Engineering warranty deposit 5% return time is when

A, engineering warranty 5% return time is when? Construction projects in general the contractor and the contractor will agree on the warranty period (generally one year), the warranty is generally paid after the expiration of the warranty period. However, at the same time, the law has made a minimum quality warranty period for construction works. For example, the Measures for the Quality Warranty of Building Construction Works (referred to as the Measures) stipulates that, under normal conditions of use, the minimum warranty period for building construction works shall be as follows: The warranty deposit shall be allowed to be returned after the warranty period of the works, and in fact, the payment of the warranty deposit of the works shall be refunded to the contractors after the period of defective quality of the works, 1. The foundation works and the main structural works for the works as stipulated by the design documents of the works for a Reasonable service life; 2, roof waterproofing works, waterproofing requirements of the bathroom, room and leakage prevention of external wall surfaces, for 5 years; 3, heating and cooling system, for 2 heating and cooling periods; 4, electrical piping, water supply and drainage piping, equipment installation, for 2 years; 5, renovation works, for 2 years. The warranty period for other items is agreed upon by the construction unit and the builder. Warranty and warranty is not necessarily related to the contracting party to require the contractor to pay (or withhold from the project) warranty has a certain degree of reasonableness, but the two sides have to agree with the provisions of the law on the warranty period is not in conflict. If the contract only agreed to warranty according to national regulations, no agreement on the warranty, you can always ask the contractor to pay. Of course, we must also specifically analyze the content of the contract. Second, the quality of the project The new rules 1, the first clear defects liability of up to 2 years. Defects liability period is directly related to the return of the project quality deposit time, the relationship between the contractor's interests. In practice, the contractor often intentionally or unintentionally will be the project quality warranty period and the return of the project warranty linked to the requirements of the quality of the project warranty period expires, before the return of the warranty. However, according to the "construction project quality management regulations", infrastructure projects, housing construction of foundation works and the main structure of the minimum quality warranty period for the design documents of the project's reasonable service life. Therefore, if the contractor's request is followed, then the warranty will have to wait until the end of the project's life before it can be recovered, which is obviously unfair to the contractor, and this has resulted in a large number of disputes over the return of the warranty. Although the Measures stipulate that the defects liability period is generally six months, twelve months or twenty-four months, specifically can be agreed by the contracting parties in the contract, but did not specify the maximum defects liability period. In the contracting parties did not agree on the defects liability period, the warranty should be returned in the end when. Judicial practice of the court around the point of view is not uniform (2 years, 5 years as the longest warranty return period of the case have appeared). The new "measures" stipulates that the defects liability period is generally 1 year, the longest not more than 2 years, by the issuer, the contracting parties agreed in the contract. This is the first time the state formally on the defects liability period of the longest period of clarity, will be conducive to reducing the warranty deposit return disputes, alleviate the contractor is owed the project tail payment situation. 2, has paid the performance bond, shall not be set aside at the same time the project warranty. Article 6 of the Measures, before the completion of the project, has paid a performance bond, the contractor shall not be reserved at the same time the quality of the project security deposit. The use of construction quality assurance guarantee, construction quality insurance and other means of guarantee, the contractor shall not retain the deposit. Among them, about has paid the performance bond, may not at the same time set aside the construction quality guarantee deposit provisions, first from the "clean up bond notice"; Has used other guarantee methods, may not set aside the security deposit of the provisions of the previous "old measures" of the original provisions. According to the 2013 version of the construction contract model text, the quality of the deposit is withheld, there are two main ways: (a) one by one withholding, that is, the contractor in the payment of progress of the project by the proportion of withholding; (b) a one-time withholding, that is, the contractor in the completion of the project settlement of a one-time withholding of the quality of the deposit. In the case of the contract parties have not otherwise agreed, in principle, the first way to apply, that is, in the payment of progress of the project by withholding. This is also the practice of the contractor most often used in the quality assurance deposit withholding. However, if in practice the contractor has submitted the performance bond according to the contract agreement, this conventional way of withholding the warranty deposit will conflict with the Measures on the completion of the performance bond has been paid before the completion of the project shall not at the same time withhold the provisions of the warranty deposit. From the legality of the consideration, the future contractor should try to use in the completion of the project settlement of a one-time withholding of the warranty, or the use of the completion of the project after acceptance, the contractor is required to submit the quality of the way of guarantee. 