GF—2003—0213
Construction Professional Subcontract for Construction Projects (Model Text)
Part 1 Agreement
Contractor (full name):
Subcontractor (full name):
In accordance with the Contract Law of the People's Republic of China, the Construction Law of the People's Republic of China and other relevant laws and administrative regulations, and in accordance with the principles of equality, voluntariness, fairness and good faith, in view of the fact that the Contractor and the Contractor have signed a general construction contract (hereinafter referred to as the "General Contracting Contract"), the Contractor and the Subcontractor have reached an agreement on the construction matters of the subcontracted project through consultation and enter into this contract.
1. Overview of subcontracted projects
Name of the subcontracted project:
Subcontracted Project Location:
Scope of subcontracted projects:
2. The price of the subcontract
Amount: Uppercase: RMB Yuan,
Lowercase: Meta.
3. Construction period
Commencement date: This subcontracted project is scheduled to commence on XX/XX;
Completion Date: The subcontracted project is scheduled to be completed on XX/XX;
The total calendar days for the contract duration are: days.
Fourth, the project quality standards
The quality standards of this subcontracted project are agreed by both parties as follows:
5. The documents constituting the subcontract include:
1. This contract agreement;
2. Notice of winning the bid (if any);
3. The quotation of the subcontractor;
4. General contract documents other than the project price of the general contract;
5. Special terms of this contract;
6. General terms and conditions of this contract;
7. The construction standards, drawings and related technical documents of the contract;
8. Other written documents agreed upon by the contractor and the subcontractor during the performance of the contract.
6. The meanings of the terms used in this Agreement shall be the same as those given to them in Part II of this Contract in the General Terms.
7. The subcontractor undertakes to complete the project specified in Article 1 of this Agreement (hereinafter referred to as the "subcontracted project") in accordance with the construction period and quality standards agreed in the contract, and assumes the warranty liability during the quality warranty period.
8. The Contractor undertakes to pay the contract price stipulated in Article 2 of this Agreement (hereinafter referred to as the "Subcontract Price") and other amounts to be paid in accordance with the time limit and manner agreed in the contract.
9. The subcontractor undertakes to the contractor to perform all the obligations of the contractor in the general contract related to the subcontracted project, and to bear joint and several liability with the contractor for the performance of the subcontracted project contract and to ensure the quality of the subcontracted project.
10. Effectiveness of the Contract
Date of conclusion of the contract: YYYYYYYYYYYYYYYYYYYYYY
Place of conclusion of the contract:
This contract shall come into force after the agreement between the two parties.
Cheng Bao Person: (Public Seal) Minute Bao Person: (Public Seal)
Address: Address:
Legal Representative: Legal Representative:
Authorized Agent: Authorized Agent:
Phone: Phone:
Fax: Fax:
Bank: Bank:
Account Number: Account Number:
Postal Code: Postal Code:
Part II General Terms
1. Definitions of Terms and Contract Documents
1. Definitions of Terms
Unless otherwise agreed in the Specific Terms, the following terms shall have the meanings given to them in these Terms:
1.1 General terms: These are terms and conditions that are formulated in accordance with the provisions of laws, administrative regulations and the needs of the construction of construction projects, and are generally used for the construction of subcontracted projects.
1.2 Special clauses: clauses on which the contractor and the subcontractor reach an agreement through consultation in accordance with the provisions of laws and administrative regulations, combined with the actual conditions of the specific project, and are the concretization, supplement or modification of the general clauses.
1.3 Employer: refers to the party with the qualification of the main body of the project and the ability to pay the project price as agreed in the general contract agreement, as well as the legal successor who has obtained the qualification of the party.
1.4 Contractor: refers to the party with the qualification of the general contractor of the project as agreed in the general contract agreement and accepted by the employer, as well as the legal successor who has obtained the qualification of the party.
1.5 Subcontractor: refers to the party with the qualification to subcontract the project accepted by the contractor as agreed in this subcontract agreement, and the legal successor who has obtained the qualification of the party.
1.6 General contracting project: refers to the project within the scope of the contract agreed by the employer and the contractor in the general contract agreement.
1.7 Subcontracted Works: refers to the works within the scope of subcontracting agreed by the Contractor and the Subcontractor in this Contract Agreement.
1.8 Engineer: refers to the engineer appointed by the project supervision unit or the representative designated by the employer to perform the general contract as agreed in the general contract, and his specific identity and authority are agreed by the employer and the contractor in the special terms of the general contract.
1.9 Project Manager: refers to the representative designated by the Contractor in the special terms and conditions of the general contract and the special terms and conditions of this contract to be responsible for construction management and performance of the general contract and this contract.
1.10 Sub-project manager: means the representative designated by the subcontractor in the specific terms of the subcontract to be responsible for construction management and performance of the subcontract.
1.11 General contract: refers to the general construction contract signed between the employer and the contractor, which consists of an agreement, general terms and special terms.
1.12 General Contract Clauses: refers to the general clauses of the construction contract in the Text of the Construction Contract (Jianjian [1999] No. 313) revised and issued by the Ministry of Construction of the People's Republic of China and the State Administration for Industry and Commerce in 1999, as well as the special clauses agreed upon by the contractor and the contractor.
1.13 Subcontract: refers to the construction professional subcontract signed between the contractor and the subcontractor, which consists of an agreement, general terms and special terms.
1.14 Engineering construction standards: refers to the engineering construction standards related to the subcontracted project, as well as any modification or supplement to the engineering construction standards confirmed by the contractor.
1.15 Drawings: refers to all drawings, calculations, supporting instructions and related technical data provided by the contractor that meet the requirements of the general contract and the requirements of the subcontract.
1.16 Quotation: means the quotation of the subcontract submitted by the subcontractor to the contractor for the completion of the subcontracted work in accordance with the provisions of the subcontract. When the contractor adopts the method of bidding to determine the subcontractor, the quotation shall be consistent with the winning bid price in the notice of award.
1.17 Notice of Winning Bid: means the notice issued by the Contractor confirming that the Subcontractor has won the bid.
1.18 Commencement Date: refers to the absolute or relative date on which the subcontractor commences construction as agreed by the contractor and the subcontractor in this contract agreement.
1.19 Completion Date: refers to the absolute or relative date on which the Subcontractor completes the Subcontracted Works as agreed by the Contractor and the Subcontractor in this Contract Agreement.
1.20 Contract price: refers to the amount agreed between the contractor and the subcontractor in this contract agreement that the contractor shall use to pay the subcontractor for completing all the projects within the scope of the subcontract in accordance with the subcontract and assuming the responsibility for quality warranty.
