If the price of materials is too low at the time of bidding, can the settlement be adjusted? 100

Reference: Sichuan Construction Price Fa [2009] No. 75.

Article 26 of the Interpretation (II) on Several Issues Concerning the Application of the Contract Law of the People's Republic of China, promulgated by the Supreme People's Court and implemented on May 13, 2009, reads: "After the conclusion of the contract, there is a major change in the objective circumstances that the parties could not foresee at the time of entering into the contract and which is not a commercial risk caused by force majeure, and the continued performance of the contract is obviously unfair to one of the parties or cannot achieve the purpose of the contract, and the party requests the people's court to modify or terminate the contract. The people's court shall determine whether to modify or terminate it on the basis of the principle of fairness and in consideration of the actual circumstances of the case. ”

According to this article, the following conditions must be met for the application of the principle of change of circumstances:

First, the objective facts of the change of circumstances have occurred, which are generally considered to be the causes of the change of circumstances in the performance of the contract, including: "(1) the nature of the commodity economy and the inherent risks of the market; (2) a sharp rise in prices; (3) changes in national economic policies and adjustments to the economy; (4) various economic and administrative measures; (5) major changes in the international market; (6) substantial depreciation or appreciation of foreign currency";

second, the occurrence of the cause of the change of circumstances is unforeseeable by the parties;

Third, the cause of change of circumstances must occur between the conclusion of the contract and the completion of the performance of the contract;

Fourth, the occurrence of a change of circumstances causes the continued performance of the contract to be manifestly unfair to one of the parties or the failure to achieve the purpose of the contract.

Whether the project element **** is a change of circumstances or a commercial risk should be comprehensively considered to the magnitude, predictability, consequences and other factors.

For example, according to the Shanghai Building Materials Industry Market Management Station on March 11, 2008 promulgated the "Guiding Opinions on the Settlement of Construction Project Elements ** Fluctuation Risk Clauses, Project Contract Price Adjustment and Other Matters" (Hu Jian Shi Guan 2008 No. 12), the bid price or the contract agreed in the ** month corresponding to the cost management department issued by the ** as the benchmark, compared with the construction period cost management department issued every month, the change range of labor ** within 3%, steel ** If the change range is within 5%, and the change range of other materials other than labor and steel is less than 8%, it is a commercial risk that the parties should reasonably foresee and bear when signing the contract.

For projects that have not yet been settled, they have the right to claim adjustment of the contract price.

For the construction enterprise's materials and labor **irrational** fixed contract price is difficult to adjust, the construction enterprise has the right to claim the adjustment of the contract price based on the principle of change of circumstances.

On the one hand, the construction enterprise may, on the basis of Article 26 of the Judicial Interpretation (II) of the Contract Law, negotiate with the employer to adjust the contract price. On the other hand, if the negotiation fails, the contractor may claim to adjust the contract price through legal channels. It should be noted that, in accordance with the spirit of the Supreme People's Court's Symposium on Civil Trials in Response to the Financial Crisis held in Shanghai on May 7, the court will prudently apply the principle of change of circumstances, and cases that need to be applied to the change of circumstances ruling need to be reported to the High People's Court for approval.

The list pricing specification stipulates that if the market fluctuation exceeds a certain range during the construction period, the project price shall be adjusted according to the contract, and the contract shall not be agreed or the agreement is not clear, it shall be adjusted according to the provisions of the provincial or industrial construction department or its authorized engineering cost management agency.

The change of the material you said should be compared with the steel in the actual construction process according to the bidding, if the rise and fall is less than 5%, the construction unit shall bear its own risk, if it exceeds 5%, it can be adjusted.

Article 1 of the Specification for Valuation of Bills of Quantities proposes that the employer shall bear the risk of materials other than 5% and the risk of construction machinery use fees beyond 10%, and the contractor may bear the risk of materials within 5% and the risk of construction machinery use costs within 10%.

How to adjust the difference when the bidding ** is 25% lower than the benchmark price.

Hello Bid** is 25% lower than the benchmark price, and the price of materials falls when the difference is adjusted so that 1If the contractor indicates that the unit price of materials is lower than the benchmark ** as stated in the list of quantities of the priced project or in the budget: unless otherwise agreed in the special contract terms, when the increase in the unit price of materials during the performance of the contract exceeds 5% on the basis of the benchmark **, or when the decrease in the unit price of materials in the bill of quantities or the unit price of materials specified in the budget exceeds 5%, the excess part shall be adjusted according to the facts.

2.If the contractor indicates that the unit price of materials is higher than the benchmark ** in the bills of quantities or budget: unless otherwise agreed in the terms of the special contract, when the unit price of materials during the performance of the contract exceeds 5% on the basis of the benchmark **, the increase in the unit price of materials shall be adjusted according to the facts when the increase in the unit price of materials specified in the bills of quantities or budget is more than 5%.

