The GF-2002-0212
Construction Project Cost Consulting Contract
The People´s Republic of China builds department
National work company Zheng management total department
The first always department construction project cost consulting contract
___________(following abbreviation trustee)with ________(following abbreviation consulting person ) process mutual consultation consistent, sign this contract.
1, trustee are entrusted to consult artificial following project to offer construction project cost consulting service:
1 ． project name:
2 ． service classification:
2 ,relevant attachment same justice and term and the construction project cost consulting term and conditions of contract attached and the wording of this contract.
3, following file is the composition part of this contract:
1 ． construction project cost consulting contract standard condition;
2 ． the construction project cost consulting contract condition for special purpose;
3 ． construction project cost consulting contract carry out in the supplementary and correction file that signed together.
4, consulting person agrees to undertake the construction project cost consulting business in agreed scope in the condition of this contract for special purpose according to the stipulation of this contract.
5, trustee agrees to pay reward according to volume degree, way, currency kind and the assigned time limit of this contract to consulting person.
6 ,the construction project cost consulting business of this contract from days day beginning enforcement, to days day end.
7, the 4 copies of a type of this contract has equal legal effectiveness , is mutual and each to hold two copies.
Trustee: ( stamp )
legal representative person: ( signature )
the person of agency by agreement: ( signature )
Residence:
Bank opens an account:
Account number:
Postcode:
Telephone: Telephone:
Electronic mailbox:
In days day
consulting person:( stamp )
legal representative person:( signature )
the person of agency by agreement: ( signature )
Residence:
Bank opens an account:
Account number:
Postcode:
Facsimile: Facsimile:
Electronic mailbox:
In days day
Second partially construction project cost consulting contract standard condition
words definition, suitable language and law , regulations
The first following noun and term, only context has stipulation additionally, has following meaning.
1. "trustee" denotes its legal heir as well as one side that entrusts to build project cost consulting business and invites project cost consulting unit.
2." consult person" one side who denotes to undertake construction project cost consulting business and project cost consulting responsibility , as well as its legal heir.
3. " the person of 3th " denote except trustee , consulting person besides the involved party concerning this consulting business.
4. "day" denotes any zero hour of one day to the time section of second day zero hour.
The construction project cost consulting contract of Sub_clause 2 is suitable to be the law of China, regulations, as well as the land method rule of agreed department rule, project cost relevant valuation method and assigned or project site in the condition for special purpose , local rule.
The explanation and explanation and writing of Sub_clause 3 of construction project cost consulting contract are taking Chinese as leading language. When different language text occurs different explanation, is subject to Chinese language treaty wording.
Consult the duty of person
Sub_clause 4 to trustee offer the information concerning project cost consulting business, include the certificate of natural endowments of project cost consulting and the professional who undertakes the business of this contract name list and consulting working planned etc., and in the contract condition for special purpose the scope stipulated enforcement consulting business.
The consulting person of Sub_clause 5 includes serving and adding service and extra service normally during performing this contract, to the service that trustee offers.
1." serve normally" denote the project cost consulting work that both sides agree in the condition for special purpose;
2." add service" denote in " normal service " besides, by both sides, written agreement is definite and additional to serve;
3." serve the normal service " denote to not belong to " extra" with " additional service ", but according to contract standard condition, Sub_clause 13 and the stipulation of Sub_clause of 22 and Sub_clause 20 consult the extra workload that person should increase.
Sub_clause 6 must not reveal during performing contract or in contract time limit and this contract stipulates the classified information of relevant business campaign.
The duty of trustee
The trustee of Sub_clause 7 should take the responsibility for the duty of trustee with the construction project cost coordination of the consulting business relevant person of 3th, to consult man-days make to offer external condition.
The trustee of Sub_clause 8 should be in the time stipulated , is free to offer the information concerning this project consulting business to consulting person.
The trustee of Sub_clause 9 should consult person in the time stipulated the written matter that submits and asks to make reply make written reply. Consult person to ask that the person of 3th offers relevant information , trustee should take the responsibility for passing on and information pass on.
The trustee of Sub_clause 10 should authorize to be qualified for the representative of consulting business , takes the responsibility for and consults person to connect.
Consult the right of person
the construction project cost co nsulting of the trustee of Sub_clause 11 in entrustment scope of business , below appointment consulting person right:
1. consulting person is consulting course , if trustee offers , information do not make clear can put forward written report to trustee.
