【 Weak current College 】 electrical engineering contract model for painting

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This project name construction units and construction units signed time sign locations

Electric power construction contract conditions

The first chapter of the words meaning and contract documents

Article 1, the meaning of words
The electricity construction contract law text, from the electric power construction contract conditions (hereinafter referred to as the "conditions of contract") and the electricity construction contract terms of the agreement (hereinafter referred to as the "terms"), whose wording terms subject to the terms of the agreement otherwise agreed ", shall have the meaning ascribed to it in this section:
First, the Contracting Party (hereinafter referred to as party a): the terms of the agreed with bid qualification and payment ability of the parties to a project account.
2. party a resident site representatives (hereinafter referred to as party representative): party in the of the terms "designated representative.
3. in cases (b): the terms of agreement, the electricity construction enterprise quality management approach, as stipulated in the contract of qualification and acceptance by the Contracting Parties.
4. b resident site representatives (hereinafter referred to as b-Rep): b in the terms of the specified proxy.
5. community supervision: by party a mandate, with the electrical project supervision unit qualification management rules on the eligibility of the project management unit or personnel on the supervision of the works.
6. Chief supervisor: project management unit Chief Commissioner appointed.
7. designing unit: party a delegate with the electric power engineering reconnaissance design unit qualification management approach "rules of the appropriate qualification of design units.
VIII. construction cost management departments of the State departments, levels, building administration departments or as departments authorized construction cost management bodies.
9. project quality supervision departments: electric power industry, electrical industry, the provinces (municipalities, autonomous regions) power authority or pursuant to the electricity infrastructure engineering quality supervision of the provisional regulations on sets of electric power construction project quality supervision agencies.
10. project: the terms "contract specific content of the electric power construction of permanent works.
11. the contract price to the existing quota:, materials budget price and the corresponding fee standards as a guide price, by bidding or both parties agreed to cover b performing complete construction content total price.
12. economic expenditure: in construction, after confirmation by the owner in order to increase the budget in the form of the contract price.
13. fees: the Party of the contract price of expenditure outside of the direct payment or party b shall pay expenses.
14. duration: the Party of both the reference power construction project duration fixed requirements, in the terms of the agreed contract duration.
15. construction start date: the terms of the agreed project start date.
16. date of completion: the terms of the agreed project completion date.
17. drawings: from party a to provide or provision by party a party b on behalf of the approval for the construction of all the drawings (including the necessary instructions and related information).
18. construction site: consent by party a, "" construction organization plan "or" project "as used in the construction of the venue.
19. written form: according to the contract of handwriting, typewriting, photocopy, printing of various notifications, appointment, mandate, certificates, documents, memos, meeting minutes, correspondence and unacknowledged telegram, telex, etc. 20. force majeure: war, riots, air flying objects fall or other non-party liability caused by the explosion, fire, and the terms of engagement levels than wind, rain, snow, earthquakes, and so on engineering and performance of the damage caused by natural disasters.
21, compensation: the responsible party to compensate for each other direct loss and indirect losses, including suspension, wogong, rework, and transfer of machinery and equipment, materials and components of the backlog, transportation, labor costs, machinery, management and other actual costs, as well as from the date of the cost to the accrual for the interest and other available interest losses.
22, quality defects: project does not comply with national or industry existing relevant technical standards, design documents and contract quality requirements.
23, combined with the specific terms of the agreement:, after consultation with the parties signed a written agreement with the law.
The second contract files and explain the order
1. contract files should be can't explain each other, mutually description. Unless otherwise agreed in the insurance contract, its composition and explained in the following order:
1. the provisions of the agreement;
2. the conditions of the contract;
3. negotiation, change, and so clearly the rights and obligations of both contracts, agreements and other instruments in the minutes;
4. bidding and contracting of bid notices, tenders and tender documents;
5. resilience detailed list or determine the cost of the project budget books and drawings;
6. standards, specifications and other related technical information, technical requirements;
7. form part of the contract.
Second, when the contract files appear vague or inconsistent, without prejudice to the work progress of cases resolved through consultation by both parties (the social supervision, the Chief Engineer's explanation); both views are not unanimous agreement according to article 30 of the solution.
Article 3, the language in which the contract documents, standards and applicable law
1. contractual documentation is written using the Chinese Mandarin, both sides can agree on the use of minority languages translation, interpretation of the contract documents, instructions for use in Mandarin Chinese.
II. applicable laws the contract documents are the country's laws and regulations, as well as the electric power industry regulations and conventions of other industry regulations, engineering location local regulations.
III. construction should use national standards, norms and standards, specifications of the electric power industry. Countries, the power industry has no corresponding standards, specifications, you agree to use other industry or engineering standards, the seat of the local norms. Party a shall in accordance with the terms of the agreed time and number of copies to the provision of the agreed standards and norms. IV. domesticThere is no corresponding standards, specifications, party b in accordance with the terms of the agreed time and construction process, as requested by the representative of the party; party, subject to the approval of the implementation requires the use of foreign standards, specifications, should be reported to the approval of the competent authorities of the electric power industry and as agreed with Chinese translation. V. buy, translation, and development of standards, specifications and costs of the proposed construction craft shall be borne by party.
The four drawings
I. party a start date in accordance with the terms of the agreed date and number of copies (including as-built drawings and the number of copies field storage), to the provision of complete construction drawings and drawing accuracy and have to meet construction requirements of the design depth, party b in accordance with the terms of the confidentiality requirements of drawings.
2. party a party b can not be according to article 4, paragraph 1, provided a full set of drawings, the contract will not be able to provide the name of the drawings, the provision of the terms included in this period, and that meet the comprehensive implementation of the "construction schedule".
3, party a party b's drawings there are special confidentiality requirements, b to take appropriate measures to secure, by party a cost.
4. party b to increase the number of copies of drawings, party a shall follow the terms of the agreed time be replication, delivery, costs borne by party b.
5. party b has not requested and received from party a to provide the drawings, shall be 5 days the required drawings or direction of the content, reason, time and delay notify party a representative. consequences Party a party b representatives in submitting the notification does not reply within 2 days, according to article 7, paragraph 2, of the Convention.
6. party b for party a to provide the drawings found is incomplete, inaccurate or design depth cannot meet construction requirements. Should promptly notify party a representative, as appropriate, according to article 4, paragraph 5 or in article 25, paragraph 1, of the Convention. Party b for party a to provide the drawings is not found on defects, party a party b should press article VII, paragraph 2, or article 25, paragraph 4, of the Convention of responsible and payments resulting from repair, removal, alteration, renewal and other fees.

