Construction Supervision Contract:
The full name of the construction supervision contract is called construction supervision contract, also referred to as the supervision contract, refers to the construction unit to hire a supervision unit on behalf of the management of the project, to clarify the rights and obligations of the two sides of the agreement. The construction unit called the principal, supervision unit called the trustee.
Special conditions:
As the standard conditions apply to all construction supervision commissioned, so some of the provisions of the more general, the need to sign a specific project supervision commissioning contract, on the geographical characteristics, professional characteristics and commissioned the supervision of the characteristics of the project, the standard conditions of some of the provisions of the supplement, amendment. Such as the commissioning of supervision of the content of the work, the standard conditions that the provisions of the terms are not comprehensive enough to allow the special conditions to increase the content of the terms agreed upon by the two sides.
The so-called "complementary" refers to the standard conditions of some of the provisions of the express provisions in the provisions of the principle of determining the special conditions of the provisions of the further clarification of the specific content, so that the two conditions of the same serial number of the provisions of the same *** with the composition of a complete article. For example, the standard conditions stipulate that "the applicable laws of the supervision contract are national laws and administrative regulations, as well as departmental regulations agreed upon in the special conditions, or local regulations and local rules of the place where the project is located." This requires the special conditions of the same serial number of terms written in the name of departmental regulations and local regulations should be followed, as both parties must comply with the conditions.
The so-called "modification" refers to the standard conditions of the content of the program, if the two sides think it is not appropriate, you can agree to modify. For example, the standard conditions stipulate that "the commissioner of the payment notice submitted by the supervisor of the honorarium or part of the honorarium project objections, should be received within 24 hours of the notice of payment to the supervisor to issue a notice of objection." If the client believes that this time is too short, after consultation and agreement with the supervisor, the limitation period can be extended within the same serial number of the special conditions.
Supervision contract in the "compensation rate" refers to what
Supervision contract amount, generally according to the supervision of the project's "engineering costs" as the basis, and then take a certain rate to determine the rate, this rate, is the "compensation rate".
Supervision contract is entrusted with the task of fulfilling the code of conduct of the parties, so the content should be comprehensive, rigorous wording. The structure of the contract terms include the following aspects:
(a) the definition of the words involved in the contract and follow the regulations;
(b) the obligations of the Supervisor;
(c) the obligations of the client;
(d) the Supervisor's rights;
(e) the client's rights;
(f) the Supervisor's liability;
(f) the Supervisor's responsibility. )
(vii) Liability of the Principal;
(viii) Entry into force, alteration and termination of the contract;
(ix) Remuneration of the Supervisor;
(x) Miscellaneous;
(xi) Settlement of disputes.
What is the working day referred to in the construction contractConstruction contracts generally use calendar days, that is, rain, snow and vacation are counted on the working day refers to the number of days of work, rain stoppages do not count
2012 version of the construction supervision contract model text, supervision services refers toIn addition to the special conditions otherwise agreed upon, the supervision of the work of the service includes: (1) receipt of the project design documents, preparation of supervision planning, and the first time the project design documents, and the first time the project design documents are received. Preparation of supervision planning and reporting to the client 7 days before the first site meeting. According to the relevant regulations and supervision needs, prepare supervision implementation rules; (2) Familiarize with the project design documents, and participate in the drawing review and design submission meeting hosted by the client; (3) Participate in the first site meeting hosted by the client; preside over the supervision meeting and host or participate in thematic meetings according to the needs of the project; (4) Review the construction contractor's submitted construction design, focusing on reviewing quality and safety technical measures, special construction plans and special construction measures; (5) Review the construction organization design, with emphasis on quality, safety and technical measures, special construction plans and special construction plans. (4) Review the construction organization design submitted by the construction contractor, focusing on the conformity of the quality and safety technical measures, special construction plan and the mandatory standards for engineering construction; (5) Check the construction contractor's project quality, safety production management system and organizational structure and personnel qualifications; (6) Check the staffing of the full-time safety production management personnel of the construction contractor; (7) Review the construction progress plan submitted by the construction contractor, and check the adjustments made by the contractor to the construction progress plan; (8) Check (8) Check the laboratory of the construction contractor; (9) Review the qualification conditions of the construction subcontractor; (10) Check the results of the construction contractor's construction measurement and placement; (11) Review the conditions for the commencement of the project, and issue the order for the commencement of the project if the conditions are met; (12) Review the validity and conformity of the quality documents of the project materials, fittings and equipments submitted by the construction contractor, and take the parallel test or sampling test for the materials used for the project in accordance with the regulations; (13) Check the quality of the construction materials, fittings and equipments submitted by the construction contractor. (13) review the construction contractor to submit the application for payment of construction funds, issue or issue a certificate of payment of construction funds, and report to the principal for review and approval; (14) in the inspection, observation and inspection process, found that the quality of the project, the construction safety of the existence of accidents and hidden dangers, the construction contractor is required to rectify and report to the commissioner; (15) with the consent of the commissioner, the issuance of the order for suspension of the project and resumption of construction orders (16) Examine the demonstration materials submitted by the construction contractor for adopting new materials, new techniques, new technologies and new equipments as well as the relevant acceptance standards; (17) Accept the concealed works and sub-parts of the works; (18) Examine the applications for changes in the works submitted by the construction contractor, and coordinate to deal with the adjustment of the progress of construction, claims for expenses and disputes over the contract, etc.; (19) Examine the application for acceptance of the completion of the works submitted by the construction contractor. (19) review the construction contractor to submit the application for completion of acceptance, preparation of project quality assessment report; (20) to participate in the acceptance of the completion of the project, signing the acceptance of the completion of the opinion; (21) review the construction contractor to submit the application for completion of the settlement and reported to the commissioner; (22) the preparation and arrangement of the archived documents of the project supervision and reported to the commissioner
What is meant by the change of the guest conditions of the labor contractArticle 40 of the Labor Contract Law provides that: under one of the following circumstances, the employer shall give 30 days' notice in writing to the workers. (iii) If there is a significant change in the objective circumstances under which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation. The third paragraph of which stipulates the "significant changes in the objective circumstances" of the legal situation.
