Construction Project Design Contract (Civil Building Design Contract For Construction Project))
Project Name:
Project Location:
Contract No.:
Client (Party A):
Designer (Party B):
Signed on:
Supervised by: the Ministry of Construction of P. R. China
State Administration for Industry and Commerce
Party A entrusts Party B to undertake the design for ________ .This Contract is made by the two parties after their mutual agreement, the two Parties hereby sign this Contract as follows：
Article 1.This Contract is made on the basis of the following documents:
1.1.《The Contract Law of the People’s Republic of China》,《The Construction Law of the People’s Republic of China》and 《Management Provisions on Market of Survey and Design for Construction Projects》.
1.2.National and local rules and regulations on the administration of survey and design for construction projects.
1.3. The approval documents of construction project.
Article 2.The design contents: project name, project size, design phases, investment sum, design fee. (as per Fig.1)
Article 3.Relevant documents which shall be issued by Party A to Party B:(as per Fig.2)
Article 4.Design documents which shall be submitted by Party B to Party A (as per Fig.3):
Fig.3
Remarks: In outside pipe network construction documents, the design belonging to Trade monopoly is not included in this Contract.
Article 5. Design fee and the mode of payment: Party A shall pay the design fee of RMB______________ Yuan for this project to Party B (this fee shall include taxes and all other duties that should be paid by Party B as required by the government regulations). The payment method is as per Fig.4.
Remarks:
1. Party A shall pay the design fee of each stage when Party B submits the design document of each stage.
2. Party A shall pay 100% design fee when Party B submits the last part of the working drawings.
3. The design fee is fixed by initial design estimation, if there is a difference between actual design fee and estimated fee, Party B shall return the overcharge and demand payment of the shortage. The balance will be settled at the last payment.
4. After the Contract is executed, the down payment is regarded as a part of the total design fee.
Article 6. Responsibilities of both parties:
6.1 Responsibilities of Party A:
6.1.1. According to the contents stated in Article 3 of this Contract, Party A shall submit to Party B basic materials and documents within specified time and should be responsible for the completeness, correctness and validity of the materials and documents. Party A shall not require Party B to conduct design in violation of relevant national standards.
In case there is a delay of less than 15 days exceeding the specified time limit for the delivery of the above materials and documents by Party A, the time limit for Party B to deliver design documents shall be extended accordingly; in case there is a delay of more than 15 days exceeding the specified time limit for the delivery of the above materials and documents by Party A, Party B shall have the right to re-determine the time for delivery of the design documents.
6.1.2 If Party A alters greatly the design project, scale, conditions which they have already entrusted to Party B, or the materials provided by Party A is wrong/incomplete or Party A makes major alterations to the approved design and the information given, as a result of which, has caused Party B to redo the design work, or has generated un-necessary abortive works, both parties shall enter into negotiation and to draw up a supplementary Contract. Party A shall compensate Party B for the additional work load in accordance to the new agreement.
If Party A has agreed all the design works conducted by Party B before the conclusion of the Contract, it shall pay charges to Party B accordingly.
6.1.3. Party A shall pay charges for design to Party B at the amount and date provided in this Contract. If Party A requests Party B to submit the design documents ahead of the stipulated time as mentioned in the Contract, Party A shall get the prior consent of Party B and should make additional payment for fast and immediate service.
6.1.4.Party A shall provide site office and all relevant office stationary for Party B’s personnel who are being sent to work site during the construction stage.
6.1.5.Party A shall protect the design copyright of Party B. Without Party B’s consent, Party A shall not revise, duplicate or transfer the design to a third party or use the design documents for other projects. If the above-mentioned is happened, Party A shall take the relative legal responsibility and Party B shall have the right to claim.
6.2 Responsibilities of Party B:
6.2.1. Party B shall carry out design work in accordance with technological rules and standards provided in this Contract, submit to Party A the required design documents in right content, time and copies according to the clause of Article 4 and shall be responsible for the quality of the design documents.