In a construction contract, the construction Chinese part stipulates whether to increase the earthwork consumption fee and the earthwork extraneous freight rate. The contract stipulates that the settlement method is a fixed unit price contract, and the local construction bureau issued a document during the construction process: ** Municipal Urban and Rural Development Bureau Notice on Adjusting the Valuation Basis of ** Municipal Construction Project Spoil Transportation, Z Jianwen 2020 No. 209, increasing the earthwork consumption fee of 18 yuan m3 and the supplementary quota sub-item of earthwork external freight.
Contractually: Adjustment method of contract** outside the scope of risk: except for special clause 111. Outside the scope of material and labor adjustment, the rest of the comprehensive unit price will not be adjusted 2. When one of the following situations occurs, the contract price can be adjusted: (3) changes in laws, administrative regulations and relevant national policies affect the contract price;
Excavation list item features: 1Location: large excavation earthwork 2Soil category: Class 1 and 2 soil 3Including surplus soil 4Spoil transport distance: consider 5The quantity of the list is the same as the quantity of the fixed amount
The construction party believes that this is a policy document and should be adjusted. The owner believes that the adjustment content of the document: the earthwork consumption fee and the earthwork freight requirements should be considered comprehensively when bidding, and should not be calculated.
Keywords: policy adjustment, earthwork consumption fee
Regarding the earthwork consumption fee, we will analyze it according to the following steps;First, according to the normal procedure, if it is stated in the characteristics of the project that the earthwork consumption fee is included, it is obvious that the bidder should comprehensively consider the earthwork consumption fee in the comprehensive unit price when bidding, and settle directly according to the comprehensive unit price when settling. Second, if the relevant requirements for the cost of earthwork consumption are not specified in the characteristics of the project, the bidder shall not consider the cost of earthwork consumption when bidding, and the cost of earthwork consumption shall be treated as a missing item in the settlement. Third, if the earthwork consumption fee is a new cost in the construction process, can it be included in the project cost?Article 1 of the Construction Contract (Model Text).3 laws: "The law referred to in the contract refers to the laws, administrative regulations, and departmental rules of the People's Republic of China, as well as the local regulations, autonomous regulations, special regulations, and local regulations where the project is located.
The parties to the contract may stipulate other normative documents applicable to the contract in the special contract clauses. The author believes that the "Notice of the ** Municipal Urban and Rural Development Bureau on Adjusting the Valuation Basis of the Outbound Transportation of Construction Project Spoil in ** City" issued by the local construction bureau mentioned in the dispute between the owner and the construction party does not belong to the change of laws and regulations, but the wool is out of the sheep, and this clause can also be applied by reference. Since the local ** department suddenly issued this kind of requirement, the author believes that the "Notice" is not essentially a requirement for the construction unit, but a requirement for the construction project. Since it is a requirement for the construction project, it means that the construction unit should bear the corresponding responsibility, that is, the cost of the earthwork consumption fee should ultimately be borne by the construction unit.
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