Subcontract (I)
Contractor: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
In accordance with the "People's Republic of China*** and the State of China Contract Law" and "People's Republic of China*** and the State of China Construction Law" and its relevant laws, administrative regulations, follow the principle of equality, voluntariness, openness and In accordance with the principle of equality, voluntariness, openness and honesty and combining with the actual situation of the project, A and B reached the following agreement by consensus on the construction matters of the Owner's project:
I. Name of the Project:
II. Commencement date: January, 2012
Completion date: January, 2012 Duration: days
V. Contract price: The project is priced in ( ) way, per ton ( ) yuan / ton.
The total contract price is
Six, quality requirements:
The quality of this project to meet the standard, such as less than this standard, should be reworked according to the requirements of Party A self-care, and bear all the costs incurred.
VII, the responsibility of both parties:
1, Party A's responsibility:
(1) is responsible for the technical delivery of the work, quality inspection of the construction site.
(2) is responsible for providing Party B with construction drawings in one ( ) copies.
(3) Timely supply of materials specified in the contract.
(4) Handle the project settlement in time.
2. Party B's responsibility:
(1) Strictly according to the requirements of the construction specifications and national quality standards.
(2) must be constructed according to the drawings.
(3) should guarantee the requirements of the construction period to ensure that the project is completed on time.
(4) Responsible for providing Party A with invoices or receipts of the same amount of the settlement value of the project.
VIII. Material supply:
1. The main material shall be provided by ( ) party.
2, auxiliary materials by ( ) party responsible for providing.
IX. Material Consumption:
Project consumption of materials according to the actual occurrence of shall prevail, the amount of loss is calculated by ( ) percent, waste materials to ( ) party.
Ten, construction and acceptance:
1, Party B according to the drawings and construction specifications, strict construction, ready to accept Party A's representative and appointed personnel of the relevant departments to check, inspection.
2, the completion of the project to organize the acceptance of the relevant departments.
XI, settlement:
Signing the contract, Party A that is delivered to Party B ( ） yuan advance payment, the project is carried out half of Party A to pay ( ） yuan, the project is completed, Party A to pay ( ） yuan of the project.
XII, by the A, B, either party caused by the delay in the construction period, every day of delay, pay the party the total price of the project () % of the loss.
XIII, other:
1, this agreement in one ( ) copies, the original ( ) copies, copies ( ) copies.
2. This Agreement shall enter into force on the date of signature by both parties under seal.
3. This Agreement terminates itself upon completion.
XIV. Supplementary Provisions:
Party A: Party B:
Legal representative or legal person entrusted by: Legal representative or legal person entrusted by:
Entrusted by: ? Construction Representative:
Telephone: ? Tel:
Date: ? Date:
Subcontract (II)
General Contractor (Party A): ____________________________
Address: ____________ Postal Code ____________ Telephone ____________ Legal representative: ____________ Position ____________
Subcontractor (Party B): ____________________________
Address: ____________ Postcode ____________ Phone ____________ Legal representative. ：____________ Position ____________
In accordance with the Contract Law of the People's Republic of China*** and the State of China, the Implementation Measures for General Subcontracting of Construction and Installation Works of the Ministry of Construction, and the relevant provisions of Document No. xxx of the People's Government of the City of xxx, this contract is signed by both parties by mutual consensus and shall be performed in good faith.
Article I Project
I. Name of the Project: ________________
II. Location of the Project: ________________
III. Project No.: _________ Construction Permit No.: _______ Business License No.: _______
IV. Scope and Quantity of Subcontracted Work (with budget)
V. Duration of Subcontracted Work ________ started on ____, ____ and completed on ____, ________.
VI. The cost of labor for the subcontract work ________.
VII. The types and number of workers ________ Party B puts into the work.
Article II Project Settlement
According to the subcontracting project, the first month advance living expenses, according to the contract number of people per person ____, the next month when the settlement is deducted back, in the construction of the project is in progress according to the amount of acceptance of the work completed in the month in advance of the settlement (the magnitude of the magnitude shall not exceed the amount of the completed amount of 80%) after completion of the project, by the Party A and B **** with the acceptance to be settled.
Article III quality of the project
Party A according to the national quality acceptance norms and assessment standards for technical delivery and organization acceptance, Party B in accordance with the construction drawings and specifications, carefully organized construction, to ensure the quality of the project, such as the quality of substandard, must be reworked and repaired, and its loss of material costs, borne by Party B; such as poor quality of the project can not be salvaged, should be responsible for compensation by Party B. All labor and material losses.
