The new version of the construction contract demonstration text was published.
It consists of three parts: contract agreement, general contract terms and special contract terms.
In order to standardize the construction market order and safeguard the legitimate rights and interests of the parties to the construction contract, the Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce revised the Construction Contract (Model Text) and formulated a new version of the Construction Contract (Model Text) (hereinafter referred to as the "new text"). The old version was abolished at the same time.
According to reports, the new text is a non-mandatory text, which is suitable for the construction contracting activities of building construction projects, civil engineering, pipeline and equipment installation projects, decoration projects and other construction projects. The parties to a contract may conclude a contract according to the new text in combination with the specific conditions of the construction project, and bear corresponding legal responsibilities and contractual rights and obligations in accordance with the provisions of laws and regulations and the contract.
The new text consists of three parts: contract agreement, general contract terms and special contract terms.
Among them, there are 13 contract agreements, mainly including the general situation of the project, contract duration, quality standards, contract price and contract price form, project manager, contract document composition, commitments and contract entry into force conditions, etc., which collectively stipulate the basic contractual rights and obligations of the parties to the contract.
There are 20 general contract clauses, which are principled agreements made by the parties to the contract on the implementation of engineering construction and related matters in accordance with the provisions of People’s Republic of China (PRC) Construction Law, People’s Republic of China (PRC) Contract Law and other laws and regulations. The arrangement of terms not only considers the relevant requirements of existing laws and regulations on engineering construction, but also considers the special needs of construction management of construction projects.
Special terms and conditions of contract are terms that refine, improve, supplement, modify or otherwise agree on the general terms and conditions of contract. The parties to the contract may, according to the characteristics and specific conditions of different construction projects, modify and supplement the corresponding special contract terms through negotiation and consultation between the two parties.(Zongbian)