完整工程施工合同-英文版最新.doc

.Translation:ConstructionContract PartyA: (Developer)PartyB: (Contractor)ThiscontractissignedbythetwoPartiesPartyA and PartyBaccordingtotheContractLaw ofthePeoplesRepublicof China,the Contraction law of thePeoples Republicof China ,andotherrelevantnationallawsandregulations,aswellasthespecificnatureofthisproject. On the basis of honesty and credit, equality, voluntariness, party A and party B have reached consensus through negotiations and signed this contract.1. ProjectIntroduction1.1NameofProject: 1.2LocationofProject: From to .1.3Scopeand content oftheproject: .1.4The design of constructiondrawings: .2. NatureofContracting: Contract for labor and materials .3. Construction period This project will take 20 days after the receive of the beginning notice from Party A (including reception time after completion),and including the beginning date and completion date.4. QualityofProjectQualityofProject:qualified .5. ContractAmount5.1ContractAmount: be RMB 400,000 Yuan tentatively (The actual settlement shall prevail).5.2Adjustment of contractamount: .6. FinalAuditofthe project6.1The condition and steps for Party A pay the project funds to Party B:Party A agrees to pay Party B for RMB150,000Yuan three days after the beginning of the project,the balance will be paid 97% after the qualified completion, and 3% warranty guarantee fee will be paid one years if there is no quality problem.6.2Modeofpayment: .6.3Party B shall submit to Party A equivalent invoice before Party As each period payment, otherwise, Party A can refuse to pay until the receiving of the Party Bs invoice.6.4The invoice provided by Party B should be valid. Any falls invoice provided by Party B which are found by relevant office, the Party B should not only provide the valid invoice to Party A, but also bear the responsible caused by the invalid invoice.7. Variation of design and visa 7.1Duringtheprocessoftheproject,any contract list, technology checking list ( not include the variation,addition,substitution,andreductiononthedrawings and project fee) concerning about this project shall only be regarded as effective with the confirmation of the representative Party A in writing. 7.2Any variation notice list, technology checking list, contract list, technology checking list ( include thedrawings design) concerning about this project shall only be regarded as effective with the confirmation of the seal of Party A. 7.3IntheeventofPartyBfailstocompletetheprojectaccordingtothedrawing variation,PartyBshallpay to PartyAaspenaltyforthebreach.PartyBwill also bear the responsible and the reworking fee caused by the continued working regardless of the new design. 7.4PartyBshalltakefullresponsibilityforanylosscausedbydelayingformorethan days applying for extension vise from Party A days after the receiving of changed design. 8. Acceptance and FinalAuditofthe project8.1 Acceptance ofthe project8.1.1Thisprojectshouldmeetthenationalqualityacceptancestandardsandshouldbeacceptedatthefirstinspectionaftercompletion.TheQualityAcceptanceCriteriaofConstruction of nation must be regardedastheacceptancestandardsfortheproject.PartyBshallinformPartyAinwritingofallkindsofinspectionandacceptancewithin 3 days.PartyAshallarrangeinspectionandacceptancewithin 3 workingdaysafterreceivingthenotification.8.1.2PartyBshallberesponsibleforthere-inspectioncost,andtheprojectperiodshallnotbeextended.8.2 FinalAuditofthe projectIftheresultofre-inspectionhaspassedacceptancestandards,PartyBshallsubmit the audit report and materials to Party A for verification within 7 days. (the materials include ).9. Obligations of Party A and Party B9.1. Obligations of Party A: 9.1.1.PartyAappoints astheon-siterepresentativetosupervisethefulfillmentofcontractobligations,tooverseethequalitycontrolandchecktheprojectprogress,andtohandleissuessuchasacceptanceandvariations and withdraw the representative at any time.9.1.2. Days before beginning of the project, Party A shall provide Party B .9.1.3. Party A shall confirm the variation and suggestion days after providing to design drawings and scheme to Party B. 9.1.4.Party A shall be responsible for coordinating the relationship with the engining. 9.2. Obligations of Party B9.2.1.PartyBappointsWangZhirongastheon-siterepresentativeofPartyBtotakechargeoffulfillingthecontractobligations.Theon-siterepresentativeofPartyBshallorganizetheconstructionaccordingtocontractrequirementssothattheprojectcanbecompletedaccordingtothequalityandquantityrequirementsandonatimelymanner.9.2.2.PartyBshallobservesafety policiesofon-sitemanagementbythestateandGuangxi , Nanning government authorities and shall independently and fully assumes responsible for the loss caused by violation. 