Is it okay if there is no special clause in the construction conditions of the construction contract

Ziyun Hanxing2008-08-3110 In the construction contract, there are no special clauses in the construction conditions, only general clauses, is it okay? Can you give an example? Thank you all for adding:

No way! The general terms and conditions of construction work apply to all construction projects, but they cannot be used only in specific operations. Bidding projects cannot only refer to construction projects, but to specific construction projects, such as residential buildings, or commercial buildings, or industrial plants, or roads, or bridges, or railways, or hydropower plants, or barrages, or renovation works, etc., that is to say, they cannot refer to construction projects in general.

Therefore, the general contract clauses should be refined and supplemented in combination with the country where the bidding project is located, the location and the situation of the project itself (referring to the specific bidding project). Together, the General and Specific Terms and Conditions form a complete set of contractual conditions that are appropriate to the country, location and specific project of the project.

The conclusion is: the bidding project must have complete general terms, special terms, bills of quantities and drawings, as well as the technical standards and requirements of the bidding project, so as to give the bidder a complete bidding conditions.

The above is only a personal opinion for reference.

The general terms and conditions are formulated in accordance with the provisions of laws, administrative regulations and the needs of the construction of the construction project, and are generally used in the construction of the construction project;

The special clause is a clause on which the employer and the contractor reach an agreement through consultation in accordance with the provisions of laws and administrative regulations, combined with the actual situation of the specific project, and are the concretization, supplement or modification of the general clause.

Whether or not to enforce the general terms in the performance of the contract shall be based on the provisions of the special terms. If the Specific Terms do not modify one of the provisions of the General Terms, the General Terms shall be enforced, otherwise the modified Specific Terms shall apply.

Describe it emotionally: after signing the contract, if you feel that the expression of the second paragraph of the first article of the contract is not clear enough and needs to be modified, you can agree with the other party to set up another clause to specifically interpret the second paragraph of the first article, then the clause in the previous contract is the general clause, and the clause that plays the role of explanation is the special clause, and the special clause takes precedence.

1. Contract documents: supplements or changes to the order of contract composition and interpretation;

2. Design documents: the number of copies of design documents provided by Party A; When Party B is responsible for part of the design, the time and number of copies of the design documents shall be submitted;

3. The contract is surrounded by the project: the location, content, scale, scale of the building, the structural form of the building, and the construction content of different specialties such as hydraulic engineering, storage yard, hydropower, civil engineering, machinery, dredging and so on within the scope of the contract are clarified.

4. Substitution of technical standards: other technical standards and application scope applicable to the project;

5. Provide site conditions: Party A shall provide Party B with the time, location, area and elevation of the construction site;

6. Provide water, electricity and transportation conditions, Party A provides water, electricity, transportation and communication conditions and connection location and time, and Party A provides the location and time of temporary berthing waters for construction ships.

1. The work of the construction employer.

The employer shall complete the following work according to the agreed time and requirements:

2. The time, place and requirements for connecting the water, electricity and telecommunication lines required for construction to the construction site: the water, electricity and telecommunications used by the contractor in the construction shall be designated by the employer in the construction site;

3. When the passage between the construction site and the public road is opened, the employer shall ensure that the construction and transportation arteries are unimpeded during the construction period.

2. Payment and payment of the construction contract.

1. The contracting method of this contract, the calculation and payment method of the contract price;

2. The adjustment of the contract price, the restriction or supplement of the adjustment, and the specific method of adjustment;

3. The time, amount and method of project advance payment, project advance payment; the time, proportion and method of deduction of project advance payment;

4. The time for Party B to submit the quantity report after the quantity is confirmed;

5. Progress payment, the time agreement and implementation measures for the payment of progress payment, and the interest on the deferred payment of progress payment.

The general clauses in the construction contract can be used directly, and can be added and changed without violating the mandatory provisions of the law, and the parties to the contract can change them according to the specific circumstances.

1. Principles for the conclusion of construction contracts.

1. Equality of subjects.

Hexiang respects the legal status of the parties equally, and one party shall not impose his will on the other party. All civil subjects are equal in terms of legal personality and enjoy independent personality without being dominated, interfered with or controlled by others.

2. Freedom of contract.

The parties enjoy the right to voluntarily conclude a contract in accordance with the law, and no unit or individual may illegally interfere with it, including the voluntary or free nature of concluding a contract, choosing a contracting counterparty, choosing the method of contract, deciding on the content of a contract, and interpreting a contract.

3. Rights and obligations are fair and reciprocal.

In economic activities, any party to the contract has both rights and corresponding obligations, and the rights and obligations are equal. For a contract that is obviously unfair, one of the parties has the right to request the court or arbitration institution to revoke or modify it.

4. Honesty and credibility.

Honesty and credibility means that when civil entities engage in civil activities, including contractual acts, they should be honest and trustworthy, exercise their rights and perform their obligations in a bona fide manner, and must not engage in any fraudulent acts.

5. Abide by the law and maintain social welfare.

When parties conclude or perform contracts, they shall abide by laws and regulations, abide by social morality, and must not disrupt the social and economic order or harm the public interest.

2. What are the types of project entrustment contracts?

1. The contract price of the fixed-price contract.

A fixed lump sum is the contract for the project at the agreed lump sum price. It is characterized by the fact that it is based on drawings and engineering specifications, clarifies the contract content and calculates the package price, and covers it in one lump sum. In the process of contract execution, unless the construction unit requires a change in the original contract content, the contractor shall generally not request a change in the package price.

This method is relatively simple for construction units, so it is welcomed by general construction units.

2. The contract price of the volume-based contract.

The quantity-based potato banquet contract is based on the bill of quantities and the unit price list as the basis for calculating the package price. Usually, the construction unit entrusts the design unit or a professional estimator (cost engineer or surveyor) to propose a bill of quantities and list the quantities of the sub-items.

For example, excavate a number of cubic meters, fill and tamp a number of cubic meters, concrete, wall plastering a number of square meters, etc., by the contractor to fill in the unit price, and then calculate the total cost. Because the quantity of the project is calculated uniformly, the contractor only needs to review and fill in the appropriate unit price to obtain the total cost, and the risk is small; The contracting unit only needs to review whether the unit price is reasonable, which is convenient for both parties.

At present, this kind of contracting method is widely used in the world. In China, as the direction of the reform of the project cost calculation method, has begun to be implemented.

3. The contract price of the unit price contract.

In the case that it is necessary to start construction without construction details, or if there are construction drawings but some conditions of the project are not completely clear, it is more appropriate to adopt a unit price contract, which can not calculate the quantity of the project more accurately, and to avoid making either the construction unit and the contractor bear too large risks by luck.

The construction contract is invalid and its terms are invalid; However, if the validity of some provisions is not affected, such provisions shall remain valid. After the contract is invalid, the parties shall return the property income or compensate the other party at a discount; If there is a fault, it will also bear the liability for compensation.

[Legal basis].Article 155 of the Civil Code.

Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Article 156.

Where a part of a civil juristic act is invalid and does not affect the validity of the other parts, the other parts are still valid.

Article 157.

After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of the act shall be returned; Where it cannot be returned, or where it is not necessary or spurious, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.