Instructions on the drafting of the 2014 version of the "Professional Subcontract for Construction Projects (Model Text)".

The Third Plenary Session of the 18th CPC Central Committee determined the guiding ideology of comprehensively deepening reform, requiring deepening the decisive role of the market in the allocation of resources, and put forward the reform direction of adhering to the integrated construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law. In order to adapt to the laws and regulations and market needs under the new situation, standardize and improve the construction management activities of the engineering construction market, especially the project subcontracting management activities, and further clarify the rights and obligations of contractors and subcontractors, and protect the legitimate rights and interests of all parties in the project subcontracting, as well as the quality and safety interests of the construction project, under the premise of complying with laws and regulations, the construction project subcontract research group combined with the common practices and the latest development trends of the construction project subcontracting market at home and abroad. The construction subcontract (model text) of construction projects (hereinafter referred to as the "2003 version of the subcontract") has been revised, and the 2014 version of the "construction project professional subcontract (model text)" (hereinafter referred to as the "2014 version of the subcontract") has been drafted, and the drafting of the 2014 version of the subcontract is hereby explained as follows.

1. Background of the revision of the 2014 version of the subcontract

(1) The 2003 version of the subcontract is incompatible with the newly promulgated laws and regulations

In 2003, the former Ministry of Construction and the State Administration for Industry and Commerce jointly issued the "Professional Subcontract for Construction of Construction Projects". The 2003 version of the subcontract consists of three parts: the agreement, the general terms and the special terms, with a total of 38 articles. Since its promulgation, this document has played a huge role in improving the management level of construction project subcontracting in the mainland, standardizing the construction activities of contractors and subcontractors, promoting the healthy and orderly development of the construction project subcontracting market, and preventing and resolving disputes.

However, from 2003 to 2013, with the rapid development of the mainland engineering construction market, a large number of engineering construction laws and regulations have been promulgated and implemented, such as the revision of the Construction Law by the Standing Committee of the National People's Congress in April 2011, the Regulations on the Administration of Work Safety in Construction Projects and the Regulations on the Implementation of the Bidding and Bidding Law promulgated and implemented by the State Council on November 24, 2003 and February 1, 2012, and the Regulations on the Implementation of the Bidding and Bidding Law promulgated and implemented by the former Ministry of Construction on February 3, 2004. Measures for the Administration of Subcontracting of Housing Construction and Municipal Infrastructure Projects (Order No. 124), the Ministry of Finance and the former Ministry of Construction promulgated and implemented the Interim Measures for the Settlement of Construction Project Prices on October 20, 2004 and the Interim Measures for the Management of Construction Project Quality Deposit promulgated and implemented on January 12, 2005, and the Specifications for the Valuation of Bills of Quantities for Construction Projects promulgated and implemented by the former Ministry of Construction in 2003, 2008 and 2013 respectively.

In this context, the promulgation and implementation of the above-mentioned laws and regulations have had an important impact on the subcontracting activities of construction projects and promoted the specialization and standardization of the project subcontracting market. Obviously, the 2003 version of the subcontract does not fully reflect its requirements, nor can it be effectively connected with the existing laws and regulations, and even some provisions contradict the aforementioned legal norms. For example, the "Specification for the Valuation of Bills of Quantities of Construction Projects" promulgated and implemented in 2013 divides the contract price form into unit price contract and total price contract, and defines terms such as provisional valuation and provisional amount; However, the contract price form in the 2003 version of the subcontract is still fixed price, adjustable price and cost plus remuneration, and many of the provisions in it can no longer meet the needs of the development of the project pricing model. In addition, the Regulations for the Implementation of the Tendering and Bidding Law, promulgated and implemented on February 1, 2012, put forward clear requirements for the provisional valuation of subcontracted works that are construction projects that must be tendered, while the 2003 version of the subcontract lacks provisions on provisional valuation items. In addition, the revised Construction Law requires construction enterprises to apply for work-related injury insurance for workers and encourages enterprises to apply for accident insurance for employees engaged in dangerous work, while the 2003 version of the subcontract does not mention work-related injury insurance, and it is still mandatory for subcontractors to apply for accident insurance for employees engaged in dangerous operations, which obviously cannot be effectively connected with the existing law.

