Current location - Education and Training Encyclopedia - Education and training - How to review the project contract
How to review the project contract
In this kind of contract, we should pay special attention to the relationship between the total contract price or the total project price and the payment terms, especially whether there is an audit clause for the project payment. The project contract involves a large number of contract attachments, so attention should be paid to the consistency with the relevant terms of the contract. The terms of completion acceptance are closely related to the terms of payment, so attention should be paid to reviewing the terms of completion acceptance. In addition, the completion acceptance is related to delivery and warranty period. Pay attention to the agreement of liability for breach of contract, especially pay attention to the delay of construction period and liability for breach of contract when the project cannot be accepted due to quality problems. For those who have gone through the bidding procedures, it is also necessary to review whether the relevant bidding documents are consistent with the contract.

Legal basis: Article 79 1 of the Civil Code of People's Republic of China (PRC)? The employer may conclude a construction project contract with the general contractor, or a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and contract it to several contractors.

The general contractor or the contractor for survey, design and construction may, with the consent of the employer, entrust part of its contracted projects to a third party. The third party shall be jointly and severally liable to the Employer with the general contractor or the survey, design and construction contractor for the work results it has completed. The contractor shall not subcontract all the construction projects it contracted to a third party or subcontract all the construction projects it contracted to a third party in the name of subcontracting.

It is forbidden for the contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting contracted projects. The construction of the main structure of the building project must be completed by the contractor himself.

The contents of Article 795 of the Civil Code of People's Republic of China (PRC) generally include project scope, construction period, starting and ending time of intermediate projects, project quality, project cost, delivery time of technical data, material and equipment supply responsibility, allocation and settlement, completion acceptance, quality warranty scope and duration, and mutual cooperation.