First, the "significant changes in the objective circumstances" of the termination of the conditions from the civil law of the "change of circumstances" principle. The so-called "situation", refers to all the objective facts as the basis of the contractual legal behavior, including political, economic, legal and commercial all kinds of objective conditions, specific such as: national policy, the current legal provisions, prices, currency value, exchange rates, domestic and international market operating conditions, etc.; the so-called "changes ", refers to this situation in the objective abnormal changes. Such a change can be economic such as inflation, huge fluctuations in exchange rates, etc.; it can also be a change in non-economic factors, such as blockades and embargoes caused by wars, epidemics and so on. Whether a certain fact constitutes a change of circumstances should be judged by whether it leads to the loss of the basis on which the contract was established, whether it leads to the failure of the parties' purpose to be realized, and whether it creates an obstacle to the relationship of consideration. When a contract has been validly established and a change of circumstances occurs for reasons not attributable to the parties, resulting in the shaking or loss of the basis of the contract, it would be unfair to continue to maintain the original effect of the contract, and at this time the law permits the subject of the contract to change the content of the contract or to terminate the contract. This principle was invoked in the labor law, which created the termination clause of "significant change in objective circumstances", thus solving the deadlock in part of the labor management process. Based on the principle of change of circumstances, the "significant change in objective circumstances" must have actually occurred and have affected the continued performance of the labor contract. If the "objective circumstances" did not occur, or the so-called "objective circumstances" does not lead to the labor contract can not be performed, are not in line with the statutory circumstances of termination.
Second, in judicial practice, for the "objective circumstances have changed significantly" the definition of the specific circumstances has been relatively vague. In China's current labor law, the "significant changes in the objective circumstances" to make detailed provisions of the original Ministry of Labor "on & lt; Chinese people's **** and the State Labor Law & gt; a number of provisions of the note" Article 26, which clearly "objective circumstances "means: the occurrence of force majeure or the emergence of other circumstances that make all or part of the terms of the labor contract can not be fulfilled, such as relocation of enterprises, mergers, transfer of enterprise assets. In addition to this article, for other situations in the law does not expressly provide, so the main criteria for judging should be considered whether these circumstances are the labor contract is based on the objective circumstances, whether it is a significant change, whether it will lead to the labor contract can not be performed. If only the management of the employer's subjective decision or the leadership of the unilateral adjustment, it will be difficult to be recognized as a "significant change in the objective circumstances.
Third, even if there is in line with the legal provisions of the "objective circumstances", resulting in the labor contract can not continue to perform, does not mean that the employer can directly terminate the labor contract. According to labor laws and regulations, the employer needs to fulfill or meet at least the following procedures or conditions:
(a) Negotiation to change the contract
The employer should first of all negotiate with the workers to change the content of the labor contract. This is a link that should not be missing, otherwise it will directly lead to the termination of the act of violation, but this is also many enterprises in the daily operation of the process is easy to ignore. There are many forms of negotiation to change the labor contract, in addition to adjusting the position, but also includes changes in wages, working hours, work content, such as negotiation to reduce the salary, fixed working hours to flexible working hours or shorten the working hours and so on. It should be noted that, in the negotiation process, should be retained with the employee has negotiated the evidence, such as both sides signed the minutes of the meeting, the other party is clearly aware of the call recording, meeting or seminar video, etc..
(2) Advance notice or payment of termination fee
In addition to the consultation on the change of labor contract, the employer should also notify the workers in writing thirty days in advance of the change of the labor contract, what kind of objective circumstances, the degree of significance of the situation, as well as the result of having to terminate the contract of employment. If the employer fails to give thirty days' notice, the employer is required to pay an additional month's salary as compensation to the worker, which shall be determined in accordance with the worker's previous month's salary. The same as the first item, notice or payment of termination of contract should be retained by the employee did receive signed evidence.