Article 4: Safety
First, Party A should make safety briefing for the project undertaken by Party B, put forward clear safety requirements and carry out supervision and inspection, Party B must conscientiously implement the rules and regulations on safety construction, and strictly abide by the safety operation procedures, and the safety production facilities provided by Party A can only be used if Party B passes the inspection, and the losses will be borne by Party B if casualty accidents occur due to violation of the above provisions. If any casualty occurs during the construction due to violation of the above regulations, Party B will be responsible for the loss.
Second, labor protection supplies and construction of personal use of electrified operating tools such as insulated gloves, rubber boots, etc. by Party B to solve their own problems, such as Party B has difficulties, can be put forward to the plan, Party A to help solve.
Third, in the construction process, Party B is responsible for fire accidents caused by violation of fire regulations and laws.
Article V Life Management
I. Party B workers into the field, food and accommodation by Party A to provide accommodation and the main cooking utensils (pots, cages, drawers, hair dryers, large panels) by Party B to keep, if any damage to the lost at the price of compensation. Small sporadic appliances Party B to provide their own, living coal provided by Party A according to the ration.
Second, the life of food, oil, by Party B, Party A should provide convenience in medical, health, etc., Party B workers who are sick, signed by the person in charge of the consent, can be in Party A for medical treatment, medical expenses by Party B is responsible for the monthly payment.
Article 6 subcontracting labor cost unit price
First, the unit project subcontracting, each budgeted working days for ________ yuan. The implementation of a single square meter labor cost lump sum, per square meter ____ yuan.
Second, the inner eaves plastering subcontracting, to achieve high quality per budgeted man-days for ________ yuan. Achieve qualified per budgeted man-days for ________ yuan. Implement a sub-contract labor rate package of ________ per square meter.
Third, a single subcontract stone, earthwork per budgeted labor day is ________ yuan.
iv. The clearing labor rate is ________ per man-day.
v. Full day stoppage, standby, water, power and cleanup work days shall be ________ dollars.
VI. Water, electricity, heating and sanitary works are ________ yuan per budgeted man-day (subcontracted by block number).
VII, winter construction period (December 1 to the end of February) to reduce the efficiency of 10% of the work day. The unit price of its labor day is ________ yuan.
VIII. Breakdown of subcontracting costs (I-VII items can be listed)
Article VII Material Supply Management
Party B shall set up a special person to Party A to handle the limitation procedures for the collation of materials such as cement, steel, commodity components, hardware, linoleum, asphalt, and special materials such as water, electricity, heating and sanitation, etc. Party B shall strictly follow the procedures provided by Party A for the collation of materials. Party B shall strictly follow the quality requirements and materials provided by Party A for the construction. Party B shall be responsible for the waste of materials used in the construction and unreasonable exceeding of the limit. Party B in the construction of materials according to the stack (heap), to do day-to-day use of clean, clean materials, to keep the site clean.
Article VIII construction machinery
I. Large tools are the responsibility of Party A to ensure the use of needs.
Second, hand-operated tools, by Party B is responsible for.
Third, Party A is responsible for the supply of equipment, Party B should be carefully kept and cared for, if lost or damaged, Party B is responsible for compensation.
Fourth, the construction of small and medium-sized machinery, equipped by Party A according to the construction program, () a machine should be equipped with a driver to ensure that the normal construction of Party B, Party B is not allowed to unauthorized operation of the equipment (bring their own machinery in accordance with the relevant provisions of the treatment).
Article IX site management
First, Party A, Party B personnel should strictly abide by the site of the management system, in Party A, under the unified leadership of the person in charge of the site to organize the construction of the plan, progress, material supply and so on, the two sides should work closely to ensure that the construction is carried out smoothly.
Second, Party B should be construction personnel to comply with the law and safety production, care of property education, and designate a person responsible for site security, is strictly prohibited from stealing the site materials, such as violation of the site management system of unlawful acts, Party A has the right to take the necessary measures, Party B shall bear legal responsibility, and is responsible for compensation for economic losses.
Third, the subcontracting personnel to maintain relative stability, in and out of the construction site to wear a work sign, not allowed outside the contract personnel access to the site and accommodation.
Article 10 Responsibility for breach of contract
I. Party B subcontracted projects, may not be subcontracted. In the construction process, the inspection fails to meet the national acceptance specifications, can not guarantee the quality of the project, Party A has the right to terminate the contract, resulting in rework losses, Party B shall be compensated.
