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The Construction Law of the People's Republic of China stipulates: "The State implements the construction project supervision system. "Construction project supervision shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction contracts, supervise the contractor on behalf of the construction unit in terms of construction quality, construction period and construction funds.
It can be seen that the state has clarified the legal status of the supervision system in law.
Legal norms. Code for Construction Engineering Supervision GBT50319-2013 Editor-in-chief: China Engineering Supervision Association.
Approved by: Ministry of Construction of the People's Republic of China.
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Construction project supervision is a professional service activity in which the construction supervision enterprise with corresponding qualifications accepts the entrustment of the construction unit, undertakes its project management work, and monitors the construction behavior of the contractor on behalf of the construction unit. Its characteristics are mainly manifested in the service, scientificity, independence and impartiality of supervision. According to Article 31 of the Construction Law, the construction project under supervision shall be supervised by the construction unit entrusted by the construction unit with corresponding qualifications.
The construction unit and its entrusted project supervision unit shall enter into a written entrustment supervision contract. Article 32 The supervision of construction projects shall, in accordance with the laws and administrative regulations and relevant technical standards, design documents and construction contracts, supervise the contractors on behalf of the construction units in terms of construction quality, construction period, and use of construction funds.
Article 31 of the Construction Law to supervise the construction project, by the construction unit entrusted with the corresponding qualifications of the project supervision unit supervision. The construction unit and its entrusted project supervision unit shall enter into a written entrustment supervision contract. Article 32 of the Construction Law shall be in accordance with laws, administrative regulations and relevant technical standards, design documents and construction contracts, the contractor in terms of construction quality, construction period and use of construction funds, etc., on behalf of the construction unit to supervise.
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 construction enterprise to make corrections. If the project supervisor finds that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, he shall report to the construction unit and request the design unit to make corrections.
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Legal analysis: "Code for Construction Project Supervision" is a 2013 China Building Industry Press published rules and regulations, compiled by the Ministry of Housing and Urban-Rural Development of the People's Republic of China, involving the Code for Construction Project Supervision (GB T50319-2013) According to the announcement of the Ministry of Housing and Urban-Rural Development of the People's Republic of China, the Code for Construction Project Supervision is now approved as a national standard, numbered GB T 50319-2013, effective from March 1, 2014.
Legal basis: "Code for Construction Engineering Supervision" GB T 50319-2013 The implementation of construction project supervision should follow the following main basis: 1. Laws and regulations and engineering construction standards; 2. Survey and design documents of construction projects; 3. Construction project failure pants supervision contract and other contract documents.
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Report and talk about limb tung materials: enterprise qualifications, personnel qualifications, construction organization design, general construction schedule, various special construction plans, safe and civilized construction plans.
Measurement and verification data:
Engineering positioning measurement pay-off record, line inspection record
Quality certification documents for materials, equipment, and components:
Certificate, factory inspection report and retest report, commercial concrete qualification, commercial concrete information, other materials of the certificate, record certificate and application form.
Check the test data:
Rebar test welding, finished welding retest report, test block test report and other test data, material laboratory qualification application form.
Basis for compilation
1) Project supervision, planning and supervision contract, construction contract;
2) Design drawings, design changes and explanatory documents;
3) Engineering geology, water ripple geological survey report, meteorological data, etc.;
4) The laws and regulations of the state and Shaanxi Province related to engineering construction;
5) Relevant technical specifications, procedures, standards and management procedures issued by the state, Shaanxi Province and Xi'an City;
6) The approved construction organization design and special construction plan submitted by the contractor.
The above content refers to: Encyclopedia - Construction Engineering Supervision.
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1. Review and approve the settlement of the burning cherry blossom report;
2. Mediate the contract dispute between the construction unit and the construction unit and deal with the claim;
3. Deploy supervision personnel according to the progress of the project, and replace incompetent supervision personnel;
4. Participate in the preparation of supervision planning, and be responsible for the preparation of the supervision implementation rules of the profession;
5. Responsible for the implementation of the professional supervision work, guide and inspect the work of the supervisor, and submit the report on the implementation of the supervision work to the chief engineer.
Legal basis: Article 3 of the Administrative Measures for the Construction Subcontracting of Housing Construction and Municipal Infrastructure Projects.
Article 3 of the Contract Law of the People's Republic of China omits Article 159.
Article 405 of the Contract Law of the People's Republic of China.
Article 360 of the Contract Law of the People's Republic of China.
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Legal analysis: the standards for construction project supervision are: review and sign the settlement statement; mediate contract disputes between the construction unit and the construction unit and handle claims; According to the progress of the project, the supervision personnel are equipped with rubber molds, and the incompetent supervision personnel are replaced; Participate in the preparation of the supervision plan, responsible for the preparation of the professional supervision implementation rules; Responsible for the implementation of the professional supervision of the beam, guide and inspect the work of the supervision personnel, and submit the supervision work implementation report to the chief engineer of the project.
Legal basis: Administrative Measures for the Construction Subcontracting of Housing Construction and Municipal Infrastructure Projects
Article 3 The competent department of housing and urban-rural construction is responsible for the supervision and management of the construction subcontracting of housing construction and municipal infrastructure projects nationwide.
The competent departments of housing and urban-rural construction of local people's governments at or above the county level shall be responsible for the supervision and management of housing construction and municipal infrastructure project construction subcontracting within their respective administrative areas.
As Party A, the technical approval order.
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