民用建筑設(shè)計合同英文版

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 Peoples Republic of China,The Construction Law of the Peoples 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) Fig. 1Project NameProject SizeDesign Phases& ContentsFloor NumbersBuilding Area（m2）SchemeInitial DesignFinal3846 approx.PlanSection Plan ElevationSectionRenderingBuilding Structure DiagramPower Distribution DiagramWater Supply&Drainage DiagramArticle 3.Relevant documents which shall be issued by Party A to Party B:(as per Fig.2) Fig.2S/NName of DocumentsCopiesSubmission DateRemarks1Design Instructions12Plan of Property Line1Electronic Version Attached3Soil Investigation Report14Design Information of Utilities (water, electricity, & gas supply etc.)15Government Approval Documents1Electronic Version AttachedArticle 4. Design documents which shall be submitted by Party B to Party A (as per Fig.3):Fig.3S/NDesign DocumentsCopiesSubmission DateRemarks1Schematic Design Documents1Within 15 Working Days2D.D. Documents1Within 20 Working Days3Working Drawings1Within 30 Working DaysRemarks: 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. Fig.4S/N% of Total Design FeeAmount(Yuan)Payment Time(in accordance with the submission date of the design documents)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 Bs 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 Bs 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.6.2.2. The design life of the construction project shall be 50 years.6.2.3. Upon delivery of the design documents, Party B shall attend the approval meetings held by Party A and the relevant competent authorities and shall be responsible for making the necessary adjustments, revisions and supplements which does not exceed the scope of the documents of design requirements as originally defined based on the comments of such meetings.6.2.4. Party B is not allowed to disclose and transfer any product drawing, technical and economic data which are provided by Party A to a third party. In case that the above-mentioned is happened, Party B shall take the relative legal responsibility and Party A shall have the right to claim.6.2.5. Party B is not allowed to subcontract the design work completely or partially to any third party without the permission of Party A.Article 7.Default Responsibility:7.1. During the performance of the Contract, if Party A requires to terminate or cancel the Contract before Party B starts the design work, Party B will not return the down payment already paid by Party A; if Party B has started the design work, Party A shall pay for the actual workload already done by Party B. When the actual workload of the design is less than half of the work at the stage, Party A shall pay half of the payment for the design work at the stage. When the actual workload of the design is more than half of the work at the stage, Party A shall pay all the payment for the design work at the stage.7.2. Party A shall pay charges for design to Party B at the amount and date provided in this Contract. For each day of overdue payment, 2 of the overdue payment shall be paid by Party A and the time for delivery by Party B shall be extended accordingly. Where the delay of payment has exceeded 30 days, Party B shall have the right to suspend the performance of the work at the next stage and give written notice to Party A. In case the higher authority or competent department of design approval would not approve the design documents or the engineering construction of this Contract is suspended or stopped, Party A shall pay the due design fee to Party B7.3. Party B shall be responsible for correcting any omission or mistake in their design documents before the construction. If the design mistake made by Party B has caused losses to Party A, Party B shall not only be responsible for taking the remedial measures, but also shall deduct the design fee for the part of such losses and shall pay compensation to Party A according to the degree of such loss. The amount of the compensation shall be discussed and determined by the Parties as 100% _of the actual loss.7.4. If it is Party Bs own fault to have delayed the submission of the design documents according to the stipulated time as described in Article 4, Party B shall deduct 2 of the due amount of the design fee on a daily basis for the delay period.7.5. After the Contract comes into force, Party B may require termination or cancellation of the Contract and shall return the down payment in double.Article 8. Other provisions:8.1. When Party A requires Party B to send site personnel to the construction site for a long period, the two parties shall negotiate for these additional works and sign a supplementary service contract.8.2. Party A shall pay for all the relevant publications and standard collections of drawings issued by the state and local government which are needed by Party B for the purpose of designing the project. If Party B is requested to submit design documents, of which, the number of copies are more than those stipulated in Article 4 of this Contract, Party A shall pay for those additional copies.8.3. In the projects of the Contract, Party B shall not appoint manufacturers or designers of construction materials and equipments. Where there is a necessity that Party B shall cooperate with Party A in ordering the construction materials and equipments, the relevant fee shall be paid by Party A.8.4. If Party A entrusts Party B to undertake work and services which are beyond this Contract, Party A shall pay additional fee.8.5. When this Contract can not be executed because of the unforeseeable natural forces, the two parties shall timely negotiate to solve the problem.8.6. If any dispute arises during the execution of this Contract, it shall be settled by friendly consultation, In case that such consultation fails, it shall be submitted to the Beijing Arbitration Committee or brought to the Peoples Court.8.7. This Contract shall be made in 6 copies. Party A shall hold 3 copies. Party B shall hold 3 copies.8.8. This Contract is prepared in both Chinese and English languages, in the event of conflicts in any of the provisions between the two versions; provisions specified in the Chinese language version shall take precedence. 8.9. This Contract shall come into force when Party A has paid the down payment to Party B and both parties have stamped and signed it.8.10. This Contract