Second, after the signing of the contract, without the consent of both parties, no party shall not change or cancel at will. If Party B terminates the contract unilaterally without Party A's consent, Party B shall compensate Party A for the economic loss caused by affecting the construction plan; if Party A terminates the contract in the middle of the process, Party B shall be compensated for the economic loss caused by it.
Third, Party B must be completed in accordance with the contractual requirements for the duration and quality, or every day late, should be reimbursed to Party A according to the subcontracting labor ____% of the late liquidated damages.
Fourth, Party A and Party B shall not default on all kinds of payables, such as arrears, according to the bank short-term loan interest rates, pay the other side of the late payment of liquidated damages.
Article XI By-laws
I. This contract in case of disputes, the parties shall consult in a timely manner, consultation fails. If it can't be solved, it can be solved according to the following ( ): (1) applying for arbitration to the Arbitration Committee of Economic Contracts where the building is located, (2) suing to the People's Court.
Second, this contract is ___ copies, A and B each party to the original copy. The rest of the copies, reported to ____ for the record.
Third, the request for authentication (notarization), you can go to the district or county administration for industry and commerce where the building is located for authentication or notarization.
4. Other terms agreed by both parties:
1. ******
2. ******
Article 12 Contract Attachments and Period of Validity
1. Contract Attachments:
1. Budget of the project;
2. ******
2. This Contract shall come into effect from the date of the two parties' seals date and shall expire after the work is fully completed and settled.
General Contractor: __________
Legal Representative: ________
____ ____ month ____ day
Subcontractor: ______________
Legal Representative: ________
____ year ____ month ____
Subcontract (3)
Contractor (Party A):
Contractor (Party B):
In accordance with the Contract Law of the People's Republic of China*** and the State of China and Regulations on Contracts for Construction and Installation Works, the two parties, after friendly negotiation, Party A will ? Project carpentry sub-projects subcontracted to Party B construction. In the spirit of equality and mutual benefit, consensus ` principle of the two sides on related matters reached the following agreement:
Article 1 General contracting project overview:
1.1 Name of the project:
1.2 Location of the project:
1.3 Overall project commencement and completion date: date of commencement of the project: year? month? Day
Completion date: Year? Month? Day
Article 2 Scope of this subcontract: according to the list of labor quotations of the project items
Article 3 Contracting method: clear contracting (contracting for work but not materials)
Article 4 Contract duration:
4.1 Total construction period of the project: ? Year? Month? The project will be completed by the end of the following month.
The duration of the carpentry sub-projects of this project is: ...? Month?
The duration of the carpentry sub-projects of this project is as follows
4. 2 According to the construction site specific conditions of the two sides to determine the detailed construction progress plan for the construction of this subcontract, Party B shall strictly according to the construction progress plan, to ensure that each section of the work and the entire subcontracted works completed on time, any delay in any section of the work shall be regarded as a delay in the work schedule.
Article 5 Contract Price
5.1 The unit price of the contract sum for this project: according to the list of labor quotations provided by Party B (the list of quotations as a symbol of the contract1)
5.2 Principle of calculating the quantity of work: the actual area (set of internal diameter calculation) and the description of the list of quotations for labor
5.3 Estimated valuation of the estimated cost of this project is as follows: (the total price is calculated in accordance with the actual quantity of work and list of quotations for labor)
5.4 The actual price of this project shall be as follows Quotation list calculation shall prevail)
5.4 Odd jobs shall be settled at $ per person per day
5.5 This contract is a closed contract, unless Party A changes the contract, resulting in an increase of the contract price by more than 5%, Party B shall have the right to request Party A to increase the contract price, and vice versa.
Article 6 Quality Requirements of Sub-items:
6.1 The quality of sub-items reaches the national acceptance specification and the acceptance standard requirements of the construction party (the acceptance standard requirements of the construction party are taken as the symbol of the contract2).
Article 7 Construction site management:
7.1 Party A sends: ? as the person in charge of the site.
Party B sends: ? as the person in charge of on-site construction, responsible for the fulfillment of the provisions of this contract.
7.2 During the construction process, Party B should educate workers to strictly implement the operating procedures, pay attention to fire prevention, anti-theft and construction safety, accidents and damages caused during the construction of Party B to bear the responsibility and economic losses.
7.3 Party B and its personnel should listen to Party A's arrangement of instructions, and do a good job with the subcontracted trades.
