If the actual commencement date is inconsistent with the agreed date, the actual commencement date shall prevail (confirmed by the commencement order, etc.); If the construction permit date is inconsistent with the actual construction date, the construction permit date shall prevail.
Pay attention to the calculation method of risk cost.
02 note that the review of project contracting scope should be concise as a whole; Note that it is consistent with the bidding documents, contract drawings and bill of quantities.
07 pay attention to the review of the agreement on the postponement of the construction period (1) the reasons for the postponement of the construction period.
Pay attention to the review of contract bidding requirements and the main qualification of the contractor (1) bidding must be carried out for large-scale national infrastructure construction, public utilities, state-owned capital investment, investment projects and international organizations such as world bank loan projects.
05 pay attention to the setting of the authority of the supervision engineer and the engineer dispatched by the employer.
For the engineer’s instructions that may cause major changes such as the extension of the construction period, project quality, contract effectiveness, etc., it can be agreed that they need to be approved by the employer or the contractor before they take effect.
11.
10.
For example, the employer shall bear all losses caused by the safe and civilized construction problems caused by the employer.
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, boxes and shells of Intelligent Systems), etc.
Pay attention to the risk scope included in the agreed contract price, such as “market change of steel price (8%)”.
04 pay attention to the order of reviewing the contract documents.
Design changes and on-site visas shall be jointly approved by the director and the employer’s on-site engineer.
During the construction period, engineering changes or visa adjustments within XXX yuan shall not be counted, and the changes or visas of individual items above XXX yuan shall be adjusted at the completion of the final accounts.
Adjustment method of contract price: the quantities within the scope of bidding shall be calculated according to the actual situation, priced in quota, and the total price before tax shall be reduced.
Pay attention to the review of the agreed engineering changes, including the planning and design changes that have not been approved by the planning and design; The contractor will not make changes in principle, but it needs to make changes in practice..
(2) 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 period of time.
(2) Adopt adjustable price contract.
03 pay attention to the establishment mark marked with the commencement date.
(2) The interpretation on legal issues applicable to disputes over construction contracts of construction projects recognizes five kinds of contracts as invalid according to law, including: contractors who have not obtained the qualification of construction enterprises or exceed the qualification level; The unqualified actual constructor borrows the name of a qualified construction enterprise; The construction project must be subject to bidding, but the bidding is not carried out or the bid winning is invalid; The contractor illegally subcontracts the construction project; The contractor illegally subcontracts the construction project.
The clarification of the project commencement date is of great significance to the identification of the construction period.
In project practice, this method is rarely used.
(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.
The Contractor shall conduct self inspection and notify the supervising engineer and the employer’s representative in writing before concealment or intermediate acceptance.
Therefore, the qualification examination of the contractor can prevent the final validity of the contract.
For example, the total price of the project agreed in the contract includes all the quantities of the project, and the employer has no obligation to increase the payment for the project that is not included in the unit price or total price for any reason, and considers that the project has been included in the total contract price.
09 note that there are generally three ways to determine the contract price: (1) adopt a fixed price contract.
06 pay attention to the review of the agreement on safe and civilized construction, which is generally agreed to be borne by the contractor, but in order to protect the interests of the contractor, a bottom-up clause can be agreed.
(3) Adopt cost plus remuneration contract.
First of all, it should be noted that: the former takes priority; Secondly, if there is a supplementary agreement, it should be noted that it is consistent with the text of the contract.
The construction of important parts such as waterproof and outdoor decoration shall be made samples first, and the construction can be carried out 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.
(deemed clause means that if the employer fails to reply within the agreed period, it shall be deemed as approval.) 08 pay attention to the conditions and procedures for concealed works and intermediate acceptance (1) procedures: “implement in accordance with the relevant provisions of the state, province, city and county.
In addition to specifying force majeure, for the postponement of the construction period caused by factors such as the change of the project content, the increase of the construction period, the design change, the payment of the project funds, government instructions (water and power cuts), underground objects, etc., the agreed standard is used as the basis for determining whether it constitutes the postponement of the construction period.
The lawyer reviewed the matching of the comprehensive project progress and payment, the proportion of advance funds in the early stage, the pressure of advance funds, the sustainability and science of capital investment in the process of the project, etc.
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 it still needs to be analyzed from the perspective of specific contract characteristics.
Pay attention to review the payment method of project progress payment (1) method: node image progress, in proportion; Quantities, pro rata.
When the project is completed and settled, only the changed part and the adjusted part of material price difference are calculated, and the quotation, base price and winning price are no longer rechecked.
(2) There are specific provisions in the general terms, and the acceptance requirements for major nodes such as plus or minus zero and capping can also be specified in the contract.
Generally, it is indicated that the commencement date shall be subject to the commencement notice issued by the employer and the supervisor or the supervisor.
The “deemed” clause can be added.
The quantities of visas and changes shall decline according to the corresponding downward rate specified in the special terms.
