施工合同-英文

xxxx party a xxxx xxxx party b xxxx xx x x xx this contract is signed by the two parties in xxxx on xxxx according to the contract law of the people s republic of china the regulation on building and installation contracting contract and other relevant national laws and regulations as well as the specific nature of this project article 1 general principles 1 1 contract documents this contract includes the contract itself exhibits construction drawings explanations of work procedures tender documents as well as other documents specified by the contract the contract documents should be mutually explainable and mutually descriptive the documents that constituted the contract and the priority hierarchy of explanations of the documents are as follows this contract the official letter of winning the tender letter of bidding and its annex standards guidelines and relevant technical documents drawings bill of quantity boq quotation of prices and project budget during the implementation of the contract any written agreements or documents between two parties such as change orders are also regarded will be deemed as part of this contract 1 1 1 project introduction 1 1 2 xxxxname of project xxxx 1 1 3 xxxx location of project xxxx 1 1 3 1 scope of the project unless otherwise explained by other articles in this contract party b shall provide all services utensils and other necessary cost for the implementation of this contract the scope of project includes but not limited to inner decoration see appendix 1 2 fa ade including doors windows roof and stairs see appendix 1 2 electronic engineering see appendix 1 2 air conditioning system see appendix 1 2 water supply sewage and heating system see appendix 1 2 fire control system see appendix 1 2 other items listed in the construction drawings any changed drawings shall be provided and confirmed by party a all these aforementioned items are generally referred as project hereafter 1 1 3 2 nature of contracting party b shall be responsible for both labor and materials for this project and will responsible for the quality of this project safety as well as code of conduct during the construction project 1 1 4 on site representative of party a shall be appointed by party a 1 1 5 xxxx date of the project beginning xxxx 1 1 6 xxxx 1 1 7 2 5 1 1 8 1 2 contract amount xxxx the total contract amount is xxxx which is fixed contract amount 1 3 final audit of project 1 3 1 gb50500 2008 this project is using fixed total amount according to gb50500 2008 the pricing guidelines by code of quantity in construction projects except that party a may make price adjustment in the event of the existing construction drawings are changed or add or remove any construction work according to the request of party a 1 3 2 article 2 government approvals 2 1 party b shall be responsible to process government approvals related to the project including but not limited to fire control environment protection and other approvals related to this project party a is responsible for the costs of these approvals 2 2 party b shall be responsible for construction applications approvals and related costs 2 3 2 2 article 3 rights and obligations of party a 3 1 party a shall provide five copies of confirmed construction drawings and explanations of work procedures and shall conduct technical clarification party a shall provide party b with necessary water and power equipment and the instructions on using the equipment 3 2 xxxx party a appoints xxxx as the on site representative to supervise the fulfillment of contract obligations to oversee the quality control and check the project progress and to handle issues such as acceptance and variations in the event of the on site representative of party party a should make payments to party b according to the payment terms 3 4 3 5 party a has the right to instruct party b to do the construction according to party as organization and planned construction period in the event of party b ignores and refuses to observe party as instructions party b will be deemed as breach of the contract and party b shall be held responsible for the liabilities of breaching the contract 3 6 party a has the right to instruct party b to observe the general arrangement and management by party a and the construction staffs of party b must observe all rules and regulations party b shall be fully responsible for the consequences of such violations by the staff of party b party a has the right to directly deduct the corresponding amount from the total contract amount 3 7 all notices from party a can be made both in writing and orally but the oral instructions are only applicable to the representative of party a party b shall upon receiving notices from party a execute the corresponding matters according to the content of the notices 3 8 party b shall not transfer or subcontract the project to any third party without the consent of party a in the event of party b transfers or subcontracts the project to any third party without the consent of party a party a has the right to terminate the contract and party b must accept and be responsible for any consequence of such violation 3 9 party a has the right to appoint special sub contractors and shall pay the management fee to party b according to the rate of subcontract management and coordination fee stipulated in contract contract no date party a party b according to p r c contract law and other relevant laws and regulations to the specific circumstances of this project parties a and b have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect 1 project overview 1 1 project name 1 2 project location 1 3 a b project contents a the new r d and new plant construction of network cabling systems b data center mainly includes data center decoration and electrical systems air conditioning systems cctv systems access control systems firefighting system reform server rack systems 1 4 1 5 cny project cost total project cost is yuan cny detailed contract price list see attached quotation list in the detailed design and construction process if the project quantity changes according to the contract price adjustment project cost if the material is changed the supplemental agreement agreed by both parties for adjustment of engineering cost 2 terms of payment 2 1 party b shall provide the designated account to party a party a by check or bank transfer to pay the contract payment to party b 2 2 40 after the signing of this contract party a shall pay to party b 40 of the total contract price as the project advance payment 2 3 7 55 2 4 3 3 responsibilities of the parties 3 1 responsibilities of party a a timely written notice to party b