1.21 Additional contract price: refers to the contract price that needs to be increased during the performance of the subcontract, and after confirmation by the contractor, the contract price shall be increased according to the method agreed by both parties.
1.22 Construction site: means the site provided by the Contractor for the construction of the subcontracted project, and any other place specifically designated by the Contractor in the general plan of the site for the use of the subcontractor.
1.23 Written form: means the form in which the contents of subcontracts, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mail) can be tangibly expressed.
1.24 Liability for breach of contract: refers to the liability of one party to the contract if it fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreed content.
1.25 Claim: refers to the request for economic compensation and/or extension of the construction period from the other party for the actual loss caused by the situation that is not the fault of the other party but should be borne by the other party during the performance of the contract.
1.26 Force majeure: refers to objective circumstances that cannot be foreseen, avoided or overcome.
1.27 hours or days: if the time is calculated on an hourly basis as stipulated in this contract, it shall be calculated from the effective start of the event (without deducting the rest period); Where it is stipulated that the time is calculated on a daily basis, it shall not be counted on the day of commencement and shall be calculated from the next day. If the last day of the time limit is a rest day or other statutory holiday, the day following the rest day or holiday shall be the last day of the time limit, except for the completion date. The deadline for the last day of the deadline is 24 o'clock on the same day.
2. Contract documents and order of interpretation
2.1 The contract documents should be able to explain and explain each other. Unless otherwise agreed in the specific terms of this contract, the documents that make up this contract and the order of priority interpretation are as follows:
(1) This contract agreement;
(2) Notice of winning the bid (if any);
(3) Bid letter and quotation of the subcontractor;
(4) The general contract documents other than the project price of the general contract.
(5) Special terms of this contract;
(6) General terms of this contract;
(7) Construction standards and drawings of the contract;
(8) Other written documents agreed upon by the contractor and the subcontractor during the performance of the contract.
2.2 When there is any ambiguity or inconsistency in the content of the contract documents, it shall be resolved through negotiation between the subcontractor and the contractor without affecting the normal progress of the project. If the two parties fail to reach an agreement through negotiation, the dispute shall be handled in accordance with Article 28 of the General Terms and Conditions of this Contract.
3. Language and writing and applicable laws, administrative regulations and engineering construction standards
3.1 Language
Unless otherwise agreed in the special terms of this contract, the language used in this contract document shall be the same as that used in the general contract document.
3.2 Applicable Laws and Administrative Regulations
Unless otherwise agreed in the special terms of this contract, the laws and regulations applicable to this contract shall be the same as those stipulated in the general contract. The laws and administrative regulations that need to be expressly stated are stipulated in the special clauses.
3.3 Applicable engineering construction standards
The parties agree on the name of the applicable engineering construction standard in the special terms of this contract; If there is no specific agreement in the special terms of this contract, the engineering construction standards related to the subcontracted project stipulated in the general contract shall be used. The contractor shall provide the subcontractor with the agreed project construction standards in duplicate at the time agreed in the special terms of this contract.
If there is no corresponding project construction standard in this contract, the contractor shall submit the construction technical requirements to the subcontractor at the time agreed in the special terms of this contract, and the subcontractor shall propose the construction technology according to the agreed time and requirements, and the contractor shall implement it after confirmation.
4. Drawings
4.1 The Contractor shall provide the Contractor with the drawings on the date and in the number of sets agreed in the specific terms of this Contract. If the subcontractor needs to increase the number of sets of drawings other than those agreed upon, the contractor shall copy them on behalf of the subcontractor, and the cost of reproduction shall be borne by the subcontractor; If the contractor has an obligation to keep the drawings confidential according to the general contract, the subcontractor shall be responsible for the confidentiality of the drawings within the scope of the subcontracted project, and the subcontractor's confidentiality obligation shall continue to be performed after the termination of the subcontract.
4.2 If the drawings of the subcontracted project cannot fully meet the construction needs, and the contractor entrusts the subcontractor to carry out the design of the detailed construction drawings, the subcontractor shall, within the scope of its design qualification level and business permitting, carry out the detailed design on the basis of the original subcontracted engineering drawings in accordance with the relevant national engineering construction standards, and the subcontractor's detailed design shall be confirmed by the contractor before the construction can be carried out. If the subcontractor does not have the corresponding design qualifications, the contractor shall entrust a unit with the corresponding qualifications to carry out the design in depth. The subcontractor shall be fully liable for the drawings designed by itself.
As to the scope of the contractor's entrustment of the subcontractor to carry out the detailed construction drawing design and the expenses incurred, the two parties shall agree in the special clauses.
4.3 If the drawings provided by the contractor cannot meet the construction needs of the subcontracted project, the two parties shall agree on the responsibility and cost of copying, redrawing, translating, and purchasing standard drawings in the special terms.
2. General rights and obligations of the parties
5. General contract
5.1 The subcontractor's understanding of the general contract
The contractor shall provide the general contract (except for the price content of the contracted project) for the subcontractor's inspection. At the request of the subcontractor, the contractor shall provide the subcontractor with a copy or photocopy of the general contract (other than the price content of the contracted work). The subcontractor shall fully understand the provisions of the general contract (except for the price content of the contracted works).
5.2 The subcontractor's responsibility for the subcontracted works
Unless otherwise agreed in this contract, the subcontractor shall perform and assume all the obligations and responsibilities of the contractor in the general contract in relation to the subcontracted project, and shall avoid the occurrence of the contractor's breach of the contractor's obligations agreed in the general contract due to the subcontractor's own acts or omissions.
5.3 Relationship between Subcontractor and Employer
The subcontractor shall obey the instructions of the employer or engineer in relation to the subcontracted works forwarded by the contractor. Without the permission of the Contractor, the Subcontractor shall not have direct working contact with the Employer or the Engineer for any reason, and the Subcontractor shall not directly write to the Employer or the Engineer or receive instructions from the Employer or the Engineer. If the subcontractor has direct work contact with the employer or engineer, it will be deemed to be in breach of contract and will be liable for breach of contract.
6. Directives and decisions
6.1 Contractor Instructions
The Contractor may at any time give instructions to the Subcontractor in respect of the work within the scope of the subcontracted work, and the Subcontractor shall carry out all instructions given by the Contractor under the Subcontract. If the subcontractor refuses to carry out the instructions, the contractor may entrust other construction units to complete the instructions, and the expenses incurred shall be deducted from the corresponding amounts payable to the subcontractor.
