According to: “PRC Contract Law”, “Law on the Protection of Consumer Interests”, “PRC Price Law”, “Shanghai Supervision of Contract Terms”, “Shanghai Construction Market Management Regulations”, as well as other laws and regulations relevant to the specific circumstances of this project, parties A and B have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect.
Party A is the owner of the property.
Party B is approved and registered with the city industrial and commercial administrative organs as an
enterprise engaged in renovation and decoration.
4. 建筑结构： 建筑面积 平方米，施工面积 平方米。
Construction area: total area (including stairwells and other common areas): m2, private living area: m2.
Contractor engagement method: See annex – (quotation).
7. 总价款： .00元，大写(人民币): 元整。
Total price: .00RMB; in words: 元整. Any changes in this price must be agreed by both parties in writing.
8. 工期:自 年 月 日开工，至 年 月 日前竣工,工时总计 天，不含国家法定节假日,乙方委派现场施工监理为 先生，联系方式:
Period: Start: (year) (month) (day); Completion before: (year) (month) (day); Total days (excluding national holidays): days. Party B's on site construction supervisor will be:
TERMS OF PAYMENT
The payment schedule shall be as follows:
付 款 时 间
Timing of Payments
付 款 时 间
After the contract is signed.
When half of the project period time has elapsed.
Furniture of lamps and lanterns, before the approach
Upon Acceptance of
the completion of the project.
Date of signing for the project change.
Air conditioning project
AGREEMENT ON THE SUPPLY OF MATERIALS
Material provided by Party B: Any materials or equipment supplied by Party B which do not meet the design and construction requirements are prohibited. Any extra materials requested by Party A which were not in the original design must be paid for by Party A.
Material provided by Party A: (see the annex: “Table of Materials to be provided by the Owner”). If Party A acquires materials for the project, it should first check with Party B that the materials match to the design requirements, and once the materials are in the care of Party B, then Party B is responsible for the materials. If Party A requires some materials which do not fit to the design then it shall be the responsibility of Party A to pay any additional costs incurred by Party B.
FULFILMENT OF THIS AGREEMENT
The execution of this project must be consistent with the “Architectural and Engineering Rules” of the city administrative departments responsible for the development of buildings and local standards and quality evaluation acceptance criteria.
Party B must provide a duplicate copy of the construction designs and drawings, and both copies should be signed by both parties.
If materials provided by Party A for the construction do not meet the necessary requirements, Party A shall bear responsibility for any resulting delays in the completion in the project.
If the quality of Party B's work results in any accidents, the liability for such accidents shall be the responsibility of Party B.
If, during the construction, Party A wishes to propose a change to the design, he should sign a “Change of Project” with Party B and must assume responsibility for resulting delays or increase in costs. If Party A secretly attempts to change to design directly with the construction personnel and this action causes loss to Party B, then Party A must compensate Party B for this loss.
The standard of work. It is the responsibility of Party B to make sure that all construction works are carried out to the requirements of the design and to make sure that all internal walls and hidden construction parts are to the required standard.
7. 工程竣工：乙方完工后即应通知甲方验收，甲方应在竣工当日组织验收，并办理验收移交手续，双方签<工程质量验收单>。如果甲方在规定时间内不能组织验收，须及时通知乙方，另定验收日期。如通过竣工验 收，甲方应承认原竣工日期，并承担因此造成的乙方的看管费用和其他相关费用
Project completion. Party B must notify Party A when the project is complete and ready for inspection by Party A. After inspection both parties must sign an “Engineering Quality Acceptance” document. If Party A is not available to inspect the construction site on the completion date, he must notify Party B of the soonest available date. Where Party A is not available on the completion date to retake custody of the location, he must pay any extra costs incurred by Party B.
One year warranty. After completion of the work and signing of the “Single Warranty”, there shall be a one year warranty on the construction.
SAFE PRODUCTION AND FIRE REGULATIONS
1. 施工图纸和施工说明应符合防火 防事故的要求，主要包括电气线路等管道畅通、合格。乙方在施工中应采取必要的安全防护和消防措施，保障作业人员及相邻关系的安全,防止相邻单位的管道堵塞、渗漏水、停电、物品毁坏等事故发生
Construction drawings and construction must be in line with fire prevention regulations, and accident prevention requirements. This includes electrical circuits and pipelines. Party B shall take measures to ensure the safety of workers and neighbors at the constructions site and must prevent leakage of water, interruptions of power and damage to property.
Any changes to the housing structure or demolition or alteration to load bearing walls or increase in floor load must first be approved by the building property management before construction begins.
Both parties must provide money exchange receipts and invoices.
When Party A confirms the pre-construction and construction drawings, he must also make sure there is sufficient space available at the construction site for construction to take place. Party A must make sure that Party B has everything necessary on site for completion of the construction, particularly electricity and water.
Party A must take care of the public relations in the construction site area – particularly with the neighbors.
Party B must be available to attend meetings organized by Party A.
Party B must follow the construction plans, and the construction must be durable, and must meet the scheduled completion date.
LIABILITY FOR BREACH OF CONTRACT
If Party A causes any delays to the completion of this project, then the scheduled completion date should be adjusted accordingly.
If Party B causes any delay to the completion of this project, then Party B must pay to Party A a fee of 0.1‰
( in words: 1/1000)of the total overall project fee for each day beyond the scheduled completion date.
If Party A instructs Party B to make any alterations to a load bearing wall and Party A has not sought and received permission from the building property management, Party A shall be responsible for any resulting costs and shall indemnify Party B for any additional expenses incurred.
If Party B makes any unauthorized changes to load bearing walls or building pipelines and such changes result in damages or loss, it shall be the responsibility of Party B to pay for such loss.
Party A shall be responsible for any extra costs incurred due to his use of the property before the final completion meeting and signing of the “Engineering Quality Acceptance” document.
If there is a dispute between the parties, this contract should be submitted to the relevant trade association for mediation and also to the host district and county building departments in charge of administrative complaints, or to consumer associations.
if, after negotiation, mediation and/or consultation, the parties have failed to reach an agreement, then the dispute
should be:submitted to the--Shanghai Arbitration Commission--filed as a lawsuit.
AMENDMENT AND TERMINATION
After this contract is signed it must be strictly adhered to. After the contract is signed, neither party can leave the contract without agreement of the other party.
After this contract is signed, the project shall not be sub-contracted.
3.本合同一式 两 份，甲、乙双方各执 1 份，合同附件为本合同的组成部分，具有同等的法律效力
This contract will be printed and signed in duplicate and each party shall keep a copy.
In the event of force majeure, this contract will be delayed and resume as soon as practicably possible.
If any matters arise which are not covered within this contract, they shall be dealt with by mutual consultation between the two parties.
Annex 1. Single Warranty
Annex 2. Itemized expenditure list of Party B for the construction (e.g. waste removal fees charged by the property management).
Annex 3. Construction drawings and practice notes.
Party A (Chop): Party B (Chop):
Corporation: Company Owner (name):
Company Owner (name): Company Owner (name):
Project Leader: Project Leader:
Post Code: Post Code:
Date: 年 月 日 Date: 年 月 日