(4) Agreement on the priority of compensation; (5) Agreement on quality disputes: setting and identification of intermediate institutions for quality problem identification.
1.
7.
It must be through bidding.
The Contractor shall conduct self inspection and notify the supervising engineer and the employer’s representative in writing hours before concealment or intermediate acceptance.
The review of engineering changes, planning and design changes without planning approval and design approval; The Contractor shall not make any change in principle; However, it needs to be changed in practice.
If the Contractor fails to report within the time limit, it shall be deemed that it does not involve the increase of project cost.
Projects invested or financed by the state in whole or in part; 3.
Projects using loans or aid funds from international organizations or foreign governments.
10.
(1) Define the scope of authorization of the engineer; (2) For those beyond the scope authorized by the engineer, it shall be confirmed by the employer.
(2) In case of inconsistency between the actual commencement date and the agreed date: the actual commencement date shall prevail (determined according to the commencement order); (3) If the construction permit date is inconsistent with the actual construction date, the construction permit date shall prevail.
14 of 2004, five kinds of contracts are deemed invalid according to law: (1) the contractor has not obtained the qualification of construction enterprise or exceeds the qualification level; （2） An unqualified actual constructor borrows the name of a qualified construction enterprise; （3） The construction project must be subject to bidding but fails to conduct bidding or the bid winning is invalid; （4） The contractor illegally subcontracts the construction project; （5） The contractor illegally subcontracts the construction project.
Then make clear modifications in the contract and keep consistent.
If the employer fails to reply within the agreed time limit, it shall be deemed as approval.
The conditions and procedures for acceptance (1) shall be implemented in accordance with the procedures specified by the state, province, city and county.
On the issue of invoices, it is suggested to clarify the Contractor’s invoice form, Invoicing time and liability for breach of contract for non-compliance of invoices: when the employer pays the contract amount, the Contractor shall issue a special invoice for value-added tax in accordance with national laws, regulations and standards to the employer according to the amount of each payment and the employer’s requirements, and the contractor promises that the form and content of the invoice are legal, effective and reliable If it is complete and accurate and fails to issue or fails to issue qualified bills, the employer has the right to delay the payment of payables until the date when the employer issues qualified bills, and will not bear any liability for breach of contract, and the employer’s various contractual obligations shall still be performed in accordance with the contract.
After the engineer approves the written report, it shall be submitted to the employer for approval.
For the engineer’s instructions that may cause major changes such as extension of construction period, project quality and contract effectiveness, it can be agreed that they shall take effect after being approved by the employer or the contractor.
For the project that the Contractor does not include in the unit price or total price for any reason, the employer has no obligation to increase the payment, and considers that the project has been included in the total contract price.
Points for attention in the review of the agreement on liability for breach of contract in the construction contract: (1) clarify the specific connotation of the performance bond (or guarantee): under what circumstances, the effective and invalid time of the guarantee, the time of return of the guarantee and the agreement on interest; (2) Penalty for delay in construction period: deduct the deposit, liquidated damages and liquidated damages for offsetting the project funds and total price.
A third party may be agreed: the quality department of the district..
(3) Penalty for late payment of project funds: if the employer fails to pay the project funds on time, it shall bear the interest during the period of delay from the date of delay according to the loan interest rate stipulated by the people’s Bank of China.
Pay attention to the calculation method of risk cost: the total price of the project agreed in the contract is the lump sum price, including all quantities.
6.
For design change, the engineering change notice issued by the employer or the design unit entrusted by the employer after being approved by the employer must be provided, otherwise it will not be regarded as design change.
Precautions on the commencement date.
Confirmation process: in case of increase or decrease of quantities or work contents due to engineering change, the Contractor shall submit a written report to the Engineer within several working days after the change.
8.
Review the agreement on the extension of construction period (1) the reasons for the extension of construction period.
During the completion settlement of the project, only the changed part and the adjusted part of material price difference shall be calculated, and the quotation, base price and winning price shall not be rechecked.
The Contractor shall not bear any additional responsibility.
Pay attention to reviewing the determination method of the contract price, adopt the fixed price contract, and pay attention to the risk scope included in the contract price, such as considering the market change range of price.
The focus is on the subject qualification of acceptance, rectification measures and responsibility in case of unqualified quality, submission time and supplementary requirements of settlement materials.
Note: as a contractor, don’t forget to add: if the employer does not audit the settlement documents within the agreed time after submission, it shall be deemed to recognize the settlement materials.
9.
12.
Pay attention to the review of contract bidding requirements and the main qualification of the contractor (1) there are three categories of projects that must be subject to bidding according to Article 3 of the Bidding Law: 1.
In practice, when lawyers modify the construction contract of construction project, most of the parties to the contract have gone through the stage of mutual understanding in the early stage, but they still need to be analyzed from the perspective of specific contract characteristics.
5.
(1) General review: the commencement date shall be subject to the commencement notice issued by the employer, the supervisor or the supervisor.
2.
Large infrastructure, public utilities and other projects related to social and public interests and public safety; 2.
” (2) There are specific provisions in the general terms, and the acceptance requirements of “positive and negative zero, capping” and other main nodes can also be specified in the contract.
Review the agreement on completion acceptance and settlement, and the procedure setting at this stage: (1) acceptance process; （ 2) Project delivery; (3) Data delivery; (4) Completion settlement.
4.
Pay attention to reviewing the payment method of project progress payment (1) method: node image progress, in proportion; Quantities, pro rata.
11.
3.
However, in order to protect the interests of the contractor, it shall be separately agreed that all losses caused by safe and civilized construction due to the employer shall be borne by the employer.
In addition to specifying force majeure, the agreed standards shall be used as the basis for determining whether the extension of construction period is caused by factors such as project content change, construction period increase, design change, project payment, government instructions (water and power outage), underground objects, etc; (2) Procedural agreement on extension of construction period: the Contractor shall submit a written report to the employer for approval and the supervisor for approval within a certain time.
For the review of the project contracting scope, the scope of the contract shall be consistent with the bidding documents, contract drawings, bill of quantities and the final letter of acceptance; During the review process, it shall be compared with the bidding documents and the letter of acceptance one by one to see if there are differences.
Review the agreement on safe and civilized construction, which is generally agreed to be borne by the contractor.
The commencement date of the project should be clear about the identification of the construction period, which is of great significance.
For the construction of important parts such as waterproof and outdoor decoration, samples shall be made first, and the construction can be carried out only after being accepted by the employer and the on-site supervisor.
(2) According to the agreement on node payment, both parties will make an agreement according to the characteristics of the contract.
The lawyer reviews the matching of comprehensive project progress and payment, the proportion of advance funds in the early stage, the pressure of advance funds, the sustainability and scientificity of capital investment in the process of the project, etc., which need to be agreed according to their own situation.
The qualification examination of the contractor can prevent the final validity of the contract.
13.
Pay attention to review the setting of the authority of the supervision engineer and the engineer dispatched by the employer.
The written report can be used as a valid visa for adjusting the contract price only after it is confirmed and stamped by the employer, Payment shall be made at the time of project settlement.
Burden of proof and procedure.
(2) According to the interpretation on applicable legal issues in the trial of construction contract disputes No.
During the construction period, changes and adjustments within RMB yuan shall not be counted, and changes above RMB yuan shall be adjusted at the time of final settlement.