6.2 Instructions from the Employer or Engineer
The subcontractor shall carry out all instructions and decisions issued by the employer or engineer as confirmed and forwarded by the contractor in respect of the work within the scope of the subcontracted works.
7. Project manager
7.1 The name and title of the project manager shall be specified in the special terms of this contract.
7.2 The Project Manager may authorize specific managers to exercise part of their rights and may withdraw the authority if deemed necessary, both by giving 7 days' prior written notice to the Subcontractor, and the letter of appointment and the notice of withdrawal shall be annexed to the Subcontract.
7.3 The instructions and notices issued by the Contractor shall be signed by the Project Manager (or his/her authorized person) and handed to the Subcontractor in writing, and the Subcontractor shall sign his name on the receipt and the time of receipt. If necessary, the project manager may give verbal instructions and give written confirmation within 48 hours. If the project manager fails to give written confirmation after 48 hours, the subcontractor shall submit a written request for confirmation within 7 days after the contractor issues the oral instruction, and if the project manager does not reply within 7 days after the subcontractor makes the request for confirmation, the subcontractor's request shall be deemed to have been confirmed. If the subcontractor considers that the contractor's instructions are unreasonable, it shall submit a written declaration within 24 hours after receiving the instructions, and the contractor shall make a decision to amend the instructions or continue to implement the original instructions within 24 hours after receiving the subcontractor's declaration, and notify the subcontractor in writing. In case of emergency, the project manager may issue instructions requiring the subcontractor to execute immediately, and the subcontractor shall also carry out any objections. If the contractor issues an erroneous instruction and causes economic losses to the subcontractor, the contractor shall compensate the subcontractor accordingly, except for the losses caused by the subcontractor's breach of the subcontract.
7.4 The Project Manager shall, in accordance with the provisions of the Subcontract, provide the Subcontractor with the required instructions, approvals, drawings and perform other agreed obligations in a timely manner, otherwise the Subcontractor shall notify the Contractor of the specific requirements, the reasons for the need and the consequences of the delay within 24 hours after the agreed time, and the Project Manager shall bear the losses caused by the delay if it does not reply within 48 hours after receiving the notice.
7.5 If the Contractor needs to change the project manager, the Contractor shall notify the Subcontractor in writing at least 7 days in advance, and the successor shall continue to exercise the powers and perform the obligations of the predecessor.
8. Subcontracting project manager
8.1 The name and title of the subcontractor shall be specified in the special terms and conditions of this contract.
8.2 Requests and notices issued by the Subcontractor in accordance with the Contract shall be signed in writing by the Subcontractor Project Manager and sent to the Project Manager, who shall take effect when the Project Manager signs his name on the receipt and the time of receipt.
8.3 The subcontractor shall organize the construction according to the construction organization design (or construction plan) approved by the project manager and the instructions issued in accordance with the subcontract. In the event of an emergency and the project manager cannot be contacted, the subcontractor project manager shall take emergency measures to ensure the safety of personnel, projects and property, and send a report to the project manager within 48 hours after taking measures. If the responsibility lies with the contractor or a third party, the contractor shall bear the additional contract price arising therefrom, and the construction period shall be extended accordingly; The responsibility lies with the subcontractor, and the subcontractor bears the cost and does not extend the construction period.
8.4 If the subcontractor needs to change the subcontractor manager, it shall notify the contractor in writing at least 7 days in advance, and obtain the consent of the contractor, and the successor shall continue to exercise the functions and powers of the predecessor and perform the obligations of the predecessor.
8.5 The Contractor may, in consultation with the Subcontractor, recommend the replacement of the Subcontractor Project Manager who it considers incompetent.
9. The work of the contractor
9.1 The Contractor shall complete the following tasks at one time or in phases in accordance with the content and time agreed in the special terms and conditions of this Contract:
(1) Provide the subcontractor with various certificates, approval documents and various relevant materials related to the subcontracted project handled by the employer according to the general contract, and provide the subcontractor with a construction site with construction conditions.
(2) According to the time agreed in the special terms of this contract, organize the subcontractor to participate in the review of the drawings organized by the employer, and make the design drawings to the subcontractor.
(3) Provide the equipment and facilities agreed in the special terms and conditions of this contract, and bear the expenses incurred thereby.
(4) Provide the subcontractor with the construction site and passage required to ensure the construction of the subcontracted project at any time, meet the needs of construction and transportation, and ensure the smooth flow during the construction period.
(5) Responsible for the management of the entire construction site, coordinate the cross-cooperation between the subcontractor and other subcontractors of the same construction site, and ensure that the subcontractor carries out the construction in accordance with the approved construction organization design.
(6) Other work to be done by the contractor shall be agreed between the two parties in the special terms of this contract.
9.2 If the Contractor fails to perform the obligations in the preceding paragraph, resulting in a delay in the construction period or losses to the subcontractor, the Contractor shall compensate the subcontractor for the corresponding losses and extend the delayed construction period.
10. Subcontractor's work
10.1 The Subcontractor shall complete the following tasks in accordance with the content and time agreed in the special terms of this Contract:
(1) The subcontractor shall, in accordance with the provisions of the subcontract, design, construct, complete and guarantee the subcontracted project (if agreed in the subcontract). The subcontractor shall immediately notify the contractor if it discovers any errors, omissions, mistakes or other defects in the design or engineering construction standards and technical requirements of the subcontracted project during the review of the subcontract and/or the general contract, or during the construction of the subcontract.
(2) Complete the specified design content in accordance with the time agreed in the special terms of this contract, and use it in the subcontracted project after reporting to the contractor for confirmation. The contractor bears the costs incurred.
(3) Within the time specified in the special terms of this contract, the contractor shall be provided with annual, quarterly and monthly project progress schedules and corresponding progress statistical reports. If the subcontractor is unable to carry out the construction according to the schedule approved by the contractor, it shall submit a revised schedule according to the contractor's requirements to ensure that the subcontracted project is completed on time.
(4) The subcontractor shall submit a detailed construction organization design to the contractor within the time specified in the special clauses, and the contractor shall approve it within the time specified in the special clauses before the subcontractor can execute it.
(5) Comply with the regulations of the relevant government departments on the management of construction site traffic, construction noise, environmental protection and safe and civilized production, go through the relevant formalities in accordance with the regulations, and notify the contractor in writing, and the contractor shall bear the expenses incurred thereby, except for the fines caused by the responsibility of the subcontractor.