Chapter II general responsibilities on both sides

Article 5 party representation
I. party a appointed representatives in the construction site in accordance with the following requirements for the exercise of the right to contract, to fulfil contractual duties:
1. party a representative may delegate specific managers assume their part of the rights and responsibilities, and may at any time withdraw such delegation. Delegated and to withdraw shall notify 3 days in advance of the second party.
2. party a representative of the directive, notification, opinion, approval, and answer all by himself, after signing in written form to the representative of the party b, party a representative in receipt signed by the name and receive time after entry into force. Warranted, party a representative may issue a verbal instructions and within 24 hours to give a written confirmation, on behalf of party a party b of the directive should be implemented. Party representatives cannot promptly give written confirmation, the party a party b should represent a verbal instructions within 48 hours after the confirmation in writing, party a party b representatives confirmed within 2 days after a request is not answered, that is, as its acknowledgement b requirements. Representative of the party a party b to that directive, should receive instructions within 24 hours after the written declaration, party a party b representative within 24 hours after the disclosure is made to modify the directive or to continue to implement the decisions of the original directive, in writing to the second party. Emergency cases, party a party b representatives requested the immediate implementation of the directive or b notwithstanding the objection, the party delegates decided to continue implementation of the directive, party b shall be enforced. The result of instruction and for expenses incurred for the losses caused by party b, party a commitment by the delay duration correspondingly.
3. party a representative of the contractually agreed to the provision of the necessary instructions, requirements, consent, notice, approval, and promise to fulfil the obligation about other conventions, otherwise, party b at the appointed time within 24 hours after the needs of the specific requirements, the grounds and consequences of delay notify party a party b, party a representative on behalf of the party notified within 48 hours after the reply has yet to be, that is, as its consent, approval, shall be borne by the party a bear expenditure postponed as a result, the duration of the delay, damages resulting from loss of party b.
Second, the social supervision of works, party a shall be Chief supervisor in exercising their rights and obligations of notified party. Chief supervisor as agreed in the Commission authorized to carry out their duties within the scope.
3, party a representative and Chief Engineer's easy-to-people, the owner should notify 7 days in advance of the second party. He continued to assume the former's obligations (contract file conventions obligations and commitments in terms of reference).