(2) The 2003 version of the subcontract is incompatible with the practice of project subcontract management

In the course of the development of the construction project subcontracting market in the past decade, some new problems have emerged in the practice of subcontracting projects, such as the payment terms based on the premise of the owner's payment, the problem of illegal subcontracting, the problem of chaotic on-site management, the problem of cross-management of construction periods, the management of construction personnel, the problem of wage payment of migrant workers, and the problem of work-related injury insurance. The aforesaid problems were not well regulated in the 2003 version of the subcontract, and the outstanding contradictions in the current subcontract could not be resolved.

(3) The connection between the 2003 version of the subcontract and the new version of the model text of the construction contract

In July 2013, the Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce jointly issued the 2013 version of the Construction Contract (Model Text). The project management concept and article design carried by the model text reflect the latest development level of engineering construction contracts in mainland China, and reflect the direction of engineering construction contract management in the new era. The 2003 version of the subcontract is an integral part of the model text system with the 1999 version of the Construction Contract (Model Text) as the core, and there is a big difference between the 2013 version of the Construction Contract (Model Text) and cannot be effectively connected and used. With the promulgation and implementation of the 2013 version of the Construction Contract (Model Text), it is necessary to revise the 2003 version of the subcontract so that a new unified and orderly construction contract system can be formed.

In general, in order to make the subcontract better adapt to the legal environment and market environment of construction projects and meet the needs of engineering practice, guide the practice of subcontracting of construction projects, and improve the management level of subcontracted projects, the Ministry of Housing and Urban-Rural Development launched the revision of the 2003 version of the subcontract in 2013.

2. Revision of the 2014 version of the subcontract

In the process of revising the 2014 version of the subcontract, focusing on the guiding ideology determined by the Third Plenary Session of the 18th Central Committee, in addition to continuing to emphasize the strict supervision of the safety and quality of construction projects, the main position of the parties to the contract in the construction contract was further highlighted, so as to strengthen the independent role of the market and promote the efficient, fair and sustainable development of the construction market.

To date, the revisions to the 2014 version of the subcontract are as follows:

(1) Comprehensively sort out legal norms and adapt to the needs of engineering construction under the new situation

In order to promote the smooth progress of the drafting of the 2014 version of the subcontract, the Ministry of Housing and Urban-Rural Development set up a drafting research group in 2014. The research group comprehensively sorted out the current laws, administrative regulations, departmental rules and various normative documents related to engineering construction in mainland China, especially focusing on the analysis of the legislative achievements in the field of construction projects in mainland China over the past ten years, which were fully reflected in the 2014 version of subcontracts, such as the revised provisions of the Construction Law, the Work Safety Law, the Labor Contract Law, the Regulations on Labor Security Supervision, the Regulations on the Quality Management of Construction Projects, the Regulations on the Administration of Work Safety in Construction Projects, the Regulations on Work Safety Permits, and the Regulations on Work Safety Permits. Regulations for the Implementation of the Bidding and Bidding Law, Regulations on Energy Conservation in Civil Buildings, Administrative Measures for the Contracting and Valuation of Construction Projects, Administrative Measures for Subcontracting of Housing Construction and Municipal Infrastructure Engineering Construction, Interim Measures for the Settlement of Construction Project Prices, Administrative Measures for Quality Inspection of Construction Projects, Measures for the Quality Warranty of Housing Construction Projects, Interim Measures for the Management of Quality Deposit for Construction Projects, Regulations on the Administration of Safety Production Licenses for Construction Enterprises, and Specifications for the Valuation of Bills of Quantities for Construction Projects Wait a minute.

(2) With the goal of promoting the long-term development of the construction industry, understand the future direction of construction management, and reasonably arrange the rights and obligations of contractors and subcontractors accordingly.

In view of the problem of employee fault faced by the construction industry in mainland China, as well as the problems of Party A's designation of subcontracting, dismemberment and illegal subcontracting, etc., in the current construction project subcontracting market, the legal obligations of general contracting management have been strengthened in the 2014 version of the subcontract amendment, especially in terms of responsibility for the quality, safety and construction period of construction projects. Based on the legal norms, policy guidance and the actual situation of the market, the research group reasonably arranged the contractual rights and obligations of the contractor and the subcontractor.

