Procedural agreement on extension of construction period: the Contractor shall submit a written report to the employer for approval and the supervisor for approval within a certain period of time; “Deemed” clause can be added (deemed clause: if the employer fails to reply within the agreed period, it shall be deemed as approval).
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Method: node image progress, in proportion; Quantities, pro rata.
Do you notice these problems? 1、 Pay attention to the review of contract bidding requirements and the qualification of the contractor.
Reasons for the extension of the construction period: in addition to the provisions on force majeure, the agreed standards shall be used as the basis for determining whether the extension of the construction period is caused by factors such as the change of the project content, the increase of the construction period, the design change, the payment of the project funds, the government instructions (water and power outage), underground objects, etc.
During the construction period, the project change or visa adjustment shall not be calculated within RMB yuan, and the change or visa of the single item above RMB yuan shall be adjusted at the time of completion settlement.
The Contractor shall conduct self inspection and notify the supervising engineer and the employer’s representative in writing before concealed works or intermediate acceptance.
The lawyer reviewed the matching of comprehensive project progress and payment, the proportion of advance funds in the early stage, the pressure of advance funds, and the sustainability and scientificity of capital investment in the process of the project.
11、 Pay attention to reviewing the planning and design changes without planning and design approval; The Contractor shall not make any change in principle; However, it needs to be changed in practice..
For the engineer’s instructions that may cause major changes such as the extension of the construction period, project quality and contract effectiveness, it can be agreed that they will take effect after being approved by the employer or the contractor: (1) define the scope of authorization of the engineer; (2) For those beyond the scope authorized by the engineer, it shall be confirmed by the employer.
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5、 Pay attention to reviewing the setting of the authority of the supervising engineer and the engineer dispatched by the employer.
The actual commencement date is inconsistent with the agreed date: the actual commencement date shall prevail (confirmed by the commencement order, etc.).
Including: civil works, water supply and drainage works, electrical works, fire hydrant works, fire sprinkler works, HVAC works, weak current works (including embedded pipes, boxes, boxes and shells of Intelligent Systems), etc.
3、 Pay attention to the establishment mark marked with the commencement date.
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Pay attention to the calculation method of risk cost.
The construction contract of construction engineering is very important for the construction related departments, so what are the key points in the contract review? What “pits” need to be avoided? Xiaobian has sorted out the following key points.
There are specific provisions in the general terms and conditions, and the acceptance requirements of “plus or minus zero, capping” and other major nodes can also be specified in the contract.
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According to the agreement on node payment, both parties will make an agreement according to the characteristics of the contract.
Adopt a fixed price contract and specify the risk range included in the contract price, such as “market change of steel price (8%)”.
Generally, it is indicated that the commencement date shall be subject to the commencement notice issued by the employer, the supervisor or the supervisor.
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Therefore, the qualification review of the contractor can prevent the final validity of the contract.
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For example, the total price of the project as agreed in the contract includes all the quantities of the project, and the employer has no obligation to increase the payment for the project that is not included in the unit price or total price for any reason, and considers that the project has been included in the general contract price.
For large-scale national infrastructure construction, public utilities, state-owned capital investment, government investment projects, and international organizations such as world bank loan projects, they must pass the bidding.
The quantities of the visa and change shall be reduced according to the corresponding downward rate specified in the special terms.
4、 Note that the order of reviewing the contract documents shall be marked first: the former shall prevail; Secondly, if there is a supplementary agreement, it should be noted that it is consistent with the text of the contract.
For the construction of important parts such as waterproof and outdoor decoration, samples shall be made first, and the construction can only be carried out after being accepted by the employer and the on-site supervisor”.
However, in order to protect the interests of the contractor, an explicit clause can be agreed.
During the completion settlement of the project, only the changed part and the adjusted part of material price difference shall be calculated, and the quotation, base price and bid winning price shall not be rechecked.
The design change and on-site visa shall be jointly approved by the director and the employer’s on-site engineer.
9、 Pay attention to review the determination method of the contract price.
Procedures: “implement in accordance with relevant national, provincial, municipal and county regulations.
6、 Pay attention to the review of the agreement on safe and civilized construction, which is generally agreed to be borne by the contractor.
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Cost plus remuneration contract: this method is rarely used.
In practice, when lawyers modify the construction contract, most of the parties to the contract have gone through the mutual understanding stage in the early stage, but they still need to be analyzed from the perspective of specific contract characteristics.
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The definition of the commencement date of the project is of great significance to the identification of the construction period.
The construction permit date is inconsistent with the actual construction date: the construction permit date shall prevail.
8、 Pay attention to agree on the conditions and procedures for concealed works and intermediate acceptance.
7、 Pay attention to the review of the agreement on the extension of the construction period.
The interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (I): five types of contracts are recognized as invalid according to law: (1) the contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level; (2) An unqualified actual constructor borrows the name of a qualified construction enterprise; (3) A construction project that has to be subject to tender but has not been subject to tender or has won the bid is invalid; (4) The contractor illegally subcontracts the construction project; (5) A contractor illegally subcontracts a construction project.
2、 Note that the review of project contracting scope is relatively simple as a whole; Notes shall be consistent with the bidding documents, contract drawings and bill of quantities.
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The contract price adjustment method of adjustable price contract shall be adopted: the quantities within the bidding scope shall be calculated according to the actual situation, priced in quota, and the total price before tax shall be reduced.
10、 Pay attention to review the payment method of project progress payment 1.
For example, the employer shall bear all losses caused by the safe and civilized construction problems caused by the employer.