(6) The subcontractor shall allow the contractor, the employer, the engineer and any of the personnel authorized by any of the three parties to reasonably enter the construction site of the subcontracted project or the place where the materials are stored, as well as the place of any work or preparation of the subcontractor related to the subcontract outside the construction site, and the subcontractor shall provide convenience.
(7) Before the completed project is delivered to the contractor, the subcontractor shall be responsible for the protection of the finished product of the completed subcontracted project, and the subcontractor shall repair the damage during the protection period; The parts of the project that the contractor requires the subcontractor to take special measures to protect and the corresponding additional contract price shall be agreed upon by both parties in the special terms of this contract.
(8) Other work to be done by the subcontractor shall be agreed by both parties in the special terms of this contract.
10.2 If the subcontractor fails to perform the obligations of the preceding paragraph, resulting in losses to the contractor, the subcontractor shall compensate the contractor for the relevant losses.
11. Termination of the general contract
11.1 If the general contract is terminated before the subcontractor has fully fulfilled its obligations under the subcontract, the contractor shall promptly notify the subcontractor to terminate the subcontract, and the subcontractor shall evacuate the site as soon as possible after receiving the notice.
11.2 In the event of termination of the subcontract due to the reasons mentioned in paragraph 11.1 of this contract, the subcontractor shall be entitled to compensation for the price of the completed works, severance pay for the subcontractor's employees, secondary removal expenses, etc. If the termination of the general contract as stipulated in clause 11.1 of this contract is due to a serious breach of contract by the subcontractor, only the price of the completed works shall be compensated.
11.3 In the event of termination of the subcontract under Clause 11.1 of this Contract, the materials and equipment procured or transported to the construction site by the Subcontractor with the consent of the Contractor shall be handed over to the Contractor in full, and the Contractor shall pay the Subcontractor the price agreed in the special terms of this Contract.
12. Subcontracting and subcontracting
12.1 Except as provided in paragraph 12.2, the Subcontractor shall not subcontract the subcontracted works contracted by it to any other person or subcontract all or part of the subcontracted works contracted by it to others. If the subcontractor subcontracts or resubcontracts the subcontracted project, it will be deemed to be in breach of contract and will bear the liability for breach of contract.
12.2 The subcontractor may, with the consent of the contractor, subcontract the labor service to a labor subcontracting enterprise with the corresponding labor subcontracting qualification.
12.3 The subcontractor shall supervise and inspect the quality of the subcontracted labor operations and other related matters, and bear the relevant joint and several liabilities.
3. Construction period
13. Commencement and postponement of start
13.1 The subcontractor shall commence construction in accordance with the commencement date agreed in this contract agreement. If the subcontractor fails to start construction on time, it shall submit a written reason for the postponement of the start of construction to the contractor no later than 5 days before the commencement date agreed in this contract agreement. The contractor shall reply to the subcontractor in writing within 48 hours of receiving the application for postponement of commencement. If the contractor does not reply within 48 hours after receiving the application for extension of construction, it shall be deemed to have agreed to the subcontractor's request, and the construction period shall be extended accordingly. If the contractor does not agree to the extension request or the subcontractor fails to submit the request for an extension of construction within the specified time, the construction period shall not be extended.
13.2 If the Contractor is unable to commence construction in accordance with the date agreed in this Contract Agreement due to reasons attributable to the Contractor, the Project Manager shall notify the Subcontractor in writing to postpone the commencement date. The contractor shall compensate the subcontractor for the losses caused by the delay in the commencement of construction, and shall extend the construction period accordingly.
14. Delay in construction period
14.1 If the construction period of the subcontracted project is delayed due to one of the following reasons, the construction period shall be extended accordingly upon confirmation by the project manager:
(1) The contractor obtains from the engineer an extension of the completion time in connection with the subcontract in accordance with the general contract;
(2) The contractor fails to provide drawings, construction conditions, equipment and facilities, and construction sites in accordance with the special terms of this contract;
(3) The contractor fails to pay the advance payment and progress payment of the project on the agreed date, resulting in the normal progress of the construction of the subcontracted project;
(4) The project manager fails to provide the required instructions and approvals as agreed in the subcontract or the instructions issued are incorrect, resulting in the normal progress of the construction of the subcontracted project;
(5) Project changes and increases in the scope of the subcontracted project not due to the subcontractor;
(6) the cause of force majeure;
(7) Other circumstances agreed in the special terms of this contract or agreed by the project manager to extend the construction period.
14.2 The Subcontractor shall, within 14 days of the occurrence of the circumstances specified in paragraph 14.1, report to the Contractor in writing on the delay in the construction period. The contractor shall confirm the report within 14 days after receiving it, and if it does not confirm or propose amendments within the time limit, it shall be deemed to have agreed to extend the construction period.
15. Suspend construction
15.1 If the employer or the engineer deems it necessary to suspend the construction, it shall issue a written order to the subcontractor through the contractor to suspend the construction and submit a written opinion within 48 hours after the request is made. The procedures for the suspension and resumption of work of the subcontractor and the expenses incurred in the suspension of construction shall be performed in accordance with the corresponding terms of the general contract.
16. The project was completed
16.1 The Subcontractor shall complete the construction in accordance with the completion date agreed in this contract agreement or the period extended by the Contractor.
16.2 The subcontractor shall be liable for breach of contract if the subcontractor fails to complete the project according to the completion date agreed in this contract agreement or the period extended by the contractor due to reasons attributable to the subcontractor.
16.3 The early completion procedure shall be carried out in accordance with the corresponding terms of the general contract.
Fourth, quality and safety
17. Quality inspection and acceptance
17.1 The quality of the subcontracted project shall meet the project quality standards agreed in this contract agreement and the special terms of this contract, and the quality assessment standards shall be performed in accordance with the corresponding terms of the general contract. If the quality of the project fails to meet the agreed quality standards due to the reasons of the subcontractor, the subcontractor shall bear the liability for breach of contract, and the calculation method or amount of liquidated damages shall be agreed in the special terms of this contract.
17.2 The dispute between the two parties over the quality of the project shall be performed in accordance with the corresponding terms of the general contract.
17.3 The inspection, acceptance and commissioning of the subcontracted project shall be performed in accordance with the corresponding terms of the general contract. The subcontractor shall bear to the contractor the obligations of the contractor as stipulated in the general contract for the subcontracted project, but it shall not exempt the contractor from the responsibility for the quality management of the general contractor under the general contract.
