The procedures at this stage are: (1) acceptance process (four main bodies plus quality inspection station); (2) Project delivery; (3) Data delivery (deemed as terms and details of transferred data); (4) Completion settlement (time, deemed clause).
(4) Agreement on the priority of compensation..
During the construction period, the project change or visa adjustment within XXX yuan shall not be counted, and the change or visa of more than XXX yuan shall be adjusted at the completion settlement.
The “deemed” clause can be added.
For example, the total price of the project agreed in the contract includes all quantities, and the employer has no obligation to increase the payment for the project 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.
In addition to the provisions on 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, government instructions (water and power outage), underground objects and other factors; (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.
02、 Note that the review of project contracting scope shall be concise as a whole; Note that it is consistent with the contents of bidding documents, contract drawings and bill of quantities.
Firstly, it should be noted that 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.
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.
[Xue Fei, a lawyer from Hefei, Anhui, provides you with professional legal advice.
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.
After the engineer approves the written report, it shall be submitted to the employer for approval.
(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.
If the actual commencement date is inconsistent with the agreed date, the actual commencement date shall prevail (confirmed by commencement order, etc.); If the construction permit date is inconsistent with the actual construction date, the construction permit date shall prevail.
(2) The interpretation on legal issues applicable to construction contract dispute cases of construction projects recognizes five kinds of contracts as invalid according to law, including: the Contractor fails to obtain the qualification of construction enterprise or exceeds the qualification level; An unqualified actual constructor borrows the name of a qualified construction enterprise; The construction project must be subject to bidding but fails to conduct bidding or the bid winning is invalid; The contractor illegally subcontracts the construction project; The contractor illegally subcontracts the construction project.
(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.
12、 Pay attention to review the agreement on completion acceptance and settlement.
11、 Pay attention to reviewing the agreed engineering changes, including planning and design changes without planning and design approval; The contractor will not make changes in principle, but it needs to be changed in practice.
Generally indicated: the commencement date shall be subject to the commencement notice issued by the employer, the supervisor or the supervisor.
During the construction period, the change and adjustment of individual items within XXX yuan shall not be calculated, and the change of individual items above XXX yuan shall be adjusted at the time of final settlement of completion.
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.
It should be noted that the contractor should not forget to add the following contents, that is, if the employer does not audit the settlement documents within the agreed time after they are submitted, it shall be deemed that the settlement materials are approved.
(deemed clause means that if the employer fails to reply within the agreed time limit, it shall be deemed as approval.) Pay attention to the agreed conditions and procedures for concealed works and intermediate acceptance (1) procedures: “It shall be implemented in accordance with the relevant provisions of the state, province, city and county.
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.
(2) there are specific provisions in the general terms, and the acceptance requirements of main nodes such as plus minus zero and capping can also be specified in the contract Pay attention to the following three ways to determine the contract price: (1) adopt fixed price contract.
(2) According to the agreement on node payment, both parties will make an agreement according to the characteristics of the contract.
(2) Penalty for delay in construction period: deduct the deposit, liquidated damages and liquidated damages for offsetting the project funds and total price.
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.
05、 Pay attention to review the setting of the authority of the supervision engineer and the engineer dispatched by the employer.
Adjustment method of contract price: the quantities within the bidding scope shall be calculated according to the actual situation, priced with quota, and the total price before tax shall float downward.
10、 Pay attention to reviewing the payment method of project progress payment (1) method: node image progress, in proportion; Quantities, pro rata.
The written report can be used as a valid visa for adjusting the contract price and paid at the project settlement after it is confirmed by the employer and stamped with the official seal.
Tel.: 138656459] 1 Pay attention to the review of contract bidding requirements and contractor qualification (1) bidding must be carried out for large-scale national infrastructure construction, public utilities, state-owned capital investment, government investment projects and international organizations such as world bank loan projects.
For example, the employer shall bear all losses caused by safe and civilized construction due to the employer’s reasons.
Liquidated damages: it can be agreed with the proportion of delay.
Therefore, the qualification examination of the contractor can prevent the final validity of the contract.
(3) Cost plus remuneration contract is adopted.
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.
If the Contractor fails to report within the time limit, it shall be deemed that it does not involve the increase of project cost.
The design change and site visa shall be jointly approved by the director and the employer’s site engineer.
13、 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 interest agreement.
Pay attention to the risk scope included in the contract price, such as “market change of steel price (8%) “。 Pay attention to the calculation method of risk cost.
The quantities of visa and change shall float down according to the corresponding downward rate specified in the special terms.
In case of any increase or decrease in the quantities or work contents due to the project change, the Contractor shall submit a written report to the engineer after the change occurs.
In project practice, this method is rarely used.
07、 Pay attention to the review of the agreement on the extension of the construction period (1) the reasons for the extension of the construction period.
The Contractor shall conduct self inspection and notify the supervising engineer and the employer’s representative in writing before concealment or intermediate acceptance.
(2) Adopt adjustable price contract.
03、 Pay attention to the establishment mark indicating the commencement date, and the clarification of the project commencement date is of great significance to the identification of the construction period.
04、 Pay attention to the order of reviewing the contract documents.
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.
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 lawyer reviewed 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.
