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Notable Problems Involved in Signing Construction Contract
Sino-Link Consulting   Author:sinolink Source: Font size:[Large][Middle][Small]

Provisions of construction contract are listed separately in Contract Law, which regulate the relevant responsibilities and obligations, what's more, there are also many other laws and regulations concerned with construction project deal with such contracts, so it is obvious to see how important the construction contracts are. The bid and term listed in construction contract are usually long and complicated, with many technical terms and unique contents and clauses; therefore, it is necessary to have better understanding on such contracts in practice in order to avoid risks or loss. So this paper will introduce briefly about the notable issues involved in construction contract

(1). Construction contents

The first clauses in construction contract may refer to the engineering name and constructing contents, so these terms are used to nail down the total obligations of the constructors, such as contract for labor and materials.

(2). Contract price

Contract prices in construction contracts have various modes, such as fixed price, fixed unit price, adjustable price. Fixed price is generally applicable to projects with short period and low total price, while fixed unit price is a calculation method which will calculate the risking range and risk costs involved in unit price, and such price cannot be adjusted within the risking range. Adjustable price can regulate the adjust method according to laws, regulations, engineering cost adjusted in management agencies and other factors. The price adjustment of the total project price adjustment methods must be regulated in the contract to prevent controversy in clearing process.

(3). Contract period

This clause in the contract should not only indicate overall project time, starting date and completing date should also be specified; if the contract mentions labor and materials, the specific date of producing materials should also be added in the clause. In addition, the contract period must regulate postpone circumstances, for example, if the client has not provided qualified roads and corresponding infrastructure construction for the contractor before the starting date specified in the contract, the construction should postpone, in order to determine the responsibilities of both sides later.

(4). Supervisor's responsibilities

Supervisor's duties not only root in laws, but also base on clients' authorization; therefore, in order to supervise their performance and avoid potential disputes, supervisor's responsibilities in construction contract are essential. Especially nail down whether supervisors have rights to sign appraisal documents submitted by the constructors, or have rights to issue closing report, etc.

(5). Final acceptance of the completed project

The final acceptance terms are the same with closing clauses, playing an important role construction contract. According to the legal provisions, construction projects shall be appraisal to be qualified, which cannot be put into use without inspection. The client will undertake the due obligations if he makes unauthorized use of unqualified projects. Meanwhile, Final acceptance of the completed project is the basis for paying the construction debt. Therefore, the time for constructors to submit the appraisal acceptance the client's appraisal and feedback time after get the appraisal documents must be stated in the clauses, furthermore, if the client hasn't checked or given the feedback within a given date, the projects are deemed to be qualified.

(6). Close accounts

The way to close the account may influence the time for contractor withdrawing funds, because the law regulates that the client should pay the construction debts after the final acceptance of the completed project. Therefore, the closing clauses should include the deadline of submitting closing report to the client, and the period for the client to complete the settlement, and pay the debts to the constructor according to the closing report.

Besides the above aspects, construction contract may also deal with time of guarantee, acceptance criterion, and recipient for the submitted documents, rights and obligations of both sides, etc.

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