2011Years6Month7Day Beijing Wei Heng Law Firm Xi'an Branch accepts Shaanxi still day Construction Engineering Company Limited (hereinafter referred to as yet day company) Commission, appointed Guo Di lawyers will lead Han Ji Wei River dam base project "the tender documents in terms of" bidding Supplementary Clauses of the contract performance issues and provide legal advice.

It is day the company provides "the tender documents, tender documents" "", "contract agreement", "about the request for additional project price letter", Shaanxi Province on the Hanjiang to Weihe River Project Coordination Leading Group Office "on the lead Han Ji Wei River dam base (a) construction related issues opinions" some leading office supervision department, project department file copy,2009"Shaanxi province construction project quantity list valuation rules", "Shaanxi project cost management information"2010Article4.6Time files.

2010Years6Month14DayThe lawyer, Guo Di to the dam site survey, obtained as follows: the office canteen engineering foundation the main structure completed acceptance, outdoor construction not stringing construction. Electrical, ventilation and fire protection engineering drainage to the unfinished. Project Manager Yang Qingwei presentation contract09Years9Month4Signed,09Years9Month9Approach,09Years10Month16The day started. The project did not land use permits planning permit construction permit. The contract is not approved for the record. Scope of construction have leakage (before the start of the party did not three links one ping) and design changes (base change area increased canteen increase overpass). Why the delay duration is three links one ping weather design change data delay work contact list did not return.

Hanjiang to Weihe River project is to satisfy the demand of Shaanxi Province5City11County water need to improve the ecological environment in Weihe River Basin of South to North Water Diversion Project of the public. Total time limit for a project11Year, the total investment154Billion.2009Years7Monthly review by the Department of water conservancy,2010At the end of the year to start the construction. In order to strengthen and facilitate the project construction management to reduce management costs, construction of large dam construction lead Han Ji Wei management base. The lawyer at the Shaanxi provincial development and Reform Commission "reply".

According to the survey above provide the client files and lawyers, combined with the relevant laws and regulations, proposed the following legal advice:

One of the bidding documents

According to the "Regulations of Bidding Law" article nineteenth, article twenty-seventh, article forty-sixth, the bidding documents is related to a project subject to tender tender preparation requirements bidder qualification standard bidding requirements of content evaluation standards and formulate the main clauses of the contract and other legal documents, is the contract offer invitation documents.

The tender document is the essence of response of the tender documents. Still, all the contents and requirements of the implementation of this project promise all bidding documents and relevant accessories.

The signing of the contract in accordance with the tender documents and the bid documents shall be binding on both parties, bidders.

But "the bidding law" nineteenth paragraph second "technical standards for the project subject to tender stipulated, the tenderee shall put forward corresponding requirements in the tender documents in accordance with the provisions of."

The content of the tender documentation is not equal to the terms of the contract have the force of law, the bid invitation documents shall conform to the state provisions.

Lead Han Ji Wei River dam base construction (a) bid price in the bid invitation documents according to the requirements of section2004"Shaanxi province construction engineering quantity list valuation rules" (hereinafter referred to as04Rule) price.2008Years7Issued on the Ministry of housing and urbanGB50500-2008"Code of valuation with bill quantity of construction works (hereinafter referred to as"08Standard. All use of state funds or state-owned investment funds mainly invest in construction projects, must follow the specification. Shaanxi province "04Rule "is the basis of national"03Preparation of standard ","08Standard.08Years12Months after the promulgation and implementation of "03Specification "abolished, the basis of the method is superior to the law. Lead Han Ji Wei works bidding should be based on "08Standard.

