完整工程施工合同-英文版

Translation:
Construction Contract
Party A：（Developer)
Party B: (Contractor）
This contract is signed by the two Parties Party A and Party B according to the Contract Law of the People’s Republic of China， the Contraction law of the People’s Republic of China ， and other relevant national laws and regulations， as well as the specific na ture of this project. On the basis of honesty and credit, equality，voluntariness, party
A and party
B have reached consensus through negotiations and signed this contract.
1.Project Introduction
1。

1 Name of Project:
1.2 Location of Project: From to 。

1.3 Scope and content of the project: .
1。

4 The design of construction drawings：.
2.Nature of Contracting：Contract for labor and materials 。

3.Construction period
This project will take 20 days after the receive of the beginning notice from Party A （including reception time after completion），and including the beginning date and completion date。

4.Quality of Project
Quality of Project: qualified 。

5.Contract Amount
5.1 Contract Amount: be RMB 400，000 Yuan tentatively (The actual settlement shall prevail）.
5。

2 Adjustment of contract amount: .
6.Final Audit of the project
6.1 The condition and steps for Party A pay the project funds to Party B:
Party A agrees to pay Party B for RMB150，000Yuan three days after the beginning of the project,the balance will be paid 97% after the qualified completion, and 3％warranty guarantee fee will be paid one years if there is no quality problem。

6.2 Mode of payment: .
6。

3 Party B shall submit to Party A equivalent invoice before Party A’s each period payment, otherwise，Party A can refuse to pay until the receiving of the Party B’s invoice.
6.4 The invoice provided by Party B should be valid. Any falls invoice provided by Party B which are found by relevant office, the Party B should not only provide the valid invoice to Party A, but also bear the responsible caused by the invalid invoice.
7.Variation of design and visa
7。

1During the process of the project， any contract list，technology checking list （not include the variation， addition， substitution, and reduction on the drawings and project fee）concerning about this project shall only be regarded as effective with the confirmation of the representative Party A in writing.
7。

2 Any variation notice list，technology checking list, contract list, technology checking list ( include the drawings design) concerning about this project shall only be regarded as effective with the confirmation of the seal of Party A。

7。

3In the event of Party B fails to complete the project according to the drawing variation， Party B shall pay to Party Aas penalty for the breach。

Party B will also bear the responsible and the reworking fee caused by the continued working regardless of the new design. 7。

4Party B shall take full responsibility for any loss caused by delaying for more than days applying for extension vise from Party A days after the receiving of changed design.
8。

Acceptance and Final Audit of the project
8.1 Acceptance of the project
8。

1.1This project should meet the national quality acceptance standards and should be a ccepted at the first inspection after completion。

The Quality Acceptance Criteria of Construction of nation must be regarded as the acceptance standards for the project. Party B shall inform Party A in writing of all kinds of inspection and acceptance withi n 3 days.
Party A shall arrange inspection and acceptance within 3 working days after
receiving the notification.
8.1。

2Party B shall be responsible for the re—inspection cost， and the project period shall not be extended.
8。

2 Final Audit of the project
If the result of re—inspection has passed acceptance standards, Party B shall submit the audit report and materials to Party A for verification within 7 days. (the materials include )。

9.Obligations of Party A and Party B
9.1。

Obligations of Party A：9.1。

1.Party A appoints as the on—site representative to supervise the fulfillment o
f contract obligations， to oversee the quality control and check the project progress
， and to handle issues such as acceptance and variations and withdraw the representative at any time.
9.1。

2. Days before beginning of the project, Party A shall provide Party B .
9.1.3. Party A shall confirm the variation and suggestion days after providing to design drawings and scheme to Party B。

9.1.4。

Party A shall be responsible for coordinating the relationship with the engining。

9.2。

Obligations of Party B
9.2.1.Party B appoints WangZhirong as the on—site representative of Party B to take charge of fulfilling the contract obligations。

The on—site representative of Party B s hall organize the construction according to contract requirements so that the project ca n be completed according to the quality and quantity requirements and on a timely ma nner。

9.2.2。

Party B shall observe safety
policies of on—site management by the state and Guangxi ，Nanning government authorities and shall independently and fully assumes responsible for the loss caused by violation。

9。

2。

3Party B shall observe policies of on—site management by the state and local govern ment authorities as well as Party A’s rules and regulations; Party B shall compensate f or the losses to any facilities, equipment or pipelines both inside and outside of the co nstruction yard caused by party B.
9.2。

4.During construction, Party B should make such adjustment to the construction plan and the progress schedule per Party A’s instruction and change—orders。

9.2。

5。

Party B should transfer the construction site within days after the qualified completion。

10.Agreement on Safety
Party B must strictly adhere to the Safety and Technical Standards of Construction an d Infrastructure Installation and regulation of China，Guangxi Zhuang Autonomous Region, Nanning Safety Standards and other relevant regulations and standards。

the construction spot should meet all standards of the People's Republic of China。