Article 6 b representative
I. party a appointed representatives in the construction site in accordance with the following requirements for the exercise of the right to contract, to fulfil contractual duties:
1. the requirements, applications and notifications, etc., in writing, signed by party b send on behalf of the party, the party's representative in the receipt by signing your name and receive a time after the entry into force.
2. the representative of the party a party b agrees "construction organization plan" (or construction), issued an order pursuant to the contract and the requirements for construction, in the Organization of emergency and is unable to contact with party a representative, you can take to ensure that engineering and human life, property and safety of emergency measures, and to take measures, within 24 hours after the Party of representatives sent to the report. Responsibility in the party, the party a bear expenditure correspondingly duration; liability in b, the costs to be borne by party b..
Second, the second party representative, should notify 7 days in advance, no matter what party continue to assume the former's obligations (contract file conventions obligations and commitments in terms of reference).

Article 7 of the Working Party a
1. party a party b in accordance with the "construction projects construction site management requirements and the terms of the agreed time, requirements, complete the following work:
1. go through land acquisition, rental, crop and tree compensation, housing demolition and removal of ground, aerial and underground obstacle, the construction site with construction conditions and continue after the commencement address above matters remaining issues.
2. the construction of the water, electricity and telecommunication line received from construction site external to the terms of the agreed place and ensuring that the needs of the construction period.
3. opening of the construction site and urban and rural public roads in the channel, as well as the terms of engagement of the construction site of the main roads and maintenanceTo meet the needs of the construction, transport, and ensure the smooth flow during construction.
4. the provision of construction site of engineering geology and underground pipeline route information, ensure data is accurate and true.
5. for the construction of the various documents, approval and temporary land, road and railway transport, the approval of the Declaration, and the conclusion of the project to the cross-rail, road, communication lines require agreement.
6. the standard point and coordinate point in writing to party b, and site submitted.
7. Organization b and design units Checkup, party b for design gives the low-down, for approval of the construction budget be approved promptly.
8. coordinate the construction site around the buried pipeline and adjacent buildings, structures, and bear the related costs.
9. in accordance with the contract and "comprehensive construction progress plan" time to contract and installation of the provision of construction site, ensure that site and buildings, structures, structures, foundations, etc., in line with the requirements of the installation.
10. coordination of the construction site of construction enterprises cross-cutting jobs, tackling the problem in a timely manner.
2. party a party b is not contractually agreed to fulfil the above obligations, you bear the resulting costs, damages thus caused the loss of b, missed deadlines be correspondingly.
3, party a will be above a certain piece of work completed, commissioned by party b shall bear the expenditure incurred and payments of the economic b corresponding costs.

Article 8 b work
1. party b in accordance with the "construction projects construction site management requirements and the terms of the agreed scope, time, request, complete the following work:
1. at its design qualification certificate allows, at the request of the representative of the owner to complete the construction drawing design, and project design or construction needs, detail design, with the approval of the use of party representatives.
2. as agreed to by party representatives provide year, quarter, month project scheduling and project plan and the statistical reports.
3. press the engineering construction use needs to be set for lighting, fencing and security, and security, protection and maintenance of facilities. B failure to fulfil the above obligations resulting in engineering, property and personal injuries, be borne by party b..
4. in accordance with the terms of the agreed quantity and request, the party delegates at the construction site of the Office and living, housing and facilities costs borne by the buyer.
5. to take effective measures to implement the local government and relevant departments on the construction site traffic and environment protection management requirements. Due to technical, economic conditions, environmental pollution control in the stipulation scope, should be determined by the party a party b's prior approval, in conjunction with local government authorities for approval. The above fees are borne by the party a, b a fine of responsibility.
6. delivery of the completed projects b, party a party may, before delegating custody by the owner. By party b in accordance with the terms of contract work for protection, the protection is not damaged, party b shall be fixed at their own expense. Requirements for party b to take special measures to protect the unit project site and corresponding economic expenditure, under the terms of agreement. The Party of the use or unauthorized use of ahead after damage or other matters, by the party responsible.
7. in accordance with the contract requirements for the construction site of underground pipelines and adjacent buildings, structures of protection.
8. protection of construction site clean. However, before cleaning the scene to achieve the requirements of the contract documents, responsible for violations of the relevant provisions of the damage and fine, after the signing of the contract of and non-issued b causes loss and fines.
2. party b is not contractually agreed to fulfil the above obligations. Bear the resulting costs, damages the party thus suffered economic losses.

