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最新工程合同 工程合同违约金赔偿标准18篇(大全)

格式:DOC 上传日期:2023-05-05 13:43:57
最新工程合同 工程合同违约金赔偿标准18篇(大全)
时间:2023-05-05 13:43:57     小编:zdfb

合同是适应私有制的商品经济的客观要求而出现的,是商品交换在法律上的表现形式。合同是适应私有制的商品经济的客观要求而出现的,是商品交换在法律上的表现形式。那么一般合同是怎么起草的呢?下面是我给大家整理的合同范本,欢迎大家阅读分享借鉴,希望对大家能够有所帮助。

工程合同 工程合同违约金赔偿标准篇一

施工单位: (简称乙方)

根据《中华人民共和国合同法》和《中华人民共和国建筑法》的原则,结合本工程具体情况,双方达成如下协议:

顶上雨棚及地面划线。

: 包工包料

: 见报价表中所示。

严格按甲方的要求施工,工程质量必须达同行业验评之合格标准。

伍万伍仟元整

工程竣工之后,根据合同要求,甲方应当在竣工10日内组织验收并签注验收报告,办理结算。未经验收,不得交付使用。若甲方借故推迟验收或擅自使用即视为工程全面合格。

:签订合同后三天内付总工程款的30%的工程款 作为质保金。

一年 ,保修期满十日内,保修金一次性返还给乙方。(保修期内无偿维护)

甲方义务

1、施工现场应具备开工条件,并保证路通、电通、水通等施工进场条件。

2、甲方驻工地代表应当深入施工现场,对乙方的进场材料进行验收,检查各分项工程施工质量,保持与乙方工地负责人的沟通,搞好协作,一旦发现问题,应及时指出并督促整改,在乙方提出书面报验后,及时组织对各分项、分作为材料的订金,完工验收后十日内付总工程款的60% ,余下10%部工程验收。工程驻工地代表为 。

乙方的义务:

1、必须使用符合规定的各种原材料,确保工程质量。

2、施工安全均由乙方负责,甲方不负任何责任,但由于甲方的原因造成的安全责任由甲方负责。

本合同自愿订立,签字生效,若一方违反,应按合同总价款 5% 支付守约方违约金。

甲方(公章):_________ 乙方(公章):_________

法定代表人(签字):_________ 法定代表人(签字):_________

_________年____月____日 _________年____月____日

工程合同 工程合同违约金赔偿标准篇二

一、在部长和副部长领导下开展工作。

二、依照施工合同,检查承包人的人员、机械设备、试验仪器的进场情况;依照监理合同,检查总监办和驻地办的人员、车辆设备、试验仪器的进场情况。

三、负责审查承包人的工程进度计划,及时掌握工程进度动态,当实际进度与计划进度产生偏离时,督促总监办、项目经理部提出调整计划,并加以落实。

四、依照管理权限,审查或批复工程变更、延期、索赔、分包,超出权限的要上报。

五、经常检查承包人、驻地办、总监办主要人员、车辆或机械设备、试验仪器在场情况及是否擅自撤离施工现场。

六、完成领导交办的其它工作。

工程合同 工程合同违约金赔偿标准篇三

委托人:(以下简称甲方)

代建人:(以下简称乙方)

依照《中华人民共和国合同法》、《中华人民共和国建筑法》和有关建设项目管理办法,经委托人研究,同意将 建设项目委托给代建人实施代建管理,按照平等、自愿和诚实信用的原则,就代建管理事项协商一致,订立本合同。

一、项目概况

工程名称:

工程地点:

工程内容:

用地面积:

总投资(估算投资):

工程立项批准文号:

二、工程总建设期

共 个日历天,从 时开始计算。

三、质量标准

合格

四、合同价款

委托人以项目建安工程费(含建安主体、室外总体及其他配套工程费用,不含劳保统筹)、勘察费、考古费、规划设计费、检测费、监理费、咨询费及其他与代建管理相关的费用的 %作为代建人的代建管理费。

五、合同组成的文件

组成本合同的文件包括:

1、双方认可的有关工程的变更、洽商等书面文件或协议修正文件

2、委托代建合同书

3、本合同专用条款

4、本合同通用条款

5、描述代建项目的技术性文件

6、标准、规范及有关技术文件构成本合同的文件若存在歧义或不一致时,则按上述排列次序进行解释。

六、项目进度目标

七、本协议书中的有关词语含义与本合同第二部分《通用合同条款》中分别赋予它们的定义相同。

八、代建人向委托人承诺,按本合同的规定承担本合同专用条款中议定范围内的工程委托代建工作。

九、委托人向代建人承诺,按本合同专用条款中议定的期限、方式和币种,向代建人支付代建管理费。

十、合同生效

合同订立时间: 年 月 日

合同订立地点:

本合同约定双方签字盖章后生效。

甲方(公章):_________ 乙方(公章):_________

法定代表人(签字):_________ 法定代表人(签字):_________

_________年____月____日 _________年____月____日

工程合同 工程合同违约金赔偿标准篇四

(1)合同的概念

合同,又称契约、协议,当事人之间设立、变更、终止民事权利义务关系的协议。合同作为一种民事法律行为,是当事人协商一致的产物,是两个以上的意思表示一致的协议。

1. 广义——泛指发生一定权利义务关系的协议

2. 狭义——专指双方或多方当事人关于设立、变更、终止民事法律关系的协议。 3. 民事法律关系——由三部分组成,权利主体、权利客体、内容。

4. 权利主体——指签订及履行合同的双方或多方当事人,又称民事权利义务主体。 5. 权利客体——指权利主体共同指向的对象,包括物、行为和精神产品。 6. 内容——权利主体的权利和义务。 (2)合同的法律特性

①合同是法律地位平等的当事人意思表示一致的协议。 ②合同以设立、变更或终止债权债务关系为目的。

③合同是一种民事法律行为,即以设立、变更、终止民事权利和民事义务为目的具有法律约束力的合法民事行为。

合同的法律约束主要体现在两个方面:不得擅自变更或者解除合同;违反合同应当承担相应的违约责任。

(3)合同的基本原则 1)平等原则 2)自愿原则 3)公平原则 4)诚实信用原则

5)遵守法律法规和公序良俗原则

(1)计划合同与非计划合同 (2)双无合同与单务合同 (3)承诺合同与实践合同 (4)主合同与从合同 (5)有偿合同与无偿合同 (6)要式合同与不要是合同 (7)格式合同与非格式合同

(1)合同的内容

1)当事人的名称或姓名和住址

2)标的 3)质量和数量 4)价款或酬金 5)履行期限 6)履行地点和方式 7)违约责任 8)解决争议的方法 (2)合同条款 1)合同的主要条款 2)合同的普通条款 (3)合同的形式

合同的形式,又称合同的方式,是当事人合意的表现形式,是合同内容的外部表现,是合同内容的载体。我国《合同法》规定:“当事人签订的合同有:书面形式、口头形式和其他形式”。

7.1.4 合同的履行、变更、转让和终止

(1)合同的履行 1)履行合同的概念

是指合同当事人双方依据合同条款的规定,实现合同各自享有的权利,并承担各自负有的义务。 2)合同履行的原则 ①全面、适当履行原则。 ②诚实信用的原则。

③公平合理、促进合同履行的原则。 (2)合同的变更 1)合同变更的概念

是指合同依法订立后,在尚未履行或者尚未完全履行时,当事人依法经过协商,对合同的内容进行修订或者调整达成协议。

2)合同变更需要满足的条件: ①原合同已经设生效。 ②原合同未履行或未完全履行。

③当事人需要协商一致,即对变更的内容协商一致。 ④当事人对变更合同的内容约定明确。 ⑤遵守法定程序。 (3)合同的转让 1)合同转让的概念

是指当事人一方将其合同权利、合同义务或者合同权利义务,全部或者部分转让给第三人。 2)合同转让的分类

①合同权利的转让,是指不改变合同权利的内容,由责权人将权利转让给第三人。 ②合同义务的转让,是指债务人经债权人同意,将合同的义务全部或者部分转让给第三人。 ③合同权利和义务的概括转让,权利和义务一并装让又称概括转让,是指合同一方当事人将其权利和义务一并转让给第三人,由第三人全部承担这些权利和义务。

3)合同转让的批准或登记 (4)合同的终止

有下列情况的,合同终止: ①债务已经按照约定履行。 ②合同解除 ③债务相互抵消

④债务人依法将标的物提存

⑤债权人免除债务,指债权人放弃自己的债券。

⑥债权和债务同归于一人,指由于某种事实的发生,使一项合同原本由一方当事人享有的债券,而由另一方当事人负担的债务,同归于一方当事人,使得该当事人既是合同的债权人,又是合同的债务人。

