Measures of Tianjin Municipality for the Administration of Construction Contracts of Construction Projects (Trial) Measures of Tianjin Municipality for the Administration of Construction Contracts of Construction Projects (Trial) Article 1 In order to meet the needs of the socialist market economic system, strengthen the management of the construction market and safeguard the legitimate rights and interests of the parties to the construction contract, according to the Economic Contract Law of the People's Republic of China, the provisions of the State Administration for Industry and Commerce and the Ministry of Construction on strengthening the management of the construction market and the measures of the Ministry of Construction on the management of construction contracts, Combined with Article 2, these Measures are applicable to the construction contracts of various building construction, civil engineering, equipment installation, pipeline laying, decoration and other construction projects within the administrative area of this Municipality (hereinafter referred to as construction contracts). Article 3 Construction contracts of construction projects are divided into: Tianjin Construction Contract, Tianjin Small-scale Construction Contract and Tianjin Construction Subcontract. 1. For construction projects with a project cost of more than 500,000 yuan (including 500,000 yuan), Tianjin Construction Project Construction Contract shall be implemented; 2. For construction projects with a project cost of less than 500,000 yuan, Tianjin small-scale construction project construction contract shall be implemented; 3. If the general contractor subcontracts the engineering division, sub-items or construction services to other construction enterprises, it shall subcontract the construction projects in Tianjin. Article 4 The Municipal Urban and Rural Construction Committee (hereinafter referred to as the Municipal Construction Committee). The Municipal Administration for Industry and Commerce jointly established the Tianjin Construction Project Contract Management Office (hereinafter referred to as the Municipal Contract Management Office). And set up district and county contract management offices in all districts and counties. Article 5 The municipal, district and county management shall be applied to the construction contracts of construction projects. The division of labor and management scope of city, district and county contract management offices are: 1. The Municipal Contract Management Office is responsible for Tanggu District, Hangu District, Dagang District, Wuqing County, Baodi County, Jixian County, Jinghai County and Ninghe County in Tianjin, including wholly-owned, joint venture, cooperative enterprises, development communities and science parks in the above districts and counties, with a construction area of 65,438+. The contract management office where the project is located is responsible for the contract management of construction projects below the quota. 2. The Municipal Contract Management Office is responsible for the contract management of construction projects in Dongli District, Xiqing District, Jinnan District and Beichen District of Tianjin, including wholly-owned enterprises, joint ventures, cooperative enterprises, development zones and science parks in the above areas, with a construction area of more than 5,000 square meters (including 5,000 square meters) or a project cost of more than 3 million yuan (including 3 million yuan). The contract management office where the project is located is responsible for the contract management of construction projects below the quota. 3. The Municipal Contract Management Office is responsible for Heping District, Hexi District, Hedong District, Hebei District, Nankai District and Hongqiao District in Tianjin, including wholly-owned enterprises, joint ventures, cooperative enterprises, development zones and science parks in the above areas, with a construction area of over 3,000 square meters (including 3,000 square meters) or a project cost of over 6,543,800 yuan (including 6,543,800 yuan+0,500 yuan). The contract management office where the project is located is responsible for the contract management of construction projects below the quota. 4. The Contract Management Office of Tianjin Economic and Technological Development Zone and Tianjin Port Bonded Zone is responsible for contract management. Article 6 The responsibilities of the contract management office are: 1. To publicize and implement the laws, regulations and policies of the state and our city on the construction contract of construction projects; 2. Implement, popularize and use the national construction contract text and the construction contract text formulated by our city; 3. Review the draft visa contract between Party A and Party B, supervise the performance of the contract, and report and investigate the illegal acts of using the construction contract to the relevant departments; 4. Organize the training of contract management personnel, and summarize and exchange experiences; 5. Adjust the disputes in the construction contract; 6. Assist the economic contract arbitration tribunal dispatched by Tianjin Economic Contract Arbitration Commission to adjudicate construction contract disputes. Article 7 The signing of a construction contract must meet the following conditions: 1. The project has been included in the annual plan and officially approved for construction; 2. There are design documents and relevant technical data that meet the construction needs; 3 construction funds and main sources of building materials and equipment have been implemented; 4. The bid-winning notice has been issued for the project subject to tender. Article 8 The employer and the general subcontractor who sign a construction contract shall be organizations or individuals with legal personality. Both parties must have the corresponding qualifications and the ability to perform the construction contract. When signing the construction contract, they should abide by the laws and regulations of the state and follow the principles of equality, mutual benefit and consensus. When signing the contract, the contractor shall obtain the power of attorney from the legal representative. No unit or individual other than the contractor may illegally interfere with the signing and performance of the construction contract. Article 9 When signing a construction contract, the terms of the agreement, the solutions to possible problems and the handling principles shall be clearly stipulated in accordance with the Model Contract Conditions of the State Administration for Industry and Commerce and the Ministry of Construction and the relevant provisions of Tianjin. Article 10 The contractor shall strictly fulfill the stipulations on the construction period, quality and project price. 