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1、.窗體頂端"Makiyama Yat home" club, and A3, D2, B1-type model room interior decoration Construction contract Signing Time: July 21, 2011 Signing Venue: Chengdu screen wall is House No. 11, Lane Street Employer (hereinafter referred to as Party A): Real Estate Development Co., Ltd. Chengdu Zhong
2、yi Contractor (hereinafter referred to as Party B): Sichuan Family Church Decoration Engineering Co., Ltd. United States Party to determine the "Makiyama Yat home" club, and A3, D2, B1-type model room interior decoration of about 2200 square meters room (Hall) interior construction works w
3、ere assigned to B construction. To further clarify the responsibilities of both parties, rights and obligations to ensure the smooth implementation of projects by both parties through friendly consultations in accordance with the "Contract Law" and the relevant provisions of Chengdu, and i
4、n light of the specific circumstances, in both parties completely voluntary and fully understand the terms of the contract, the signing of the construction contract. 1.0 Definition The following definitions in this contract as otherwise agreed, shall have the meaning given below: 1.1 Duration: Party
5、 A Party B in the contract, according to the total number of calendar days (including holidays) calculated the number of contracted days. 1.2 Engineering Quality Standards: quality of the project must meet eligibility, acceptance and the need to get through an integrated project quality and effectiv
6、eness of the Party's approval. 1.3 Drawings: means provided by the Party and through chart review of all the design drawings (to be signed or the signature Party), Party A or Party B submitted and approved by all the drawings (including supporting the instructions and technical information). 2.0
7、 Contract document and explain the order of Constitute a contract between the paper should be able to explain each other instructions. Terms of the contract except as otherwise agreed, form the contract documents and explain the order of priority as follows: 2.1.1 The contract and its annexes; 2.1.2
8、 After the signing of this contract, the parties agreed to negotiate, change and other written agreements or documents; 2.1.3 Party A in writing and both sides agreed on the project meeting minutes 2.1.4 the construction drawings and design changes; 2.1.5 The current national and local laws, regulat
9、ions, ordinances, standards, norms, regulations and other relevant technical information; 2.1.6 Quantities and materials; 3.0 Scope and content of the works contract 3.1 Project Overview Project Name: "Makiyama Yat home" club and A3, D2, B1-type model room interior decoration construction
10、Project Location: Chengdu Xinjin source of the town, "Makiyama Yat home" at the site. Construction site conditions and surrounding environment: B on their own site visits to determine the site fully able to meet the requirements of the construction site, with constr
11、uction conditions. 3.2 Contract Scope: "Makiyama Yat home" club, and A3, D2, B1-type model room interior construction, including the list of all projects within the scope of that wall, the top primary processing, finishing and installation, etc. (see annex II drawings ). 3.3 Technical requ
12、irements: see the design drawings and the relevant national standards, norms, procedures and local regulations and so on. 4.0 within the scope of the contract using the list of all lump sum lump-sum way of pricing, the contract lump sum total of all 5.45 million yuan (upper: Wu Bai Si Shi Wu Million
13、), the whole lump sum total of the lump sum price of each apartment are: club lump sum total of million (capital:); A3 size lump-sum total for the million (capital:); D2 Unit lump sum total of million (capital:); B1 Unit lump sum total of million (capital:). Party as a result of the reasons for desi
14、gn changes, the offer, according to Party B the corresponding item on the list of the total contract price to be adjusted accordingly. If price is no corresponding item on the list, the two sides agreed to 2009 "Sichuan Construction Quantities scale" construction, installation, decoration,
15、 maintenance, fixed lump sum fee to fall (details in Annex I, BOQ) billing, material price Party confirmed by price. Original condition of the ground investigation by the Party itself, and take risks. Whole lump sum total of all the unforeseen costs included, in addition to the design change causes
16、Party, the Party B to Party A can not be any reason other than the contract price charged any fees. Lump sum contract price list and full details see the total composition of quantities (listed in annex I). Whole lump sum total cost of materials, including but not limited to (a specified list, excep
17、t for materials), machinery costs, labor costs, water, electricity, transportation, cleaning, measures, insurance, product protection fees, management costs, profits, taxes and everything needed to complete the project costs. Lump sum total of all construction units survey the scene to confirm the t
18、otal price of the contract settlement within the scope of the list is no longer adjusted. All material risks in the project before final acceptance by the Party themselves. 4.1 utility costs directly to the Party by Party B or Party unit designated to pay water and electricity. 4.2 to pay for projec
19、ts: transfer payments 4.2.1 Payment methods: 1, B after entering the construction contract, base material approach, Party A to Party B to pay 20% of the total contract price of progress payments; 2, B primary cylinder wall surface construction is completed, Qiang Zhu things to layer to the site, sta
20、rt paving tiles, the Party within 10 days to pay 80% of the total contract price; 3, B submitted after the completion and acceptance of a complete billing information for billing and settlement for 10 days after the lump-sum settlement payment to 95%. 4, left 5% of total settlement for the quality m
