1. general agreement
1.1 definition of words
the following words in general contract terms and special contract terms shall have the meanings given by this clause.
1.1.1 contract
1.1.1.1 contract document (or contract): refers to contract agreement, letter of acceptance, tender letter and its appendix, special contract terms, general contract terms, technical standards and requirements, drawings, priced bill of quantities and other contract documents.
1 .1.1.2 contract agreement: refers to the contract agreement referred to in clause 1.5.
1.1.1.3 bid-winning notice: refers to the letter that the employer informs the contractor of winning the bid.
1.1.1.4 tender letter: refers to the tender letter filled in and signed by the contractor as an integral part of the contract documents.
1.1.1.5 appendix to tender letter: refers to the appendix to tender letter attached to the tender letter to form the contract document.
1.1.1.6 technical standards and requirements: refers to the documents named technical standards and requirements which constitute an integral part of the contract documents, including the modifications or supplements agreed by both parties to the contract.
1.1.1.7 drawings: refer to the engineering drawings included in the contract, and any supplementary and modified drawings provided by the employer according to the stipulations of the United nations, including supporting descriptions.
1.1.1.8 priced bill of quantities: refers to the bill of quantities which forms part of the contract documents and is filled in and marked with the price by the self-contractor according to the specified format and requirements.
1.1.1.9 other contract documents: refer to other documents that constitute the contract documents confirmed by both parties to the contract.
1.1.2 contract parties and personnel
1.1.2.1 contract parties: refer to the employer and/or the contractor.
1.1.2.2 employer: refers to the party specified in the special contract terms and signed with the contractor in the contract agreement. 1.1.2.3 contractor: refers to the party who signed the contract agreement with the employer.
1.1.2.4 contractor's project manager: refers to the person in charge of the contractor's construction site.
1.1.2.5 subcontractor: refers to the subcontractor who subcontracts a part of the project from the contractor and signs a subcontract with it.
1.1.2.6 supervisor: refers to the legal person or other organization specified in the special contract terms and entrusted by the employer to manage the performance of the contract.
1.1.2.7 chief supervision engineer (director): refers to the person in charge who is appointed by the supervisor to be resident in the construction site to manage the contract performance.
1.1.3 engineering and equipment
1.1.3.1 engineering: refers to permanent engineering and/or temporary engineering.
1.1.3.2 permanent project: refers to the project built according to the contract and handed over to the employer, including engineering equipment.
1.1.3.3 temporary works: refers to all kinds of temporary works built to complete the permanent works agreed in the contract, excluding construction equipment.
1.1.3.4 unit project: refers to the permanent project with a specific scope specified in the special contract terms.
1.1.3.5 engineering equipment: refers to electromechanical equipment, metal structural equipment, instruments and devices and other similar equipment and devices that constitute or plan to constitute a part of the permanent project.
1.1.3.6 construction equipment: refers to the equipment, appliances and other articles needed to complete the work agreed in the contract, excluding
temporary works and materials.
1.1.3.7 temporary facilities: refers to the temporary production and living facilities for completing the work agreed in the contract.
1.1.3.8 contractor's equipment: refers to the contractor's own construction equipment.
1.1.3.9 construction site (or site): refers to the site used for the construction of the contract project, and other sites designated as part of the construction site in the contract, including permanent land occupation and temporary land occupation.
1.1.3.1 permanent land occupation: refers to the land that needs to be permanently occupied for the implementation of the contract project as specified in the special contract terms. Temporary land occupation in 1.1.3.11: refers to the land that needs to be temporarily occupied for the implementation of the contract project as specified in the special contract terms.
1.1.4 Date
1.1.4.1 Commencement Notice: refers to the letter from the supervisor informing the contractor to start construction according to Clause 11.1.
1.1.4.2 commencement date: refers to the commencement date specified in the commencement notice issued by the supervisor according to clause 11.1.
1.1.4.3 time limit: refers to the time limit required to complete the contract project promised by the contractor in the tender letter, including the changes agreed in clauses 11.3, 11.4 and 11.6.
1.1.4.4 completion date: refers to the date when the construction period agreed in item 1.1.4.3 expires. The actual completion date is subject to the date stated in the project acceptance certificate.
1.1.4.5 defects liability period: refers to the time limit for performing the defects liability agreed in clause 19.2, and the specific time limit is stipulated in the special contract terms, including the extension according to clause 19.3.
1.1.4.6 benchmark date: refers to the date 28 days before the bidding deadline.
