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.
2.
2.
2、 Note that the review of project contracting scope is relatively simple as a whole; Note that it is consistent with the contents of bidding documents, contract drawings and bill of quantities.
5、 Pay attention to review the setting of the authority of the supervision engineer and the engineer dispatched by the employer.
The actual commencement date is inconsistent with the agreed date: the actual commencement date shall prevail (confirmed by the commencement order, etc.).
Pay attention to the calculation method of risk cost.
The quantities of the visa and change shall float downward according to the corresponding downward rate specified in the special terms.
During the construction period, the project change or visa adjustment within RMB yuan shall not be counted.
The construction of important parts such as waterproof and outdoor decoration shall be made samples first, and the construction can be carried out only after being accepted by the employer and the on-site supervisor”.
In practice, when lawyers modify the construction contract, 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.
Adopt cost plus remuneration contract: this method is rarely used.
1.
Adopt a fixed price contract, and pay attention to the risk scope included in the contract price, such as “market change of steel price (8%)”.
Therefore, the qualification examination of the contractor can prevent the final validity of the contract.
For large-scale national infrastructure construction, public utilities, state-owned capital investment, government investment projects and international organizations such as world bank loan projects, they must pass the bidding.
The construction contract of construction engineering is very important for the construction related departments, so what are the key points in the contract review? What “pits” need to be avoided? Xiaobian has sorted out the following points.
10、 Pay attention to reviewing the payment method of project progress payment.
3.
2.
7、 Pay attention to the review of the agreement on the extension of the construction period.
The change or visa of the single item above RMB yuan shall be adjusted during the final settlement of the project.
During the completion settlement of the project, only the changed part and the adjusted part of material price difference will be calculated, and the quotation, base price and winning price will not be rechecked.
1.
Procedures: “implement in accordance with the relevant provisions of the state, province, city and county.
Compare them quickly.
The lawyer reviewed the matching of comprehensive project progress and payment, the proportion of advance funds in the early stage, the pressure of advance funds, and the sustainability and scientificity of capital investment in the process of the project.
The contract price adjustment method of adjustable price contract is adopted: the quantities within the bidding scope are calculated according to the actual situation, priced in quota, and the total price before tax fluctuates downward.
Have you noticed these problems? 1、 Pay attention to the review of contract bidding requirements and the main qualification of the contractor.
Procedural agreement on the 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; “Deemed” clause can be added (deemed clause: if the employer fails to reply within the agreed time limit, it shall be deemed as approval).
Generally indicated: the commencement date shall be subject to the commencement notice issued by the employer, the supervisor or the supervisor.
2.
For example, the total price of the project agreed in the contract includes all quantities.
1.
For example, the employer shall bear all losses caused by the safe and civilized construction caused by the employer.
1.
Including: Civil Engineering, water supply and drainage engineering, electrical engineering, fire hydrant engineering, fire sprinkler engineering, HVAC engineering, weak current engineering (including embedded pipes, boxes and boxes of intelligent system), etc.
The interpretation of the Supreme People’s Court on legal issues applicable to the trial of disputes over construction contracts of construction projects (I): five kinds of contracts are deemed invalid according to law: (1) the contractor has not obtained the qualification of a 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 the bidding is not carried out or the bid winning is invalid; (4) The contractor illegally subcontracts the construction project; (5) The contractor illegally subcontracts the construction project.
However, in order to protect the interests of the contractor, a bottom-up clause can be agreed.
The design change and on-site visa shall be jointly approved by the director and the on-site engineer of the employer.
4、 Note that the order of reviewing the contract documents should be marked first: the former takes precedence; Secondly, if there is a supplementary agreement, it shall be indicated that it is consistent with the effectiveness of the text of the contract.
8、 Pay attention to the conditions and procedures for concealed works and intermediate acceptance.
2.
For the project that the Contractor does not include in the unit price or total price for any reason, the employer does not increase the obligation of payment, and considers that the project has been included in the total contract price.
3、 Pay attention to the establishment mark indicating the commencement date, and the clarity of the project commencement date is of great significance to the identification of the construction period.
Method: node image progress, in proportion; Quantities, pro rata.
1.
The Contractor shall conduct self inspection and notify the supervising engineer and the employer’s representative in writing before concealment or intermediate acceptance.
11、 Pay attention to reviewing the agreement on engineering change, and the planning and design change without planning approval and design approval; The Contractor shall not make any change in principle; However, changes need to be made in practice..
For the engineer’s instructions that may cause major changes such as the extension of construction period, project quality and contract effectiveness, it can be agreed that they will take effect after being approved by the employer or the Contractor: (1) clarify the scope of authorization of the engineer; (2) For those beyond the scope authorized by the engineer, it shall be confirmed by the employer.
6、 Pay attention to the review of the agreement on safe and civilized construction, which is generally agreed to be borne by the contractor.
9、 Pay attention to review the determination method of the contract price.
According to the agreement on node payment, both parties will make an agreement according to the characteristics of the contract.
Reasons for the extension of the construction period: in addition to the provisions of force majeure, the agreed standards shall be used as the basis for determining whether the extension of the construction period is caused by the change of the project content, the increase of the construction period, the design change, the payment of the project funds, the government instruction (water and power outage), underground objects and other factors.
The date of the construction permit is inconsistent with the actual construction date: the date of the construction permit shall prevail.
