities Clause 1.
Projects invested by state-owned funds or financed by the state, projects financed by loans and aid funds of international organizations or foreign governments, large-scale infrastructure or public utilities and other projects related to social and public interests and public safety must pass bidding (see NDRC Order No.
2.
Review the preconditions for completion settlement, such as settlement conditions, basis, settlement period, procedure, review, responsibility for overdue review, etc.
10、 Review on completion acceptance and settlement agreement 1.
2.
7、 Review of project payment terms 1.
4.
The scope, procedure, calculation basis, design change, site visa, approval and confirmation of material price adjustment must be clearly stipulated in the contract.
The agent shall have the power of agency: (1) when signing a contract with a branch or functional department of the enterprise (such as the project department), it must obtain a written power of attorney from the enterprise legal person, and can sign a contract with it within the business scope of its business license.
In case of exceeding the design scope, changing the construction scope, rework, etc., how to calculate the quantities, whether there is an agreement, and whether the verification period of quantities is detailed and clear.
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6.
1.
Whether the subject of acceptance is appropriate, whether the acceptance period and program design are reasonable, how to raise quality objections, how to negotiate and deal with them, etc.
(2) Branches generally have business licenses, and their business scope is within the business scope of the head office, but they do not have relevant qualifications of the head office, so they need the letter of authorization of the head office to sign the contract.
For example, the employer shall bear all losses caused by safe and civilized construction due to the employer’s reasons.
4.
Review whether the project cost is legal, fair and reasonable, and whether it is obviously high or illegal.
Review identity: review whether the other party’s business entity qualification is legal and real.
6、 Review the cost terms to prevent cost settlement disputes.
2.
Review the determination and confirmation methods of quantities and whether the basis for quantities adjustment is agreed.
