Construction project entrusted supervision contract

The first part of the construction project entrusted supervision contract

The client _______________ and the supervisor ________________ sign this contract through consultation between the two parties.

1. The general situation of the project (hereinafter referred to as "the project") entrusted by the client to the supervisor is as follows:

Project Name:

Project Location:

Project Scale:

Total investment:

2. The meanings of the relevant terms in this contract are the same as those given to them in Part II of this contract, the Standard Conditions.

3. The following documents are an integral part of this contract:

(1) Supervision of bids or bid-winning notices;

(2) the standard conditions of this contract;

(3) the special conditions of this contract;

(4) Supplementary and amended documents signed by both parties during the implementation process.

4. The supervisor promises to the client that, in accordance with the provisions of this contract, he shall undertake the supervision business within the scope agreed in the special conditions of this contract.

5. The client promises to pay remuneration to the supervisor in accordance with the period, method and currency specified in this contract.

This contract shall be implemented from ______, ______, _______ to be completed on _____, _______, _______.

This contract shall be executed in ________ copies, with the same legal effect, and each party shall execute ______ copies.

[There is no text below, it is the contract signing page]

Client: (Signature)	Supervisor: (Signature)
Address:	Address:
Legal representative: (signature)	Legal representative: (signature)
Bank:	Bank:
Account:	Account:
Zip:	Zip:
Phone:	Phone:
This contract is signed on: XX-MM-DD

Part II Standard conditions

Definitions, Scope of Application, and Regulations

Article 1 The following terms and expressions, unless the context otherwise requires, shall have the following meanings:

(1) "Construction" refers to the project entrusted by the client to carry out supervision.

(2) "Principal" refers to the party that bears the direct investment responsibility and entrusts the supervision business and its legal successor.

(3) "Supervisor" refers to the party who bears the supervision business and supervision responsibility, as well as its legal successor.

(4) "Supervision organization" refers to the organization of the supervisor stationed at the project site to implement the supervision business.

(5) "Chief Engineer" refers to the person in charge of the full performance of this contract assigned by the supervisor to the supervision organization with the consent of the client.

(6) "Contractor" refers to the party other than the supervisor who signs a contract with the client on matters related to the construction of the project

(7) "Normal work of project supervision" refers to the scope and content of supervision work entrusted by the client as agreed by both parties in the special conditions.

(8) "Additional work of project supervision" refers to: (1) the work content added by the written agreement between the two parties outside the scope of supervision entrusted by the client; (2) The supervision work is hindered or delayed due to the reasons of the client or contractor, and the work is increased due to the increase in workload or duration.

(9) "Additional work of project supervision" refers to the work that must be completed by the supervisor in accordance with the provisions of Article 38, or the suspension or termination of the supervision business, the aftermath of the work and the resumption of the supervision business for reasons not attributable to the supervisor himself.

(10) "Day" refers to the period from 0:00 on any day to 0:00 on the next day.

(11) "Month" means the period of time from the beginning of any day of a month to the day before the corresponding date of the following month according to the Gregorian calendar.

Article 2 of the law applicable to the contract of entrusted supervision of construction projects refers to the laws and administrative regulations of the State, as well as the special conditions agreed in the departmental rules or local regulations and local rules where the project is located.

Article 3 This contract document shall be written, explained and explained in Chinese language. If the special conditions stipulate the use of two or more languages (including two languages), Chinese shall be the standard language for the interpretation and explanation of this contract.

Supervisor's Obligations

Fourth supervisor according to the contract to send the supervision of the work needs of the supervision agency and supervision personnel, to the client to submit the appointment of the chief engineer and the main members of the supervision of the main members of the list, supervision planning, to complete the supervision of the contract special conditions agreed in the supervision of the project within the scope of the supervision business. During the performance of contractual obligations, the supervision work shall be reported to the client on a regular basis as agreed in the contract.

Article 5 During the performance of the obligations of this contract, the supervisor shall work conscientiously and diligently to provide the client with advice suitable for its level, and fairly safeguard the legitimate rights and interests of all parties.

Article 6 The use of facilities and articles provided by the client by the supervisor is the property of the client. When the supervision work is completed or suspended, the facilities and remaining items shall be handed over to the client at the time and in the manner agreed in the contract.

Article 7 During the contract period or after the termination of the contract, without the consent of the relevant parties, the confidential information related to the project and the contract shall not be disclosed.

Principal's Obligations

Eighth client in the supervisor to carry out supervision business should pay the supervisor in advance.