3, the project quality guarantee reserve ratio is not higher than 5% of the total amount of the settlement of the project quality guarantee reserve ratio is not higher than 5% of the total amount of the settlement of the project quality guarantee reserve ratio is also from the "clean-up bond notice" in the requirements. The Old Measures" does not require the mandatory requirement of the proportion of the project quality assurance deposit reserved, but only the use of government investment in construction projects according to the total amount of the settlement of the project price of 5% or so of the proportion of the deposit reserved for social investment projects can refer to the implementation of the project. In practice, although most of the projects have not exceeded 5% of the proportion of the warranty, but for some new or risky projects, the contractor will still set aside a larger proportion of the project warranty, as a risk control measures for its projects. In the current highly competitive building construction industry, many engineering contracting projects in the contractor's net profit is less than 5%, set aside too high engineering warranty will undoubtedly let the contractor to bear too much financial pressure. Moreover, the construction warranty deposit is not essentially a warranty cost, but only a guarantee measure. To this end, the "measures" in the limitations of the project quality guarantee deposit reserved proportion at the same time, the implementation of the bank guarantee system, the provisions of the contractor can be a bank guarantee instead of reserved deposit, and the amount of the guarantee shall not be higher than the total amount of the settlement of the project price of 5%. This move will greatly reduce the construction company's capital consumption and cash flow pressure, significantly reduce the burden on construction companies. 4, reserved for the project warranty can be hosted by a third party "Measures" provides that the social investment projects using the reserved deposit method, the contracting parties can agree to deposit by the "third party" financial institutions hosting. Although the "Old Measures" on the hosting of the project warranty has similar provisions, but the "Measures" this time especially emphasized the hosting financial institutions "third-party" attributes. Hopefully, through the supervision of the third-party custodian institutions, to realize the dedicated funds of the project warranty, to avoid the delayed return of the warranty, to solve the contractor misappropriation, retention of the project warranty deposit led to the construction enterprise rights and interests of the situation. However, because the provisions are not mandatory, whether the practice can be smoothly accepted is not optimistic. Before the introduction of the Measures (especially after the introduction of the "clean-up bond notice"), some provinces for the third-party trusteeship of the project warranty has been more specific measures. For example, Jilin Province provides that the warranty deposit should be deposited in a third-party financial institution, and signed the "Construction Project Quality Warranty Deposit Escrow Agreement". Before the completion and acceptance of the construction project, the construction unit shall open a special account in the third-party financial institution and deposit the quality guarantee deposit in accordance with the standards stipulated in this Law, and the construction unit may deposit a one-time transfer from the settlement price of the project into the account opened by the construction unit for the project that has not been settled. The quality guarantee deposit shall only be used to pay for the cost of repairs due to defects caused by the contractor, and shall not be squeezed or misappropriated by any unit or individual. Construction quality supervision agencies on the use of quality assurance deposit, the return of the implementation of unified supervision and management. 5, increase the default liability for late return of the project quality assurance deposit "Measures" Article 3 provides that the contractor should be clear in the bidding documents, such as deposit reservation, return, and with the contractor in the terms of the contract on the following matters relating to the deposit agreement: (1) deposit reservation, return method (2) deposit reservation ratio, period (3) deposit whether to pay interest, such as the payment of interest, the calculation of interest (4) Duration and calculation of defects liability period (5) Procedures for handling disputes over reservation and return of security deposit, quality and cost of maintenance (6) Claims for defects within the defects liability period (7) Default payment for late return of the security deposit Payment and liability for defaults Among them, item (7) is a new content of the Measures. The security deposit, as a part of the payment for the project, shall normally be paid when it is not paid after the due date. The warranty deposit, as part of the project payment, should normally be applied to the default liability of the contractor for late payment of project payment in the project contract. In the current engineering construction industry is in a buyer's market, separate agreement higher than the default liability for late payment of construction money, for the contractor is not very realistic. More realistic approach is that the relevant state departments in the development of new engineering contract model text, set the default liability for late return of construction quality assurance deposit normative provisions, in order to gradually promote the application. The development of engineering quality assurance deposit needs to be paid in accordance with the rules and regulations, sign the contract, the contract A and B should be in accordance with the contents of the contract to fulfill their respective responsibilities. The surrender of the project quality guarantee deposit also needs to be delivered on a regular basis, not to violate the contract agreement. A and B in the work period should also play their respective roles, speak quality work to do everything to minimize the emergence of quality accidents.