(3) Organize special meetings to listen to the main problems faced by general contractors and subcontractors in project subcontracting, as well as the main problems faced by provincial and municipal industry authorities in the management of project subcontracting, and solicit solutions from experts from all walks of life

In order to understand the main problems and main contradictions in the subcontracting activities of mainland China, explore solutions, and ensure that the problems existing in the subcontracting market are solved in a targeted manner, the research group specially organized a seminar attended by the construction administrative department, construction general contracting enterprises, construction subcontracting enterprises, experts from industry associations, law firms, etc. By soliciting the opinions of experts from all parties and combining with engineering practice, we have an in-depth understanding of the main problems and problems existing in the current professional engineering subcontracting. Based on the principle of promoting the specialization, standardization and legalization of the professional subcontracting market of construction projects, the research group is close to the market practice and revises the 2003 version of the subcontract from the perspective of solving problems.

(4) Collect and analyze subcontract model texts at home and abroad, study industry rules, and absorb advanced concepts

In the process of revising the 2014 version of the subcontract, taking into account the actual development of the project management model, management concept and pricing model in the field of construction project subcontracting, the common texts in the field of construction project subcontracting at home and abroad were collected and analyzed, such as the Tianjin Construction Engineering Construction Subcontract, Heilongjiang Construction Engineering Construction Professional Subcontract, Shenzhen Construction Engineering Construction Professional Subcontract and FIDIC Civil Engineering Construction Subcontract Conditions. At the same time, it also collects the subcontract texts practiced by many general contractors themselves. On the basis of fully drawing on the advanced concepts of various model texts and combining with the practical needs of the construction engineering field, the revision of the 2014 version of the subcontract was completed.

3. Main features of the 2014 version of the subcontract

(1) The 2014 version of the subcontract reflects the requirements of the current engineering laws and regulations

In order to make the 2014 version of the subcontract play a better management and guiding role, the research group transformed the advanced concepts and specific provisions in the laws and regulations into contract terms, so as to promote the implementation of laws and regulations, and at the same time guide the development direction of professional subcontracting engineering practice. Like what:

1. According to the 2013 version of the "Specification for the Valuation of Bills of Quantities of Construction Projects" and the "Interim Measures for the Settlement of Construction Project Prices" and other specifications, the form of the contract price is set up as a total price contract and a unit price contract, and they are separately agreed. This kind of agreement not only conforms to the requirements of current laws, regulations and national standards, but also conforms to the practice of professional subcontracting projects, and can better guide the practice of professional subcontracting projects through the performance of relevant provisions.

2. In order to better implement the provisions on the prohibition of subcontracting and subcontracting in the Administrative Measures for the Construction Subcontracting of Housing Construction and Municipal Infrastructure Projects, a clause of "no subcontracting and recontracting" is specially set up to transform the principle provisions in the above-mentioned laws and regulations into quantifiable and enforceable management methods, so as to eliminate the phenomenon of subcontracting and recontracting of subcontracted projects.

3. According to the "Interim Measures for the Management of Construction Project Quality Deposit", the term defect liability period is introduced into the subcontract, which is connected with the quality warranty period, so as to facilitate the solution of the problem of long-term delay in the project quality deposit.

4. According to the revised Construction Law, the obligation of the subcontractor to take out work-related injury insurance for its employees is clearly stipulated in the insurance clause.

(2) Inherit the advanced concept of the 2013 version of the "Construction Contract for Construction Projects (Model Text)".

The content of the 2014 version of the subcontract fully inherits the compilation ideas and advanced concepts of the 2013 version of the "Construction Contract for Construction Projects (Model Text)". In addition, the 2014 version of the subcontract continues to use the model of contract agreement, general contract clauses and special contract clauses, and the order of the development of its contract elements also draws on the order of the contract elements of the 2013 version of the Construction Contract (Model Text) to facilitate unified use. The main performance is as follows:

1. Pay attention to the guiding role of the model text, and at the same time respect the autonomy of the parties to the subcontract

The 2014 version of the subcontract highlights the strict requirements for the safety and quality of construction projects, and strengthens the safety and quality obligations and responsibilities of the parties to the contract in the management of the subcontract. At the same time, the 2014 version of the subcontract fully considers the characteristics of strong professionalism and complex management of professional subcontracting projects, and makes proper arrangements for the rights and obligations of both the contractor and the subcontractor in the setting of contract terms, and actively guides both parties to legally exercise their rights and fulfill their obligations in accordance with the current laws and regulations and the provisions of the contract. In addition, taking into account the particularity and professionalism of professional subcontracting projects, sufficient negotiation space is reserved for the parties to the contract in the specific content arrangement of the clauses, and the parties can supplement and improve the general contract clauses in the special contract clauses in a targeted manner according to the characteristics of the project, taking into account efficiency and fairness.

