What should be paid attention to in the construction site agreement, and what issues should be paid

The agreement requires each construction site to achieve 8 regulations: paddock construction, fence not less than two meters; The materials in the construction site are stacked neatly; Timely disposal of waste materials; After the completion of the project, all temporary facilities will be dismantled; Do not make sewage flow sideways and overflow; Do not throw construction waste down from high-rise buildings, and clean vehicles entering and exiting the construction site; Construction debris is transported in a closed manner and shall not pollute the road surface; The construction site should cooperate with the urban management department to carry out civilized construction supervision.

If the construction site of Party B violates the agreement, the urban management brigade of Nanming District of Party A may impose a heavy fine. It is reported that the Nanming District Urban Management Brigade will sign a "civilized construction agreement" with all more than 40 construction sites in the jurisdiction in the near future.

Clause. 1. It is very important to carefully read and accurately understand the "General Terms", which not only indicate the exact meaning of the contract terms and guide how to sign the specific contract terms, but more importantly, when the basic terms in the specific terms are not specifically agreed, the corresponding terms in the "General Terms" will become the contract agreement agreed by both parties.

Clause. 2. The contract price shall be clearly agreed. The agreement on construction period, quality and project cost is the most important content of the construction contract.

Clause. 3. Agree in detail on the project advance payment, progress appropriation and completion settlement procedures.

Clause. 4. The general contracting contract of a construction project shall specifically stipulate the relationship between the employer, the general contractor and the subcontractor and their respective responsibilities. The early sale of the general contract shall concretize the relationship and responsibilities of the parties, facilitate operation and avoid disputes.

Clause. 5. Clearly agree on the responsibilities and authority of the management personnel of the supervision engineer and other parties. During the construction process of a construction project, there are many engineering and technical personnel and management personnel involved in the production management of the employer, contractor and supervisor, and the responsibilities and authority are often unclear or unknown to other parties, resulting in unnecessary disputes between the parties.

Clause. 6. Materials and equipment shall be clearly agreed.

Clause. 7. Force majeure should be quantified. The "General Clauses" of the contract provide detailed provisions on how to divide the responsibilities, obligations and expenses of the parties after the occurrence of force majeure.

Clause. 8. Use guarantee clauses to reduce the risk factor. When entering into a contract, the security system in the legal system can be used to prevent or reduce the risks posed by the terms of the contract.

If the contractor provides a performance guarantee to the employer, the employer shall also provide the contractor with a guarantee for the payment of the project price.

Clause. 9. Circumstances that should be paid attention to when agreeing on a breach of contract clause. The specific amount and calculation method of liquidated damages or compensation should be agreed upon, and it should be feasible to prevent disputes after the fact.

Clause. 10. Matters needing attention shall be paid to the settlement of disputes. The parties shall reach an agreement on whether to choose arbitration or litigation for the settlement of disputes.

1. Validity of construction contracts.

When signing a construction contract, if the parties have the capacity for civil conduct, it is an expression of their true intentions, and it does not violate the mandatory provisions of the law and public order and good customs, it has legal effect.

Civil Code of the People's Republic of China

Article 143:[Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

2. The content of the contract shall be fair and legal.

There shall be no prohibitions in the contract documents that violate national laws and administrative regulations, otherwise the contract will be invalid or some relevant clauses in the contract will be invalid.

1. The contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level;

2. The actual builder without qualifications borrows the name of a qualified construction enterprise;

3. The construction project must be tendered but the bidding is not carried out or the bid is invalid;

4. The contractor illegally subcontracts the construction project.

Legal analysis: The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names or titles of the parties shall disturb the congratulation and residence; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and Li Sen generally includes the following clauses: (1) the name and address of the parties, Sun Pai; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The issues that should be paid attention to in the construction contract are: pay attention to the name or name of the parties to the construction contract or the residence; pay attention to the subject matter, quantity or quality or price or remuneration of the construction contract; Pay attention to the performance method or performance period of the construction contract; Other contents stipulated by law, etc.

A construction contract refers to an agreement between the employer (construction unit) and the contractor (constructor) to clarify the mutual rights and obligations in order to complete the agreed construction project. According to the construction contract, the construction unit shall complete the rock cutting construction task assigned by the construction unit, and the construction unit shall provide the necessary conditions and pay the project price in accordance with the regulations.

The construction contract is a contract in which the contractor carries out the construction of the project and the employer pays the price, which is the main contract of the construction project, and is also the main basis for the quality control, progress control and investment control of the project construction. The parties to the construction contract are the employer and the contractor, and both parties are equal civil subjects.

The construction contract of a construction project must first have the basic elements of the contract, which are the name or address of the parties, the subject matter, quantity, quality, price or remuneration, the performance period, place and method, the liability for breach of contract and the method of resolving disputes. Among them, the construction contract should pay special attention to the scope of the project, the construction period, the start 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, and the mutual cooperation between the two parties.

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

Article 795 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 quality warranty and the quality assurance period, mutual cooperation, and other clauses.

What issues should be paid attention to in the construction contract of construction projects? The construction contract of the construction project should pay attention to the clear and complete necessary terms of the contract, and pay attention to whether the business license of the parties to the contract is legal and whether it has the corresponding construction qualifications.