And bearing the safety fees which are not caused by party A.
11.The concerning material supply
11.1. Party A or Party B should be responsible for the material ,equipments,which should meet the qualified design request with qualification guarantee books.
11。

2。

Any material，equipment which is bought by the Party B, if not agree with the quality request or specification contain difference,should forbid any usage。

the Party B should rebuy the equipment and bear the responsibility to make sure no delay on the project.if Party B refuses to change the materials, Party A has the right to terminate the contract and asks for loss from Party B.
11。

3 Any material,equipment which is bought by the Party A, if not agree with the quality request or specification contain difference，should forbid any usage。

the Party A should rebuy the equipment and bear the responsibility to make sure no delay on the project。

12.Warranty
12.1。

Warranty scope: as state in the contract.
12.2。

Warranty period: 1 year after the qualified completion.
12。

3During the warranty period, Party B shall fix within 2 days after receiving the notice from Party A。

In the event of Party B fails to fix the defects on a timely manner, Party A has the right to hire a third Party to do the repair, and any costs incurred shall be burdened by Party B。

12.4。

Mode of notices：phone，fax，e—mail, and so on。

12。

4.1 in the way of call the phone or faxing: Party B 's TEL: ，Fax: . These contact ways will be regarded as the evidence of warranty notice to Party B after the calling and faxing。

12。

4.2。

in the way of posting：Party B ’s address：. These contact ways will be regarded as the evidence of warranty notice to Party B after e—mailing。

12。

4。

3。

in the way of e-mailing：Party B ’s e-mail: 。

These contact ways will be regarded as the evidence of warranty notice to Party B after e-mailing。

12.4.4。

The fees of noticing Party B will be borne by Party B。

12。

5. Project quality retention fee(tip: the blue words will be suite for under the condition of withing the Project quality retention fee)
12。

5。

1Project quality retention fee：, which will be deduce from the project funds of Party B。

12.5。

2 After the expire date, Party A will return the rest of the quality retention fees without interest to Party B. This will be applied by Party B within ten days after the completion of qualified project。

13. Liabilities for Breach
13.1。

In the event of Party A fails to make payment according to the payment terms，Party A should pay a late fee to Party B; Daily rate of the late fee is ％ of the payment。

If the delay of the payment is caused by Party A and is delayed for more th an days， then Party B can terminate this contract.
13。

2In the event of Party B fails to complete the project according to the construction per iod in the contract, Party B shall pay ％ of the tota l contract amount for each day overdue as penalty for the breach。

Daily rate of the la te fee is ％ of the payment.
13。

3。

Party A can terminate this contract and Party B shall take full responsibility for any lo ss caused by this when one of these condition takes place.
13.3.1 Overdue over days.
13.3.2Party B transfers the contract and any part of the contract and its corresponding to any third party without Party A's consent in writing。

13.3.3。

Be ordered to shut down by the administrative organ caused by Party B over days。

13。

3.4。

Safety and quality accidents。

13.3.5. The materials provided by Party B differs from the QA
certificate and the Report of Quality Assurance Test。

And Party B can not make change on these material。

13.4.Party B should make salary/wages payment to all construction staffs in time on a monthly basis， and will be fully responsible for any liabilities caused by any loss or damage to Party A as a result of Party B's failure to pay salaries and wages according t o the requirements. In the event of migrant workers create a disturbance on group site，Party A’s premises，office space, Party B should paid penal sum Yuan each time。

13。

5.In the event any
Party shall fail to complete the work in time owing to reasons that the contractor shall be held liable, the Party shall pay a penalty for RMB Yuan, and bear all be loss of the other Party.
13.6。

penal sums and other penalty fees that Party B should to Party A ，Party A can take out the same amount of money directly from the project fees。

(including quality retention fee).
14.Other provisions
14.1 Party A and Party B will deal with each party’s property and life insurance and assume their insurance costs respectively。

14。

2。

Both Parties shall timely discuss each other for the settlement of any dispute arising during the execution of this Contract。

In case that such discussion fails, any Party can appeal to local people's court.
14.3。

Supplementary agreement could be made between the two parties in case that any additional clause shall be added。

The supplementary agreement shall have the same effect and power as this Contract.
14.4。

This Contract shall come into force beginning from the date when both parties have stamped it with official Seal (or special stamp for contract）and signed it。

14。

5This contract will be printed and signed in 4 copies and Party A shall hold 3 copies. Party B shall hold 1 copies. And all have the same power and effect。

15.Attachments:
Party A: Party B:
Legal Representative: Legal Representative：
Address：Accounting Bank:
Tel：Bank Account No.：
Date: 2013—07—28 Address:
Tel：
Date：2013—07-28。