21、argin, at least two years after final acceptance in One month interest-free refund. Project payment requests include: The field project on behalf of the Department of the Party to confirm the detailed image of the progress of the signature, the current progress payment application form and relevant
22、budget book and other related information. Project settlement application information, including: built drawings, final acceptance information, the accounts, engineering calculations (including electronic form), Visa, design changes, contract and supplemental agreements and other related information
23、. 4.3 collect and refund the performance bond 4.3.1 Performance Bond of the collection: 3 days after signing the contract, Party B to pay 50,000.00 (capital: Wu Million) Finance Department a performance bond to Party B or Party paid first from the project shall be deducted; &
24、#160; 4.3.2 refund the performance bond: a performance bond is refunded without interest; 4.3.3 Party A second payment for work time, with the progress of the performance bond shall be refunded 50%; 4.3.4 Party B after the completion o
25、f settlement for returned after the performance bond of 50%. 5.0 duration management 5.1 start and completion The total duration of the contract calendar days as follows: 88 days. Start date: July 15, 2011 begin to run; completion date: October 10, 2011. A and B sides in determining the completion d
26、ate and duration of control, has been fully taken into account: 1, possible high winds, heavy rain, high temperature weather, holidays and other factors; 2, engineering changes; 3, due to Party B for the material or construction and other reasons can not be completed on schedule; 4, water and electr
27、icity; 5, because B causes problems in construction quality (rework cost borne by the Party). Party B shall implement appropriate safeguards (the cost is included in the total price of the full lump sum), to ensure the project on October 10, 2011 completed on time, in addition to other circumstances
28、 outside the period of force majeure shall not be delayed. 5.2 Completion The contract completion date refers to the contents of the contract engineering contract to be completed and signed by the Party inspection requirements and to confirm the date. B compensation for each day of delay duration Pa
29、rty to be 10,000 yuan. 6.0 Party A on behalf of their rights and obligations of site 6.1 Party A on behalf of the resident site 6.1.1 Party A resident site of Mr. Deng Tianman representatives (Tel:, on behalf of Party A agreed to perform the contract rights and obligations, the project
30、must be approved by the Party Party all documents on behalf of the site (or authorized person) to sign and stamped with official seal Party to take effect. Party Party on behalf of the right to appoint other staff to exercise some of their rights, subject to the commission a written power of attorne
31、y. 6.2 Party A resident site on behalf of the rights and obligations. 6.2.1 coordinating the handling of pre-construction work has started to promote the conditions of this project, have started construction site conditions. B construction site to provide the line of the underground pipe network inf
32、ormation, and Party B to provide the necessary water supply connector; the project progress, project quality, safe and civilized construction site management. Supervision and inspection of project quality, progress, safety and civilized construction and engineering change visa. 6.2.2, during the con
33、struction period, should be made in the implementation of the first three days will be design changes, change notification and other written notice to Party B, and 7 days after the incident, make the scene work visa; acceptance of the hidden work in a timely manner, and sign the record of the approv
34、al and acceptance; the contract or provided by Party B to complete the work with (including contracts, meeting minutes, agreed the content and design changes, etc.) If Party B refuses to complete or (B Party that) can not be completed according to contract requirements by the Party to confirm quanti
35、ties and related engineering expenses, the Party can be arranged to complete the other units, the costs incurred for projects from B in double deducted, Party B shall not have the expenses incurred by any objection. 6.2.3 If Party B is not required under the contract for construction, Party B can be
36、 ordered to suspend construction until after rectification Party inspection report and agree to return to work before, which is responsible for the losses caused by Party B; if not after rectification rectification or less than the design and acceptance specifications, verified by the Party may requ
37、est the Director of Engineering within the same day unconditional exit B, Party A does not pay anything; the right to be paid to Party B for the works deduct the costs incurred and the costs incurred in the equivalent of twice the penalty. 7.0 B site on behalf of their responsibility in working 7.1
38、Party B on behalf of its resident site staff B project manager left peak (tel: Mr. B is the chief representative in the site, to exercise the contract on behalf of Party B's rights and fulfill contractual obligations; all the files in the project site by the chief representative of
39、Party B (the project manager) signed or sealed as B confirmed the fact. B requirements, are notified in writing by the Party B the project manager, signed and stamped with official seal of the project was submitted after the Department of the Party, but for any amendment to the supplemental contract
40、, engineering, accounts and other important documents section of the validation, the need for B the legal representative or authorized person's signature and seal of the company. 7.2 B site on behalf of responsibility and work in 7.2.1 the implementation of this contract, Party B the relevant ri
