建筑装饰工程施工合同协议书英文版ContractforDecorationProject

建筑装饰工程施工合同协议书英文版

C o n t r a c t f o r

D e c o r a t i

o n P r o j e c t

文件编号TT-00-PPS-GGB-USP-UYY-0089

C o n t r a c t f o r

D e c o r a t i o n P r o j e c t

Party A (full name):

Party B (full name):

This Contract is concluded on the basis of the project details by and between the foresaid Party A and Party B in accordance with Contract Law of People’s Republic of China and Construction Engineering Contract Regulations.

1. Overview

Project name:

Project site:

Project content:

Means of contract:

Construction Period is from date of commence

of , to completion date of .

Quality standard:

Contract price:

2. Party A’s Responsibilities

Party A shall provide copy of confirmed construction drawings or instructions to Party B Days prior to the date of commence, clear up all or parts of the buildings, and remove barriers. Party A will take protective measures for the remaining furniture and furnishings. Party A also needs to provide water, electricity, gas and telecommunications, and indicate matters needing attention to Party B. Party A will be responsible for going through all the applications and approval procedures related to the project.

Party A assigns to be the representative. He will be responsible for the supervision and control over the project, and handle the acceptance, alteration, registration formalities.

Party A entrusts with the construction supervision of this project. The supervision company appoints to be the general supervision engineer, clarifies his responsibilities in the supervision contract, and submits copy of the contract to Party B.

Party A shall be responsible for protecting the surrounding buildings, equipments, pipelines, trees and landscaping from being damaged, and bear corresponding costs.

If it is really necessary to change the original building structure or pipelines, Party A shall be responsible for going through the corresponding approval procedures.

Party A will coordinate with relevant departments to do on-site security, fire protection, waste disposal, etc., and bear the corresponding costs.

3. Party B’s Responsibilities

Party B must be available to attend meetings organized by Party A and prepare construction plan and schedule.

Party B assigns as the site resident representative. He will be responsible for construction organization and completion of the project with good quality.

Party B shall strictly implement the construction specifications, safety operation procedures, fire safety regulations, and environmental protection regulations. It muststrictlyexecuteconstructionabidingby construction drawings or practice instructions, and complete the quality inspection record. Party B must participate in the

final completion acceptance, and prepare the project settlement.

Party B must abide by the provisions on the management of the construction sites by the national or local government and related departments, protect the surrounding buildings, equipments, pipelines, trees and landscaping from being damaged. Party B also need to do a good job in such things as the construction site security and garbage disposal, and deal well with the issue of disturbing residents brought about by construction.

Without Party A's consent or approval of relevant departments, Party B shall not make any unauthorized changes to original building structure or pipelines.

Party B shall be responsible for protecting all the facilities and finished projects before the project is handed over to Party A.

4. Construction Period

When Party A needs to complete the project ahead of the time limit, it should obtain Party B's agreement and pay the cost for the measures that Party B takes to crash the schedule.

If the project progress is influenced by the delay of Party A's delivery date, the practically impacted cycle extends accordingly.

If the project can not be started on time or shutdown halfway for no reason because of Party B's responsibility, the practically impacted cycle can not extend accordingly.

The project duration shall be prolonged when the downtime is over eight hours (accumulated in one week) caused by the power failure, water failure, gas stop and force majeure factors because of design changes or reasons not related to Party B.

5. Quality Standard and Acceptance Inspection

This project takes construction drawings, instructions, design changes and national construction and acceptance specifications such as Construction and Acceptance Standards of Decoration Engineering

(JGJ73-91), Unified Quality Inspection and Assessment of Architectural Installation Work (GBJ300-88) as quality assessment and acceptance standards.

Quality of the project should meet the acceptance criterion of national quality assessment. If all or parts of the project reach to the excellent standard, Party A will pay to Party B increased costs.

Party A and Party B shall promptly handle the concealed work inspection procedures of pre-acceptance in the middle of the project. If Party A do not organize covert acceptance in time, Party B can make self-inspection and Party A shall admit the result. If Party A requires the re-inspection, Party B shall be in accordance with the requirements for the re-inspection. If the re-inspection result is acceptable, Party A shall bear the re-inspection fee and the project duration can be extended accordingly; if re-inspection result is not acceptable, the re-inspection and reworking costs shall be borne by Party B, and the project duration shall also be extended accordingly.