1. Construction period. We should refer to the time limit quota of relevant departments in the State Council to determine the corresponding time limit and adjust the disposal methods. 2. Engineering quality. Engineering quality standards and requirements must comply with the relevant provisions of the state and our city. 3. Project price. The determination of the project price should implement the current budget quota and the relevant provisions of our city, and specify the adjustment method of the price in the contract. Eleventh the employer shall sign a construction contract with the contractor, and the contractor may subcontract some of the contracted projects to subcontractors and sign subcontracts. The contractor is responsible to the employer and the subcontractor is responsible to the contractor. Subcontractors shall not subcontract subcontracted projects to other units. Article 12 When the Employer deems it necessary, it may entrust a project supervision unit with corresponding qualifications to carry out project supervision. When signing a supervision contract, the authority and responsibility of the supervision unit should be clearly defined. Thirteenth where the implementation of the "Tianjin construction contract" text of the project, the draft contract must be reviewed after signing. Where the implementation of the "Tianjin small construction project construction contract" text of the project, the signing parties can voluntarily review the situation, but must copy the contract text, according to the urban division of labor reported to the contract management office for the record. Where the implementation of the "Tianjin Construction Project Subcontract" text of the project, as the case may be, voluntary review. Article 14 The review procedure for construction contracts is: 1. Where a project is subject to tender, the contracting parties must sign a written construction contract within 30 days after winning the bid, and the contractor will send the agreed draft contract to the contract management office for review. 2. The contract management office shall complete the review and sign the opinions within 10 days from the date of receiving the draft contract. 3. Within 5 days after the signing of the construction contract, a copy of the contract shall be submitted to the contract management office and the bank for the record. 4. Where there are no opinions and disputes signed by the Contract Management Office, the Contract Management Office will not mediate. Article 15 The main contents of construction contract review: 1. Whether the two parties have corresponding qualifications and the ability to perform the contract; 2. Whether it has the necessary conditions for signing a contract; 3. Whether the terms of the contract are complete and whether the contents meet the bid-winning conditions; 4. Whether there are violations of laws and regulations; Whether there are problems that harm the interests of the state, society and third parties; 5. Whether the on-site representatives of both parties have the required qualifications; 6. Whether the construction period, quality and contract price conform to the provisions of Article 10 of these Measures. Sixteenth contract management office in the review work at the same time, according to the relevant provisions of the contract review fee. Article 17 After a construction contract is concluded according to law, it has legal effect, and the legitimate rights and interests of the parties are protected by law. Either party shall not transfer, modify or terminate this agreement without authorization. 1. After the contract is signed, one party shall be liable for breach of contract. 2 in violation of laws and regulations in the performance of the contract, the contract management office shall give a warning, or submit it to the relevant departments for handling according to regulations. 3. A written agreement shall be signed to modify or terminate the contract, and the agreement shall be reported to the contract management office for the record within 5 days. Article 18 When a dispute arises during the performance of a construction contract, both parties shall, under the condition of ensuring the construction progress and not damaging the quality of the project, mediate in accordance with the settlement methods and procedures agreed in the contract, apply for arbitration or bring a lawsuit to the people's court. Nineteenth illegal punishment is to sign a construction contract in the name of other organizations or others, or use the contract to carry out illegal activities; Subcontracting in the name of subcontracted projects shall be punished according to relevant regulations. If a crime is constituted, criminal responsibility shall be investigated by judicial organs. Twentieth all Sino foreign joint ventures, cooperative enterprises, foreign-funded enterprises and joint-stock enterprises in this Municipality shall also be implemented in accordance with these measures. Twenty-first approach by the Municipal Construction Committee and the Municipal Administration for Industry and Commerce is responsible for the interpretation of. Article 22 These Measures shall come into force as of August 2004 1994. All documents and contract texts that conflict with the provisions of this contract management method shall be abolished.