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There are many situations involved in the start of a construction site, and I will only briefly introduce the following points:
1. The first type of commencement and completion time is the commencement and completion time mentioned in the feasibility study of the scheme;
2. After the basic completion of the scheme design, it enters the bidding stage, and there is a start and completion date in the bidding process;
3. After determining the winning construction unit, the contract will be formally signed, and when the contract is signed, another contract will be opened and completed;
4. After the contract is signed, before the construction unit organizes the entry into the site, it will come to the next planned start and completion time;
5. After the on-site preparation work is completed, the construction unit shall submit the commencement report to the supervision unit for review, and there is a commencement time on the commencement report.
6. After the approval of the commencement report, it does not mean that the construction unit will organize the start of construction on time and immediately, and often the construction unit will use the method of "superstition" to select a "auspicious" time to start the construction time and hold the commencement ceremony.
7. But the completion of the groundbreaking ceremony does not mean that the construction has really started. The real start of construction still requires all the preparations of the construction unit on site to be completed before the construction can be officially organized. That's the real start of work.
A lot of the above has been said, and under normal circumstances, it is obviously such a project, which appears.
Six or seven start dates are not the same.
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Legal analysis: determination of the actual construction period of the project commencement date. If the contract evidence proves the actual construction period, the actual construction period of the contract shall be determined, and the contract evidence shall be issued, and the contract shall be issued with a notice, project supervision record, meeting minutes, and Shi Shen Hu Gong permit, etc.; Although the contract has evidence to prove the actual construction period, the construction report shall determine which inter-ethnic construction period is recorded in the construction report; If there is any evidence to prove the actual construction period, the construction report shall be accurate as agreed in the contract.
Legal basis: Article 5 of the Interpretation (II) on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts Article 5 Where the parties have a dispute over the date of commencement of a construction project, the people's court shall separately leniency and delay the blocking in accordance with the following circumstances:
1) The commencement date shall be the commencement date specified in the notice of commencement of construction issued by the employer or supervisor; After the notice of commencement is issued, if the conditions for commencement of construction are not yet met, the time when the conditions for commencement of construction are met shall be the date of commencement; If the commencement of construction is postponed due to reasons attributable to the contractor, the time specified in the notice of commencement of construction shall be the date of commencement.
2) If the contractor has actually entered the site for construction with the consent of the employer, the actual time of entering the site for construction shall be the date of commencement.
3) If the employer or supervisor has not issued a notice of commencement of construction, and there is no relevant evidence to prove the actual date of commencement, the date of commencement of construction shall be determined by comprehensively considering the time specified in the commencement report, contract, construction permit, completion acceptance report or completion acceptance record form, and in light of the facts of whether the conditions for commencement of construction are met.
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1. How to calculate the start date of the project.
1. Generally, the commencement date of the project shall be calculated from the date specified in the notice of commencement of construction. After the notice of commencement is issued, if the conditions for commencement of construction are not yet met, the time when the conditions for commencement of construction are met shall be the date of commencement; If the contractor causes the commencement of construction to be delayed, the time specified in the notice of commencement shall be the date of commencement; If the contractor agrees to enter the site for construction in advance, the contractor's actual entry time shall be based on the date of commencement.
Legal basisArticle 795 of the Civil Code of the People's Republic of China The content of the construction contract generally includes the scope of the project, the construction period, the commencement and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of the quality warranty and the quality assurance period of Zhengbi, mutual cooperation and other terms.
2. How to calculate the construction period of the project contract.
The calculation of the construction period of the engineering contract involves the commencement date and the completion date, the commencement date is the starting point of the construction period calculation, and the completion date is the end point of the construction period calculation, which is the starting point of the construction period calculation minus the starting point of the calculation. The start date is the starting point of the construction project period, and it is also the first important node to control the construction period risk. Generally speaking, the start date of construction can be determined in the following ways:
The specific date specified in the contract is the date of commencement of construction; The date specified in the employer's notice of commencement of construction shall be the date of commencement of construction; The date specified in the supervisor's notice of commencement shall be the date of commencement of construction; The date of commencement of construction shall be the date on which the commencement report submitted by the contractor or the application for commencement of construction is approved. In practice, disputes often arise between the parties over the commencement of construction due to the inconsistency between the agreed commencement date and the actual commencement date.
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It doesn't have to be consistent. The date of the commencement report can only be on or after the date of the permit, not before, and not too far apart.
The commencement report is declared by the construction unit after the project has the construction conditions, and the construction permit is declared by the construction unit to the competent functional department, so the construction permit must be obtained in the procedure before the official start of construction. When making the project information, if the commencement report is earlier than the time on the construction permit, the project information will not be reviewed.
Expand the Zisun Sakura to sell materials:
1. The construction permit of the construction project is the approval document for the construction unit to meet various construction conditions and allow the start of construction, the legal certificate for the construction unit to carry out the construction of the project, and one of the main bases for the registration of housing ownership.
2. Construction projects without construction permits are illegal buildings and are not protected by law. When the various construction conditions are complete, the construction unit shall, in accordance with the plan approved by the start of the project, go through the construction permit procedures with the people's construction administrative department at or above the county level where the project is located, and obtain the construction permit. Without obtaining a construction permit, no construction shall be started without authorization.
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It doesn't have to be the same, but it can only be after the date of the license and not before. For example, the permit date is your start date, which can be but can't.
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The start date cannot be earlier than the approval date of the construction permit, and the start date of the data must correspond to the permit date, otherwise the requirements of the specification will be violated, and the data archiving will not be passed.
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The paragraph of the construction contract (model text) of China's construction project stipulates that the date on which the contractor submits the completion acceptance report is the actual completion date when the project is completed and accepted. If the project passes the completion acceptance after being modified according to the requirements of the employer, the actual completion date shall be the date on which the contractor submits the project to the employer for acceptance after the modification.