1.1.4.7 days: unless otherwise specified, it refers to calendar days. If the time is calculated by the day in the contract, it will not be counted on the first day, and will be counted from the next day. The deadline for the last day of the deadline is 24: on the same day.
1.1.5 contract price and expenses
1.1.5.1 signing contract price: refers to the total contract amount, including provisional sum and provisional valuation, stated in the contract agreement when signing the contract.
1.1.5.2 contract price: refers to the amount payable by the employer to the contractor after the contractor has completed all the contracting work including the defects liability period according to the contract, including the changes and adjustments made according to the contract during the performance of the contract.
1.1.5.3 expenses: refers to all reasonable expenses incurred or to be incurred for the performance of the contract, including management fees and other expenses to be shared, but excluding profits.
1.1.5.4 the provisional sum refers to the provisional sum listed in the priced bill of quantities, which is used for the construction that is uncertain or unpredictable at the time of signing the agreement, and the amount of materials, engineering equipment and services required, including the amount paid by the daywork.
1.1.5.5 provisional estimate: refers to the amount given by the employer in the bill of quantities to pay for materials, equipment and professional projects that are bound to happen but whose prices cannot be determined temporarily.
1.1.5.6 daywork: refers to a pricing method adopted for sporadic work, and payment is priced according to the daywork subhead in the contract and its single price.
1.1.5.7 quality deposit (or retention money); Refers to the amount used to guarantee the performance of the defect repair obligation within the defect liability period as agreed in Item 17.4.1.
1.1.6 other
1.1.6.1 written forms: contract documents, letters, telegrams, faxes and other forms that can tangibly express the contents contained.
1.2 language
except for special terms, the language used in the contract is Chinese. When necessary, special terms should be accompanied by Chinese notes.
1.3 laws
The laws applicable to the contract include laws, administrative regulations and departmental rules of the People's Republic of China, as well as local regulations, autonomous regulations, separate regulations and local government regulations of the project location.
1.4 priority of contract documents
the documents that make up the contract should explain each other and explain each other. Unless otherwise agreed in the special terms and conditions of the contract, the priority order of interpreting the contract documents is as follows:
(1) Contract Agreement:
(2) Letter of Acceptance:
(3) Tender Letter and Appendix to Tender Letter:
(4) Special terms and conditions of the contract:
(5) General terms and conditions of the contract;
(6) technical standards and requirements:
(7) drawings:
(8) priced bill of quantities:
(9) other contract documents.
1.5 contract agreement
the contractor shall sign the contract agreement with the employer at the time specified in the letter of acceptance. Unless otherwise stipulated by law or the contract, the contract will be released after the legal representatives of the employer and the contractor or their entrusted agents sign the contract agreement and affix the unit seal.
1.6 drawings and contractor's documents
1.6.1 Provision of drawings
Unless otherwise agreed in the special terms and conditions of the contract, the drawings shall be provided to the contractor within a reasonable period of time according to the quantity agreed in the contract. If the time limit for a project is delayed due to the Employer's failure to provide drawings on time, it shall be handled according to the agreement in Clause 11.3.
1.6.2 documents provided by the contractor
documents provided by the contractor as agreed in the special terms of the contract, including detailed drawings and processing drawings of some projects, shall be submitted by the contractor to the supervisor according to the agreed quantity and time limit. The supervisor shall reply within the time limit agreed in the special contract terms.
1.6.3 Modification of drawings
If the drawings need to be modified and supplemented, the supervisor shall, after obtaining the consent of the Employer, issue the modified drawings to the contractor within a reasonable period before the construction of the project or the corresponding parts of the project, and the specific issuance period shall be stipulated in the special contract terms. The contractor shall carry out the construction according to the revised drawings.
1.6.4 errors in drawings
if the contractor finds that there are obvious errors or omissions in the drawings provided by the employer, it shall promptly notify the supervisor. 1.6.5 custody of drawings and contractor's documents
both the supervisor and the contractor shall keep a complete set of drawings and contractor's documents at the construction site, including the agreed contents in items 1.6.1, 1.6.2 and 1.6.3.
1.7 contact
1.7.1 notices, approvals, certificates, instructions, requirements, requests, consents, opinions, determinations and decisions related to the contract shall be in written form.
1.7.2 notices, approvals, certificates, instructions, requirements, requests, consents, opinions, determinations and decisions on page 1.7.1 J shall be delivered to the designated place and recipients within the time limit stipulated in the contract, and the receipt formalities shall be handled.