(C) Payment of economic compensation
If the employer terminates the labor contract in accordance with the "significant changes in the objective circumstances", the employer shall pay economic compensation to the worker in accordance with the law, and the economic compensation shall be paid to the worker according to the standard of one month's salary for every year the worker has worked for the employer, and for six months or less than one year, one month's salary shall be paid to the worker according to the standard of the last month's salary. If more than six months is less than one year, it shall be calculated according to one year; if less than six months is less than six months, the economic compensation shall be paid to the laborer at half a month's salary.
(d) The conditions of economic layoffs do not apply
Economic layoffs are often the employer's operation of special circumstances, resulting in large-scale layoffs, in fact, the reasons for economic layoffs and major changes in the objective circumstances of the reasons for lifting some of the overlap, when the objective circumstances of the major changes but the need to reduce the staff of more than twenty people, or less than twenty people, but accounted for less than twenty percent of the total number of employees of the enterprise, the economic compensation. When there is a significant change in the objective circumstances, but the need to reduce the number of more than twenty people, or reduce less than twenty people, but accounted for more than ten percent of the total number of employees of the enterprise, then, should be in accordance with the provisions of the economic layoffs and procedures, and can not be discharged in accordance with the occurrence of a significant change in the objective circumstances.
(E) restrictive conditions
Workers have the following special circumstances, the employer can not be terminated in accordance with the significant changes in the objective situation, including: workers engaged in exposure to occupational hazards of occupational disease did not carry out occupational health checks before leaving work; suspected occupational disease patients in the diagnosis or medical observation; workers in the unit suffered from occupational diseases or work-related injuries and was confirmed that the loss or partial loss of working capacity. If the worker has lost or partially lost his/her working ability; if the worker is sick or injured not due to work and within the prescribed medical treatment period; if the female worker is in the period of pregnancy, maternity or breastfeeding; and if the worker has worked continuously for the organization for fifteen years or more and is less than five years away from the legal retirement age. When the worker exists in the above circumstances, the law in order to protect the basic rights and interests of workers, and therefore prohibit the employer from exercising the right of unilateral termination. That is, when the structure is poured to place the fittings for the masonry superstructure when the lap. In order to facilitate the installation of external engineering equipment foundation fixed. Pre-embedded parts are mostly made of metal, such as: steel or cast iron, but also available wood, plastic and other non-metallic rigid materials.
1, embedded parts: is set aside in the structure by the steel plate and anchoring tendons of the components, used to connect the structural components or non-structural components of the fixed purpose. For example, to do after the process of fixing (such as doors, windows, curtain walls, water pipes, gas pipes, etc.) with the connectors. This is a lot of parts in the concrete structure and steel structure connection.
2, buried pipe: in the structure of the tube (commonly steel pipe cast iron pipe or PVC pipe) used to wear pipe or leave holes for equipment service channel. For example, in the late wear a variety of pipelines with (such as strong and weak electricity, water, gas, etc.). Commonly used in concrete walls and beams on the pipe reserved holes.
3: buried bolts: is in the structure, once the bolt buried in the structure, the upper part of the bolt left out of the wire buckle used to fix the components, is to play a role in connecting the fixed. Commonly reserved bolts for equipment.
What is the unit price of the contract set of construction exceeds the standard
If the contract agreed to set an area of 100 square meters, according to the provisions of the sale of commercial housing, without changing the design and planning allows 3% of the area error, that is, more than 103 square meters outside of the area is the exceeding of the standard.
The unit price of the excess area is the unit price of the excess floor area.
The floor area is a real estate term, which is directly related to the calculation of usable area and utilization rate.
The definition and measurement may not be the same in different countries and regions.
GFA is generally larger than usable area.
The floor area is an important technical and economic indicator in the field of construction engineering, and is also one of the important indicators of national macro-control.
The building area refers to the horizontal area of the structural periphery of the building above the foot of the outer wall, which is a physical indicator to reflect the scale of construction of the house building in square meters.
What is the wall pipe in the building
It is a strong drainage pipe, forced drainage, basement collection wells with a pump to the outdoor ground drainage pressure pipe
What is the boda boda line in the building?Boda, English "boundary", said the boundary, refers to the stone walking edge.
Boda line, also known as wave guide line, also known as lace or edge line, etc., mainly used in the ground around the perimeter or aisle entrance and other places. Generally for the block material floor (floor) surface along the wall around the decorative line made; width varies. Floor practice to join the overall ground color with different lines to increase the design effect.
Extend a little bit is between the two floor tiles to play a compartmentalized and decorative role of the rectangular floor tiles, similar to the decorative role of the waistline of the wall tiles. Figuratively speaking, the boda line is equivalent to the wall skirting, only to put the wall to become the same as the ground. Boda line is mainly in order to make the living room floor more rich changes, look special artistic flavor of some lines. The material is mainly used and some of the main color of the floor tiles have some distinction between the processing of ceramic tiles, generally with the processing of dark tiles, and now there are antique special matching boda boda to choose from.
The garden is generally for stone edging, become boda line.
Boda line in CAD drawing commonly used fine solid line drawing.
What does DS mean in building electrics?
It refers to the way the lamps and lanterns are installed --- pipe hanging type