7.4 Party A's representative at the construction site is responsible for reviewing Party B's construction program, project progress plan, quality of purchased materials, payment plan and its settlement, as well as supervising and verifying Party B's progress and quality of the project.
7.5 Party A's resident engineering representative has the right to supervise Party B's construction safety and quality (including the quality of materials purchased by Party B) at any time. If Party B's construction behavior has unsafe factors or does not comply with the provisions of the contract, Party A has the right to request Party B to stop the construction, and Party B shall correct the error immediately. Party B shall correct the error, notify Party A and get its approval before continuing the construction.
Article 8 Party A's responsibility:
8.1 Before the commencement of construction of sub-projects, Party A is responsible for the provision of detailed construction drawings and is responsible for the organization of drawings and technical briefing, review of Party B's renovation of the sub-projects of the construction program.
8.6 Coordinate the relationship between the construction of sub-projects and other processes within the scope of this subcontract.
8.7 Provide Party B with the necessary instructions, approvals, construction permits, drawings, negotiations and other relevant engineering documents in time.
8.8 Provide temporary water and electricity connection points necessary for construction.
8.9 Party A is responsible for the procurement and supply of materials should meet the design requirements of qualified products, and should be supplied to the site in a timely manner, A and B for handover procedures.
8.9 Supervision and inspection of Party B's construction and acceptance procedures.
Article 9 Responsibilities of Party B:
9.1 Enter and leave the site on time according to the contract and Party A's requirements;
9.2 Prepare the construction plan according to the quality requirements of the design and organize the construction according to Party A's monthly and weekly construction plan.
9.3 Before construction, familiarize yourself with the drawings, and communicate and confirm with Party A's representative in time if there is any doubt about the special process or size drawings. Do not hide or blind construction.
9.4 Party B must propose to Party A three days in advance the list of materials to be purchased for the next process and the quantity. Party B is responsible for the transportation, handling, classification and protection of materials arriving at the site, and Party B is responsible for any loss or human damage.
9.5 Clarify the person in charge of the site, and provide Party A with the list of construction personnel and the work type of the license, with the relevant approval procedures.
9.6 Responsible for the protection of finished products of subcontracted projects, and to ensure that no damage to the completed projects of other builders, if any damage, Party B at its own expense to be repaired.
9.7 If Party B intentionally stops work in the middle of construction, affecting the progress of the project, Party A has the right to terminate the contract, and does not pay the remaining amount of completed work, and pursue its legal responsibility.
9.8 If Party B withdraws from the site automatically, Party A has the right to deduct all the project payments and retains the right to pursue its legal responsibility.
9.9 The subcontractor is responsible for the construction of the necessary power, water layout, power tools must be used to use electricity with leakage protection of safety cables and electrical boxes. Tools used (including a variety of electric saws and saw blades, a variety of electric drills and various types of electric drills, lucite machine and lucite machine meshes, a variety of types of openers, aluminum alloy ruler, meso knife meso blades, construction gloves, sandpaper frame, sandpaper sanders, cutters, mills, etc.) and the cable box used to ensure that the tools have good performance, in line with the Party's safety requirements, image requirements and the relevant provisions of the state and the local.
9.10 Comply with Party A's on-site management regulations on safety, civilized construction, logistics and health, environmental protection, fire protection, security and other aspects. The construction time of noise and paint is from: ? to , should be strictly observed. Violation of the provisions, resulting in all the responsibilities and losses shall be borne by Party B.
9.11 Finish the site cleaning of the relevant area before the end of each day, if there is a violation of each fine of 200 yuan.
9.12 Responsible for cooperating with Party A on the acceptance of the completion of the subcontracted works and the preparation of information.
9.13 Party B must strictly follow the construction progress plan, if Party B's manpower is insufficient or other reasons cause delay, Party A has the right to penalize at 1000 RMB/day.
9.14 Party B self-improvement construction protection measures, personal injury during the project, has nothing to do with the Party.
Article 10 Project Quality and Acceptance:
10.1 Party A and Party B will carry out construction and acceptance according to the construction party's project quality evaluation standard and construction technology acceptance specification.
10.2 Party B accepts Party A's inspection and examination of the project quality at any time, and provides convenient conditions for inspection and examination. If Party B's construction fails to meet the construction party's project quality standards and technical specifications, it shall rework, modify and bear the cost of rework and modification, and the construction period shall not be postponed.