the conditions of this project have the time to start b to assist party b to enter the construction site personnel required documents approval documents and other relevant procedures c to provide on site engineering office and sufficient field warehouse d actively assist party b construction coordination with various departments and responsible for providing the needed for the project site plans and architectural drawings e timely according to the terms of the contract payment schedule to pay party b project funds 3 2 responsibilities of party b a party b before the project begins shall organize relevant personnel to study and be familiar with drawings involved in the design work arrangement of construction general schedule plan and submit to party a b to the party a or project supervision to provide the purchase a variety of products equipment technical information accept entry inspection c abide by the party or the supervision on construction site of the relevant provisions d 4 construction and engineering design change 4 1 on the construction of party b according to the country issued construction acceptance norms and quality inspection standards as well as the design requirements all project achieve the qualified standard 4 2 during construction to adhere to the design documents and construction drawings of the construction any party shall not be arbitrarily changed design such as the emergence of idleness rework and loss of material as well as an increase in labor cost as the party a s cause loss borne by the party a the party b causes losses shall be borne by party b 4 3 a during the construction if the party a to change the design document shall give a written notice to party b if party b is found the design documents are wrong or serious ueasonable place should also be written notice to party a both sides agreed and modify design drawings and documents before it can continue to construction 4 4 in the process of construction in case of the following circumstances be extended period both parties shall timely consultations and through the written form to determine the extension of the time limit a because of natural disaster or the manpower irresistible reasons forced shutdown b because party a proposed changes to the plan or change the construction graph therefore cannot continue construction c party b fails to supply equipment or for the materials or equipment of different specifications was forced to shut down or not smooth construction 5 final acceptance and after sales service 5 1 5 3 12 project after acceptance into the warranty period warranty period from the date of acceptance of 12 months during the warranty period party b shall system in addition to human factors all fault is responsible for free repair or replacement 5 4 2 8 during the warranty period party b shall do to help telephone response within 2 hours 8 hours to arrive at the scene and set about solving the problem after the end of the warranty period party b on the system paid maintenance paid maintenance costs through consultation by the two parties 6 technical service and training 6 1 6 2 during the warranty period party b shall provide two on site inspection services including the status of system view recording and the necessary equipment maintenance 2010 12 06 contract party a party b i point design inspiration point design according to prc contract law law on the protection of consumer interests prc price law shanghai supervision of contract terms shanghai construction market management regulations as well as other laws and regulations relevant to the specific circumstances of this project parties a and b have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect overview 1 party a is the owner of the property 2 construction site 4 22 structure residential 6 contractor engagement method see annex C quotation 7 00 total price 00rmb in words any changes in this price must be agreed by both parties in writing 8 terms of payment 1 agreement on the supply of materials 1 material provided by party b any materials or equipment supplied by party b which do not meet the design and construction requirements are prohibited any extra materials requested by party a which were not in the original design must be paid for by party a 2 material provided by party a see the annex table of materials to be provided by the owner if party a acquires materials for the project it should first check with party b that the materials match to the design requirements and once the materials are in the care of party b then party b is responsible for the materials if party a requires some materials which do not fit to the design then it shall be the responsibility of party a to pay any additional costs incurred by party b fulfilment of this agreement 1 the execution of this project must be consistent with the architectural and engineering rules of the city administrative departments responsible for the development of buildings and local standards and quality evaluation acceptance criteria 2 party b must provide a duplicate copy of the construction designs and drawings and both copies should be signed by both parties 3 if the quality of party bs work results in any accidents the liability for such accidents shall be the responsibility of party b 5 6 the standard of work it is the responsibility of party b to make sure that all construction works are carried out to the requirements of the design and to make sure that all internal walls and hidden construction parts are to the required standard 7 8 safe production and fire regulations 1 construction drawings and construction must be in line with fire prevention regulations and accident prevention requirements this includes electrical circuits and pipelines party b shall take measures to ensure the safety of workers and neighbors at the constructions site and must prevent leakage of water interruptions of power and damage to property 2 any changes to the housing structure or demolition or alteration to load bearing walls or increase in floor load must first be approved by the building property management before construction begins 3 both parties must provide money exchange receipts and invoices other matters 1 party a 1 party a must take care of the public relations in the construction site area C particularly with the neighbors 2 party b 1 party b must be available to attend meetings organized by party a 2 liability for breach of contract 1 2 0 1 3 if party a instructs party b to make any alterations to a load bearing wall and party a has not sought and received permission from the building property management party a shall be responsible for any resulting costs and shall indemnif