3.If the contractor indicates in the bills of quantities or budget that the unit price of materials is equal to the benchmark **: unless otherwise agreed in the terms of the special contract, when the increase or decrease in the unit price of materials during the performance of the contract exceeds 5% on the basis of the benchmark **, the excess part shall be adjusted according to the facts.

If the price of bidding materials is too low, how to deal with it in construction, and are there any relevant regulations?

In view of the low problem of the main materials in the business bidding, if the bridge is a project in the contract, it must be priced according to the unit price in the bid, if there is a project outside the contract, you can discuss with the owner Min Mingxun the problem of changing the unit price of the project, and the unit price of the change can be taken from the local main material price at the time of construction, and other rates are grouped according to the corresponding rates in the bidding.

Hello, I will solve your doubts for you below, I hope it can help you. Do you need to re-budget after the budget is done without bidding materials and the price increases: At this time, a detailed project budget process is required.

The excess money belongs to the state, it is audited, and it doesn't matter if it is given to you or not, the key is that Huai Pailiang's accounts are clear. I really hope that I can help you, and I wish you a happy day!

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The settlement price of the project is lower than the contract price, but the material cost in the project is higher than the agreed ** at that time, and the tentative price of the project is lower than the market price and is included in the bidding control price, and the settlement price is adjusted according to the visa price, resulting in the settlement price exceeding the contract price of the winning bid.

The settlement price of the project is lower than the contract price, but the material cost in the project is higher than the agreed ** at that time.

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The settlement price of the project is lower than the contract price, but the material cost in the project is higher than the agreed ** at that time, and the tentative price of the project is lower than the market price and is included in the bidding control price, and the settlement price is adjusted according to the visa price, resulting in the settlement price exceeding the contract price of the winning bid.

Settlement, also known as completion settlement, occurs in the completion acceptance stage of the project, which is to check and settle the actual project cost after the completion of the construction task. The settlement is generally submitted by the project contractor Jian Chengling (the construction unit), and the price settlement and completion of the construction process are finally settled and completed in accordance with the pricing method selected by the bidding documents, according to the construction contract, the change visa during the implementation process, etc., in accordance with the provisions of the contract, the settlement procedures of the construction project and the list of valuation specifications. At the same time, it is necessary to summarize and compile the completion settlement documents of the actual project cost of construction and installation projects.

The budget price refers to the estimation of the cost of the project based on the construction drawings before construction, so as to facilitate the planning and control of the project cost. The bidding control price and the bidding price are the manifestations of the budget price. In the usual habits, the cost work is often referred to as "budget work", that is, regardless of whether the preparation is the bottom of the bid, the control price, the bid price, the settlement price, etc., the number of smiles is collectively referred to as the "budget", which is just a colloquial name, ** to distinguish.

The bid price refers to the total price indicated by the bidder in response to the requirements of the bidding documents after the summary of the list of quantities that has been priced.

Article 27 of the Regulations for the Implementation of the Tendering and Bidding Law.

The tenderer can decide whether to prepare the bid base at its own discretion. There can only be one bid base for a tender. The bottom of the bid must be kept confidential.

The intermediary agency entrusted with the preparation of the bid shall not participate in the bidding of the project entrusted with the preparation of the bid base, nor shall it prepare the bid documents or provide consultation for the bidder of the project. If the tenderer has a maximum bid limit, the calculation method of the maximum bid limit or the maximum bid limit shall be specified in the bidding documents. The tenderer shall not stipulate the lowest bid price.

Article 33 of the Tendering and Bidding Law.

Bidders shall not bid below the cost, nor shall they bid in the name of others or in other ways to deceive and win the bid.

If your bid price is the same as your budget**, this may affect your chances of winning during the bidding process. Because when evaluating a bid, there are other factors to consider besides **, such as quality, reliability, and delivery time, among others.

If you are sure that your costing calculations are accurate and that you have done your best to provide the most competitive **, you may consider increasing your chances of winning the tender by:

1.Improve the quality of service: In addition to **, customers are often concerned about the quality of service. If you can provide better, more professional, and more attentive service, you may be able to beat the competition.

2.Reduced risk: Clients often want to choose a partner who is stable, reliable, reputable, and able to take responsibility and risk. Therefore, when submitting, please pay attention to emphasizing the company's qualifications and relevant experience, as well as ensuring the quality of products or services.

3.Outstanding features: If you can highlight your unique and obvious advantages (such as technological innovation, design concept, etc.), you can let customers see that you are different from other competitors and impress them.

In short, in the process of participating in the bidding, it is necessary to comprehensively consider various factors and formulate corresponding strategies according to the actual situation to improve the success rate.