It is checked or inquired that 2, consulting person has right in consulting course as the person of 3th puts forward the problem concerning this consulting business.
3. consulting person has the right of the project prospecting on-the-spot in consulting course.
The right of trustee
the trustee of Sub_clause 12 have following right:
1. trustee has right to consulting person to inquire working progress and related content.
2. trustee has right to elaborate suggestion and the opinion for specific problem.
3.when trustee believes consulting professional, do not perform its duty according to consulting contract or with the person of 3th collaborate to trustee cause pecuniary loss, trustee has right requirement to change consulting professional ,
asks consulting person to undertake corresponding liability to pay compensation till terminate a contract.
Consult the responsibility of person
the responsibility issue of the consulting person of Sub_clause 13 construction project cost consulting contract validity. As because of the not consulting responsibility of person cause progress postpone or delay exceed the date stipulated , both sides should agree to prolong contract validity correspondingly further.
In the consulting person responsibility issue of Sub_clause 14 should perform the duty stipulated in construction project cost consulting contract, since the single square fault of consulting person causes , pecuniary loss, should carry out compensation to trustee. Amount to compensation total should not exceed construction project cost consulting reward total ( exclude taxes ).
The consulting person of Sub_clause 15 can not check or reply in time for the problem that trustee or the person of 3th puts forward , cause contract can not all perform partially, consulting person agrees the responsibility of dan.
The consulting person of Sub_clause 16 to trustee put forward compensation requirement can not set up , should compensate the various costs of trustee that caused because of this compensation or other requirements expense.
The responsibility of trustee
the trustee of Sub_clause 17 should perform the duty of the construction project cost consulting contract stipulated, if have to violate, should undertake responsibility of breach of contract, compensation gives to consult the artificial loss that becomes.
If the trustee of Sub_clause 18 puts forward compensation or other requirements to consulting person, when can not set up , should compensate the expense that causes to consult the various costs of person because of this compensation or other requirements.
Contract comes into effect , change and terminate
this contract of Sub_clause 19 since both sides sign the day that stamped , rise to come into effect.
Sub_clause 20 makes consult man-days to make because of the reason of trustee or the person of 3th, get obstruction or delay to increase workload or duration, consult person should the influence of producing this condition and possibility in time written notice trustee. By the workload of this increase as extra service, the time of building project cost consulting work consummately should be prolonged correspondingly , and gets extra reward.
When one side of Sub_clause 21 of involved party asks to change or relieve contract, should inform opposite side before 14 days; Make one side suffer loss because of changing or relieving contract, should be taken the responsibility for by responsibility side compensation.
The consulting person of Sub_clause 22 suspends or terminates conducted construction project cost consulting business because of not self reason , should have right as extra service by the work of resuming conducted construction project cost consulting business that this increases to get extra time and reward.
Sub_clause 23 changes or relieves agreement or the notice of contract, should adopt written form, before new agreement does not reach , original contract is still effective.
Consult the reward of business
the construction with normal Sub_clause 24 project cost consulting business, the reward of additional working and extra work is taken according to the construction project method idea of the cost consulting contract condition stipulated for special purpose , and is paid according to the amount and time stipulated.
Sub_clause 25, beginning from the day that stipulates payment if trustee does not pay construction project cost consulting reward in the payment time limit of stipulation, should compensate to consulting person the reward interest that should be paid. Interest volume press to stipulate the payment finally a day of time limit bank current loan multiply with default reward time calculation.
Sub_clause 26 if the partially reward project or reward in payment notice that trustee submits for consulting person put forward objection, should in receive the notice in payment notice two days that sends objection to consulting person, but trustee must not delay the payment of its unanimity reward project.
The currency currency kind and exchange rate that Sub_clause 27 adopts for paying construction project cost consulting reward are agreed by the contract condition for special purpose.
Other
Sub_clause 28s consult the needs of business since construction project is cost, consult person in contract agree besides go out to investigate, by trustee, agree that the cost needed by it is taken the responsibility for by trustee.
If the consulting person of Sub_clause 29 needs , invites expert assistance, in the construction project cost consulting scope of business of entrustment, its cost is undertaken by consulting person; Besides the construction project cost consulting scope of business of entrustment by trustee approve its cost from trustee undertake.
Sub_clause 30 does not go through the written agreement of opposite side, different aspects must not transfer duty and the right with the contract stipulated.