17.4 The Subcontractor shall allow and cooperate with the Contractor or Engineer to enter the Subcontractor's construction site to inspect the quality of the works.
18. Safe construction
18.1 The subcontractor shall comply with the relevant management regulations on safety production in engineering construction, organize the construction in strict accordance with the safety standards, and bear the responsibility for the accident caused by its own inadequate safety measures and the expenses incurred thereby.
18.2 When the construction site involves a dangerous area or requires safety protection measures, the subcontractor shall propose safety protection measures, which shall be implemented after approval by the contractor, and the corresponding expenses incurred shall be borne by the contractor.
18.3 In the event of a safety incident, it shall be handled in accordance with the corresponding terms of the general contract.
5. Contract price and payment
19. Contract price and adjustment
19.1 The contract price of the bidding project shall be agreed in this contract agreement between the contractor and the subcontractor according to the winning bid price in the bid winning notice; The contract price of the non-bidding project shall be agreed upon by the contractor and the subcontractor in this contract agreement in accordance with the project quotation.
19.2 After the contract price of the subcontract is agreed in this contract agreement, neither party shall change it without authorization. The parties may agree to adopt one of the following three ways to determine the contract price in the special terms of this contract (which shall be consistent with the method agreed in the general contract):
(1) Fixed price. The parties agree on the scope of risks included in the contract price and the calculation method of risk fees in the special terms of this contract, and the contract price will not be adjusted within the agreed risk range. The method of adjusting the contract price outside the scope of risk shall be stipulated in the special clauses.
(2) Adjustable price. The contract price can be adjusted according to the agreement of both parties, and the two parties agree on the method of adjusting the contract price in the special terms of this contract.
(3) Cost plus honorarium. The contract price includes two parts: cost and remuneration, and the parties agree on the cost composition and calculation method of remuneration in the special terms of this contract.
19.3 The adjustment factors of the contract price in the adjustable price valuation method include:
(1) Changes in laws, administrative regulations and relevant national policies affect the contract price;
(2) the price adjustment announced by the project cost management department;
(3) The work is stopped for more than 8 hours in a week due to water, power and gas outages not attributable to subcontractors;
(4) Other factors agreed by both parties.
19.4 The subcontractor shall, within 10 days after the occurrence of the circumstances described in paragraph 19.3, notify the contractor in writing of the reason and amount of the adjustment, and the contractor shall pay the additional contract price at the same time as the project price after confirming the adjustment amount. If the contractor does not confirm or propose amendments within 10 days after receiving the notice, it shall be deemed to have agreed to the adjustment.
19.5 The price of the subcontract is not in any way related to the price of the corresponding part of the general contract.
20. Confirmation of engineering quantity
20.1 The subcontractor shall submit the completed quantity report to the contractor at the time agreed in the special terms of this contract, and the contractor shall measure according to the design drawings or report to the engineer within 7 days after receiving the report. The contractor shall notify the subcontractor 24 hours before the measurement by himself or by the engineer, and the subcontractor shall provide convenient conditions for the measurement and send personnel to participate. If the subcontractor does not participate in the measurement after receiving the notice, the measurement result is valid and used as the basis for the payment of the project price; If the contractor fails to notify the subcontractor at the agreed time, resulting in the subcontractor's failure to participate in the measurement, the measurement result is invalid.
20.2 If the Contractor fails to measure within 7 days after receiving the subcontractor's report or fails to measure due to reasons attributable to the engineer, the quantity listed in the subcontractor's report shall be deemed to have been confirmed from the 8th day onwards and shall be used as the basis for payment of the project price.
20.3 If the subcontractor fails to submit the completed quantity report to the contractor within the time specified in the special terms of this contract, or the report submitted by the subcontractor does not meet the requirements of the contractor and has not been rectified, the contractor shall not measure it.
20.4 The Contractor shall not measure the amount of work that the Subcontractor exceeds the scope of the design drawings and reworks due to the reasons of the Subcontractor.
21. Payment of the contract price
21.1 In the case of advance payment for the project, the two parties shall stipulate in the special terms of this contract the time and amount of the advance payment from the contractor to the subcontractor, and deduct it according to the agreed time and proportion after the commencement of construction.
21.2 Within 10 days after confirming the measurement results, the Contractor shall pay the project payment (progress payment) to the subcontractor at the time and in the manner agreed in the special terms. The advance payment to be deducted by the contractor at the agreed time shall be settled at the same time as the project payment (progress payment).
21.3 The contract price for the adjustment of the project change agreed in the subcontract, the adjustment of the contract price, the price or expense of the claim and other agreed additional contract prices shall be adjusted and paid at the same time as the progress payment.
21.4 If the Contractor fails to pay the construction price (advance payment, progress payment) beyond the agreed payment time, the Subcontractor may issue a notice to the Contractor demanding payment.
21.5 If the contractor fails to pay the project payment (advance payment, progress payment) as agreed in the subcontract, resulting in the construction being unable to be carried out, the subcontractor may stop the construction and the contractor shall bear the liability for breach of contract.
6. Engineering changes
22. Engineering changes
22.1 The Subcontractor shall make changes to the Subcontracted Works by alteration, addition or omission in accordance with the following instructions:
(1) The engineer's change order made according to the general contract. The change order is made by the engineer and notified to the subcontractor after confirmation by the contractor;
(2) Modification orders made by the contractor other than those in paragraph (1) above.
22.2 The Subcontractor does not carry out instructions received directly from the Employer or the Engineer in respect of changes to the Subcontracted Works that have not been confirmed by the Contractor. If the Subcontractor receives such a change order directly, it shall immediately notify the Project Manager and provide the Project Manager with a copy of the direct order. The project manager shall submit his or her comments on the handling of the directive within 24 hours.
22.3 The determination of the price of the subcontracted project shall be carried out in accordance with the corresponding terms of the general contract. The subcontractor shall submit a report to the contractor on the change of the price of the subcontracted project within 11 days after the project change is confirmed, and adjust the contract price after confirmation by the contractor.
22.4 If the subcontractor does not submit a report to the contractor on the change of the price of the subcontracted project within 11 days after the two parties confirm the change, it shall be deemed that the change does not involve a change in the contract price.
22.5 The Contractor shall confirm the report within 17 days from the date of receipt of the report on the price of the change subcontracted project, and if the report is not confirmed within the time limit without justifiable reasons, the report shall be deemed to have been confirmed.