⑦法律规定或者当事人约定终止的其他情形。

任务7.2 建设工程施工合同

一、建设工程施工合同的概念

(1)建设工程施工合同是指发包人和承包人为完成商定的建筑安装工程施工任务,为明确双方的权利、义务关系而订立的协议,其核心是发包人提供必要的施工条件,并支付价款,承包人完成建筑产品。

(2)建设工程合同是指在工程建设过程中发包人与承包人依法订立的、明确双方权利义务关系的协议。 (3)建设工程合同是指承包人进行工程建设,发包人支付价款的合同。 二、建设工程施工合同的作用

1. 施工合同明确了在施工阶段承包人和发包人的权利和义务 2. 施工合同是施工阶段实行监理的依据

3. 保护建设工程施工过程中发包人和承包人权益的依据。 三、建设工程合同的特征

1)建设工程合同的标的具有特殊性 2)建设工程合同的当事人具有特定性; 3)建设工程合同具有一定的计划性和程序性; 4)建设工程何荣是要式合同 5)合同履行的长期性

为了便于更好的认识建设工程合同,建设工程合同还可以按其他方式进行分类。 (1)按照工程建设阶段分类 1)建设工程勘察

是指根据建设工程的要求,查明、分析、评价建设场地的地质地理环境特征和岩土工程条件,编制建设工勘察文件的活动。

2)建设工程设计

对建设工程所需的 技术、经济、资源和环境条件等进行综合分析、论证,编制建设工程设计文件的活动。

3)建设工程施工合同

对建设工程进行新建、扩建、改建的活动。 (2)按照承发包方式(范围)分类 1)勘察设计或施工总承包合同

将全部勘察、设计或施工的任务分别发包给一个勘察设计单位或者一个施工单位作为总承包人,经发包人同意,总承包人可将勘察、设计或施工任务的一部分分包给其他符合资质的分包人。

2)单位工程施工承包合同

将专业性强的单位工程发包给不同的承包人,与承包人分别签订土木工程合同、电气与机械工程承包合同等,这些承包人之间为平行关系。

3)工程项目总承包合同

是指建设单位将包括工程设计、施工、材料和设备采购等一系列工作全部发包给一家承包单位,由其进行实质性设计、施工和采购工作,最后向建设单位交付具有使用功能的工程项目。

(3)合同价格形式 1)单价合同

只指合同当事人约定以工程量清单及综合单价进行合同价格计算、调整和确认的建设工程施工合同,在约定的范围内单价不做调整。

2)总价合同

在约定范围内合同总价不做调整。 3)其他形式合同

合同当事人可在专用合同条款中约定其他合同价格形式。 (4)按签约方承包关系 1)总包合同

发包人将工程项目建设全过程或其中某个阶段的全部工作,发包给一个承包单位总包,发包人与总承包人签订合同称为总包合同。

工程合同 工程合同违约金赔偿标准篇五

甲方:

乙方:___________电脑公司

依照中华人民共和国《合同法》等相关法律法规,经双方友好协商达成一致,决定签订本合同,并自愿共同遵守执行。

第一条 合同总则

1、 工程名称:

2、 工程地点:

3、 合同内容:乙方负责向甲方提供本合同所列设备,进行系统工程设计、技术服务、安装调试、维修维护及人员培训。

第二条 合同价款及合同清单

合同总价:人民币 元整(¥ ),该总价已包含与本合同工程有关的设备材料供应,以及系统工程设计、技术服务、安装调试、维修维护、人员培训等费用。

第三条 工程期限

经双方商定,本合同工程为乙方在收到预付款后 日内进场施工,工期初定为 天。

第四条 设备供应及人员配合

1、 全部工程器材根据双方约定时间由乙方一次或几次供应至甲方指定地点(见附件:《设备清单及报价》)。由甲方或甲方委托人员负责签收确认。

2、 施工过程中所需暂用工具(升降机、人字梯),经双方商定由甲方提供。

3、 施工期间甲、乙双方应指定有关人员负责工程施工现场协调。

4、 乙方提供的设备必须严格按照合同所列并保证其质量,工程实施按照国家有关标准执行并保证其质量。

第五条 付款方式

第六条 验收与保修

工程竣工后由双方按验收报告内容组织验收工作。

乙方提供并负责安装的设备(见附件:《设备清单及报价》)免费保修一年。

系统自验收合格之日起壹年内,乙方负责免费维修维护(人为损坏或不可抗拒的灾害除外)。

免费保修期满,双方再商议签订维保合同事宜,乙方负责对系统进行终身维护。

第七条 人员培训

工程竣工后乙方负责对甲方指定人员进行相应系统的技术知识、操作使用、日常维护等方面的培训。

第八条 违约责任

因任何一方违约而使本合同不能正常实施或中断,可能或已经造成不良影响或者损失时,应及时协商解决。协商不成时,依照中华人民共和国《合同法》承担相应的责任。

如因乙方提供的设备、施工质量问题造成甲方人身、财产损失的,乙方有义务赔偿因此给甲方造成的损失。

第九条 未尽事宜与附件

本合同未尽事宜,双方协商解决。

本合同所有附件(含本合同工程实施过程中形成的后续协议等文件)均为本合同不可分割的部分,具有同等法律效力。

第十条 附则

本合同一式贰份,甲乙双方各执一份。

本合同由双方代表签字,加盖公章或合同章生效。

甲方: (盖章)

法定代表人:

(或委托代理人)

xx年 月 日

乙方:_________电脑公司

(盖章)

法定代表人:

(或委托代理人)

xx年 月 日

工程合同 工程合同违约金赔偿标准篇六

发包人(甲方):(全称)

承包人(乙方):(全称)

依照、及其他有关规定,遵循平等、自愿、公平、诚实信用的原则,甲乙双方就本装饰装修工程施工的发包与承包事项经协商一致,签订本合同。

1 工程概况

1.1 工程名称: 。

1.2 工程地点: 。

1.3 工程内容: 。

1.4 承包范围: 。

1.5 承包方式:

□乙方包工、包全部料 □乙方包工、包部分料(见附件)

□乙方只包工

1.6 工程结构: 。

1.7 装饰装修施工面积: 。

2 工程质量

2.1 本工程质量应达到国家、北京或专业的质量检验标准、设计标准或双方约定的其他标准。

2.2 国家、北京或专业标准:《民用建筑工程室内环境污染控制规范》(gb50325-20xx)

、 。

2.3 约定标准: 。

3 工期

3.1 总工期:日(为日历工期,并包括)。

3.2 开工日期: 年 月 日。

3.3 竣工日期: 年 月 日。

3.4 延期开工:乙方不能按期开工的,应提前2日以书面形式通知甲方,如甲方2日内未做出答复的,视为同意延期开工,具体开工日期将另行约定。如甲方不同意延期开工的,则工期不顺延;如因甲方原因需延期开工的,应征得乙方同意,由此造成的损失由甲方承担,并相应顺延工期。

3.5 暂停施工(停工):甲方要求乙方暂停施工的,应在24小时内向乙方提出处理意见,乙方应妥善保护已完工工程。如甲方未能按时提出处理意见的,乙方可继续施工,由此造成的损失由甲方承担。乙方要求复工的,甲方应在12小时内予以答复。甲方未能按时答复的,乙方可自行复工。

3.6 工期顺延

3.6.1 发生以下情况的,工期顺延,乙方不承担责任:

(1)甲方未能按合同约定提供开工条件的。

(2)工程量增加、设计变更的。

(3)甲方未按时验收隐蔽工程的。

(4)甲方未按时供应合同约定的材料和设备的。

(5) 7日内由于非乙方原因停水停电累计8小时以上不能施工的。

(6)甲方未按时支付工程款的。

(7)因甲方或甲方代表坚持错误指令而导致工期延误的。

(8)不可抗力和其他非乙方原因造成停工的。

3.6.2 出现以上情况时,乙方应及时以书面形式通知甲方。因乙方原因导致工期延误的,由乙方承担责任,工期不顺延。

3.7 工期提前

3.7.1 提前竣工的条件应是采取可行的新技术措施,任何违反工艺标准、偷工减料等行为不得作为提前竣工的手段。双方应签订提前竣工协议,且甲方应在3日内批准乙方修订的进度计划及新技术措施,并为赶工提供必要的条件。

3.7.2 提前竣工协议应包含以下内容:

(1)提前的时间。

(2)乙方采取的技术措施。

(3)甲方为实行新技术措施提供的条件。

(4)实行新技术措施增加的费用。

4 设计

4.1 设计图纸及技术文件的提供方式

□由甲方于开工 日前向乙方提供满足施工需要的设计图纸及技术文件。

□由乙方于开工 日前提供满足施工需要的设计图纸及技术文件送甲方审批,甲方应于 日内审批完毕并交还乙方。

□由甲方委托的专业设计公司于开工日前向乙方提供满足施工需要的设计图纸及技术文件。

4.2 设计变更

4.2.1 甲方要求变更设计时,应在该分部或分项工程施工3日前通知乙方。乙方应立即停止对涉及部分的施工及准备活动。

4.2.2 由于设计变更造成乙方材料积压,由甲方负责处理并承担相应损失。

4.2.3 已完工程设计变更造成乙方返工的损失,由甲方承担。

4.2.4 设计变更应由甲方代表办理洽商确认手续,乙方应变更,送甲方批准,同时调整工程价款。

4.2.5 涉及设计变更的,设计图纸提供方应给出变更设计图纸及材料样品,以作计价及施工依据。

5 工程价款

5.1 本工程价款:

□招标工程以中标价为准。(应附)

□非招标工程以审定的工程预(概)算书为准。

5.2 本工程价款总计:人民币 元 ,? 元。

5.3 本工程价款可在出现下列情况时调整:

(1)甲方确认的工程量增减。

(2)甲方确认的设计变更或工程洽商。

(3)符合“3.6.1”约定的其他工期顺延条件之一的。

(4)双方约定的'其他增减或调整。

5.4 工程价款支付

5.4.1 预付款为工程总价的%,支付时间为 。甲方未按约定支付预付款的,乙方可书面通知甲方,如甲方在接到通知后3日内仍不能支付,乙方可延期开工。

5.4.2 工程进度款

5.4.2.1 乙方应在每月 日向甲方提交已完工程量报告及相关质量验收记录,甲方应在3日内会同乙方核实计量并检验工程质量。乙方无故不参加计量及质量验收的,甲方计量视为有效并作为工程款支付依据;甲方逾期未作计量及质量验收的,从第4日起乙方计量视为有效并作为工程款支付依据。

5.4.2.2 工程进度款的拨付应包括洽商款项(如设计变更、工程量增加等)。

5.4.2.3 乙方未经监理同意超出设计图自行增加的工程量和因乙方原因返工增加的工程量不予计量。

5.4.2.4 经乙方书面同意并明确延期付款日期后,甲方可延期付款;甲方延期付款应计算自确认延期5日后起算的应付工程款利息(按同期银行贷款利率计算)。

5.4.3 工程进度款付至工程总价90%时停止支付,10%尾款待工程竣工验收合格后按双方约定的方式结清。

6 材料设备供应

6.1 本工程由甲方供应主要材料设备的,双方约定编制甲方供应材料设备一览表作为本合同附件,一览表中应准确写明材料设备的品种、规格、型号、数量、质量等级、提供时间和地点等。

6.2 本工程由乙方采购材料设备的,应按照设计说明、施工图纸和有关技术资料标准要求进行采购,提供材料设备产品的质量、环保合格证明,并对所购材料设备质量负责。

6.3 甲方提供和乙方采购的材料设备按约定到达指定地点前应通知对方,双方应对材料、设备进行共同验收。甲方供应的材料设备经验收合格后,应移交给乙方管理、使用。

6.4 本工程中的主要材料应由双方选定样品样本。样品样本应经双方验收后封存,作为材料供应和竣工验收的实物标准。

6.5 双方所提供的工程主要材料应符合国家质检总局发布的《室内装饰装修有害物质限量标准》。

7 双方派驻本工程项目的代表

7.1 甲方派驻本工程项目的代表为职务: ,

职称: 。

7.2本工程项目甲方委托 公司依法对工程施工实施监理。

监理工程师: 职务:职称:

注册证书号: 。

7.3 乙方派驻本工程的项目经理为 ,是乙方在本工程项目中的代表。

7.4 双方派驻本工程施工场地的代表,按照本合同约定行使各自派出方的权利,履行派出方的义务。

7.5 甲方代表在授权范围内向乙方项目经理发出的任何书面形式的条件和指令,项目经理应予执行。

8 双方权利

8.1 甲方权利

8.1.1 有权根据工程需要撤换派驻施工场地的代表和监理工程师,但应提前7日书面通知乙方。撤换后代表或监理工程师的权责不变。

8.1.2 有权监督乙方履行各项合同义务。

8.1.3 有权审批乙方编制的施工进度计划。

8.1.4 有权对工程质量、施工进度进行监督,参加材料、设备验收、隐蔽工程验收、竣工验收。

8.2 乙方权利

8.2.1 有权根据工程需要撤换派驻本工程施工场地的代表,但应提前7日书面通知甲方,撤换后代表的权责不变。

8.2.2 有权监督甲方履行各项合同义务。

8.2.3 乙方代表认为甲方代表的指令不合理时,有权在收到甲方代表指令后24小时内向甲方代表提出修改指令的书面报告,如甲方代表坚持执行原指令的决定,乙方代表应予执行,但由于指令错误而发生的费用和给乙方造成的损失由甲方承担。

