EF—2007—0203 工程编号： 合同编号：
湖北省建设工程施工合同
湖北省工商行政管理局 湖 北 省 建 设 厅
监 制 二○○七年九月
目 录
第一部分 协议书
一、工程概况 ································································································· 1 二、工程承包范围 ··························································································· 1 三、合同工期 ································································································· 1 四、工程质量 ································································································· 1 五、合同价款 ································································································· 1 六、组成合同的文件 ························································································ 2 七、发包人承诺 ······························································································ 2 八、承包人承诺 ······························································································ 2 九、合同生效 ································································································· 2 十、合同备案 ································································································· 2
第二部分 通用条款
一、总则
1 定义 ········································································································· 3 2 合同文件及解释 ·························································································· 5 3 语言及适用的法律、标准与规范 ···································································· 5 4 通讯联络 ··································································································· 6 5 工程分包 ··································································································· 6 6 现场考察 ··································································································· 7 7 投标文件的完备性和义务 ············································································· 7 8 文物、化石和地下障碍物 ············································································· 7 9 安全事故处理 ····························································································· 8
10 知识产权 ································································································· 8 11 联合体的责任 ··························································································· 8 12 保障 ······································································································· 9 13 财产 ······································································································· 9 二、合同主体
14 发包人 ···································································································· 9 15 承包人 ···································································································· 10 16 现场管理人员任命和更换 ············································································ 12 17 发包人代表 ······························································································ 12 18 监理工程师 ······························································································ 13 19 造价工程师 ······························································································ 14 20 承包人代表 ······························································································ 14 21 分包人和另行分包 ····················································································· 15 22 承包人雇员 ······························································································ 15 三、担保、保险与风险
23 工程担保 ································································································· 16 24 发包人风险 ······························································································ 18 25 承包人风险 ······························································································ 18 26 不可抗力 ································································································· 18 27 保险 ······································································································· 19 四、工期
28 进度计划和报告 ························································································ 20 29 开工 ······································································································· 21 30 暂停施工和复工 ························································································ 21 31 工期延误 ································································································· 22 32 加快进度 ································································································· 23 33 竣工日期 ································································································· 24 34 误期赔偿 ································································································· 24 五、质量与安全
35 质量的管理 ······························································································ 24
36 质量目标 ································································································· 24 37 已完工程及设备材料保护 ············································································ 25 38 安全防护和文明施工 ·················································································· 25 39 放线 ······································································································· 26 40 钻孔与勘探性开挖 ····················································································· 27 41 发包人供应材料设备 ·················································································· 27 42 承包人采购材料设备 ·················································································· 28 43 材料设备的检验 ························································································ 29 44 检查和返工 ······························································································ 30 45 隐蔽工程和中间验收 ·················································································· 30 46 重新检验和额外检验 ·················································································· 31 47 工程试车 ································································································· 31 48 竣工资料 ································································································· 32 49 竣工验收 ································································································· 32 50 质量保修 ································································································· 33 六、造价
51 工程计量和计价 ························································································ 33 52 预留金 ···································································································· 34 53 零星工作项目费 ························································································ 34 54 提前竣工奖与误期赔偿费 ············································································ 35 55 合同价款的约定与调整 ··············································································· 35 56 工程变更 ································································································· 36 57 工程变更价款的确定 ·················································································· 37 58 工程价款支付 ··························································································· 38 59 索赔 ······································································································· 40 60 竣工结算与结算款 ····················································································· 41 61 质量保证 ································································································· 42 七、合同争议、解除与终止
62 合同争议 ································································································· 43
63 合同解除 ································································································· 45 64 合同解除的支付 ························································································ 46 65 合同终止 ································································································· 47 八、其他
66 税费 ······································································································· 47 67 保密要求 ································································································· 47 68 廉政建设 ································································································· 48 69 合同份数 ································································································· 48 70 补充条款 ································································································· 48
第三部分 专用条款
1 定义 ········································································································· 49 2 合同文件及解释 ·························································································· 49 3 语言及适用的法律、标准与规范 ···································································· 49 4 通讯联络 ··································································································· 49 14 发包人 ···································································································· 50 15 承包人 ···································································································· 50 17 发包人代表 ······························································································ 51 18 监理工程师 ······························································································ 51 19 造价工程师 ······························································································ 51 20 承包人代表 ······························································································ 52 21 分包人 ···································································································· 52 23 工程担保 ································································································· 52 26 不可抗力 ································································································· 52 27 保险 ······································································································· 52 28 进度计划和报告 ························································································ 53 36 质量目标 ································································································· 53 38 安全防护和文明施工 ·················································································· 53
湖北省建设工程施工合同范本(有内容作参考的哦)