2. The definition of terms is consistent with the 2013 version of the Construction Contract (Model Text) to the greatest extent

In order for the 2014 version of the subcontract to be used in conjunction with the 2013 version of the Construction Contract (Model Text), the above two texts should be connected with each other in terms of content and form an interrelated system. To this end, in the definition of terms in the 2014 version of the subcontract, the results of the 2013 version of the Construction Contract (Model Text) are inherited to the greatest extent.

(3) Solve the current common problems in the field of professional engineering subcontracting

At present, the main problems in the field of professional subcontracting projects include the payment of project funds based on the premise of the owner's payment, the problem of affiliation, the problem of cross operation, the problem of construction personnel management, the problem of migrant workers' salary payment, etc. The 2014 version of the subcontract has been specially designed to address the above issues, such as:

1. The payment of project money on the premise of the owner's payment is the main problem that plagues the contract payment between the general contractor and the subcontractor. In order to solve this problem, the 2014 version of the subcontract does not set the owner's payment as a condition for the contractor to pay the subcontract price to the subcontractor, maintaining the independence of the settlement and payment of the subcontract price.

2. Affiliation is a common problem in contracting contracts, and subcontracts are no exception. In order to solve this problem, the 2014 version of the subcontract starts from the characteristics of the affiliation behavior, requires the subcontractor to set up a project management agency to manage the subcontracted project, and makes specific requirements for the labor relations and social insurance relations of the subcontractor's main on-site management personnel, so as to ensure that the members of the project management organization are employees of the subcontractor. At the same time, the actual construction management personnel of the subcontractor are consistent with the personnel specified in the contract documents through clauses such as the locking of the subcontractor's project manager and the main management personnel, and the replacement of the subcontractor's project manager and the main construction personnel without authorization.

3. In the performance of subcontracts, cross-operation management caused by various factors is a relatively common construction management problem, and it is very easy to cause construction delays and quality and safety incidents, so the definition of responsibilities between different subcontractors and between subcontractors and contractors has become an issue that must be regulated. To this end, the 2014 version of the subcontract specifically sets up clauses such as "construction period management in cross-operation", which clearly stipulates the rights and obligations of the contractor and the subcontractor in the process of cross-operation.

4. The issue of wage payment for migrant workers is a social issue with universal impact. At present, the main entities that have the obligation to pay migrant workers are professional project subcontractors and labor subcontractors. It is of great significance to solve the problem of wage arrears of migrant workers by setting relevant clauses in the model contract text. To this end, the 2014 version of the subcontract specifically includes a "guaranteed payment" clause.

(4) Based on the prospect of the future development direction of the construction project market, reasonably arrange the rights and obligations of contractors and subcontractors

Further strengthening the management responsibility of the general contractor is the overall requirement for the healthy development of the construction project market, and it is also an important aspect of the administrative organs to supervise the construction project. In order to reflect the administrative requirements of the administrative authority for the parties to the subcontract, the 2014 version of the subcontract makes appropriate adjustments to the contractual rights and obligations of the contractor and the subcontractor, and emphasizes the general contracting management obligations of the contractor within a reasonable limit.

For example, with regard to the management of the duration of subcontracted projects, the 2014 version of the subcontract strengthens the general contracting management responsibility of the contractor; The 2014 version of the subcontract clearly stipulates that "the contractor shall manage the construction period of the subcontracted project and other projects in strict accordance with the construction organization plan of the general contractor, and provide the subcontractor with the construction conditions required for normal construction in accordance with the construction organization plan of the subcontracted project." In the event of any situation affecting the normal construction of the subcontracted project, the contractor shall notify the subcontractor when the aforesaid situation occurs, and the subcontractor shall immediately adjust the construction organization plan and obtain the contractor's approval; The costs incurred and/or the duration of the delay shall be borne by the contractor. The subcontractor shall organize the construction of the subcontracted project in accordance with the approved construction organization plan, and shall cooperate with the construction of other projects during the construction process, and shall not hinder the construction of other projects. If the normal construction of other projects is affected by the construction of the subcontracted project, the subcontractor shall immediately notify the contractor, adjust the construction organization design and obtain the approval of the contractor; The costs incurred and/or delays incurred as a result shall be borne by the subcontractor. ”

Fourth, the problems that need to be solved

Although the 2014 version of the subcontract discussion draft has been preliminarily formed, there are still some controversial issues that need further study.