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 of the project.

If the quality of Party B's work results in any accidents, liability for such accidents shall be borne by Party B.

When the Project is ready for final acceptance, Party B shall submit to Party A the full as-built documentations and completion acceptance report. Party A shall organize the acceptance within 5 day after receiving all the documents. When Party A can not

conduct the acceptance within the time specified in the Contract, Party A shall inform Party B without delay and determine another date for the acceptance. Party A, however, shall admit the completion date of the Decoration Project and be liable for the expenses for taking care of the construction by Party B and other relevant expenses.

6. Contract Prices & Settlement

The Parties agree to determine the contract price pursuant to mode below:

(1) Fixed price

(2) Fixed price, combined with / % risk rate (including / )

(3) Adjustable price: make adjustments and settlement according to relevant state regulations

Party A shall make payments after the Contract comes into effect. Final payment will be made after completion of the project.

After final acceptance of construction, Party B will make the engineering settlement and transfer the relevant documents to Party A. Party A shall complete

reviewing of the documents within / days. Where Party A fails to raise an objection, its consentshallbe deemedto have been given. The final payment shall be made within / days.

7. Material supplies

Party A is in charge of purchasing the supplied materials and equipments (refer to Annex). The materials shall be qualified and meet the design requirements, and be delivered to the scene in time. If Party B is responsible for picking up the materials, Party A shall hand over delivery documents to Party B and let Party B bear the transportation expense. Party A shall be responsible for the damages to the project caused by quality problems or specification differences of the materials and equipment supplied by Party A. Party B is responsible for storage of materials provided by Party A, and Party A shall pay / % of the material value as the storage fee. Party B shall be responsible for the compensation associated with the loss caused by improper storage of Party B.

providedbyPartyB:Anymaterialsorequipmentsupplied byPartyBwhichdonotmeetthedesignandconstructionrequi rementsareprohibited.If the materials have been used, the loss caused shall be assumed by Party B.

8. Safe Production and Fire Regulations

Construction drawings provided by Party A or practice that should comply with the fire regulations of the People's Republic of China and the relevant fire safety rules.

Party B should strictly abide by Engineering Safety Technical Regulations for Construction and Installation, Safety Operation Procedures, Fire Control Regulation and other relevant laws and regulations.

Party A shall bear all the resulting economic losses if the drawings or instructions violate the safety

operating rules, fire control and fire prevention design specifications.

Party B shall bear all the resulting economic losses if its construction process violates the safety operating rules, fire control and fire prevention design specifications.

9. Rewards and Liabilities for Breach of the Contract

If Party A causes any delays to the completion of this project, then Party A must pay to Party B for each day beyond the scheduled completion date. A fine of will be imposed in respect of each day that the payment is overdue.

If Party B causes any delays to the completion of this project, then Party B must pay to Party A for each day beyond the scheduled completion date. If the project needs to be completed ahead of the time limit, a reward of will be provided by Party A in respect of each day before the scheduled completion date.

If all or parts of the project reach to the excellent standard, Party A will pay to Party B as a reward.

Party B shall protect the equipments provided by Party A, furniture, furnishings and finished products placed on site. If losses are caused, Party B shall bear the compensation responsibility.

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 a party suspends its performance, it shall timely notify the other party and be liable for all losses thus incurred to the other party.

10. Deputes

If there is any dispute between the two parties, the parties should solve through negotiation or submit any disputes to the relevant departments without influencing the project progress.

If the parties are reluctant to settle the dispute through consultation or mediation or they fail in settling the dispute thereby, they may apply to Changzhou Arbitration Committee for arbitration in accordance with the arbitral clause in the contract or in accordance with the written arbitration agreement reached between them subsequently. The parties concerned may bring the action directly before the people's court in the absence of an arbitration clause in the contract or in the absence of a written arbitration agreement concluded afterwards.

11. Final Clauses

12. Supplementary Provisions

Project quality warranty or insurance shall be settled by both parties through concluding agreement.

This contract will be printed and signed in duplicate and each party shall keep 1 copy.

This Contract shall automatically terminate and expire upon the full performance

Annex

(1) Construction drawings or instructions

(2) Project schedule

(3) Project budget statement

(4) List of materials provided by Party A

(5) Meeting minutes

(6) Design changes

(7) Others

Party A (Stamp): Party B (Stamp):