Sub_clause 31 exclude trustee written same accident, consult person and consulting professional should not accept construction project cost consulting contract the and any project pay of relevant cost consulting project that agrees. Consulting person must not participate in any possible conflicting campaign with the trustee benefit of contract that stipulates.
The solution of contract dispute
Sub_clause 32 the compensation of loss and infringement that arouses because of promise breaking or terminate a contract, should negotiate solution between trustee and consulting person; As could not reach consistent, can submit relevant reponsible department conciliation; Negotiate or mediate do not become , according to the mutual office arbitration stipulated of submission to arbitration or, mention lawsuit to people´s court.
3th builds the project cost consulting contract condition for special purpose partially
The regulations and project cost valuation method and stipulation and law of Sub_clause 2 with suitable this contract:
Sub_clause 4 builds project cost consulting scope of business:
" build project cost consulting business" the consulting business that denotes following service classification:
( A kind ) construction project feasibility research investment estimated authorized strength, verification and project economic appraisement;
( B kind ) construction project budget, budget and settlement , is completed to close ( decidedly ) verification and the authorized strength of calculate;
( C kind ) construction project public bidding mark base , enter a bid verification and the authorized strength of quotation;
( D kind ) project consult business, change and contract claim and the appraisal of dispute;
( E kind ) the project cost valuation of authorized strength basis and for project cost carry out monitoring with offer relevant project cost information information.
The trustee of Sub_clause 8 with the both sides stipulated the construction project cost consulting material that should offer and offer time:
The trustee of Sub_clause 9 should in day for consulting person the written matter that submits and asks to make reply make written reply.
The consulting person of Sub_clause 14 agrees to, according to following method, undertake the pecuniary loss that causes because of only square responsibility in its responsibility issue if neglecting duty.
Compensation money =Direct pecuniary loss * Reward ratio( deduct taxes)
Sub_clause 24 of pecuniary loss trustee agreement press following calculation method, payment time and amount, pay the normal service of consulting person reward:
Trustee agrees to pay additional service reward according to following calculation method, payment time and amount:
Trustee agrees to pay extra service reward according to following calculation method, payment time and amount:
The mutual agreement of Sub_clause 27 uses U.S. dollar to pay reward， Pay according to exchange rate
The construction project cost consulting contract of Sub_clause 32 occurs dispute in performing course, trustee and consulting person should negotiate solution in time; As could not reach consistent, can submit relevant reponsible department conciliation; Negotiate or mediate do not become , according to following kind way solution:
( 1 ) Submit***arbitration committee arbitration
( 2 ) according to law to people´s court bring the suit:
Add agreement term:
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" build project cost consulting contract" service instruction
the construction project cost consulting " include " contract standard condition the construction project cost consulting " with" the contract condition for special purpose the standard condition " ( following abbreviation" the condition for special purpose " , " ".
" standard condition " apply to each kind of construction project project cost consulting entrustment, trustee and consulting person should pawn to comply with. " the condition for special purpose " is basis construction project project characteristic and condition, fill out after being negotiated by trustee and consulting person consistently. If both sides think that need , return but in in which increase the supplementary term and correction term stipulated.
" the condition for special purpose " fill out explanation:
" the condition for special purpose the standard condition " it should be corresponding " " order fill out. For instance:
Sub_clause 2 will fill out stipulation or land method law regulations and project cost relevant method and the department with suitable place according to the specific condition of construction project as project classification and construction place etc..
Sub_clause 4 in consultation with mention expressly " construction project cost consulting scope of business " should first make clear project scope as project project, individual project or unit project as well as the consulting business undertaken with project contract contract or the project scope covered by subcontracting always appearance consistent. Secondly should make clear project construction different stage such as feasibility research and design, recruit to enter a bid estimated content, budget or the investment estimation in stage or whole course project cost consulting.
When filling out construction project cost consulting reward standard, should agree according to the construction project project content numerous letter level, workload size and both sides that trustee entrusts , should pay in advance the Yuan of 30% of advance payment when signing contract normally, when workload pays in advance the project money Yuan of 70% consummately at 70% o´clock, surplus part is paid off one time when treating consulting result verdict.
If make consulting one occur extra service because of delay or the obstruction of trustee and the person of 3th, should also pay reward , and should agree payment time and the calculation method of reward, when mentioning expressly for its payment time should mention expressly its payment in rear how many day.
If agree by mutual consultation, can establish award to punish term , but must be equal.
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