(1) Determination of the interface of the independence of the subcontract and the general contract

The conclusion, performance and termination of the subcontract are closely related to the general contract, and many factors in the conclusion and performance of the general contract will greatly affect the quality and effect of the performance of the subcontract. In terms of their nature, both the general contract and the subcontract belong to the construction contract, and they have considerable commonality, and most of the obligations of the subcontractor come from the provisions of the general contract. The controversy is whether the form and provisions of the subcontract can be borrowed from the general contract, that is, whether it is necessary for the subcontract to make separate and comprehensive provisions on the relevant matters that have been specifically agreed in the general contract. For example, the 2013 version of the Construction Contract (Model Text) clearly stipulates "fossil cultural relics", whether to make a comprehensive agreement on fossil cultural relics again in the subcontract, or to directly use a sentence similar to "the subcontractor shall execute the relevant terms of the general contract" to summarize the agreement with the help of the general contract.

Experts who advocate that the general contract should be fully "leveraged" believe that "borrowing" the general contract is conducive to reducing the volume of the subcontract, and at the same time, it can avoid the risk of inconsistency between the general contract and the subcontract on the same matter, and reduce the risk that the contractor may bear due to the inconsistency between the general contract and the subcontract.

Experts who advocate that the independence of the subcontract should be maintained believe that the use of a large number of "borrowing" clauses will inevitably make the subcontract completely dependent on the general contract, and the subcontract will lose its "independence" as a contract. In addition, if the subcontract "leverages" the general contract, the direct result is that the parties to the subcontract have not agreed on the relevant matters when the general contract does not clearly stipulate the relevant terms.

After fully considering the two points of view, the research group tends to maintain the independence of the subcontract, but the general contract can be invoked for the acceptance of concealed projects, samples and commissioning. The reasons are as follows: although the subcontract is attached to the general contract to a certain extent, the subcontract is still an independent contract; As the carrier of the rights and obligations between the contractor and the subcontractor, the subcontract should clearly stipulate the rights and obligations of the parties to the contract as far as possible, so as to play a guiding role in the construction of the subcontracted project. At the same time, considering that the general contract usually stipulates matters such as the acceptance of concealed works, samples and commissioning, and that the content has the same direction as the acceptance, samples and commissioning of concealed works in the subcontract, the inconsistency between the general contract and the subcontract on the aforesaid content will cause confusion to the construction of the subcontracted project, so it should be ensured that the general contract and the subcontract are consistent with this content; Therefore, the provisions of the general contract can be invoked for this content.

(2) Whether a provisional valuation clause is arranged in the subcontract

Considering that there are often provisional valuation materials or equipment in the price of professional subcontracts such as fine decoration, the research group arranged provisional valuation clauses in the first two drafts of the subcontract model text. When soliciting opinions from the general contractor, subcontractor and the construction authorities of various provinces and cities, most of the construction units and the construction authorities of various provinces and cities raised objections to the provisional valuation clause, believing that the provisional valuation clause should not be arranged in the professional subcontract; The reasons are: (1) it is not common for materials or equipment to be tentatively valued in professional subcontracts; (2) Contractors should not be encouraged to retain provisional valuation materials or equipment when conducting professional subcontracting; (3) Article 29 of the Regulations for the Implementation of the Tendering and Bidding Law stipulates that the definition of "provisional valuation" is "the provisional valuation referred to in the preceding paragraph refers to the amount of projects, goods and services that cannot be determined at the time of general contracting bidding and is temporarily assessed by the tenderer in the bidding documents".

The research group finally adopted the above-mentioned amendments and deleted the tentative valuation clause. However, the research group still believes that according to the definition of provisional valuation in the 2013 "Specification for Valuation of Bills of Quantities of Construction Projects", "the unit price of materials, engineering equipment and the amount of professional projects provided by the tenderer in the bill of quantities for the payment of materials that must occur but cannot be determined for the time being", the provisional valuation can be used for professional subcontracts.

(3) In the case of clarifying the time limit for the subcontractor's claim, at the same time clarifying whether the contractor's claim time limit is appropriate

The experts who advocate that the time limit for the contractor's claim should be clearly agreed believe that the rights and obligations of the parties to the contract should be reciprocal, and the contractor is also an experienced professional unit that should have the ability to identify and judge the occurrence of the claim event and the consequences of the claim event.

