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The contract refers to the agreement between the buyer and the seller on the infrastructure products in economic activities, which is determined by the two parties through negotiation in the form of a contract; A contract is a contractual document that determines the rights and obligations of both parties and is protected by law. The contents of the contract mainly include: 1. the name of the contract issuing party and the contracting party; 2. The name, address, and other information of the person in charge of the contract issuing party and the person in charge of the contracting party.
This is a necessary clause of the contract, and if the parties cannot be identified, it is impossible to determine the holder of rights and the bearer of obligations, and it is difficult to resolve disputes in the event of a dispute. 3. The content of the contracted project and the specific requirements of the employer. This is also a must for a contract, without which it cannot be established; Fourth, the contract period and the start and end date. The term of the contract is directly related to the performance time of the rights and obligations of both parties, and involves the interests of the parties; 5. Rights and obligations of the contract issuer and the contractor.
The parties agree on their respective rights and obligations without violating national laws and regulations; 6. The contractor's liability for delay in performing its duties. including delays in commencement and completion due to contractor factors; 7. The liability of the contractor for the failure to complete the project on time due to the delay in the start of construction caused by the factors of the employer; 8. Acceptance methods and standards and payment methods; 9. Other contents agreed by both parties that do not violate national laws and regulations.
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Legal analysis: The construction contract is a large-scale normative contract, which usually has a template, which is generally divided into two parts: ordinary terms and general terms. This type of contract is complex and needs to be paid attention to when signing the following points.
First, the parties to the contract should be correct and should have the corresponding qualifications. Second, clarify the project location and construction period. Third, clarify the payment method and payment term of the project.
Fourth, clarify the project silver or quality and acceptance methods. Fifth, liability for breach of contract and ways to resolve breach of contract. Sixth, dispute resolution clauses.
Seventh, both parties to the contract sign and seal.
Legal basis: Article 793 of the Civil Code of the People's Republic of China If the construction contract of a construction project is invalid, but the experience of the construction project is qualified, the contractor may be compensated with reference to the agreement on the project price in the contract. If the construction contract of the construction project is invalid and the construction project experience is unqualified, it shall be handled in accordance with the following circumstances:
1) If the experience of the Fengxian Wu construction project after restoration is qualified, the employer may request the contractor to bear the repair costs;
2) If the experience of the repaired construction project is not qualified, the contractor has no right to request compensation for the discount of the project price with reference to the contract. If the employer is at fault for the losses caused by the unqualified construction project, it shall bear the corresponding responsibility.
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The model housing construction contract shall state the basic information of both parties to the contract; the name and location of the project; Number of buildings, structure, number of floors, area, capital**, total investment and project approval number; Commencement and completion dates and intermediate delivery dates of the project; Project quality warranty period and warranty conditions; project cost; Methods for payment, settlement and acceptance of project price; materials and equipment and entry deadlines; Matters of mutual cooperation between the two parties; Liability for breach of contract.
[Legal basis].Article 771 of the Civil Code.
The content of the contract generally includes the subject matter, quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance criteria and methods, etc.
Article 795.
The content of the construction contract generally includes the scope of the project, the construction period, the start and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of the quality warranty and the quality assurance period, mutual cooperation and other terms.
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Legal analysis: The construction contract, also known as the construction contract, is a kind of economic contract, and is one of the important contracts in the capital construction contract. It is signed between the construction unit and the construction unit on the basis of the preliminary design and general budget estimates, long-term and short-term infrastructure plans.
According to the provisions of China's current interim regulations on stamp duty, construction contracts should be taxed according to the regulations. The contracting of construction projects refers to the act of obtaining contracts through bidding and bidding, winning contracts through competition, organizing and implementing them, and fully performing the contracts.
Legal basis: "Code of the People's Republic of China" Article 770 A contract is a contract in which the contractor completes the work in accordance with the requirements of the contractor, delivers the results of the work, and pays the remuneration to the contractor.
The contract includes processing, customization, repair, copying, testing, inspection and other work.
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Legal analysis: 1. Project overview: 1Project Name: 2Project location: 3Structural form: 4Floor area:
2. The scope of the contracting process (the general contracting construction drawings are carried out with the standard contractor and materials in the construction drawings provided by the employer, and all the engineering contents (trenching, foundation protection) such as civil engineering and installation are included
3. Contracting method:
4. Date of Contract:
Fifth, the quality of the work and worm failure:
1.Meet the qualification standards stipulated in the current national norms.
2.The construction technology that matches the quality of the project should be complete, and the data should be complete and complete.
3.Material Requirements:
Sixth, the project payment settlement method and payment method.
7. Rights and obligations of both parties.
8. Liability for breach of contract.
9. Project acceptance.
10. Disputes and Resolution.
Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. Lead only.
Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
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The contract for housing construction projects shall specify the terms between the employer and the contractor, the name and scope of the project, the terms of construction preparation, the terms of construction organization and design and construction period, the terms of project quality and inspection, the price and its payment, the terms of materials and equipment, the terms of completion acceptance and settlement, the terms of liability for breach of contract and claims, and the terms of warranty.
[Legal basis].Article 771 of the Civil Code.
The content of the contract generally includes the subject matter, quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance criteria and methods of the contract.
Seven hundred and ninety, which rock five.
The content of the construction contract generally includes the scope of the project, the construction period, the start and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of the quality warranty and the quality assurance period, mutual cooperation and other terms.
Hello. If the issuance of the land contracting and operation right certificate is a specific administrative act carried out by the administrative entity, and if the act of the administrative organ has caused damage to the legitimate rights and interests of your mother, you may file an administrative reconsideration or administrative lawsuit in accordance with the law to revoke the land contracting and operation right certificate made illegally. Hope the above helps.
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