1.8 assignment
unless otherwise agreed in the contract, a party may not assign all or part of its contractual rights to a third party or transfer all or part of its contractual obligations without the consent of the other party.
1.9 Bribery is forbidden
Both parties to a contract shall not seek improper benefits or damage the rights and interests of the other party by bribery or bribery in disguised form. If the other party suffers losses due to bribery, the actor shall compensate for the losses and bear corresponding legal responsibilities.
1.1 Fossils and cultural relics
1.1.1 All cultural relics and historic sites excavated at the construction site and other relics, fossils, coins or articles with geological research or archaeological value belong to the state. Once the above-mentioned cultural relics are found, the contractor shall take effective and reasonable protection measures to prevent any personnel from moving or damaging the above-mentioned articles, and immediately report to the local cultural relics administration department and notify the supervisor. The employer, supervisor and contractor shall take proper protection measures according to the requirements of the cultural relics administrative department, and the employer shall bear the resulting increase in expenses and/or delay in construction period.
1.1.2 if the contractor fails to report or conceal the cultural relics in time after discovering them, resulting in the loss or damage of the cultural relics, it shall compensate for the losses and bear corresponding legal responsibilities.
1.11 patented technology
1.11.1 The contractor shall bear the responsibilities arising from the infringement of patent rights or other intellectual property rights when using any materials, contractor's equipment, engineering equipment or construction technology, except those caused by complying with the design or technical standards and requirements provided by the Employer.
1.11.2 if the contractor uses patented technology in the bidding documents, the royalties of patented technology are included in the bidding quotation. 1.11.3 The Employer and the Supervisor shall not disclose the contractor's technical secrets and statements to others for the purpose other than the contract.
1.12 confidentiality of drawings and documents
1.12.1 without the consent of the employer, the contractor shall not disclose the drawings and documents to others or publicly publish and quote them for purposes other than the contract.
1.12.2 without the consent of the contractor, the employer and the supervisor shall not disclose the documents provided by the contractor to others or publicly publish and quote them for purposes other than the contract.
2. Obligations of the Employer
2.1 Abide by the law
The Employer shall abide by the law during the performance of the contract, and ensure that the Contractor is not liable for any responsibility caused by the Employer's violation of the law.
2.2 notice of commencement
the employer shall entrust the supervisor to issue a notice of commencement to the contractor as stipulated in clause 11.1.
2.3 provision of construction site
the employer shall provide the contractor with relevant information such as the construction site, underground pipelines and underground facilities in the construction site as agreed in the special contract terms, and guarantee the truthfulness, accuracy and completeness of the information.
2.4 assist the contractor to handle the certificates and approvals
the employer shall assist the contractor to handle the relevant construction certificates and approvals stipulated by law.
2.5 organizing design disclosure
the employer shall organize the design unit to make design disclosure to the contractor according to the contract schedule.
2.6 payment of contract price
the employer shall pay the contract price to the contractor in time as agreed in the contract.
2.7 organize the completion acceptance
the employer shall organize the completion acceptance in time according to the agreement.
2.8 other obligations
the employer shall perform other obligations stipulated in the contract.
3. Supervisor
3.1 Duties and powers of the supervisor
3.1.1 Entrusted by the employer, the supervisor enjoys the rights stipulated in the contract. Where the supervisor needs the prior approval of the Employer before exercising a certain right, but the general contract terms are not specified, it shall be specified in the special contract terms.
3.1.2 any instruction given by the supervisor shall be deemed to have been approved by the employer, but the supervisor has no right to exempt or change the rights, obligations and responsibilities of the employer and the contractor as agreed.
3.1.3 The obligations and responsibilities agreed in the contract shall not be relieved or relieved by the supervisor's examination or approval of the documents submitted by the contractor, the inspection and inspection of the project, materials and equipment, and the instructions given by the supervisor for implementation.
3.2 chief supervision engineer
the employer shall notify the contractor of the appointment of the chief supervision engineer before issuing the commencement notice. When the chief supervision engineer changes, he shall notify the contractor 14 days before the transfer. If the chief supervision engineer leaves the construction site for a short time, he shall appoint a representative to perform his duties and notify the contractor.
3.3 Supervisors
3.3.1 The chief supervision engineer may authorize other supervisors to perform one or more supervision tasks assigned by him. The chief supervision engineer shall notify the contractor of the names of the authorized supervisors and their authorized scope. Instructions issued by authorized supervisors within the scope of authorization shall be deemed to have been approved by the chief supervision engineer, and shall be the same as those issued by the chief supervision engineer.