The experts who argue that there is no time limit for the contractor's claim argues that although the contractor is an experienced professional unit, the contractor's claim in the subcontract also includes the employer's possible claim for the subcontracted project, and the employer is not a professional entity and does not have the professional ability to identify and judge the claim event and its consequences. Under the circumstance that the time limit for the contractor to make a claim is limited, the contractor will be faced with a situation where it has no way to claim compensation when the employer fails to file a claim with the contractor within the time limit.

The research group is inclined to the latter view, so the time limit for the contractor's claim is not clearly stipulated in the discussion draft of the subcontract. (4) Other issues

1. Whether the safe and civilized construction fee is listed: Some provincial and municipal construction authorities and construction units have different requirements for the safe and civilized construction cost of the subcontract, and some areas use it as a lump sum; Some subcontracted projects are the survival price, and the total contract price or unit price has comprehensively considered the safety and civilized construction cost, and it is more troublesome to list the items separately. Therefore, it is recommended not to be listed in the contract price clause of the agreement. Considering that the competent authorities have more clear regulations on safe and civilized construction costs, in order to ensure that the special funds for safe and civilized construction costs are used exclusively and paid on time, the safe and civilized construction fees are still listed in the contract price clause of the agreement.

2. Whether the general contracting contract and bidding documents are regarded as part of the contract documents: Some provincial and municipal construction authorities and general contracting units propose to take the bidding documents and general contracting contracts as part of the contract documents. Considering that the subcontract and the general contract are independent contracts, and the general contract does not stipulate the rights and obligations of the subcontractor, it is not appropriate to regard the general contract as a part of the subcontract, and the subcontract can stipulate in the subcontract that the subcontractor shall comply with the specific obligations of the contractor as agreed in the general contract.

3. Is it required that the subcontractor project manager should not be the project manager of another project at the same time? Some provincial and municipal construction authorities and subcontractors have proposed that the subcontractor's project manager should not be prohibited from serving as the project manager of other projects at the same time. Considering that prohibiting the subcontractor project manager from serving as the project manager of other projects at the same time is conducive to improving the management level of subcontracting projects in the mainland, the research group still retains this agreement.

4. As to whether the storage fee for the materials and engineering equipment supplied by the contractor should be borne by the subcontractor or agreed between the contractor and the subcontractor in the special clauses: Some provincial and municipal construction authorities and subcontractors have proposed that the storage fee for the materials and engineering equipment supplied by the contractor should be agreed upon by the contractor and the subcontractor in the special contract clauses, and it is not appropriate to make it an explicit agreement in the general contract clauses. The research group believes that the practice of including the storage fee in the contract price should be encouraged, because the subcontractor is responsible for the unified deployment of the materials and engineering equipment supplied by the contractor or the subcontractor's own procurement for construction, and under normal circumstances, the subcontractor will receive and inspect the materials and engineering equipment supplied by the contractor when entering the site, and keep it by the subcontractor after acceptance, the rights and obligations between the two parties are clear, and the storage fee is more reasonable to include in the contract price; In addition, in this case, the parties to the contract will not dispute the amount of the storage fee after the contract has been concluded.

5. With regard to whether the inspection and test of materials and engineering equipment supplied by the contractor shall be carried out by the subcontractor and bear the costs, or whether the contractor or the construction unit shall separately entrust a third party to complete and bear the costs: Some provincial and municipal construction authorities and subcontractors propose that the contractor shall separately entrust a third party to complete the inspection and test work of materials and engineering equipment supplied by the contractor or the construction unit and bear the costs. The research group believes that the subcontractor, as the construction unit of the subcontracted project, should complete the general inspection and test of the materials in accordance with the requirements of the construction specifications and relevant standards, and the cost should be included in the quotation of the subcontractor, and this can also avoid disputes between the parties to the contract due to the inspection cost after the contract is signed. For the test fees of new structures and new materials, the costs of destructive tests and other special requirements of the components, and the costs of testing commissioned by the construction unit shall generally not be borne by the subcontractor, and the contractor and the subcontractor may also make special agreements in the special contract terms.

6. Regarding how to adjust the contract price when the price of materials and engineering equipment changes: Some provincial and municipal construction authorities and construction units have proposed that the existing agreement in item (3) of Article 12.1 is too cumbersome, and it is recommended that the parties to the contract should stipulate this in the special contract clauses. The research group accepted the opinion.

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