4.
Whether the handling method of quality disputes and liability for breach of contract are agreed; Provisions on project quality warranty scope, warranty period and warranty fund, etc.
(3) functional departments (for example, the project department) can also sign contracts with a letter of authorization, and the name of Party A can be written with the name of the functional department.
How to measure the project price, how to arrange the procedures, and whether the punishment measures for delayed payment are clear.
The performance period, phased image progress and total performance period of the construction contract shall be clearly written, which involves the payment of project image progress payment and the final settlement time of project payment, thus affecting the time value (interest) of project payment and construction period claim, and finally affecting the project price.
1.
1、 The subject qualification examination of both parties to the contract whether the subject of the contract is qualified to sign and perform the contract is the first issue to be paid attention to in the contract examination, which involves whether the transaction is legal and whether the contract is effective.
Review the requirements for contract bidding.
The agent shall have the agency right: (1) when signing a contract with a branch or functional department of the enterprise (such as the project department), it must obtain a written power of attorney from the enterprise legal person, and can sign a contract with it within the business scope of its business license.
The scope, procedure, calculation basis, design change, site visa, approval and confirmation of material price adjustment must be clearly stipulated in the contract.
2.
The project quality must meet the qualified standards specified in national standards, or make other agreements, such as obtaining “Luban Cup” and “Qianjiang Cup”.
Confirmation procedures and time limits of the project period, including planned commencement date, actual commencement date, planned completion date, actual completion date, planned completion date and actual completion date Whether it is clear.
16 of the national development and Reform Commission for details).
Acceptance scope, such as acceptance basis, design assignment, design and construction drawings, technical description, acceptance specifications, etc., whether there are written quality standard rules signed and confirmed by both parties.
3.
3.
Review the agreement on the project period.
Whether the payment process of project progress payment is agreed, whether the calculation method of price (such as what quota to calculate), currency type, payment time and method are clear.
(3) Review the equipment, technical level, business scope and reputation of the construction parties, and investigate and verify them.
Double Head Lifting Pin Anchor
Review the adjustment conditions and methods of the price; Basis for price adjustment; Lump sum scope and risk lump sum coefficient at fixed total price; Adjustment basis, measurement method and applicable unit price of quantities at fixed unit price; Safety of advance payment recovery of advance payment contract.
2.
Review whether there are clear standards for project quality.
Review whether the security deposit of the construction enterprise is in line with the legal amount, whether the amount of project advance payment is reasonable, whether the payment amount and date of construction progress payment are reasonable, and whether the maintenance security deposit is in compliance..
Review whether the project cost is legal, fair and reasonable, and whether it is obviously high or illegal.
Review whether it is clear whether the nature of the contract price is temporary pricing, adjustable price, fixed unit price or fixed total price.
2.
Whether the calculation method of quantities is scientific, how to prepare, submit and confirm the report materials related to quantities, and whether the contents are operable.
7、 Review of project payment terms 1.
5.
(2) Review whether the opposite party of the construction contract has obtained the qualification required by the construction laws or administrative regulations and whether it has the qualification level of construction enterprise legal person required by the corresponding project cost.
Whether there is uncertainty in the payment of the project price and whether there are approval, advance or any other form of flexible terms.
3.
During the review, it mainly depends on whether it holds the business license of enterprise legal person issued by the State Administration for industry and Commerce and the qualification certificate issued by the construction administrative authority Construction enterprises with corresponding qualifications and qualifications shall refuse to avoid invalidation of the contract and economic losses.
4、 Review of quantities Clause 1.
1.
Review whether there are construction projects that must be subject to bidding without bidding or the bid winning is invalid, so as to avoid invalidation of the contract.
5.
1.
4.
For projects invested by state-owned funds or financed by the state, projects financed by international organizations or foreign governments, large-scale infrastructure or public utilities and other projects related to social and public interests and public safety ， Must pass the bidding (refer to order No.
(2) Branches generally have business licenses, and their business scope is within the business scope of the head office, but they do not have relevant qualifications of the head office, so they need a letter of authorization from the head office to sign contracts.
3.
4.
2.
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Review the determination and confirmation methods and procedures of project quality.
Review the determination and confirmation methods of quantities and whether the basis for quantities adjustment is agreed.
2.
3.
Whether the relevant basis in the project price payment method (such as monthly payment, sectional settlement and one-time settlement) is scientific, feasible and operable.
5、 Review of project quality agreement 1.
Review identity: review whether the other party’s business entity qualification is legal and real.
Whether there are requirements for stage construction period of the project; Whether the construction period is postponed, and how to propose and confirm it; Bear the responsibilities caused by construction delay and delayed completion.
Whether there are definitions, confirmation procedures and time limits of various contract periods, including project completion period, construction period from commencement of EPC project to overall completion acceptance, planned commencement date, actual commencement date, planned completion date, actual completion date, planned completion date and actual completion date.
In case of exceeding the design scope, changing the construction scope, rework, etc., how to calculate the quantities, whether there is an agreement, and whether the verification period of quantities is detailed and clear.
3.
Whether the subject of acceptance is appropriate, whether the acceptance period and program design are reasonable, how to raise quality objections, how to negotiate and deal with them, etc.
2、 Review the performance capacity: (1) review the other party’s existing, actual and real business situation.
6、 Review the cost terms to prevent cost settlement disputes.
4.
Review the preconditions for completion settlement, such as settlement conditions, basis, settlement period, procedure, review, responsibility for overdue review, etc.
