With the continuous development of the spirit of the rule of law, people pay more and more attention to contracts, and there are more and more types of contracts. The contract is both a guarantee and a constraint for both parties. So how is the general contracting drafted? The following is a sample of construction and maintenance contract I collected for reference only. Let's have a look.
Building Maintenance Contract 1 Owner: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
In order to clarify the responsibilities and obligations of Party A and Party B in the process of storey-adding construction, this contract is signed on the principle of voluntariness, fairness and mutual benefit, so that both parties can make a joint commitment and cooperate happily.
1. Project name and scale: on the basis of the existing four-and-a-half floors, add two-and-a-half floors and the main staircase project.
2. Project location: Longtai 4th Street (No.30).
3. Contract form: excluding the contract project, that is, Party A is responsible for all the building materials needed for adding floors, and Party B is responsible for the equipment, tools and labor (including carpentry) needed for construction.
4. Contract unit price: the construction area is 56.00 yuan /m2 (including carpentry, formwork, iron wire and nails, etc.). And everything needed for the construction), after the project is completed, it will be calculated according to the facts. Clean the room after the construction of each floor. The above unit price does not include the artificial salary of the cover and parapet after the top-level cast-in-place is completed.
Verb (abbreviation of verb) payment method: Party A pays 90% of the contract unit price when Party B completes the main body of each floor, and Party A pays the remaining construction wages to Party B in one lump sum when Party B completes the main body project without violating the construction contract and project quality problems.
6. Party A is responsible for the supply of water and electricity materials to ensure the normal construction of Party B. ..
Seven, Party B in the construction process, must be safe and civilized, according to the construction and installation operation procedures, put an end to safety accidents and technical hidden dangers. In case of safety accidents and technical mistakes, Party B shall be responsible. In the process of construction, if Party A finds unsafe factors, it shall promptly remind Party B and rectify them.
Eight. Matters not covered in this contract shall be settled by both parties through consultation.
Nine. This contract is made in duplicate, one for each party.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Building Maintenance Contract 2 Party A: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
At present, Party A has contracted the white concrete pavement project of the factory area to Party B for construction. In order to clarify the rights and obligations of both parties, this contract is hereby signed, and both parties are expected to abide by it. The terms of the contract are as follows:
1. The project is located in Xinhua Power Plant, datong district, Daqing City.
Second, the total engineering quantity is _ _ _ _ _ _ _ _ _ square meters.
Third, the project contracting form is general contracting.
Four, the project cost per square meter is _ _ _ _ _ _ yuan, and the total project cost is determined according to the measured area at the end of construction.
Five, the project increases the equipment allocation fee by 20xx yuan.
6. This project started on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Seven. Payment method: After Party B's personnel, machinery and materials enter the site, Party A will pay 30% of the total project price; When Party B completes half of the total project amount, Party A will allocate 30% of the total project price; The remaining 40% of the project payment shall be paid to Party B in one lump sum after Party B's completion and acceptance.
Eight, the concrete used in the project is C30, and the materials used must meet the specification requirements, among which the cement used in the project must be the national inspection-free ordinary portland cement.
9. When entering the construction site, Party B shall abide by the company's factory rules and regulations, take good care of the company's property and conduct civilized construction. If the company's property is damaged, Party B shall pay compensation according to the price.
X. When entering the construction site, Party B shall pay attention to safety construction, implement safety construction regulations and eliminate unsafe hidden dangers. In case of any safety accident during construction, Party B shall be responsible for it, which has nothing to do with Party A.. ..
XI。 Matters not covered in this contract shall be implemented in accordance with the Building Law of People's Republic of China (PRC) and Code for Quality Acceptance of Highway Engineering.
This contract is made in triplicate and shall come into effect as of the date of signature.
