Ask for a contract for supervision bidding, and what contract does the supervision contract belong t

The supervision contract is the same as the construction contract.

Legal analysis: The supervision contract is an entrustment contract. The supervision contract refers to the agreement that the construction unit hires the supervision unit to manage the project on its behalf and clarifies the rights and obligations of both parties. The construction unit is called the client, and the supervision unit is called the trustee.

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

Article 796: Where a construction project is supervised, the employer and the supervisor shall conclude a contract in writing for entrusted supervision. The rights and obligations and legal liabilities of the employer and the supervisor shall be in accordance with the provisions of the entrustment contract and other relevant laws and administrative regulations in this Part.

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 920:The client may specifically entrust the trustee to handle one or more affairs, and may also entrust the trustee to handle all affairs in general.

Article 921: The client shall pay in advance the costs of handling the entrusted affairs. The trustee shall repay the necessary expenses advanced by the trustee for the handling of the entrusted affairs, and pay the interest to the reformer.

The main contents of the construction project supervision contract include the following items: 1. The scope of the project. 2. Construction period.

3. The opening and completion time of the intermediate delivery project. An overall construction project is often composed of many intermediate projects, and the completion time of the intermediate project affects the commencement of the follow-up project, restricts the smooth completion of the whole project, and the commencement and completion time of the intermediate project need to be clearly agreed upon in the construction contract. 4. Project quality.

5. Project cost. Due to the use of different fixed calculation methods for the project cost, there will be a huge price difference. In the contract signed by means of bidding and bidding, the amount determined at the time of winning the bid shall prevail; If the investment is contracted according to the general estimate of the preliminary design, the investment of the corresponding part of the estimated investment and the contract content (including the corresponding unforeseen expenses) shall be used as the project price; If the construction drawing budget is lump sum, the total budget or comprehensive budget of the construction drawings after review shall prevail.

In the construction and installation contract, if the project price can be accurately determined, it shall be clearly stipulated. If the project price cannot be accurately calculated at the time of signing the contract, especially for the project according to the construction drawing budget plus on-site visa and on-time settlement, the calculation principle of the project price shall be clearly stipulated in the contract, and the quota and calculation standard for implementation shall be specifically agreed, as well as the verification method of the project price. 6. Delivery time of technical data.

The technical data of the project, such as survey and design data, are the basis and basis for the construction of the building, and the employer must deliver the relevant technical data of the project to the constructor in a comprehensive, objective and timely manner in order to ensure the smooth progress of the project. 7. Responsibility for materials and equipment. 8. Appropriation and settlement.

In the construction contract, the settlement method and payment method of the project price vary according to different forms of contract. In a construction and installation contract, the two parties need to negotiate on a case-by-case basis and clearly agree in the contract. For the allocation of project funds, it shall be determined by both parties according to the content of the payment, specifically the following four items:

Advance; progress payment; Completion settlement payment; Warranty withholding money. 9. Completion acceptance. The state has formulated corresponding administrative regulations to standardize the methods, procedures, and standards for the acceptance of construction projects.

10. Quality warranty scope and quality assurance period. After the construction project is handed over and accepted, within the specified time limit, the construction unit shall be responsible for repairing and replacing the quality defects of the project caused by construction, materials and other reasons. The state generally has clear requirements for the quality assurance period of construction projects.

11. Mutual Cooperation Clause. The construction contract is the same as the survey and design contract, which not only requires the parties to actively perform their obligations, but also needs the parties to cooperate with each other to assist each other in fulfilling their obligations, such as submitting relevant technical data in a timely manner during the construction process, reporting the project situation, and inspecting and accepting the project in a timely manner when it is completed. The above is the stipulation of what is included in the model contract for the supervision of surveying and mapping projects.

Analysis of the law of absolute emptiness: it belongs to the construction project contract and the two-way contract.

The basis of the project supervision work is the project contracting contract and the supervision contract. The responsibility of the supervisor is to promote the full performance of the project contract signed by both parties A and B under the premise of implementing the relevant laws and regulations of the state. control the investment, duration and quality of project construction; Carry out safety management and contract management; Coordinate the working relationship between the units concerned; That is, "three controls, two pipes, and one coordination".

Engineering supervision is a major reform in the field of engineering construction in line with foreign standards and combined with China's national conditions. It is similar to the project management services provided to the owner in foreign countries. According to the needs of the owner, the project supervision can provide the owner with the whole process of the project or a certain stage, such as the supervision of the construction stage, the supervision of civil works and the supervision of installation works.

Civil engineering supervision is the supervision of building structure and decoration construction process; The supervision of installation engineering is the supervision of the installation process of building equipment and facilities, including building water supply and drainage, electrical wiring, weak current and elevators and other equipment and facilities inside the building.

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 789: Construction contracts shall be in writing.

The full name of the construction supervision contract is the construction project supervision contract, which refers to the agreement that the construction unit hires the supervision unit to manage the project on its behalf and clarifies the rights and obligations of both parties. The construction unit is called the client, and the supervision unit is called the trustee. (Related Recommendations:.)

Construction Project Supervision Contract).

The engineering supervision unit refers to the service organization established in accordance with the law and obtaining the qualification certificate of the engineering supervision enterprise issued by the competent construction department, and engaged in construction project supervision and related service activities.

The basic content of the construction supervision contract mainly includes: (1) the construction project entrusted supervision contract (2) the standard conditions (3) the special conditions three parts.

Basic features of the construction supervision contract:

1. The parties to the construction supervision contract shall be enterprises and institutions with civil rights and civil capacity, and other social organizations that have obtained legal personality, and individuals can also become parties to the contract within the scope permitted by law. As the client must be a state-approved construction project, the implementation of the investment plan of enterprises and institutions, other social organizations and individuals, as a supervisor must be established in accordance with the law with legal personality of the supervision unit, and the project supervision business undertaken should be consistent with the qualification of the unit.

2. The conclusion of the construction supervision contract must be in accordance with the construction procedures of the project.

3. The subject matter of the entrusted construction supervision contract is the service, and other contracts signed in the implementation stage of the project construction, such as the survey and design contract, the construction contract, the material procurement contract, and the subject matter of the processing contract is to produce new material hail or information achievements, and the subject matter of the construction supervision contract is the service, that is, the supervision engineer is entrusted by the owner to supervise and manage the performance of other contracts signed by the owner based on his knowledge, experience and skills. Therefore, the Contract Law of the People's Republic of China classifies the supervision contract into the scope of the entrustment contract. Article 276 of the Contract Law stipulates that "where a construction project is supervised, the employer of the construction unit shall enter into a contract of entrustment supervision with the supervisor in writing."

The rights and obligations and legal liabilities of the contractor and the supervisor of the construction unit shall be in accordance with the provisions of the entrustment contract and other relevant construction laws and administrative regulations of this Law. ”