9 双方义务

9.1 甲方义务

9.1.1 按约定向乙方支付工程款。

9.1.2 办理施工许可证及其他施工所需的审批证件。

9.1.3 组织乙方和设计单位进行图纸会审和技术交底工作。

9.1.4 提供施工场地,并清除影响施工的障碍物及承担乙方在不腾空场地条件下施工的相应措施费用。

9.1.5 提供房屋主体结构,水、电、暖风机电设备的技术资料。

9.1.6 提供施工所需水、电、冬季供暖设备,保证施工期间的需要。

9.1.7 协调施工场地进行交叉作业的各专业施工单位间的关系,保证工程有序进行。

9.1.8 严格执行国家安全生产和环境保护的有关规定。

9.1.9 在原有建筑物中进行装饰装修工程,要保证建筑结构的安全,并不得有下列行为:

(1)随意改动房屋主体和承重结构。

(2)在外墙上开窗、门或扩大原有门窗尺寸,拆除连接阳台门窗的墙体。

(3)增加楼、地面荷载。

(4)破坏地面,层面防水层和拆改热、暖、燃气等管道设施。

(5)强令乙方违章作业施工的其他行为。

凡必须涉及以上所列内容的,应有涉及改动方案的设计图纸,并对安全使用性出具书面说明。

9.2 乙方义务

9.2.1 制定并组织落实施工进度计划。

9.2.2 遵守政府有关主管部门对施工场地交通、施工噪音、环境保护和安全生产等管理规定。

9.2.3 安全施工

9.2.3.1 应按有关规定,严格安全防护和防火措施,并承担由于管理不善造成的人员及财产损失。非乙方责任造成的损失,由相应责任人承担。

9.2.3.2 发生伤亡事故,应在第一时间报有关部门及通知甲方,并按政府有关部门的要求处理。甲方应提供抢救抢险的必要条件,协助处理事故。事故引发的费用由责任方承担。

9.2.3.3 按工程及安全需要提供看守和警卫、维修施工使用的照明、围栏,在动力设备、高压线路、地下管线、易燃易爆、有毒有害地段以及临时交通要道附近施工时,应与甲方协商安全防护措施,经甲方同意后实施,防护费用由甲方承担。

9.2.3.4 在未腾空和继续使用的建筑物内施工的,应制定专用安全和防火措施,以确保建筑物内财产和人身安全。以上措施应报甲方同意,并由甲方承担相应费用。

9.2.4 已竣工工程在未正式交付甲方之前,应负责工程成品保护工作。

9.2.5 负责施工场地的清洁,符合环境卫生管理的有关规定。

10 工程验收

10.1 隐蔽工程验收:具备隐蔽条件的工程部位,乙方应在自检合格后48小时内以书面形式通知甲方代表(监理工程师)验收,验收合格并经甲方代表(监理工程师)在检验纪录上签字后,乙方才可进行隐蔽和继续施工。

10.2 竣工验收

10.2.1 工程具备竣工验收条件的,乙方应按国家竣工验收的有关规定向甲方提供竣工验收报告、竣工资料、竣工图纸。甲方应在收到报告后7日内组织验收,并在验收后28日内书面通知乙方同意或提出修改意见,双方根据修改工程量的多少约定修改期限。乙方应按甲方意见进行修改并承担因自身原因造成的修改费用。