7. Completion acceptance and settlement
23. Completion acceptance
23.1 If the subcontracted project meets the conditions for completion acceptance, the subcontractor shall provide the contractor with complete completion materials and completion acceptance report. If both parties agree that the subcontractor shall provide the as-built drawings, the date and number of copies shall be agreed upon in the special terms.
23.2 The Contractor shall notify the Employer of the acceptance report provided by the Subcontractor within 3 days from the date of receipt of the completion acceptance report provided by the Subcontractor, and the Subcontractor shall cooperate with the Contractor in the acceptance. According to the general contract, the contractor shall accept the part that does not need to be accepted by the employer in accordance with the acceptance procedures agreed in the general contract. If the employer fails to organize the acceptance in a timely manner in accordance with the general contract, the contractor shall organize the acceptance on its own in accordance with the time limit and procedures for the acceptance of the employer as stipulated in the general contract, and shall be deemed to have passed the acceptance of the subcontracted project.
23.3 If the subcontractor fails to pass the completion and acceptance of the subcontracted project and it is due to the subcontractor, the subcontractor shall be responsible for repairing the corresponding defects and assuming the corresponding quality responsibility.
23.4 The completion date of the subcontracted project shall be the date on which the subcontractor provides the completion acceptance report. If it needs to be repaired, it shall be the date on which the completion report after the repair is provided.
24. Completion settlement and handover
24.1 Within 14 days after the completion acceptance report of the subcontracted project is approved by the contractor, the subcontractor shall submit the completion settlement report and complete settlement information of the subcontracted project to the contractor, and the two parties shall settle the completion of the project in accordance with the contract price agreed in this contract agreement and the contract price adjustment content agreed in the special terms of this contract.
24.2 The Contractor shall verify the completion settlement report and settlement information of the subcontracted project submitted by the subcontractor within 28 days after receiving the subcontractor's completion settlement report and settlement information, and give confirmation or put forward clear amendments. The contractor shall pay the settlement price for the completion of the subcontracted project to the subcontractor within 7 days after confirming the completion settlement report. The subcontractor shall deliver the completed project to the contractor within 7 days from the date of receipt of the completion settlement price.
24.3 If the contractor fails to pay the settlement price for the completion of the project without justifiable reasons within 28 days after receiving the settlement report and settlement materials of the subcontracted project, the contractor shall pay the interest on the arrears of the project price according to the interest rate of the subcontractor's loan to the bank for the same period from the 29th day, and shall bear the liability for breach of contract.
25. Quality warranty
25.1 After the completion and delivery of the general contractor including the subcontracted project, the subcontractor shall warrant the defects of the subcontracted project in accordance with the relevant provisions of the state, and the specific warranty liability shall be implemented in accordance with the quality warranty signed by the subcontractor and the contractor before the completion and acceptance of the project.
8. Breach of contract, claims and disputes
26. Breach of contract
26.1 The Contractor shall be deemed to be in breach of contract when one of the following circumstances occurs:
(1) The contractor mentioned in Clause 21.5 of the General Terms and Conditions of this contract fails to pay the advance payment and progress payment of the project as agreed in the subcontract, resulting in the construction being unable to be carried out;
(2) The Contractor referred to in Clause 24.3 of the General Terms and Conditions of this Contract does not pay the settlement price for the completion of the project as agreed in the subcontract;
(3) Other circumstances in which the contractor fails to perform its obligations under the subcontract or does not perform its obligations as agreed in the subcontract.
The contractor shall be liable for breach of contract, compensate for the economic losses caused to the subcontractor by its breach of contract, and extend the delayed construction period. The parties agree in the special terms of this contract on the calculation method of the contractor's compensation for the subcontractor's losses or the amount of liquidated damages that the contractor shall pay.
26.2 A subcontractor shall be deemed to be in default when one of the following occurs:
(1) If the subcontractor has direct working contact with the employer or the engineer as mentioned in paragraph 5.3 of the General Terms and Conditions of this contract;
(2) the subcontractor referred to in clause 12.1 of the General Conditions of this contract subcontracts or subcontracts the subcontracted works contracted by him;
(3) The subcontractor is unable to complete the construction in accordance with the completion date agreed in this contract agreement or the period extended by the contractor due to the reasons mentioned in clause 16.2 of the general terms and conditions of this contract;
(4) The quality of the project mentioned in clause 17.1 of the General Terms and Conditions of this contract does not meet the agreed quality standards due to the reasons of the subcontractor;
(5) Other circumstances in which the subcontractor fails to perform its obligations under the subcontract or does not perform its obligations as agreed in the subcontract.
The subcontractor shall be liable for breach of contract and compensate for the economic losses caused to the contractor by its breach of contract. The parties agree on the calculation method of the subcontractor's compensation for the contractor's losses or the amount of liquidated damages to be paid by the subcontractor in the special terms of this contract.
26.3 Possible consequences of a subcontractor's breach of this contract
In the event of a breach of the subcontract by the subcontractor, the subcontractor shall indemnify the contractor against any delays, economic losses and any compensation for which the contractor will be liable under the general contract caused by the breach of contract, in which case the contractor may deduct such economic loss and compensation from any price payable to the subcontractor, and shall not preclude the possibility of resorting to other remedies.
27. Claims
27.1 When a claim is made by one party to the other party, there must be a valid reason for the claim and valid evidence at the time of the occurrence of the claim event.
27.2 If the Contractor fails to perform its obligations as agreed in the subcontract or makes mistakes or other circumstances for which the Contractor shall be liable, resulting in a delay in the construction period and/or the failure of the Subcontractor to receive the contract price or other economic losses of the Subcontractor in a timely manner, the Subcontractor may claim compensation from the Contractor in writing in accordance with the procedures agreed in the general contract.
27.3 In the course of the construction of the subcontracted project, if the subcontractor encounters unfavorable external conditions and other circumstances that can claim compensation according to the general contract, the subcontractor may file a claim through the contractor in accordance with the claim procedures agreed in the general contract. Give the subcontractor a clear reply within 21 days of receiving the subcontractor's claim report, or request further additional reasons and evidence for the claim. Upon successful claim, the contractor shall transfer the corresponding portion to the subcontractor.
The subcontractor shall submit a claim report for the subcontracted project to the contractor in a timely manner in accordance with the provisions of the general contract, so as to ensure that the contractor can make a claim against the employer in a timely manner. If the contractor fails to respond to the subcontractor's claim report within 35 days, the subcontractor's claim report shall be deemed to have been approved.
