Is there any provision in the Contract Law on the proportion of warranty money for construction proj

The Contract Law does not specify the amount of the warranty, but the Ministry of Construction has a standard contract, which stipulates that the warranty is 5% of the total cost of the project, and the general project is implemented according to this ratio.

During the warranty period, the construction unit has the obligation to repair the construction project, if this obligation is not met, then the construction unit can find another person to carry out maintenance, and the required expenses will be deducted from the warranty money. The remaining part must be paid by the construction unit after the end of the warranty period.

The project warranty money refers to the funds for the construction unit (owner) and the construction enterprise to agree in the project construction contract that the construction unit (owner) and the construction enterprise shall reserve from the project payment payable in order to implement the maintenance responsibility of the project during the defect liability period (that is, the construction quality of the project does not meet the mandatory standards for engineering construction, design documents, and the agreement of the contract).

The project warranty money shall be directly withheld by the construction unit (owner) from the project measurement appropriation of the construction enterprise according to the total settlement amount of the project price multiplied by the contract (generally 5%), and the interest is generally not calculated. The construction enterprise shall, within the defect liability period (generally 12 months) after the completion (delivery) and acceptance of the project, conscientiously perform the responsibilities agreed in the contract, and apply to the construction unit (owner) for the return of the project warranty in a timely manner after the expiration of the defect liability period. The construction unit (owner) shall promptly return the project warranty money to the construction enterprise (if there is a defect during the defect liability period, the corresponding defect maintenance cost will be deducted).

Legal analysis: The reserve ratio of the project warranty fund is not higher than 3% of the total settlement amount.

Legal basis: Measures of the People's Republic of China for the Management of Quality Deposit for Construction Projects

Article 7 The employer shall reserve a deposit in accordance with the contract, and the total proportion of the deposit shall not be higher than 3% of the total settlement of the project price. If the contract stipulates that the contractor shall replace the reserved deposit with a bank guarantee, the amount of the guarantee shall not be higher than 3% of the total settlement amount of the project price.

Article 8 The defect liability period shall be counted from the date on which the project passes the completion acceptance. If the project cannot be completed and accepted within the prescribed time limit due to the reasons of the contractor, the defect liability period shall be counted from the date of actual completion acceptance. If the project cannot be completed and accepted within the prescribed time limit due to the reasons of the employer, the stool banquet will automatically enter the defect liability period 90 days after the contractor submits the completion acceptance report.

The contract law does not specify the amount of the warranty, but the Ministry of Construction has a standard contract, which stipulates that the warranty is 3% of the total cost of the project, and the general project is implemented according to this ratio. On the 7th day of the hail in June, the executive meeting launched a new fee reduction measure, in which it was decided to reduce the upper limit of the reserved proportion of the source file deposit for the quality of the construction field from 5% to 3%. According to the calculation of the operating income of the national construction industry in 2016 of about 17 trillion yuan, the project quality margin is about 540 billion yuan.

After this fee reduction, the upper limit of margin reservation has been reduced from 5% to 3%.

There is no mandatory provision in the law for this, which can be determined by negotiation between the two parties, generally at 5-10%. According to the "Measures for the Management of Quality Deposit of Construction Projects": For construction projects that use all or part of the investment, the quality margin shall be reserved at about 5% of the total settlement amount of the project price.

Social investment projects can be implemented by reference. It's not a hard and fast rule, it's generally 5% of the stool, and there are 10%, and I've never seen more than 10%. The project project warranty is supplemented by the total settlement amount of the project price multiplied by the proportion agreed in the contract (generally 5%)

"Quality guarantee" is the quality guarantee of the credit record members for their own corporate reputation. Credit record members should not only accept the supervision of credit score and transaction evaluation, but also accept the supervision of quality margin. If the member violates the rules in the process of cooperation, he or she needs to deduct the corresponding pledge as a penalty.

"Warranty money" is not only to prove confidence in the quality of their own services, but also the most powerful tool to promote their image to the outside world, and it can also make partners more assured.