Nineth client shall be responsible for the coordination of all external relations of the construction of the project, to provide external conditions for the supervision of the work. If part or all of the coordination work is entrusted to the supervisor as needed, the entrusted work and the corresponding remuneration shall be specified in the special conditions.

Article 10 The client shall, within the time agreed by both parties, provide the supervisor free of charge with the project information related to the supervision of the work required.

Article 11 The client shall, within the time specified in the special clause, make a written decision on all matters submitted in writing by the supervisor and requested to make a decision.

Article 12 The client shall authorize a resident representative who is familiar with the project and can make a decision within the specified time (agreed in the special terms), responsible for contacting the supervisor. The supervisor shall be notified in advance of the change of permanent representative.

Article 13 The client shall promptly notify the contractor of the selected contract in writing of the supervision rights granted to the supervisor, as well as the division of functions and supervision authority of the main members of the supervisor, and make it clear in the contract signed with the third party.

Article 14 The client shall provide the following information within the time that does not affect the supervision work carried out by the supervisor:

(1) List of manufacturers of raw materials, components, machinery and equipment in cooperation with this project.

(2) Provide a list of cooperative units and cooperating units related to the project.

Article 15 The client shall provide the supervisor with office space, communication facilities, supervision site housing and facilities under the special conditions of the contract free of charge, and give reasonable economic compensation to the facilities provided by the supervisor (compensation amount = the proportion of the facilities in the project use time to the depreciation period × the original value of the facilities ten management fees).

Article 16 According to the needs of the situation, if the parties agree, the client provides other personnel to the supervisor free of charge, it should be specified in the special conditions of the supervision contract.

Supervisor's rights

17th supervisor in the scope of the project entrusted by the client, enjoy the following rights:

(1) The right to make suggestions for the selection of the general contractor of the project.

(2) The right to approve the selection of project subcontractors.

(3) The right to make suggestions to the client on matters related to the construction of the project, including the scale of the project, the design of the design of the project, the planning and design, the design of the production process and the functional requirements of the use.

(4) For the technical problems in the engineering design, make suggestions to the designer in accordance with the principle of safety and optimization; If the proposed proposal may increase the cost of the project or extend the construction period, the consent of the client shall be obtained in advance. When it is found that the engineering design does not conform to the construction project quality standards promulgated by the state or the quality standards agreed in the design contract, the supervisor shall report in writing to the client and require the designer to make corrections.

(5) Examine and approve the organizational design and technical plan of the project construction, make suggestions to the contractor in accordance with the principles of ensuring quality, ensuring the construction period and reducing costs, and submit a written report to the client.

(6) Preside over the organization and coordination of the relevant cooperative units of the project construction, and important coordination matters shall be reported to the client in advance.

(7) With the consent of the client, the supervisor has the right to issue a commencement order, a suspension order, and a resumption order, but shall report to the client in advance. In the event of an emergency, a written report shall be made to the client within 24 hours.

(8) The right to inspect the materials used in the project and the quality of construction. The contractor shall have the right to notify the contractor to stop using the materials, components and equipment that do not meet the design requirements, contract agreements and national quality standards; For the process, sub-project and unsafe construction work that do not meet the specifications and quality standards, the contractor shall be notified to stop work for rectification and rework. The contractor can only resume work after receiving an order from the supervision agency to resume work.

(9) The right to inspect and supervise the construction progress of the project, as well as the right to sign the actual completion date of the project in advance or beyond the completion period specified in the project construction contract.

(10) Within the scope of the project price agreed in the construction contract, the right to review and approve the payment of the project payment, as well as the right to review and confirm the settlement of the project and the right to veto. Without the signature and confirmation of the chief engineer, the client does not pay the project payment.

Article 18 The supervisor may, with the authorization of the client, propose changes to the obligations of any contractor under the contract. If this significantly affects the cost or quality of the works, or the schedule, such changes are subject to the prior approval of the client. In the event of failure to report to the client for prior approval in case of emergency, the supervisor shall notify the client of the changes made as soon as possible. In the process of supervision, if it is found that the contractor's personnel are not effective, the supervision agency may require the contractor to replace the relevant personnel.

Article 19 Within the scope of the entrusted project, the client or the contractor must first submit to the supervision agency any comments and requirements (including claims) of the other party, and the supervision agency shall study and dispose of the opinions, and then negotiate with both parties to determine. When a dispute arises between the client and the contractor, the supervision agency shall, according to its own functions, judge in an independent capacity and mediate impartially. When the dispute between the two parties is mediated by the government construction administrative department or arbitrated by an arbitration authority, the factual materials of testimony shall be provided.