10.3 In the subcontracting construction, Party B shall obey any work instructions issued by Party A. The responsibility and economic expenditure for the quality of the works caused by Party A's instructions or other non-Party B reasons or the extra-contractual economic expenditure due to Party A's instructions shall be borne by Party A.
11.1.2 Party B shall not be responsible for the quality of the works and the economic expenditure.
Article 11 Payment for the Works:
11.1 The progress payment for the subcontracted works shall be paid by stages.
11.2 Stage I: after the progress of the project to the mid-term acceptance (before the entry of paint): 45% of the estimated price of the project will be paid as the payment for the project.
Stage 2: After acceptance on behalf of the owner: 90% of the completed billing for the actual quantities of work ascertained is payable. Warranty deposit 5% Balance to be settled after two years of warranty period;
11.3 Warranty period of two years. 5 % warranty deposit will be retained at the time of completion of the settlement, and the balance will be settled within ten days after the expiry of the warranty period.
Article 12 Default:
12.1 The representative of Party A can not give clear instructions, confirmation and approval in time, and does not fulfill the relevant responsibilities agreed in the contract, and shall bear all the responsibility for the resulting breach of contract.
12.2 Party B's construction quality fails to meet the construction party's project quality requirements, does not fulfill the contractual responsibilities, and shall bear all the losses caused to Party A.
12.3 If the contract cannot be performed due to default of one party, and the other party wants to suspend or terminate the whole contract, the defaulting party should be notified 3 days in advance before suspending or terminating the contract, and the defaulting party shall bear the responsibility for the default.
Article 13 Safety and Civilized Construction:
13.1 Party B shall, in accordance with the relevant regulations, carry out safety education and safety briefing for its construction personnel, adopt strict safety protection measures, and bear the responsibility for accidents caused by its own inadequate safety measures and the costs incurred as a result. The responsible party shall bear the responsibility for the casualties caused by the non-Party B's responsibility and the related costs.
In the event of a major accident, Party B shall immediately report to the relevant authorities and notify Party A's representative in accordance with the relevant regulations. At the same time according to the requirements of the relevant government departments to deal with. Party A will provide the necessary conditions for rescue, and the costs incurred will be borne by the party responsible for the accident.
In the construction of toxic and hazardous environments, Party B shall provide its own protective measures in accordance with the relevant provisions, and the cost shall be borne by Party B itself.
13.2 Party B is responsible for the safety and protection of the construction of the contracted works, and is equipped with a full-time safety officer who is responsible for the safety of the workers.
13.3 Party B in the construction of all the machinery used in the construction must be tested and qualified, and in line with the relevant provisions of the State and the safe use of machinery standards. If Party B violates the operating procedures or uses all kinds of mechanical equipment and production machinery that do not meet the safety standards, all the safety accidents caused by the subcontractor shall be responsible by itself and bear all the economic losses caused by it.
Article 14 Work period and quality agreement:
14.1 Due to Party B's reasons for the delay in the work period, for each day of delay, Party B shall pay 1000 yuan to Party A. If Party B does not pay in advance, Party A has the right to deduct directly in the contract sum of Party B's works as a penalty for delaying the work period.
14.2 Party A fails to provide qualified work surface on time or other reasons cause Party B can not be constructed on time, all the losses arising from this shall be borne by Party A, and for every day of delay, Party A shall pay Party B for the loss of work actually occurred.
14.3 If the construction quality of the subcontracted works does not comply with the regulations of the construction party or the quality acceptance fails to meet the agreed quality standard due to Party B, Party B shall remove, strip and redo the works according to Party A's requirements, and shall bear all the economic expenditures incurred as a result and the economic losses caused to Party A.
15.1 The Subcontracted Works shall be completed in accordance with the requirements of Party A and shall be completed in a timely manner.
Article 15 Entry into force and termination of the contract
15.1 This contract shall enter into force on the date of signing and stamping or signing by both parties;
15.2 This contract shall be terminated after both parties have completed the agreed work and the payment for the project has been settled.
Article 16 Number of copies of the contract
16.1 This contract shall be executed in duplicate with equal validity and shall be kept by Party A and Party B respectively.
Party A (seal): Party B (seal):
Signature of Party A's representative: ? Signature of the representative of Party B:
Contact telephone:? Contact telephone:
Date: ? Contact telephone:
Date: January 1, 2012 Date: April 1, 2012 Date: March 1, 2012 Date: April 1, 2012 Date: April 1, 2012 January 1, 2012 Date.