Party A:
Party B:
Xx year x month xx day
House Maintenance Contract III: _ _ _ _ _ (hereinafter referred to as Party A)
Contractor: _ _ _ _ _ _ (hereinafter referred to as Party B)
According to the Economic Contract Law of the People's Republic of China, the Regulations on the Contract of Construction and Installation Projects and relevant regulations, Party A is willing to contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(1) Project
1, project name:
2. Project address:
3, the scope of the project:
4. Contract fee: _ _ _ _ _ _ _ Yuan (in words: _ _ _ _ _ _)
(2) duration of the project
According to this project, the total construction period is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. (The construction period shall be postponed accordingly after the rainy days and special circumstances of force majeure require the visa of Party A's representative). The commencement date is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) The completion quality of this project is a one-time qualified project.
Party B must carry out the construction in strict accordance with the construction norms, regulations and standards promulgated by the state.
(4) Payment and settlement of project price
The project payment shall be paid according to the schedule, and the specific amount shall be negotiated by both parties.
(5) Other agreements.
1. Party A's safety responsibilities and rights.
(1) Party A is responsible for formulating safety production rules and regulations and operating procedures on the construction site;
(2) Party A has the right to require Party B to strictly abide by the laws, regulations, standards, rules and regulations and operating procedures of production safety, and be familiar with accident prevention measures and emergency plans;
(3) The management of Party A has the right to stop the illegal operation of Party B's personnel and punish them according to regulations;
(4) Party A has the right to order Party B's personnel with poor safety awareness to leave.
2. Responsibilities and rights of Party B
(1) Party B is the person directly responsible for production safety in the construction process, and must strictly implement Party A's rules and regulations on production safety;
(2) Party B is responsible for handling medical and industrial injury social insurance for all Party B's installation and construction personnel, and purchasing appropriate personal accident insurance for the personnel engaged in highly dangerous work as required. Personal injury or death caused by illegal operation during construction shall be borne by Party B;
(3) Party B shall be fully responsible for the on-site installation and construction, and Party B's installation and construction personnel shall not engage in illegal operation, risky operation or fatigue operation, and do a good job of protection according to regulations;
(4) Party B's personnel at the construction site must be equipped with complete safety protection articles, and those who cannot meet the needs of safe construction are not allowed to enter the construction site.
(VI) For other matters not covered, both parties may sign a supplementary agreement, which has the same legal effect as this contract.
Second, the main qualification of the construction contract signing of the construction project
In the process of signing the contract, everyone is very concerned about the content of the contract. For construction enterprises, the construction unit is God, and the review of the qualification of the contractor is neglected. Sometimes, in order to promote cooperation or out of emotion, it is often "going through the motions", which may easily lead to defects in the subject, making the contract invalid or difficult to perform, and failing to achieve the expected purpose.
Therefore, we should pay attention to the examination of the qualification of the contract subject. First of all, we should examine the business license and annual inspection of the other party to understand the legitimacy of its subject, such as whether it is legally registered, whether its license has been revoked without annual inspection, whether it has economic ability and whether the registered capital is in place. In terms of subject qualification, we should focus on the business license of the other party and the certification materials of the enterprises participating in the annual inspection.
Third, the construction contract matters needing attention
First of all, it is necessary to examine whether the contents of the contract are legal, whether there is any violation of the mandatory provisions of laws and regulations, whether there is any contract that harms the public interests or harms the national interests by means of fraud or coercion, and whether there is any major misunderstanding and obviously unfair's situation.