Principal Rights

Article 20 The client has the right to select the general contractor of the project and to conclude a contract with it.

Article 21 The client has the right to identify the project scale, design standards, planning and design, production process design and design use function requirements, as well as the right to approve changes in the engineering design.

Article 22 The transfer of the supervisor to the chief engineer shall be agreed by the client in advance.

Article 23rd client has the right to require the supervisor to submit a monthly report on the supervision work and a special report within the scope of the supervision business.

Article 24 When the client finds that the supervisor does not perform the supervision duties in accordance with the supervision contract, or colludes with the contractor to cause losses to the client or the project, the client has the right to require the supervisor to replace the supervisor until the contract is terminated and requires the supervisor to bear the corresponding liability for compensation or joint and several liability.

Supervisor Responsibility

25th supervisor responsibility period is the validity period of the entrusted supervision contract. In the process of supervision, if the date agreed in writing is exceeded due to the delay or delay of the construction progress of the project, the two parties shall further agree on the corresponding extension of the contract period.

Article 26 During the period of responsibility, the supervisor shall perform the agreed obligations, and if the economic loss of the client is caused by the negligence of the supervisor, the client shall be compensated. The total amount of cumulative compensation (except as provided for in Article 24 of this contract) shall not exceed the total remuneration of supervisors (excluding taxes).

Article 27 The supervisor shall not be liable for the contractor's violation of the quality requirements and the time limit for completion (delivery of drawings and delivery) stipulated in the contract. If the entrusted supervision contract cannot be performed in whole or in part due to force majeure, the supervisor shall not be liable. However, the client shall be liable for compensation for matters related to the violation of Article 5.

Article 28 When the supervisor's claim for compensation to the client cannot be established, the supervisor shall compensate the client for all kinds of expenses caused by the claim.

Principal Responsibilities

29th client shall perform the obligations agreed in the contract of entrustment supervision, if there is a violation, shall bear the liability for breach of contract, compensation for the economic losses caused to the supervisor.

When the supervisor handles the entrusted business, if he suffers losses due to reasons not attributable to the supervisor, he may request compensation from the client.

Article 30 If the client's claim for compensation to the supervisor cannot be established, it shall compensate the various expenses of the supervisor caused by the claim.

Validity, Variation and Termination of Contract

Article 31 If the supervision work is hindered or delayed due to the reasons of the client or the contractor, so that additional work occurs or the duration is extended, the supervisor shall promptly notify the client of the situation and the possible impact. The time to complete the supervision work is extended accordingly, and the additional work is paid.

Article 32nd after the signing of the contract for supervision, the actual situation changes, so that the supervisor can not perform all or part of the supervision business, the supervisor shall immediately notify the client. The time for the completion of the supervision business shall be extended. When resuming the implementation of supervision business, should be increased not more than 42 days for the resumption of the implementation of supervision business, and according to the amount agreed by both parties to pay supervision remuneration.

Article 33 The contract shall be terminated if the supervisor completes the completion acceptance or project handover procedures to the client, the contractor and the client have signed the project warranty responsibility letter, and the supervisor receives the balance of the supervision remuneration. Responsibilities during the warranty period are agreed between the parties in the special terms.

Article 34 When one of the parties requests to modify or terminate the contract, it shall notify the other party 42 days in advance, and if one party suffers losses as a result of the termination of the contract, the responsible party shall be responsible for compensation unless it can be exempted from liability according to law.

The notice or agreement to change or terminate the contract must be in writing, and the original contract shall remain in force until the agreement is reached.

35th supervisor in should receive the supervision remuneration within 30 days from the date of receipt of payment documents, and the client has not put forward any written explanation to the supervisor, or according to the 33rd and 34th has suspended the implementation of the supervision business time limit of more than six months, the supervisor may send a notice to the client to terminate the contract, within 14 days after the notice has not been replied to the client, may further issue a notice of termination of the contract, if the second notice has not been received within 42 days after the client has not replied, The contract may be terminated or the execution of all or part of the supervision business may be suspended or continued at its own discretion. The client shall be liable for breach of contract.

36th supervisor due to reasons other than their own suspension or termination of the implementation of the supervision business, the aftermath of the work and the resumption of the implementation of the supervision business, should be regarded as additional work, entitled to additional remuneration.