"08"Specification" provisions of the bill of quantities tender, engineering quantity list must be part of the tender documents, the responsible for the accuracy and completeness of the tenderee." Project completion settlement of engineering quantity according to the contracting parties agreed in the contract should be measured and the actual completion of determination." "In the process of engineering construction, the contracting parties, when national legal regulations and policy changes, the construction administrative department of the state or provincial industry or its authorized the project cost administration released accordingly adjust the files of project cost, project cost shall be adjusted." "The market price change more than a certain extent, the project cost should be adjusted." Bidding documents in the special conditions of contract3.3The current national standard provisions. The bidding documents in the price13.2"If successful, take a lump sum to the list price, the price is not because of price changes."13.17"The risk to the construction site construction environment market understanding unclear caused, the bidder is responsible for." Contract supplementary provisions51.2 5."The material price during the construction period is no longer considered changing market conditions and national policy adjustment factors, the settlement shall not be adjusted." Inconsistent with the norms of the state. Specification is the project bidding settlement rules of behavior. The State Council "" construction quality management regulations stipulated in article tenth construction contract awarding units, and shall not force the contractor to competitive bidding below cost price. Shan Jianfa2009(3"Notice" provisions) on major building material price risk agreement and adjustment: the main types of building materials by the contracting parties agreed in the contract, the price of the magnitude of the risk should be controlled in the contract price5%Within the. All risk of contract shall be borne by the contractor, the difference shall be borne by the employer.

Two about the validity of the contract

"The bidding law" eighth stipulates the tenderer is a legal person or any other organization. Shaanxi Hanjiang to Weihe River project coordination leading group office whether to have the qualifications of a legal person does not affect the validity of the contract.

"The bidding law" stipulates that the ninth tenders in accordance with relevant state regulations need to fulfill the project approval procedures, it shall first examination and approval procedures, approval. Contract construction area5128mArchitecture for frame concrete and the development and Reform Commission approved a total construction area ""2900mBrick masonry structure does not match. According to the "contract law" article forty-fourth is not approved after the entry into force.

Three on the performance of the contract

"Building construction permits management approach" the provisions of article second in accordance with the construction of the State Council approved the report of the authority and procedures, no construction permit. The provisions of article third must apply for construction permits construction project without obtaining the construction permit, shall not be started. Authorities did not stop work order does not affect the duration calculation.

According to the shortage of labor, there are engineering supervision report of engineering management, quality improvement of adverse. "Construction survey design management regulations" stipulates that the thirtieth construction survey design units in the construction should be pre construction, construction units and supervision units to illustrate the construction engineering survey and design intent, explained the construction engineering survey and design documents. To solve the problems appearing in the construction survey and design. Still, should actively organize construction, strictly implement the "Regulations" construction quality management of the construction units to the construction engineering quality responsibility, found that timely advice design, strict inspection component of building materials equipment, strict process management hidden engineering inspection, repair the quality problems of parts.

2011Years3Month30DayEngineering leadership Office pointed out that the serious lag of construction period caused serious economic losses. Requirements on the termination of the contract accounting exit problem reply. The bidding documents39.1Day of delay to 1/10000 of the total contract price. "Not yet completed the Supreme People's Court on the law applicable to Construction Contract Dispute Cases Interpretation of the" eighth provisions within the period stipulated in the contract, and within a reasonable period of the employer for exhortation is not completed the employer requests to terminate the contract shall support.This law is especially prompt risk.

It is day company that the delay is the main reason for engineering quantity increase, weather, construction channel opening, change the design of data delay, work contact list did not return. It is day, days and the extended time limit for a project should be based on. The agreed time limit delay for project price adjustment is not a contract.

Temporary price project equipment and materials shall be determined by the Tenderer 'quality and price recognition after the procurement and construction. Is the day the company in2009Years12Month14Days to reply without payment.2010Years9Month2Daily report the project leader's office didn't respond. As time extended the time limit for a project engineering postpone reason.

 The reason of laws and regulations policy changes, project cost management mechanism of price adjustment, the design change, the engineering quantity list does not tally with the actual situation of the contract price adjustment, shall submit a written report and valuation basis.

The above legal advice for the principal reference.