How to write a construction contract, how to write a construction contract

The first type of construction contract is a type of contract, including general contract and subcontract; the second is the pricing method contract, including the fixed total price contract and the measurement contract; There are also bill of quantities contracts, unit price list contracts, and process stage contracts; It also includes survey contracts, design contracts and engineering contracts.

Legal analysis. Many people refer to the construction contract as the engineering contract, but in fact, the engineering contract is not just a contract. Construction contracts are a broad concept, and there are various types of construction contracts.

According to different criteria, it can be divided into different types. The performance period of the project contract is generally very long, and only one construction unit cannot complete the construction on time, so there is a contract type of contracting relationship, at which time each contractor is in the same position, independently completing the tasks contracted by the unit, and directly responsible to the employer. Including the project stage contract, in which the survey and design contract is an agreement between the entrusting party and the contractor to clarify the mutual rights and obligations in order to complete certain survey and design tasks.

It is the first stage of the construction of the project. The content of the design contract includes the design and construction plan and other plans, which is the second stage of the project construction amount. The construction contract is the most important part, which stipulates the project payment, completion time, etc.

It is the third and final stage of engineering construction. According to different classification standards, it is divided into contract relationship contract, valuation contract and project stage contract.

Legal basis. Civil Code of the People's Republic of China

Article 788: A construction project contract is a contract in which the contractor carries out the construction of the project and the employer pays the price. Construction contracts include engineering survey, design and construction contracts.

Article 795: The content of the construction contract generally includes the scope of the project, the construction period, the commencement and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the time of delivery of technical data, the responsibility for materials and equipment, the allocation and settlement, the completion acceptance, the scope of the quality warranty and the quality assurance period, and mutual cooperation.

Specific sample templates.

The small construction agreement should state the basic information of both parties to the construction; construction name and location; scope and content of construction; construction period; construction changes; construction acceptance; payment method of construction payment; warranty conditions and duration; and liability for breach of contract.

Legal basis. According to Article 788 of the Civil Code, which came into force on January 1, 2021.

A construction contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design and construction contracts.

Article 789 of the Civil Code.

The construction project contract shall be in written form.

Article 790 of the Civil Code.

The bidding and bidding activities of construction projects shall be carried out openly, fairly and impartially in accordance with the provisions of relevant laws.

Article 795 of the Civil Code.

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.

The project contract generally needs to specify the general situation of the project, the same construction period, the quality standard, the contract price and the form of the contract, the project manager, the composition of the contract documents, the commitment and the conditions for the contract to enter into force and other important contents to be valid. Specifically, it also includes general agreements, employers, contractors, supervisors, project quality, safe and civilized construction and environmental protection, liability and warranty, breach of contract, claims and dispute resolution, etc. A construction contract is also known as a construction contract or a contract contract.

It refers to a written agreement between the employer and the contractor to clarify the rights and obligations between each other in order to complete the agreed construction tasks of the construction and installation project.

Legal basis.

Article 795 of the Civil Code of the People's Republic of China The internal banquet of the construction contract generally includes the scope of the project, the construction period, the commencement 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 quality warranty and the quality assurance period, mutual cooperation and other clauses.