Article 37 When the client believes that the supervisor has no justifiable reason and has not performed the supervision obligations, it may send a notice to the supervisor specifying its failure to perform the obligations. If the client does not receive a reply within 21 days after the notice is given, a notice of termination of the entrusted supervision contract may be issued within 35 days after the first notice is issued, and the contract shall be terminated. The supervisor shall be liable for breach of contract.

Article 38 The termination of the contract agreement shall not affect the rights and responsibilities of the parties.

Remuneration for supervisors

39th normal supervision work, additional work and additional work remuneration, in accordance with the supervision contract special conditions in the 40th article of the method calculation, and according to the agreed time and amount of payment.

Article 40 If the client fails to pay the supervisor remuneration within the prescribed payment period, from the specified date, the supervisor shall also pay a late fee. Late fees are calculated from the last day of the stipulated payment period.

41st payment of supervision remuneration to take the currency, exchange rate by the contract special conditions agreed.

Article 42 If the client raises an objection to the remuneration or part of the remuneration items in the payment notice submitted by the supervisor, it shall send a notice of objection to the supervisor within 24 hours of receiving the payment notice, but the client shall not delay the payment of other non-objectionable remuneration items.

other

43rd entrusted construction project supervision of the necessary supervision personnel to go out for inspection, materials and equipment retest, the cost of the client agreed, within the budget to the client reimbursement.

44th within the scope of supervision business, if it is necessary to hire experts for advice or assistance, hired by the supervisor, the cost shall be borne by the supervisor; If it is hired by the client, the cost shall be borne by the client.

Article 45 The supervisor puts forward reasonable suggestions in the course of supervision work, so that the client has obtained economic benefits, and the client shall give economic rewards according to the agreement in the special conditions.

Article 46 The supervisor resident supervision agency and its staff shall not accept any remuneration or economic benefits from the construction contractor of the supervision project.

The Supervisor shall not engage in any activity that may conflict with the interests of the Principal as stipulated in the Contract.

Article 47 In the process of supervision, the supervisor shall not disclose the secrets declared by the client, and the supervisor shall not disclose the secrets provided and declared by the designer or contractor.

Article 48 The supervisor has the copyright of all the documents prepared by it, and the client only has the right to use or copy such documents for the project.

Dispute Resolution

Article 49 The compensation for the losses and damages of the other party caused by the breach or termination of the contract shall be settled through negotiation between the two parties, and if no agreement can be reached, it may be submitted to the competent authority for coordination, and if no agreement can be reached, it shall be submitted to the arbitration authority for arbitration according to the agreement of the two parties, or file a lawsuit in the people's court.

Part III Special Conditions

Article 2 The applicable law and supervision basis of this contract:

Fourth supervision scope and supervision work content:

Article 9 External conditions include:

Article 10 The project information to be provided by the client and the time to be provided:

Article 11 The client shall, within days, give a written reply to the matters submitted in writing by the supervisor and request a decision.

Article 12 The Permanent Representative of the Client shall be:

15th client to provide the following facilities to the supervision agency free of charge:

The facilities provided by the supervisor and compensated by the client are as follows:

Reimbursement amount 　

16th during the supervision period, the client to the supervision agency free of charge to provide a staff, by the chief engineer to arrange its work, where involved in the service, such staff should only receive instructions from the chief engineer. and provide a service staff free of charge. The Supervisory Body shall cooperate with the providers of such services, but shall not be responsible for such persons and their actions.

Article 26 If the supervisor is derelict in his duties during the responsibility period, he agrees to take responsibility and compensate for the loss [the cumulative compensation does not exceed the total amount of supervision remuneration (tax deduction)]:

Compensation = Ratio of direct economic loss × remuneration (net of taxes)

Article 39 The client agrees to pay the supervisor's remuneration according to the following calculation method, payment time and amount:

The client agrees to pay additional remuneration according to the following calculation method, payment time and amount: (remuneration = additional working days× contract remuneration / supervision service days)

The Client agrees to pay additional remuneration for the work according to the following calculation method, payment time and amount:

Article 41 The two sides agree to pay remuneration in __________ at the ________ exchange rate.

Article 45 Incentives:

Reward amount = project cost savings × remuneration ratio

Article 49 Disputes arising from the performance of this contract shall be settled by both parties through negotiation, and if the negotiation fails, it shall be resolved in the following ways:

(1) Submit to the Arbitration Commission for arbitration;

(2) Initiating litigation in the people's courts in accordance with law.

Additional Terms of Agreement:

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