41、ghts and responsibilities, according to the contract requirements of quality and duration in ensuring quality, timely completion of the project construction tasks. 7.2.2 comply with relevant laws and regulations, accept the Party commands (increase in sporadic project site, the construction unit mus
42、t unconditionally obey the Party of the arrangement, additional engineering by visa processing), in accordance with construction drawings, design change orders, drawing Mixed minutes, construction and acceptance of the construction; found to affect the progress of reason should be notified within 24
43、 hours Party. 7.2.3 advance site visit and live on their own projects approved amount. If that does not match with the data provided by Party A, Party A shall be made prior to the start; otherwise, be deemed to have been recognized by B; project of the hidden works must promptly notify the Party and
44、 the budget field engineers to the site on behalf of Visa acceptance confirmed that the Party was to calculate the appropriate department budget costs. 7.2.4 for safety management measures to strengthen the construction management and site safety representatives obey the Party scene management; arra
45、nge regular inspections of machinery and equipment, and remove hidden dangers exist in a variety of construction; clinical setting, according to a yard location square arrangement of unified planning, management personnel should wear work B license, workers should wear uniforms (construction vest an
46、d helmet), do on-site civil construction, to ensure construction safety, or liability caused by all accidents and economic losses and fines (such as violation penalties, dust handling, etc.), in addition to Party A directly, completely responsible, take full responsibility by Party B, Party A has no
47、thing to do with. 7.2.5 works have been completed, well before the acceptance of the protection of the Party. Party B shall assist Party A well both inside and outside the protection of other public facilities, and other sub-make (cooperation) with the work unit, B (including migrant workers) damage
48、 to the Party (their) public facilities, by Party B to Party (their) full compensation for losses, and liquidated damages paid 1,000 yuan / times. 7.2.6 Party B shall not be subcontracting work to other construction units and individuals, once discovered, the Party entitled to terminate the contract
49、, Party B shall receive notice of termination of the contract within three days after the unconditional exit, and to pay liquidated damages to Party A 100 000 element and thus to bear all the economic losses caused by Party. 7.2.7 During the construction process, such as B quality, schedule, safety
50、culture and informed than the contract specifications or with the Party, the sub-units with the bad (which is B vexatious), the Party entitled to terminate the contract, B shall cancel the contract after receiving a notice within three days after the unconditional exit, exit B, then Party A consulta
51、tion with the aftermath. 7.2.8 for this project in the paint, wood, brick and stone should be used in paste project experience, technical good craftsmen to ensure quality to meet the requirements of the Party. 7.2.9 After completion of the project within 1 day cleaning up the site, so that field wor
52、kers finished clearing. Project hand over the building before the slag produced by the B and Party B is responsible for garbage removal work, if not removal and transportation of the entire construction site, as the conditions do not meet the hand over, not acceptance. If Party A removal, the cost i
53、n real terms, from the settlement amount in the double deduction. 8.0 Construction Quality Control and Acceptance 8.1 Acceptance Criteria The scope of the contract by the contracting Party, according to design drawings, design changes, the owner required state standardized procedures, acceptance cri
54、teria, as well as parts of the relevant provisions of the construction and acceptance. Quality of the project must meet the eligibility criteria and the need to be Party on the quality of the project and the effect of recognition. 8.2 Inspection and Rework 8.2.1 Party B should be carefully in accord
55、ance with standards, specifications and design drawings and instructions issued by Party A based on the construction contract at any time accept the Party's inspection, testing, for the inspection, testing facilities provided, and upon request, provide to the Party quality of the project-related
56、 technical information. 8.2.2 The quality of the project reach the agreed standard part of Party B shall require removal and re-construction, until the meet the agreed standards. Reasons for B not reach agreed standards, from B to bear the cost of removal and re-construction, construction period sha
57、ll not be extended. Such as the quality of the project reach the agreed standards (including fail to meet requirements after rectification), but has no effect on safety, after consultation, Party A may make concessions to receive the project, the specific part of the project price is not higher than
58、 the direct costs of 50 %. 9.0 Project Management 9.1 Party B shall comply with the relevant construction safety regulations, in strict accordance with safety standards of construction and industrial safety inspectors at any time to accept the supervision and inspection according to law, to take nec
59、essary security measures to eliminate potential accidents. As the causes of non-Party responsible for the accident and therefore the costs incurred by Party B to bear. 9.2 Accident 9.2.1 Party B at the construction site personnel responsible for the lives and property, construction site with a varie
60、ty of facilities, equipment, materials, safety, and pay the appropriate fees, the cost is included in the price of the contract. B causes for any accidents (including third party personnel included) that occur according to the law should pay damages, compensation, compensation and other liability cost
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