Secondly, it is necessary to examine whether the main terms of the contract are complete, clear and enforceable. Each review department screens the contract terms according to its own responsibilities and the company's resources to confirm whether it is complete, whether the statement is clear and feasible, whether the company's existing qualifications can be met, and lists matters needing attention. The contents of the construction contract should pay special attention to the following contents:
1, whether the definition of construction scope is consistent with the tender offer or contract price and whether there is a dynamic agreement;
2. Whether the rights and obligations of both parties are clear, whether the design documents and original materials provided by users are clear, and whether it can affect the construction period;
3, the user's technical standards and quality, safety and other target requirements, can meet and matters needing attention;
4. Price, payment terms and methods, settlement methods, and whether the company can meet and accept them;
5. Whether the claim procedure is clear and feasible;
6. Whether the contract adopts standard contract, special terms and supplementary terms, and whether the expression is accurate and clear. The wording of the contract does not need to be gorgeous and perfect, but it must be clear, simple and clear, avoiding meaningless empty talk, and there can be no contradiction between the terms of the contract. The clarity of the terms of the contract means that the wording should reach the level that both parties need not negotiate further;
7. Whether the dispute settlement agreement is legal and effective and whether there are risks;
8. Identify new, unfamiliar and inexperienced materials, equipment, construction technology, acceptance standards and special requirements other than routine, and make disclosure and guide performance;
9. Whether the liability for breach of contract is equivalent, and if there is serious liability for breach of contract, the matters needing attention should be clearly put forward. The equivalence of contract terms is an important content of the principle of fairness. Don't sign one-sided contracts with many obligations, heavy responsibilities and few rights. For example, the contract only stipulates how to deal with our breach of contract, but does not stipulate how to deal with the other party's breach of contract.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
20___ _ _ _ _ 20___ _ _ _ _ _ _ _ _
Client of House Maintenance Contract IV: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Contractor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Through friendly negotiation and based on the principle of mutual respect, Party A entrusts Party B to carry out the construction. In order to clarify the responsibilities of both parties and ensure the completion of the task, both parties jointly abide by the contract, and through consultation, the following agreement is signed for both parties to abide by and implement.
I. Main requirements:
(1) Project name: _ _ _ _ _ _ _ _
(2) Construction contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) Construction site: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(4) Floor height: the first floor is _ _ _ _ _ _ _ meters, the second floor is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(5) Total budgeted cost: _ _ _ _ _ _ _ _ _ _ _
(6) Method of providing technical data and drawings: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the construction time:
This contract shall come into effect as of _ _ _ _ _ _ _ _ _ _.
Three. terms of payment
Four, construction, demolition and design changes:
1. Party B shall organize the construction according to the drawings and requirements provided by Party A. ..
2. During the construction, Party A shall actively cooperate with Party B's on-site coordination.
3. During the construction process, if the work is stopped due to Party A's reasons, Party A shall bear the living expenses and lost time expenses of Party B's construction personnel during the work stoppage.
4. In case of technical changes in the construction drawings, Party A shall deliver the changed drawings to Party B in time. If the delivery of the changed drawings is delayed, Party A shall bear the expenses such as rework and material loss.
V. Project Delivery and Warranty:
1. Party B shall notify Party A for acceptance within two days after the completion of the project. If it is not accepted within the time limit, if Party A uses it, Party B will pass the acceptance.
2. In the process of acceptance, if quality problems caused by Party A are found and suggestions for rework or repair are put forward, Party B shall charge corresponding actual expenses such as labor costs and material costs. If quality problems are caused by Party B, Party B shall handle them free of charge.
VI. Project Leader:
Party A is appointed as the person in charge of the site, and the person appointed by Party B is the person in charge of the site. Both parties shall perform the provisions of this contract.
Seven, special instructions:
If the project site needs power supply, it should be arranged within a safe distance and insulated. On-site installation positioning and other installation coordination matters shall be solved by Party A. ..
Eight, other terms:
1. When examining and approving the contents involved in the letter of commitment, the entrusting party shall carefully examine every detail of the project and sign or approve the explanation after examination and approval. If it is confirmed to be wrong, the entrusting party shall bear all the responsibilities and contents.
2. After the contract is signed, if there is any unilateral breach of contract, all responsibilities shall be borne by the breaching party. If either party needs to change this contract or other special requirements, it must be agreed by both parties through consultation. Sign a supplementary contract separately.
Nine. Dispute resolution:
In case of any dispute during the execution of this contract, both parties shall try their best to solve it through negotiation. If negotiation fails, either party may arbitrate in an arbitration institution with jurisdiction or bring a lawsuit in court.
1. The annexes and supplementary contracts of this contract have the same legal effect as this contract.
2. This contract is made in quadruplicate and shall come into effect after being signed and sealed by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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