Chapter III construction organization plan and duration

9 schedule
1. party a party b in the conclusion of the contract, within 3 days after the provision of initial design documents, construction drawings, construction organization plan outline and the "supply of materials, equipment plans," "plan" for civil works, b according to the electric power construction projects construction technology and management of relevant provisions and the terms of the conventions prepared "construction organization plan" (or construction), "construction of comprehensive plan", in the pre-construction Vos, submitted on behalf of the party. The party did not provide the requested information should be provided by article VII, paragraph 2, of the Convention. B has not requested and submit "construction organization plan" (or construction) and "comprehensive construction schedule", according to article 8 (2) processing.
2. party a party b representative for submission of the "construction organization plan" (or construction) and "comprehensive construction schedule" agree or not, should, in the terms of the agreed period be reply, overdue complex, can be regarded as agreed. The owner agreed to "construction organization plan" and "comprehensive construction schedule" to the contract documents, should work together to follow.
3, party a party b shall be agreed in the "construction organization plan" and "comprehensive construction construction organization plan", to accept the party a representative of the inspection and supervision. Project does not comply with the actual progress, party a party b shall at the request of the representative of the proposed improvement measures submitted to the approval of the party representatives. Major construction techniques, party b shall be submitted to the approval of the Party on behalf of the audit, by the owner to assume special construction techniques.

Article 10 the deferred
1. party b shall be determined by the terms of agreement and schedule a "comprehensive construction" construction start date, start conditions begin construction on schedule due to not work, should be agreed before the start date of 5 days, the representative of the party a deferred the rationale and requirements. Party a party b's representative in deferred requirements within 3 days after reply, reply is considered overdue has agreed to the deferred requirements.
2. party b deferred according to article 10, paragraph (1) of the Convention with the party a representative agreed that the completion date is postponed.
3, party a party b due to reasons require deferred gain the consent of the party representatives, or the party with the client agrees to postpone the commencement date, the commitment by party a party b costs and therefore, the appropriate extended duration.

Article 11 of the provisionalStop construction
I. party a representative warranted may request suspension of construction, party b adjournment request within 24 hours after treatment should be made. B press pause on behalf of the Party requested stop construction, proper protection has finished the project, implemented by party representatives of views put to resume work on requirements, approval to continue with the work.
2. party a representative was not made within the agreed time or the processing opinion b proposed resumption within 24 hours after the request has not been answered, b may own resumption of work. B construction cannot, according to article 7, paragraph 2, of the Convention.
3. suspension of construction for the cause of non-party b, party a shall bear the expenses by economic, correspondingly duration; suspension of duty to party b, party b to bear the costs incurred.

Article 12 the duration of the delay
First, on the following conditions cause the delay of the completion date of the postponed, as the party representatives confirmed that duration correspondingly.
1. the change or design changes;
2. within a week, the non-party causes the water supply, power outages, stop gas caused the stoppage of work, accumulated over 8 hours;
3. the contract or the party representatives agreed to grant extended duration of other circumstances.
2. party b in the above situation within 5 days after the occurrence, the delay in the content and therefore the costs incurred to submit a report to the representative of the party, party a party b in 3 days to submit a report to be approved or put forward a revised views, overdue unanswered, is regarded as a party representative to this report.