建设工程设计合同课件

建设工程设计合同 CONTRACTCONTRACT OFOF CONSTRUCTIONCONSTRUCTION PROJECTPROJECT DESIGNDESIGN 项目名称： Project Name: 项目建设地点： Project Location: 合同编号：Contract No.: 设计证书等级： Grade of Design License: 签订日期： Signed on: 委托方：（甲方） Client (Party A): 承接方：（乙方） Design Firm (Party B): 甲方委托乙方承担 XX 项目（一期）工程设计，经双方协商一致， 签订本合同。 Party A entrusts Party B to undertake the design for This Contract is made by the two parties after their mutual agreement. 第一条 本合同依据下列文件签订 Article 1. This Contract is made on the basis of the following documents: 1.1 中华人民共和国合同法、中华人民共和国建筑法和建设工程勘察设计市场管理规定 。 The Contract Law of the Peoples Republic of China,The building regulations of the Peoples Republic of China and The developmental Law of the Peoples Republic of China. 1.2 国家及地方有关建设工程勘察设计管理法规和规章。 Relevant Building and shall be responsible for solving all the relevant design problems and to attend the handing over meeting. Party B shall send the relevant personnel to participate in the regular site meetings during the construction. Party B should optimize the design to assist Party A in meeting the project budget. 6.2.6 乙方不得向第三方扩散、泄漏、转让甲方提交的产品图纸 技术经济资料。如发生以上情况， 甲方有权向乙方索赔。 Party B is not allowed to disclose and transfer to a third party any product drawing, technical and economic data etc. which are provided by Party A. In case that the above- mentioned is happened, Party A shall have the right to claim. 6.2.7 未经甲方同意乙方不得将本项目的设计工作全部或部分转 包给第三者。 Party B is not allowed to subcontract the design work completely or partially to any third party without the permission of Party A. 第七条 其他约定 Article 7 Other provisions 7.1 甲方要求乙方派专人长期驻施工现场进行配合与解决有关问题时，双方应另行签订技术咨询服 务合同。 When Party A requires Party B to send site personnel to the construction site for a long period, the two parties shall negotiate for these additional work and sign a supplementary service Contract. 7.2 乙方为本合同项目所采用的国家或地方标准图，由甲方自费向有关出版部门购买。 Party A shall pay for all the relevant publications and standard collections of drawings issued by the state and local government which are needed by Party B for the purpose of designing the project. 7.3 本合同第四条规定乙方交付的设计文件份数超过本合同第四条规定的份数，乙方另收工本费。 If Party B is requested to submit design documents , of which, the number of copies are more than those stipulated in Article 4 of this Contract, Party A shall pay for those additional copies. 7.4 本工程项目中，建筑材料、设备的加工订货，甲方需要乙方设计人员配合时，所需费用由甲方 承担。 If Party A requires Party B to provide personnel to assist them for procurement purposes, such as the procurement of building material, equipments etcs; the expenses needed shall be borne by Party A. 7.5 甲方委托乙方承担本合同内容之外的工作服务，另行支付费用。 If Party A entrusts Party B to undertake those work and services which are beyond this Contract, Party A shall pay additional fee. 7.6 由于不可抗拒因素致使合同无法履行时, 双方应及时协商解决。 When this Contract can not be executed because of the unforeseeable natural forces, the two parties shall timely negotiate to solve the problem. 7.7 本建设工程设计合同在履行过程中发生纠纷，双方应及时协商解决。协商不成时，双方同意由 上海市仲裁委员会仲裁。 Both parties shall timely discuss each other for the settlement of any dispute arising during the execution of this Contract. In case that such discussion fails, both parties have agreed appealing to Shanghai Municipal Arbitration Commission can be accepted. 7.8 甲方聘请 为甲方的顾问，协助甲方进行设计管理和建筑设计咨询。费用由甲方另行支付。 Party A has engaged to act as Party As consultants to assist Party A to provide the design management and design consultation services. The fee will be paid by Party A directly and separately. 7.9 本合同未尽事宜，双方可签订补充协议，补充协议与本合同具有同等效力。 Supplementary agreement could be made between the two parties in case that any additional clause shall be added. The supplementary agreement shall have the same effect and power as this Contract. 7.10 本合同一式八份，甲执四份，乙执三份，政府部门一份。 This Contract shall be made in 8 copies. Party A shall hold 4 copies. Party B shall hold 3 copies. The government authority department shall hold one copy. 7.11 本合同以中英对照书写，如有矛盾，应以中文文本为准。 This Contract is prepared in both Chinese and English languages, in the event of conflicts in any of the provisions between the two versions; provisions specified in the Chinese language version shall take precedence. 7.12 本合同双方签章后，在 30 日内报项目所在地建设行政主管部门备案。双方认为必要时，到项 目所在地工商行政管理部门签证。双方履行完合同规定的义务后，本合同即行终止。 This Contract, within 30 days after it has been signed and stamped by both parties, shall be submitted to the local government authority for endorsement. When it is considered necessary, both parties could send this Contract to the local industrial and commercial administration departments for registration. This Contract is to be terminated and expired itself after both parties have performed their duties as stipulated in this Contract. 7.13 本合同经甲、乙双方盖章签字后自 年 月 日生效。 (以下无正文) 7.1