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After the construction preparation of the project meets the requirements of the construction conditions, the construction unit submits an application for the start of construction, and the supervision issues a start order; The construction unit has problems with project quality and safety production, and the supervision unit issued a "supervision notice" requiring the construction unit to make corrections immediately, and the construction unit still refuses to implement the instructions of the project supervision within the specified time, and the supervision is agreed to negotiate with the construction unit (Party A), and issues the "stoppage order" and "rectification notice"; After the construction unit implements the requirements of the "Rectification Notice" in place, it applies to the supervision unit for resumption of work, and the supervision unit believes that the rectification requirements of the supervision unit have been met after review, and the "resumption order" can be issued.
Profit sharing ratio between the project contractor and the construction team:
1. Complete the annual output value plan issued by the company, and the project contractor will share 10-20% of the profit.
2. For every 10% of the annual profit plan of output value, it is proposed that part of the share will be increased by 2%, and every 10% will be reduced, and 2% will be reduced.
3. The contractor's profit commission must be in place after the project payment is in place.
It is worth noting that the contractor shall deduct the transportation expenses, gift expenses and entertainment expenses paid by the company in advance before the project profits are realized, and return them to the company's finances.
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If the project supervision agency finds any of the following circumstances, the chief engineer shall issue a project suspension order in a timely manner.
The construction unit is suspended for rectification
1. The construction unit constructs without approval;
2. The construction unit fails to construct in accordance with the engineering design documents approved by the review;
3. The construction unit fails to design and construct according to the approved construction organization or violates the mandatory standards for project construction;
4. There are major quality accidents or quality accidents in the construction.
The project supervision agency shall inspect and accept the rectification process and results of the construction unit, and if it meets the requirements, the director.
The engineer shall issue a resumption order in a timely manner.
When the reason for the suspension of construction.
When the conditions for resumption of work are met, if the construction unit submits an application for resumption of work, the project supervision agency shall review the submission submitted by the construction unit.
After meeting the requirements, the chief engineer shall issue a resumption order in a timely manner; The construction unit did not.
If an application for resumption of work is submitted, the chief engineer shall instruct the construction unit to resume construction according to the actual situation of the project.
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Legal analysis: 1. The construction unit constructs without approval;
2. The construction unit fails to construct in accordance with the engineering design documents approved by the review;
3. The construction unit fails to design and construct according to the approved construction organization or violates the mandatory standards for project construction;
4. There are hidden dangers of heavy quality accidents or quality accidents in the construction.
Legal basis: "Regulations on the Management of Safety Production in Construction Projects".
Article 3 The safety production management of construction projects shall adhere to the safety first.
First, the principle of prevention first.
Article 7 The construction unit shall not put forward requirements for survey, design, construction, engineering supervision and other units that do not comply with the laws, regulations and mandatory standards for construction project safety production, and shall not compress the construction period agreed in the contract.
Article 9 The construction unit shall not explicitly or implicitly purchase, lease or use safety protection equipment, machinery and equipment, construction equipment and accessories, fire-fighting facilities and equipment that do not meet the requirements of safe construction.
14th engineering supervision unit shall review the construction organization design of the safety technical measures or special construction plan in line with the mandatory standards for engineering construction.
In the process of implementing supervision, the project supervision unit finds that there is a hidden danger of safety accidents, and the construction unit shall be required to rectify; If the situation is serious, the construction unit shall be required to temporarily stop the construction and report to the construction unit in a timely manner. If the construction unit refuses to rectify or does not stop the construction, the project supervision unit shall report to the relevant competent department in a timely manner.
The project supervision unit and the supervising engineer shall be in accordance with the laws, regulations and mandatory standards for the implementation of supervision, and the construction project safety production supervision responsibility.
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After the construction preparation of the project meets the requirements of the construction conditions, the construction unit submits an application for the start of construction, and the supervision issues a start order;
The construction unit has problems with project quality and safety production, and the supervision unit issued a "supervision notice" requiring the construction unit to make corrections immediately, and the construction unit still refuses to implement the instructions of the project supervision within the specified time, and the supervision is agreed to negotiate with the construction unit (Party A), and issues the "stoppage order" and "rectification notice";
After the construction unit implements the requirements of the "Rectification Notice" in place, it applies to the supervision unit for resumption of work, and the supervision unit believes that the rectification requirements of the supervision unit have been met after review, and the "resumption order" can be issued.
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The premise of the issuance of the commencement order and the resumption of work order is that the construction unit is well prepared and has the conditions for resumption of work. The premise of the issuance of the stoppage order is that a major quality and safety accident occurs during the construction of the project, and the stoppage order is issued.
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Anyway, I met a strange supervision department in Enshi and forced the supervision unit to issue a construction order, because the construction permit was processed, and the supervision must issue a construction order.
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Legal analysis: According to the authorization of the construction unit to the supervising engineer, when the following situations need to be stopped, a stoppage order should be issued: (1) There are major hidden dangers in the construction operation activities, which may cause quality accidents or have caused quality accidents.
2) The contractor constructs without permission or refuses to be managed by the project supervision agency. (3) In seven cases, the chief engineer has the right to exercise the right of quality control, issue a stop-work order, and carry out quality control in a timely manner.
Legal basis: "Construction Law of the People's Republic of China" Article 32 The construction project supervision shall, in accordance with the laws, administrative regulations and relevant technical standards, design documents and construction contracts, supervise the contractor in terms of construction quality, construction period and use of construction funds. If the project supervisor believes that the construction of the project does not meet the requirements of the engineering design, the construction technical standards and the contract, he has the right to require the construction enterprise to make corrections.
If the project supervisor finds that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, he shall report to the construction unit and request the design unit to make corrections.
Supervisors do not need to take the exam, the registered supervision engineer must first have three years of supervision work experience after graduation, before the registration of the supervision engineer examination.
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