What details should be paid attention to when signing a contract on a construction site?

Updated on society 2024-03-16
3 answers
  1. Anonymous users2024-02-06

    The clearance package is 5% of the starting cost (the pre-meaning is given a little living expenses) water and electricity completion, 20% of the acceptance of the mason carpenter is completed, 25% of the acceptance is completed, 25% of the paint is completed, 25% of the acceptance is qualified, 20% of the installation of lights, sockets and other accessories is completed, and 5% is paid after 3 months without problems.

    Legal basis: Article 13 of the Interim Measures for the Settlement of Construction Workers or Settlement of Journey Prices shall comply with the following provisions:

    A) the project progress payment settlement method.

    1. Monthly settlement and payment. That is, the method of paying progress payments on a monthly basis and liquidating after completion is implemented. For projects with a contract period of more than two years, the project inventory shall be carried out at the end of the year and the annual settlement shall be handled.

    2. Segmented settlement and payment. That is, the project that started in the current year and cannot be completed in the current year shall be divided into different stages to pay the progress payment of the project according to the progress of the project image. The specific division is specified in the contract.

    2) Quantity calculation.

    1. The contractor shall, in accordance with the method and time agreed in the contract, submit a report on the quantity of the completed project to the employer. The employer shall verify the completed quantity within 14 days after receiving the report, and notify the contractor one day before the verification, the contractor shall provide conditions and send personnel to participate in the verification, and the contractor shall not participate in the verification after receiving the notice, and the quantity of the project verified by the employer shall be used as the basis for the payment of the project price. The employer fails to notify the contractor at the agreed time, resulting in the contractor's failure to participate in the verification, and the verification results are invalid.

    2. If the employer fails to verify the quantity of the project within 14 days after receiving the contractor's report, the quantity reported by the contractor shall be deemed to have been confirmed from the 15th day onwards, and shall be used as the basis for the payment of the project price.

    3. The employer shall not measure the amount of work that the contractor exceeds the scope of the design drawings (including design changes) and reworks caused by the contractor.

    3) Payment of progress payment.

    1. According to the determined measurement results of the project, the contractor shall apply to the employer for payment of the progress payment, and within 14 days, the employer shall pay the progress payment to the contractor at a rate not less than 60 of the project price and not more than 90 of the project price. The advance payment to be deducted by the employer at the agreed time shall be settled and deducted at the same time as the progress payment of the project.

    2. If the employer fails to pay the progress payment beyond the agreed payment time, the contractor shall promptly send a notice to the employer requesting payment, and if the employer is still unable to pay as required after receiving the notice from the contractor, it may negotiate with the contractor to sign a deferred payment agreement, which can be deferred after the contractor's consent, and the agreement shall specify the time of deferred payment and the interest on the payable shall be calculated from the 15th day after the confirmation of the project measurement results (the interest rate shall be calculated according to the bank loan interest rate for the same period).

    3. If the employer fails to pay the progress payment as agreed in the contract, and the two parties fail to reach an agreement on deferred payment, resulting in the construction being unable to proceed, the contractor may stop the construction and the employer shall bear the liability for breach of contract.

  2. Anonymous users2024-02-05

    Legal analysis: 1. The most important thing in the first bridge is the contracting scope of the contractor, such as steel bars, carpentry, concrete, bricklaying, scaffolding, plastering, ground, exterior wall insulation, waterproofing, coatings, plumbing, electrical, fire protection, air conditioning, roof scraping cement, scraping white, etc., to what extent the construction of these sub-projects is carried out, such as whether the cantilever beam in the plastering needs to be plastered, the heating inside the plumbing, what part of the construction of the water supply pole, what part of the outdoor construction, and what does the embedded pipe in the electrical containWhen threading, strong current, weak current who wears, and who wears the line under the terminal box.

    2. The scope of materials and auxiliary materials in the contractor, some of which are the main materials of Party A, such as concrete, steel bars, bricks, cement, sand, stones, insulation materials, waterproof materials, etc., all the main materials that cannot be taken away after the completion of construction are provided by Party A, and Party B produces machinery, auxiliary materials, labor, etc., which have a lot of machinery and auxiliary materials, so we must show it as much as possible in the contract, do not write it in general, otherwise you will find that there are some things that are not easy to define during constructionFor example, the concrete pump truck, pump pipe, lift, steel stool in the auxiliary materials, and the concrete jacking brace used by the carpenter to support the shear wall must be explained clearly.

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

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

    Article 789: Construction contracts shall be in writing.

    Article 790: Bidding and bidding activities for construction projects shall be carried out openly, fairly and impartially in accordance with the provisions of relevant laws.

  3. Anonymous users2024-02-04

    Legal Analysis: No. The failure of the first contractor to perform its obligations or errors as agreed, as well as other circumstances for which the project contractor should be liable, resulting in delays in working hours and the inability of the labor subcontractor to receive contract remuneration and other economic losses of the labor subcontractor in a timely manner.

    The labor subcontractor may claim compensation from the project contractor. Therefore, the construction site must be done after the contract is signed, otherwise it will constitute a breach of contract.

    Legal basis: Article 110 of the Civil Code of the People's Republic of China A contract established in accordance with the law shall be legally binding on the parties.

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