EF—2007—0203
工程编号： 合同编号：
湖北省建设工程施工合同
工程名称： 工程地点： 发 包 人： 承 包 人：
湖北省工商行政管理局 湖 北 省 建 设 厅 二○一三年六月
监 制 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 ·························································································································· 2 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 41 发包人供应材料设备 ······································································································ 53 45 隐蔽工程和中间验收 ······································································································ 53 47 工程试车 ·························································································································· 53 49 竣工验收 ·························································································································· 53 51 工程计量和计价 ·············································································································· 54