The composition of the construction contract of the project
A contract is an agreement between the two parties to determine the rights and obligations of both parties in order to achieve a common goal (the purpose is not the same) under the conditions of the market economy under the rule of law. The project contract is an agreement reached between Party A and Party B on the completion of specific project work content such as survey, design, construction, supervision, equipment and material procurement.
So, what are the components of the construction contract?
According to the current laws and regulations of China, the construction contract consists of the Contract Agreement, the General Contract Clauses, the Special Contract Clauses, as well as the performance guarantee format, the advance payment guarantee format and other annexes.
1. Contract agreement
The contract agreement is a legal document in the nature of the general outline of the construction contract, which stipulates the basic rights and obligations of both the employer and the contractor, and the signature and seal of both parties shall take effect immediately. The contract agreement generally consists of 10 parts:
1.Composition of contract documents.
2.Explain the order of precedence.
3.Contract price.
4.Project manager.
5.Contract duration.
6.Quality standards.
7.Form of Contract**.
8.Promise. 9.Conditions for the entry into force of the contract.
10.Other important content.
2. General Terms and Conditions of Contract
The general contract clause is the most commonly used contract clause in the work, which is based on the civil code and other laws and regulations, and makes a principle agreement on the implementation content and related matters of the project, as well as the rights and obligations of the employer and the contractor; It takes into account the requirements of the current laws and regulations for engineering construction, and also takes into account the special needs of construction management of construction projects. The General Contractual Clauses generally consist of 24 sections:
1.General Conventions.
2.Employer's Obligations.
3.Supervisor.
4.Contractor.
5.Engineering equipment and materials.
6.Construction equipment and temporary facilities.
7.Transportation.
8.Measure pay-off.
9.Construction safety.
10.Environmental protection and law and order.
11.Schedule.
12.Commencement and completion.
13.Construction is suspended.
14.Quality of engineering.
15.Trials and inspections.
16.Alter.
17.*Adjust.
18.Metering & Payment.
19.Completion acceptance.
20.Liability for Defects and Warranty.
21.Insurance.
22.Force majeure.
23.Default.
24.Settlement of Claims and Disputes.
3. Special contract clauses
The general contract clauses are set for general general projects and are universal; However, each project has its own peculiarities, and when the general contract clauses do not fully meet the requirements, special contract clauses must be signed.
The special contract clauses cannot break through the basic and principled provisions of the general contract clauses, but refine, improve and supplement the principle provisions in the general clauses, so as to better meet the needs of engineering construction.
Kunpeng ProjectIV. Annexes
As mentioned earlier, there are two annexes, one is the "Performance Guarantee Format" and the other is the "Advance Payment Guarantee Form".
Article recommendation
Is the construction contract of the project effective when it is signed? It's really not that simple, the performance guarantee in the construction contract of the engineering project should pay attention to what the project construction contract dispute, what to do, what to do, what is the standard, who bears the delay in the construction period of the project, and under what circumstances can the construction contract of the project be adjusted.