27.4 When the Contractor submits any notice of intent to claim or other materials to the Engineer in accordance with the provisions of the general contract, and requests the subcontractor for assistance, the subcontractor shall send relevant notices or other materials to the Contractor in writing on the situation of the subcontracted project, and maintain and present the construction records of the same period, so that the Contractor can comply with the provisions of the general contract on claims.
If the subcontractor fails to cooperate actively and the contractor's claim in respect of the subcontracted works is unsuccessful, the contractor may deduct an appropriate proportion of the amount to be paid to the subcontractor in accordance with the subcontract.
28. Disputes
28.1 In the event of a dispute between the contractor and the subcontractor during the performance of the contract, it may settle or request the relevant departments to mediate. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, the parties may agree on one of the following ways to resolve the dispute in the special clauses of this contract:
(1) The parties reach an arbitration agreement and apply to the agreed arbitration commission for arbitration;
(2) Filing a lawsuit with a people's court with jurisdiction.
28.2 In the event of a dispute, the parties shall continue to perform the contract, maintain the continuity of the construction of the subcontracted works and protect the completed works unless:
(1) The unilateral breach of contract makes it impossible to perform the contract, and the two parties agree to stop the construction;
(2) The mediation requires the construction to be stopped, and it is accepted by both parties;
(3) the arbitration institution requests that the construction be stopped;
(4) The court requested that the construction be stopped.
9. Protection, Insurance and Guarantees
29. Indemnification
29.1 In addition to the risks to be borne by the Contractor, the Subcontractor shall indemnify and hold the Contractor harmless from the following losses, claims and claims, actions and damages arising out of the construction of the Subcontractor and the repair of defects arising therefrom:
(1) Casualties;
(2) Loss or damage to any property other than the subcontracted project.
The losses listed above shall be borne by the party responsible for causing the losses.
29.2 The Contractor shall indemnify and hold the Subcontractor harmless from claims, actions, damages, costs, charges and other expenses in connection with:
(1) According to the subcontract, the unavoidable damage to the property caused by the implementation and completion of the subcontract and the warranty process;
(2) Loss or damage to personal injury or property caused by the acts or omissions of the employer, contractor or other subcontractors, or related claims and lawsuits.
The losses listed above shall be borne by the party responsible for causing the losses.
30. Insurance
30.1 The Contractor shall take out insurance for the materials and equipment to be installed that are transported to the construction site for use in the subcontracted works. The insurance already handled by the employer shall be deemed to be the insurance handled by the contractor.
30.2 The subcontractor shall apply for accident insurance for employees engaged in dangerous operations, and apply for insurance for the life and property of its own personnel and construction machinery and equipment in the construction site, and pay insurance premiums.
30.3 In the event of an insured event, the Contractor and the subcontractor shall be responsible for taking all necessary measures to prevent or reduce the loss.
30.4 The specific insurance content and related responsibilities shall be agreed by the contractor and subcontractor in the special terms and conditions of this contract.
31. Guarantee
31.1 If the Subcontract requires the Contractor to provide a payment guarantee to the Subcontractor, the Contractor shall negotiate with the Subcontractor the form and amount of the guarantee, which shall be agreed in the special terms of this Contract.
31.2 If the subcontract requires the subcontractor to provide the contractor with a performance guarantee, the subcontractor shall negotiate with the contractor on the guarantee method and guarantee amount, which shall be agreed in the special terms of this contract.
31.3 The performance guarantee provided by the subcontractor shall not exceed the amount of the performance guarantee provided by the contractor to the employer in the general contract.
10. Miscellaneous
32. Supply of materials and equipment
32.1 The quantity, procedures and responsibilities of the supply of materials and equipment shall be performed in accordance with the relevant agreements between the employer and the contractor in the general contract.
32.2 The materials and equipment supplied by the employer for the part of the subcontracted project stipulated in the general contract shall be deemed to be supplied by the contractor.
32.3 Materials and equipment other than those specified in paragraph 32.2 shall be procured by the Subcontractor in accordance with the provisions of the specific terms of this Contract, and shall provide a certificate of conformity of the Products, and the Contractor shall not designate a manufacturer or supplier.
33. Cultural relics
33.1 According to the general contract, the Contractor shall notify the Subcontractor of the cultural relics or ancient and famous trees that need to be protected within the construction site of the Subcontractor, and the Subcontractor shall carefully protect them during the construction, and if it is necessary to take protective measures, the Contractor shall bear the necessary expenses.
33.2 If the subcontractor discovers cultural relics in its construction site, it shall take protective measures and report to the contractor in accordance with the time and procedures agreed in the general contract.
34. Force majeure
34.1 The scope of force majeure and the handling of events shall be the same as the corresponding terms of the general contract.
34.2 In the event of a force majeure event involving the construction site of the Subcontractor, the Subcontractor shall immediately notify the Contractor and take prompt measures to minimize the losses within its capabilities.
34.3 The Subcontractor shall bear the loss of its own personnel and property.
34.4 In the event of force majeure due to the delay in performance of the contract by one of the parties, the corresponding liability of the delayed party shall not be exempted.
35. Termination of subcontract
35.1 The contractor and the subcontractor may terminate the subcontract if they reach a consensus through consultation.
35.2 In the event of paragraph 21.5 of the General Terms and Conditions of this Contract, if the construction is stopped for more than 28 days, the Contractor still fails to pay the construction price (advance payment, progress payment), the subcontractor shall have the right to terminate the contract.
35.3 The Contractor shall have the right to terminate the contract if the Subcontractor subcontracts or subcontracts the work contracted by the Subcontractor.
35.4 The contractor and subcontractor may terminate the contract under any of the following circumstances:
(1) The contract cannot be performed due to force majeure;
(2) The contract cannot be performed due to the breach of contract by one party (including the suspension or delay of the construction of the project due to the reasons of the employer).
35.5 The procedure for terminating the subcontract and the aftermath shall be carried out in accordance with the corresponding terms of the general contract.
35.6 The termination of the subcontract shall not affect the validity of the settlement clause agreed upon by the parties in the contract.
36. Entry into force and termination of the contract
36.1 The Contractor and the Subcontractor shall agree in this Contract Agreement on the manner in which the Contract shall come into effect.
36.2 This contract shall be terminated when the contractor and subcontractor have fulfilled all their obligations under the contract, the completion settlement price has been paid, and the subcontractor has delivered the completed subcontracted works to the contractor.
36.3 After the termination of the rights and obligations of the subcontract, the contractor and the subcontractor shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality.
