企业常用模板    2021-09-04    69

Contract of Construction Project


合同编号:  Contract Number:

工程名称: Project Name:  


发包方(甲方): 工程设计顾问(北京)                                                                                

Employer (Party A): International Consulting Engineers ( Beijing) Limited  


承包方(乙方): 中寰艺高建筑装饰工程有限公司        

Contractor (Party B): Zhong Huanyigao Building Decoration Engineering Co. , Ltd  




In order to make definite of the rights, obligations and economic responsibilities of both parties during the construction, the parties, in accordance with The PRC Contract Law and Construction Engineering Contract Regulations and relevant provisions, agree to sign this contract.  



第一条  工程项目Article 1, Project item

1. 工程地点:  Project site:

2.  工程范围:  Scope of project

3.  工程造价:人民币     元整  (该造价为包工包料价)

Project cost: PMB   Yuan only(Cost of this contract is the contract price for labor and materials)  



第二条施工准备  Article 2, Preparation for construction


Party A shall assists party B to deal with the procedures of temporary hydropower and vertical transportation and provide architectural drawings and documents of relevant concealed obstacles .  


2.乙方:. Party B:

① 负责施工区域的临时设施、水电管线的铺设、管理、使用和维修工作;

Be responsible for the works of laying, management, use and maintenance of the temporary facilities, water and electricity pipeline in the construction area.  


② 组织施工管理人员和材料、施工机械进场;  

Organize construction management staff and construction materials, construction machinery enter the Site.  


③ 负责在装修期间保持公共地方清洁及每天负责将装物料弃置于由管理处指定的垃圾收集处。  

Be responsible for keeping public places clean during construction and packing construction material and leaving in the garbage collection place designated by management office each day.  



第三条工程期限 Article 3  Period of Construction

1. 根据工期和使用需要,商定工程总施工期为    天(日历天),自   年   月    日开工至   年   月    日完工

According to the period of construction and the use need,  the total construction period agreed shall be         days (Calendar days), start from the date of     and complete on the date of    .  



Construction period shall be prolonged upon Party A site representative's confirmation when the matters occur as follows.  

① 按施工准备规定,甲方未协助乙方办理临时水电及垂直运输,影响进场施工;

According to the requirements of construction preparation, Party A fail tot assist Party B to apply for temporary water and electricity and vertical transportation and have an impact on Party B construction;  


② 因甲方提出增减项目而造成重大设计变更,因而影响进度;

The material modification or change of design due to the party A’ s requirement of addition or deletion of project have the effect of hindrance on the progress of works.  


③ 未按合同规定拨付预付款、工程款而影响施工;

Party A fail to pay the advance payment and construction cost to party B and impact the construction progress;  



The delay of schedule of construction due to Force Majeure.  



第四条 工程质量Article 4  The quality of project


The quality of project should achieve the requirements of acceptance agreed by both parties.  



Party B should carry on the construction in strict accordance with drawing, specification file and regulations and specifications authorized by the competent authorities and be under the supervision of Party A.  


三.乙方在施工过程中必须遵守下列规定: Party B should, during the construction, comply with the provisions as follows:  


All materials provided by Party B should be subject to the approval of Party A prior to use, And none of the same being bought without conformity with Party A requirements can be used.  



The concealed works should be checked by both parties before the next progress;  



Party B shall take the liability of maintenance following the complete of works. The period of maintenance shall be one year from the day of acceptance of complete.  



第五条 工程价款的支付与结算Article 5  Payment and settlement of the contract price  

合同总价× 50  %, 即      元 The total contract price × 50%, which is       Yuan.  


中期款The payment of medium-term 


工程进度过半三日内 Within 3 (three) days after the progress more than half.  


合同总价× 40  %, 即      元 The total contract price × 40%, which is       Yuan.  


尾款Final Payment        


竣工验收结算后七日内Within 7 (seven) days after the completion acceptance and settlement.  


合同总价× 10 %, 即     元The total contract price × 10%, which is       Yuan.  



第六条 施工与设计变更Article6 The Modification of Construction and Design


 Design drawing, illustration and relevant technical data consigned by party B are the basis for construction and shall be confirmed by party A’s signature, which is deemed as the supplementary basis and shall be modified by any party without authorization.  



If and when any error or material unreasonable problem of design due to party A’s requirement, Party B shall notify Party A promptly in writing and decide the amendment or modification of the design documentation by the consultation and negotiation between parties and units concerned. Party B shall carry out construction according to the design documents modified or changed. If project cost increase (including the actual loss of rework loss, stoppage or slowdown, personnel and machine equipment relocated, material structures, fixtures backlog), shall be responsibility by Party A, and be adjusted the contract price together with Party B.  



Any reasonable suggestion on the modifications of design and craft proposed by Party B, subject to the quality and without reducing standards of design, could be carried out upon the approval of Party A, design unit or concerned technical department.  



Party A should, if any necessary design change, make the formal amendment and modify drawings for Party B’s implementation.. Material changes and cost increased must be negotiated by both parties before Party B implement the same.  



第七条 工程验收Article 7  Acceptance of project


The underground engineering, structural engineering in the construction of project should be checked and with issue of certificate and the record of acceptance of water test, anti-permeability and so on. Party A should deal with the acceptance signed formalities timely.  


二.工程竣工验收后,甲方才可使用Party A can use the project after completion acceptance  


In the provision warranty period, any construction quality defects, Party B should make maintenance free of the quality defect due to construction, the scope and duration carry out according to the issuance of Cheng Jian No. 79 notification " Construction engineering guarantee measures (Trial) "by Urban and Rural Construction and Environmental Protection Department (84).  



第八条 违约责任Article 8  Liability for breach of contract  

乙方的责任:Responsibility of Party B:


Take charge of gratis repair and rework if project quality doesn't meet contact's stipulation  



If fail to deliver the construction according to the contract on time, The overdue fines according to punishment or award of the provision concerning the delivery or delay.  


甲方的责任:The responsibility of Party A:


Failed to fulfill their responsibilities in accordance with the provisions of the contract, in addition to the completion date to be postponed should be compensation for the actual loss of Party B .  



The ongoing project is stopped, postponed or due to design changes and rework caused by design errors, should take measures to remedy or reduce losses. At the same time, compensate Party B the actual loss of work stoppage, slowdown, re-dispatch rework, reshipment, staff and mechanical equipment relocating, the backlog of materials and components.  


第九条 纠纷解决办法Article 9 Dispute settlement


Either party could, if any party’s breach and fail to negotiation, submit the application of arbitration to the Beijing Arbitration Committee                                     


第十条 附则Article 10 Supplementary


This contract is execute in two counterparts, each party holds a single original.  



The contract becomes effective after signing and sealing by both parties on this foregoing date. The project final acceptance meet the requirements, after the expiry of warranty, ends the contract.  


甲方(盖章):Party A (seal):                       乙方(盖章):  Party B (seal):

委托代理人(签章):Agent                          委托代理人(签章):Agent                           

电话:Tel:                                               电话:Tel:                            

日期:Date:                                             日期:Date: