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Legal analysis: For projects subject to compulsory supervision, the employer must entrust the project supervision unit to carry out supervision in accordance with the law, and for other construction projects, the employer shall decide whether to implement project supervision. If it is necessary to carry out project supervision, the employer shall entrust the project supervisor with corresponding qualifications to carry out supervision and praise.
The employer and the entrusted project supervisor shall enter into a written entrustment supervision contract, which is the basis for the supervision of the project construction by the project supervisor in the entrusted supervision contract.
Legal basis: "Construction Law of the People's Republic of China" Article 31 of the construction projects supervised by the construction unit shall be supervised by the construction unit with the corresponding qualifications. The construction unit and its entrusted project supervision unit shall enter into a written entrustment supervision contract.
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Construction project supervision is a measure taken by the employer of a construction project in order to ensure the quality of the project, control the cost and duration of the project, and safeguard its own interests. However, for the construction of projects using state financial funds or other public funds, in order to strengthen the supervision of project construction, ensure investment returns, and safeguard national interests, the state stipulates the scope of construction projects subject to compulsory supervision. For projects subject to compulsory supervision, the employer must entrust the project supervision unit to carry out supervision in accordance with the law, and for other construction projects, the employer shall decide whether to implement project supervision.
If it is necessary to carry out project supervision, the employer shall entrust a project supervisor with corresponding qualifications to supervise. The employer and the project supervisor entrusted by the employer shall enter into a written entrustment supervision contract, which is the basis for the project supervisor to supervise the construction of the project in the entrusted supervision contract. The relationship between the employer and the project supervisor is in nature an entrustment contract relationship between equal subjects, so the rights and obligations and legal liabilities of the employer and the supervisor shall be in accordance with the relevant provisions of this law and other laws and administrative regulations such as the construction law.
In the case of project supervision, the employer shall notify the contractor of the supervised construction project in writing of the name, qualification level, supervision personnel, supervision content and supervision authority of the entrusted supervisor before carrying out the project supervision. The construction project supervisor shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction contracts, supervise the construction of the project on behalf of the contractor in terms of the quality of the project construction, the construction period and the use of construction funds. If the project supervision personnel find that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, they shall report to the employer and require the designer to make corrections; 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 builder to make corrections.
In the process of supervision, the project supervisor shall abide by the objective and fair practice standards, and shall not collude with the contractor to seek illegal benefits for the contractor. If the project supervisor does not perform the supervision obligations in accordance with the provisions of the entrusted supervision contract, does not inspect the projects that should be supervised and inspected, or does not inspect the requirements and inspection methods stipulated in the laws, administrative regulations and relevant technical standards, design documents and construction project contracts, and causes losses to the employer, it shall bear the corresponding liability for compensation. For example, if the construction quality of the project is unqualified, it is usually related to the contractor's failure to carry out the construction in accordance with the requirements, and also related to the supervisor's failure to perform the supervision obligations in accordance with the contract.
As for how to determine the corresponding liability of the supervisor, it shall be determined by the people's court or arbitration institution. Where the project supervisor colludes with the contractor to seek illegal benefits for the contractor and causes losses to the employer, it shall be jointly and severally liable with the contractor for compensation.
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The construction unit entrusts the project supervision as follows: if the project supervision is implemented, the employer shall notify the contractor of the supervised construction project in writing of the name, qualification level, supervision personnel, supervision content and supervision authority before the project supervision. The construction project supervisor shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction contracts, supervise the construction quality, construction period and use of funds on behalf of the employer; If the project supervisor does not perform the supervision obligations in accordance with the provisions of the entrusted supervision contract, does not inspect the project that should be supervised and inspected in accordance with the laws, administrative regulations and relevant technical standards, and inspects the requirements and inspection methods stipulated in the design documents and the construction project contract, and causes losses to the employer, it shall bear the corresponding liability for compensation for several rounds.
1. What are the conditions for the completion and acceptance of construction projects?
The completion and acceptance of the construction project shall meet the following conditions:
1. The engineering design and the content agreed in the contract have been completed;
2. The construction unit inspected the quality of the completed project;
3. Have complete technical files and construction management materials;
4. The construction administrative department and the entrusted engineering quality supervision agency and other relevant departments have all been rectified;
5. For the entrusted supervision of the project, there is a complete supervision information, and the supervision unit shall submit a project quality evaluation report, which shall be reviewed and signed by the chief engineer and the relevant person in charge of the supervision unit;
6. The survey and design unit shall inspect the survey and design documents and the design change notice signed by the design unit during the construction process, and submit a quality inspection report;
7. There are acceptance and approval documents issued by planning, fire protection, environmental protection and other departments;
8. There is a project quality warranty signed by the construction unit and the construction unit.
Second, the supervision contract agreement.
The contract agreement is an umbrella document to determine the contractual relationship, which defines the supervision client and the supervisor, defines the supervision project and the composition of the supervision contract documents, stipulates the obligations of both parties in principle, and stipulates the performance period of the contract. Finally, the contract is formally established after being signed by the legal representatives of both parties or their ** persons and stamped with the seal of the legal person. The main terms are as follows:
1) Client and supervisor.
2) A general description of the project supervised by the blind Bidong to ensure that there is no ambiguity in the understanding of the supervision project.
3) Provisions on the definition of terms in the contract.
4) Composition of contract documents.
1. Supervision of bids and bid-winning notices;
2. The standard conditions of this contract;
3. Special conditions of this contract;
4. Supplementary and amended documents signed by both parties during the implementation process.
5) The supervisor's commitment to the client.
In accordance with the provisions of the contract agreement, undertake the supervision business within the scope agreed in the special conditions of the contract.
6) The client's commitment to the supervisor.
In accordance with the term, method and currency specified in the contract agreement, the supervisor shall be paid.
7) The date on which the contract was implemented and completed.
8) Signature column of both parties to the contract.
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The construction unit shall entrust the project supervision: 1. If the project supervision is implemented, before the project supervision, the employer shall notify the contractor of the supervised construction project in writing of the name, qualification level, supervision personnel, file delay supervision content and supervision authority of the entrusted imitation and supervisor. The construction project supervisor shall, in accordance with the laws, administrative regulations, relevant technical standards, design documents, and construction contracts, supervise the contractor on behalf of the employer in the construction quality, construction period, and use of construction funds.
2. If the project supervisor does not perform the supervision obligations in accordance with the provisions of the entrusted supervision contract, does not inspect the projects that should be supervised and inspected, or does not inspect the requirements and inspection methods stipulated in the laws, administrative regulations and relevant technical standards, design documents and construction project contracts, and causes losses to the employer, it shall bear the corresponding liability for compensation. Article 31 of the Construction Law of the People's Republic of China, the construction project under supervision shall be supervised by the construction unit entrusted by the construction unit with corresponding qualifications.
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Answer]: c. Construction project supervision is the supervision of the Wang Bureau slag unit entrusted by the project legal person to supervise the construction of the project.
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