In case of any dispute over measurement and pricing in the settlement of construction process, the employer and the contractor can make a tentative result, which can be used as the basis for settlement and payment in the construction process, but not as the basis for completion settlement, on the premise of not affecting the performance of the contract.
Both the employer and the contractor and the entrusted cost consulting enterprise shall carry out the settlement within the time limit of the construction process agreed in the construction contract.
The measures are applicable to housing construction and municipal infrastructure projects within the administrative region of Hubei Province.
The settlement nodes in the construction process can be divided by reference to the following situations: single project, unit project and divisional project; The bid section of the construction works by bid section; Professional engineering; Construction period or key time nodes; Main features or structures of the project.
If the construction unit fails to pay the construction process settlement funds as agreed in the contract and the provisions of the measures for the project to be settled during the construction process, it shall be recorded in the credit file of the construction market as an adverse act, which shall be published on the “Hubei construction market supervision and integrity integration platform”, and the time limit for publication shall be implemented in accordance with the relevant provisions.
Government invested projects shall ensure that the funds are paid in place on time in accordance with the relevant provisions of the state, and the failure to complete the audit shall not be used as a reason for delaying the settlement of project funds.
Both the employer and the Contractor shall clearly agree on the settlement period during the construction process in the contract; If there is no agreement, it can be considered that the agreed period is 28 days.
The material of this article is from the Department of housing and urban rural development of Hubei Province and edited by “construction economy and management”…
Add the clause of implementing construction process settlement of construction projects: clarify the content of process settlement, specify the basic process and time limit requirements for process settlement, and propose that the unfinished government audit shall not be used as the reason for delaying settlement.
The details are as follows: 1.
At the same time, it is proposed to promote the settlement of construction process.
On September 23, 2020, the official website of the Ministry of housing and urban rural development issued the notice on implementing the primary responsibility of the construction unit for project quality, strictly implementing the primary responsibility of the construction unit for project quality.
The adjusted part of the contract price shall not be included in the calculation of the proportion.
Once again, it is proposed to strengthen the cost control responsibility of the construction unit, strictly manage the performance of the construction contract, and comprehensively promote the settlement and payment of the construction process.
6.
3.
When the acceptance of divisional works is passed, the settlement of project funds shall be completed synchronously in principle, and the settlement shall not be delayed in disguised form for reasons such as design change and project negotiation.
The construction unit shall have the fund arrangement to meet the construction needs, and provide the construction unit with the project payment guarantee.
2.
On January 19, 2022, the official website of the Ministry of housing and urban rural development issued the notice of the Ministry of housing and urban rural development on printing and distributing the “14th five year plan” for the development of the construction industry.
Recently, the Department of housing and urban rural development of Hubei Province issued the notice on printing and distributing the Interim Measures for settlement of housing construction and municipal infrastructure projects in Hubei Province.
5.
16 ministerial order of the measures for the administration of contracting and pricing of construction projects, and issued the measures for the administration of contracting and pricing of construction projects (revised exposure draft).
For the list items that need to be split according to the quantities, the proportion of the quantities completed at the agreed nodes to the contract quantities shall be calculated, and the total proportion of the construction process settlement shall not exceed 100%.
At present, nearly 30 provinces and urban areas have issued clear documents.
4.
This Circular shall come into force as of the date of promulgation.
The construction contract shall specify the settlement period of the construction process and the settlement method of the project progress payment.
On December 3, 2021, the Ministry of housing and urban rural development revised the No.