37. The number of contracts
37.1 Two originals of this contract, which shall be of equal effect, shall be kept by the contractor and subcontractor.
37.2 The number of copies of this contract shall be agreed by the parties in the special terms and conditions of this contract as necessary.
38. Supplemental Provisions
In accordance with the provisions of relevant laws and administrative regulations, combined with the actual situation of the project, the two parties may concretize, supplement or modify the general terms of this contract after reaching a consensus, and agree in the special terms of this contract.
Part III Specific Terms
Definitions of Terms and Contract Documents
2. Contract documents and order of interpretation
Contract documents and order of interpretation:
3. Language and writing and applicable laws, administrative regulations and engineering construction standards
3.1 In addition to the language specified in the general contract documents, this contract also uses language.
3.2 Laws, administrative regulations and rules that need to be expressly stated in this contract:
3.3 The engineering construction standards applicable to the subcontracted project: In addition to the above engineering construction standards, the engineering construction standards related to the subcontracted project agreed in the general contract are applicable to the subcontracted project.
The content and time of the contractor's submission of the construction technical requirements to the subcontractor are year, month, and date;
The time when the subcontractor proposes the corresponding construction process to the contractor is year, month and day.
4. Drawings
4.1 The date on which the Contractor provided the drawings to the Subcontractor: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
Number of sets of drawings provided by the contractor to the subcontractor: .
4.2 The contractor entrusts the subcontractor to carry out the detailed construction drawing design and the scope of the entrustment and the cost of the project:
4.3 Responsibility and expense for copying, redrawing, translating, and purchasing standard drawings
4.4 Requirements and costs for the use of foreign drawings:
2. General rights and obligations of the parties
7. Project manager
Name: Job Title (Letter of Appointment as an attachment to the subcontract).
8. Subcontracting project manager
Name: Job Title (Letter of Appointment as an attachment to the subcontract).
9. The work of the contractor
9.1 The Contractor shall do the following:
(1) Provide the subcontractor with the name and completion time of the construction site and the documents and approvals required for the construction:
(2) The time for organizing the subcontractor to participate in the employer's review of the drawings: year, month, and day;
The time for the design drawings to be submitted to the subcontractor: year, month, and day.
(3) Mechanical equipment and/or other facilities (if any) provided by the Contractor for the implementation of the subcontracted works, and the costs to be borne by:
(6) Other work to be done by the contractor as agreed by both parties:
10. Subcontractor's work
10.1 The Subcontractor shall do the following:
(2) The design content to be completed and the submission time:
(3) The subcontractor shall submit the overall schedule of the subcontracted project to the project manager within days after the signing of this contract. The time for the subcontractor to submit the annual, quarterly, monthly, weekly project schedule and the corresponding progress statistical report to the contractor is as follows:
Time for the contractor to approve the project schedule: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
(4) The time when the construction organization design is submitted to the contractor: year, month and day;
The time when the contractor approves the construction organization design: YYYYYYYYYYYYYYYYYYYYYYYYYYYY
(7) Special requirements and costs for the protection of finished products of completed projects:
(8) Other work to be done by the subcontractor as agreed by both parties:
Duration
14. Delay in construction period
14.1 Other circumstances in which the parties agree on the extension of the construction period:
Fourth, quality and safety
17. Quality inspection and acceptance
17.1 Agreement between the two parties on the quality standards of the subcontracted project:
5. Contract price and payment
19. Contract price and its adjustment
19.2 The price of this contract shall be determined in the following manner.
(1) If a fixed price is adopted, the scope of risks included in the contract price is as follows:
How the Exposure Fee is calculated:
The method of adjusting the contract price outside the scope of risk is as follows:
(2) If the adjustable price is adopted, the adjustment method of the contract price:
(3) Where cost plus remuneration is adopted, the agreement on cost plus remuneration shall be as follows:
19.3 Other adjustment factors agreed by both parties on the contract price:
20. Quantity confirmation
20.1 The time when the subcontractor submits the report of completed works to the contractor:
21. Payment of the contract price
21.1 The timing and amount of advance payments made by the Contractor to the Subcontractor:
Clawback time and ratio: .
21.2 When and how the Contractor pays the subcontractor for the works (progress payment):
7. Completion acceptance and settlement
23. Completion acceptance
23.1 The date on which the subcontractor provided the as-built drawings on the date of the year, month and day.
The number of copies of as-built drawings provided by the subcontractor.
8. Breach of contract, claims and disputes
26. Breach of contract
26.1 The specific liability of the Contractor for breach of contract under this Contract:
(1) Liability for breach of contract by the Contractor as stipulated in Clause 21.5 of the General Terms and Conditions of this Contract:
(2) Liability for breach of contract by the Contractor as stipulated in Clause 24.3 of the General Terms and Conditions of this Contract:
(3) Other liabilities of the contractor for breach of contract agreed by both parties:
26.2 The specific liability of the subcontractor for breach of contract under this contract:
(1) Liability for breach of contract by the subcontractor as stipulated in clause 5.3 of the General Terms and Conditions of this contract:
(2) Liability for breach of contract by the subcontractor as stipulated in Clause 12.1 of the General Terms and Conditions of this Contract:
(3) Liability for breach of contract by the subcontractor as stipulated in clause 16.2 of the General Terms and Conditions of this Contract:
(4) Liability for breach of contract by the subcontractor as stipulated in Clause 17.1 of the General Terms and Conditions of this Contract:
(5) Other liabilities of the subcontractor for breach of contract agreed by both parties:
28. Disputes
28.1 The parties agree that in the event of a dispute arising during the performance of the subcontract and the parties negotiate or fail to reach mediation, the dispute shall be resolved in the following ways:
(1) Submit the dispute to the Arbitration Commission for arbitration;
(2) Initiate a lawsuit with the people's court with jurisdiction in accordance with the law.
9. Protection, Insurance and Guarantees
30. Insurance
30.1 Contractor's insurance content and responsibilities:
30.2 Subcontractor's Insurance Content and Responsibilities:
31. Guarantee
31.1 The Contractor shall provide a payment guarantee to the Subcontractor in the following manner: Guarantee amount
31.2 The subcontractor shall provide the contractor with a performance guarantee in the following ways: Guarantee amount
10. Miscellaneous
32. Supply of materials and equipment
32.3 Agreement on the procurement of materials and equipment by the subcontractor:
37. The number of contracts
36.2 The Parties agree that there shall be a copy of this Contract, in which the Contractor and the Subcontractor shall be in duplicate.
38. Supplementary Terms:
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