【 Weak current College 】 signed the construction contract should be of

Building construction, is a construction project in completing the project design and construction bid after the conclusion of the architectural production phase, has a large investment, long, broad and management difficult. Good construction contract was signed, whether on contract (construction company) or to a contractor (construction company) are very important.

Enter into the contract, to carefully study the terms of the contract, in the light of the characteristics and the client's own project, conceived in the performance issues that may arise, prior to the settlement. Contract terms to be accurate, the contract and the contractor's obligations, responsibilities, rights to write clear, not because of the lack of preparation or inadvertently left the terms of the contract, the contract could bring difficulties, the legitimate rights and interests of the construction units.

Signed the construction contract should be fully aware and deal with the following issues:

First, read through the text of the contract, information on the construction contract laws and regulations.

Currently signed the construction contract, universal MOC and SAIC jointly developed by GF a 1999-0201 "construction projects construction contract demonstration text. The text consists of the agreement, the universal terms, the special terms and contract annex four parts. Read carefully before signing the contract and the accurate understanding of the "General provisions" are important. Because this part of the content not only indicate the exact meaning of the contract term, the contract signed between how to guide "special provisions", which is more important when "special terms" in a clause without special agreement, "General provisions" and the corresponding provisions in the contract automatically become both sides agreed in the contract.

The construction contract laws and regulations: the People's Republic of China Law of contracts, the People's Republic of China building, the construction project quality management Ordinance, the construction enterprise quality management regulations "," construction enterprises qualification standards (for trial implementation), the construction and installation the project total package implementation measures "," construction projects construction contract and the contract price of the provisional regulations on management, the project implementation phase of the program of the provisional regulations on management, etc.

2. strict review contract grades and performing person credit.

Construction units in the signing of the construction contract, the contract awarding qualification review who is signing an important preparatory work, it will not be eligible for main gates of the contract, will result in a contract disguised pits and risks excluded for future contract to receive timely and correctly perform a good foundation.

According to Chinese law, engaged in real estate development enterprise must obtain the appropriate qualification, contractor contract of the project should be approved by the law of the legal projects. Violation of these provisions, the project is not legitimate and led to the signing of a construction contract is invalid. Therefore, at the time the contract was concluded, should review whether the legal construction units receive license, obtaining the appropriate qualifications and certificates, examine construction unit agency representatives, review the legality of the project. Secondly also deal with contracting parties performing credit review.

Third, as regards duration, quality, cost, and is the most important construction contract.

The "duration, quality, cost" construction projects construction eternal theme, for the construction of the terms of the contract is the most important elements of the contract.

1. practice with regard to the duration of the dispute over who started and completion dates are not clearly defined. Construction start date "ground," and "inspection line," and "approach of" theory, the completion date is the date of the "acceptance" and "delivery date" and "application for acceptance of" theory. Regardless of the claim, should be clearly in the contract, and contract work, completion of the formalities to be conducted, which signed the document. On completion of the project should also be made by the above method.

2, according to the State of the construction project quality management Ordinance, engineering quality supervision departments no longer are engineering completion approval and project quality assessment and acceptance of body, will be the construction unit organization survey, design, construction, project management agency. Therefore, the contract should explicit agreement to participate in acceptance of units, personnel, quality standards, the acceptance procedures, shall be required to sign documents and produce quality controversial approach.

3, construction contract the most common dispute is a dispute on the project cost. As a result of any work in the construction process is inevitable, design changes, onsite visa and material price differences occur, so are difficult to "disposable package died, without adjustment '. The contract must be the price adjustment range, calculated on the basis of the program, and the design change, onsite visa, the issuing material prices, confirm clearly stipulated.

IV. funding for the project progress and completion settlement procedures detailed provisions.

In General, project progress payments monthly payment or payment by the works progress, but how to apply for funding, what files you want reported, how to audit confirmed the appropriation and the amount of progress on both sides know how to deal with inconsistencies, often lack the detailed contract, controversial, affecting construction. General contract on completion settlement procedures also coarse, adverse action. Therefore, the contract should pay special attention to the allocation and settlement procedures.

5. lump sum contracts shall specify in the contract, Contracting Parties and subcontracted parties respective responsibilities and relationships.

Although the Contracting Party and the Contracting Party, the Contracting Parties and subcontracted parties there are between lump sum contracts and subcontracts, law on Contracting Parties, the Contracting Parties and subcontracted parties respective responsibilities and relationships is principled, but still often occur in the practice of subcontracting parties not to accept the contract party authority and contracting party grants directly to subcontracting parties resulted in the total package party unmanageable phenomenon, therefore, in a lump sum contracts should be each party's responsibilities and relationship materialized, ease of operation, to prevent disputes.

6 of clear provisions on supervision engineers and managers of the duties and privileges.

The civil-The law expressly provides that the legal person on its legal representatives and other staff members ' conduct of civil liability. Construction projects construction process, the Contracting Party, the contracting parties involved in the production, supervising management of engineering and technical personnel and management staff, but often with more responsibility and authority are not clear or not for each other's knowledge, the resulting both unnecessary disputes and the loss. The contract should clearly lists the parties send managers list, clear the respective duties and rights, in particular, will have to change, such as visa, price confirmation of ratifying, ratifying scope, procedures, conditions and other provisions in force, prevent others free signature, to the parties.

7. force majeure to quantify.

Construction contract with the General provisions of the force majeure occurred after duties, obligations, costs, and so how to divide the detailed provisions are made, the contract and the Contractor agree that the content of the force majeure is these. Thus, in the special terms of playing the "√" or fill in the "no contract" abound.

Domestic works in the construction cycle in war, unrest, air flying objects fall phenomena such as very few possibilities of the more common is the wind, rain, snow, floods, earthquakes and other natural disasters. The extent of natural disasters in order to be considered as force majeure, the General provisions of the law is not clear, in practice it is difficult to form a consensus between the parties in the contract on the possibility of wind, rain, snow, floods, earthquakes and other natural disasters program should be quantified. If several levels above some level of wind, earthquake, sustained over many days how much mm precipitation reached, etc., may be regarded as force majeure, in order to avoid unnecessary disputes.

8. use of guarantee conditions, lower risk factor.

The signing of the construction contract, you can use the law of guarantee system, to prevent or reduce the contract terms and the risks. If the construction enterprise performance guarantees to owners, owners should also provide the construction Enterprise payment guarantee.

In addition to these eight areas, signed a contract for the procurement of equipment, materials, construction site safety management, liability for breach of these terms should also be sufficiently specific and clear conventions. Any construction contract are very detailed, elusive perfect, in the contract should also be timely in the light of actual situations require supplemental agreement, change agreement, the rights and obligations of the parties to the adjustment.