9.2.3PartyBshallobservepoliciesofon-sitemanagementbythestateandlocalgovernmentauthoritiesaswellasPartyAsrulesandregulations;PartyBshallcompensateforthelossestoanyfacilities,equipmentorpipelinesbothinsideandoutsideoftheconstructionyardcausedbypartyB.9.2.4.Duringconstruction,PartyBshouldmakesuchadjustmenttotheconstructionplanandtheprogressscheduleperPartyAsinstructionandchange-orders.9.2.5. PartyBshould transfer the construction site within days after the qualified completion. 10.AgreementonSafetyPartyBmuststrictlyadheretotheSafetyandTechnicalStandardsofConstructionandInfrastructureInstallation and regulation of China, Guangxi Zhuang Autonomous Region, NanningSafetyStandardsandotherrelevantregulationsandstandards.the construction spot shouldmeetallstandardsofthePeoplesRepublicofChina. And bearing the safety fees which are not caused by party A.11.The concerning material supply 11.1. Party A or Party B should be responsible for the material ,equipments,which should meet the qualified design request with qualification guarantee books.11.2. Any material,equipment which is bought by the Party B, if not agree with the quality request or specification contain difference,should forbid any usage.the Party B should rebuy the equipment and bear the responsibility to make sure no delay on the project.if Party B refuses to change the materials, Party A has the right to terminate the contract and asks for loss from Party B.11.3 Any material,equipment which is bought by the Party A, if not agree with the quality request or specification contain difference,should forbid any usage.the Party A should rebuy the equipment and bear the responsibility to make sure no delay on the project.12. Warranty12.1.Warranty scope: as state in the contract.12.2.Warranty period: 1 year after the qualified completion.12.3Duringthewarrantyperiod,PartyBshallfixwithin 2 daysafterreceiving the notice from Party A. In the event of Party B fails to fix the defects on a timely manner, Party A has the right to hire a third Party to do the repair, and any costs incurred shall be burdened byPartyB.12.4. Mode of notices: phone, fax, e-mail, and so on.12.4.1 in the way of call the phone or faxing: Party B s TEL: ,Fax: . These contact ways will be regarded as the evidence of warrantynotice to Party B after the calling and faxing.12.4.2.in the way of posting: Party B s address: . These contact ways will be regarded as the evidence of warrantynotice to Party B after e-mailing.12.4.3. in the way of e-mailing: Party B s e-mail: . These contact ways will be regarded as the evidence of warrantynotice to Party B after e-mailing.12.4.4. The fees of noticing Party B will be borne by Party B.12.5. Project quality retention fee(tip: the blue words will be suite for under the condition of withing the Project quality retention fee)12.5.1Project quality retention fee: , which will be deduce from the project funds of Party B.12.5.2 After the expire date, Party A will return the rest of the quality retention fees without interest to Party B. This will be applied by Party B within ten days after the completion of qualified project.13. LiabilitiesforBreach13.1.IntheeventofPartyAfailstomakepaymentaccordingtothepaymentterms,PartyAshouldpayalatefeetoPartyB;Dailyrateofthelatefeeis %ofthe payment.IfthedelayofthepaymentiscausedbyPartyAandisdelayedformorethan days,thenPartyBcanterminatethiscontract.13.2IntheeventofPartyBfailstocompletetheprojectaccordingtotheconstructionperiodinthecontract,PartyBshallpay %ofthetotalcontractamountforeachdayoverdueaspenaltyforthebreach.Dailyrateofthelatefeeis %ofthepayment.13.3.PartyAcanterminatethiscontractandPartyBshalltakefullresponsibilityforanylosscausedbythis when one of these condition takes place.13.3.1 Overdue over days.13.3.2PartyBtransfersthecontractandanypartofthecontractanditscorrespondingtoanythirdpartywithoutPartyAsconsentinwriting.13.3.3.Be ordered to shut down by the administrative organ caused by Party B over days.13.3.4.Safety and quality accidents.13.3.5.ThematerialsprovidedbyPartyBdiffersfromtheQAcertificateandtheReportofQualityAssuranceTest. And PartyB can not make change on these material.13.4.PartyBshouldmakesalary/wagespaymenttoallconstructionstaffsintimeonamonthlybasis,andwillbefullyresponsibleforanyliabilitiescausedbyanylossordamagetoPartyAasaresultofPartyBsfailuretopaysalariesandwagesaccordingtotherequirements.Intheeventof migrant workers create a disturbance on group site, Party As premises, office space, Party B should paid penal sum Yuan each time. 13.5.Intheeventany Partyshallfailtocompletetheworkintimeowingtoreasonsthatthecontractorshallbeheldliable，theParty shallpayapenaltyforRMB Yuan, and bear all be loss of the other Party.13.6. penal sums and other penalty fees that Party B should to Party A , Party A can take out