10.2.2 甲方逾期未组织验收或提出修改意见的,视为工程合格同意验收,应办理竣工结算手续。

10.2.3 竣工日期为乙方送交竣工验收报告的日期,需修改后达到竣工验收标准的,竣工日期为修改后提请甲方验收的日期。竣工日期也视为保修起始日期。

10.2.4 工程未经竣工验收或竣工验收未通过的工程,甲方不得使用;如甲方强行使用,则视为竣工验收合格,由此发生的质量责任及其他责任均由甲方自行承担。

10.2.5 因特殊原因部分工程暂时不能竣工的,双方可签订甩项竣工协议处理。

10.2.6 竣工结算:竣工报告经甲方同意后,乙方按国家有关规定或合同约定向甲方递交竣工结算报告及完整的结算资料。甲方自收到报告和结算资料之日起28日内进行审核确认,按合同约定向乙方支付工程尾款,同时甲、乙双方办理工程交接手续。甲方无正当理由逾期未办理竣工结算的,应承担乙方相应的保管费和利息损失。

11 违约责任

11.1 甲、乙方不能按合同约定履行自己的各项义务时应承担相应的违约责任,包括支付违约金、赔偿因违约给对方造成的经济损失。

11.2 甲方不能按时支付工程预付款、工程进度款、竣工结算款的,每延误一日应向乙方支付迟延部分工程款‰的违约金。

11.3 由于乙方责任延误工期的,延误一日乙方应向甲方按已付工程进度款之和的 ‰支付违约金。

11.4 由于乙方责任导致工程质量和室内环境污染控制不达标的工程,乙方对工程质量不合格的部位应进行彻底返工修理,对室内空气质量不达标的应进行全面综合治理,由于以上原因造成工程延期交付的视同延误工期。

11.5 违约方承担违约责任后,除符合以下情况而中止合同外,双方均应继续履行合同,以保持工程的连续性和已施工程的完好:

(1)合同已无法履行。

(2)甲、乙方协议停止施工。

(3)调解要求停止施工。

(4)仲裁要求停止施工。

(5)法院要求停止施工。

12 其他:有关保险、担保、保修等内容,双方可以书面形式另行约定,作为本合同附件。

13 不可抗力:因不可抗力不能履行合同的,根据不可抗力的影响,部分或全部免除责任,但法律另有规定的除外。一方因不可抗力不能履行合同时,应及时通知对方,以减轻可能给对方造成的损失,并应在合理期限内提供证明。

14 争议解决方式:本合同项下发生的争议,由双方当事人协商解决或申请调解解决;协商或调解解决不成的,按下列第种方式解决:

(1)依法向 人民法院提请诉讼。

(2)提交 仲裁委员会仲裁。

15 合同的生效:本合同经甲乙双方签字盖章之日起生效。

16 本合同正本一式两份,甲乙双方各执一份;副本 份,甲方 份,乙方 份。

17 补充约定:

甲方(签章): 乙方(签章):

住所: 住所:

法定代表人: 法定代表人:

联系电话: 联系电话:

委托代理人: 委托代理人:

联系电话: 联系电话:

开户银行: 开户银行:

账号: 账号:

签订时间: 签订时间:

签订地点: 签订地点:

工程合同 工程合同违约金赔偿标准篇七

发包方(甲方):

承包人(乙方):

依照《中华人民共和国合同法》、《中华人民共和国建筑法》及其它有关法律、行政法规,遵循平等、自愿、 和诚实信用的原则,双方就项目绿化工程施工事项协商一致,订立本合同。

一、工程名称:

二、工程地点:

三、工程路段:至 四、工程范围及工程量

1、工程范围为:见施工图及工程量清单

2、工程内容及工程量:人工细平场地;种植苗木、草坪;养护苗木、草坪;合同工程量见《工程量清单》,结算工程量按实际合格面积或数量计算。

3、工程养护:养护费用按月计算。养护费整更换、喷药、施肥等全部养护费用),本项目默认养护时间为3个月,甲方可以根据实际情况调整养护时间。

五、合同工期

合同工期:开工后30天内完成。

具体开工日期由甲方确定,但不应迟于20xx年xx月xx日。若应甲方原因,开工时间迟于约定时间,草坪采购市场价格上涨,且高于6元/m2,甲方应该根据市场价格调整草坪单价,其工程量按实计算。

六、承包方式

乙方负责所承包的工程内容的施工,承包方式为包工、包材料、包x活,不包含各项报建费用。具体场地的机械平整及造型由甲方负责,乙方负责人工细平。

一、双方职责:

(一)、甲方责任及义务:

1、甲方对本工程绿化施工的全过程进行监督;

2、甲方负责乙方的人员住宿、用水、用电。

3、甲方应及时审核乙方的工程量并支付工程款。

(二)、乙方责任及义务:

1、乙方负责苗木草坪种植、养护及木扶架,乙方必须保证质量符合设计及《公路工程质量评定标准》要求。

2、乙方应按约定时间和要求,完成以下工作。

(1)应按甲方提供的要求及时完成。

(2)承担施工安全保卫工作,杜绝重大安全事故发生,由乙方安全措施不力造成事故的责任和发生的费用,由乙方自行承担。

(3)施工场地清洁卫生的要求:符合省、市环境卫生管理的有关规定。

(4)乙方应当按照合同书约定的开工日期开工。乙方不能按时开工,应当不迟于合同书约定的开工日期前3天,以书面形式向甲方提出延期开工的理由和要求。甲方不同意延期要求或乙方未在规定时间内提出延期开工要求,开工日期不予顺延。

(5)乙方承包的工程项目,不得进行分包,按施工计划自觉接受甲方的管理,保证施工的顺利进行。

(6)乙方在施工中应自觉接受甲方的管理,不得拒绝甲方提出的合理整改要求。在施工过程中经检验不能保证工程质量,甲方有权终止本合同,造成返工损失,乙方应予赔偿。合同签订以后,双方应该严格遵守。不经双方协商同意,任何一方不得随意变更或解除。如乙方不经甲方同意,单方解除合同,乙方应赔偿甲方因影响施工计划造成的经济损失;如甲方不经乙方同意,无故解除合同,甲方应赔偿乙方因此而造成的直接经济损失。

一、工程造价

本合同价款采用固定单价合同方式清单报价,苗木单价分不同规格。甲方可以根据现场实际需要,要求乙方在各施工部位采用何种规格,乙方应该严格按照甲方要求施工。经过双方验收合格后按实办理结算。

本工程暂定合同总价为:300000。00元(大写:叁拾万元整)

二、工程款支付方式

开工后甲方先支付乙方合同总价10%的工程款,每月底乙方按照完成合格工程量办理计量手续,甲方根据计量按照70%支付工程款。工程养护期完毕并验收合格后,双方办理结算,结算完毕,甲方累计支付乙方工程至95%,剩余5%保修期满后一次支付。

工程保修期:验收合格后3个月,保修期间乙方负责草坪苗木修整和更换。

一、工程质量等级:合格。

二、乙方按照施工图纸和甲方要求,精心组织施工保证工程质量,如质量不符合标准,必须返工,其工料费损失,由乙方承担;如因不可抗拒的自然灾害,导致无法挽救的损失,由甲方负责。

一、本合同如有未尽事宜,双方应友好协商另行签订补充协议,补充协议与本合同具有同等法律效力。如发生纠纷而协商解决不了时,任何一方均可向工程所在当地人民法院起诉。

二、本合同壹拾肆份,甲方执叁份、乙方执壹份。

三、本合同自甲、乙双方签字盖章之日起生效。双方义务履行完毕后,合同失效。

四、乙方承诺:

1、乙方坚决杜绝乙方人员以任何原因或理由对甲方人员、监理、业主等于工程相关人员,恐吓、威胁、人身攻击等恶劣事件发生;

2、乙方坚决杜绝乙方人员围堵项目部、项目车辆或项目相关人员等恶劣事件发生;

3、乙方坚决杜绝乙方人员与其他班组人员发生打架斗殴恶劣事件发生;

4、乙方若违背承诺,发生上述任何恶劣事件,乙方愿意接受甲方每次壹拾万元以上的罚款,并承担全部责任。

5、乙方承诺有任何争执或争议事件发生,乙方应该先向甲方项目部管理人员及项目经理及时反映汇报协商。如若协商不成,乙方可按照合同约定向法院诉讼。

甲方(公章):_________ 乙方(公章):_________

法定代表人(签字):_________ 法定代表人(签字):_________

_________年____月____日_________年____月____日

工程合同 工程合同违约金赔偿标准篇八

甲方:

乙方:

兹由乙方承建甲方的冷库安装工程,为使工程顺利进行,遵照《中华人民共和国经济合同法》、《建筑安装工程承包合同条例》等法规,结合本工程的具体情况,经双方洽商,特制定本合同如下:

1.工程名称冷库安装工程 本工程为大包工工程 。

2.工程地点:

3.工程合同价: 元整

4.施工时间: 年 月 日开工至年月 日前完工。总工期天。

1.制冷主机、冷风机、蒸发冷凝器、低压循环桶、贮氨器等制冷系统设备安装、电路、电柜等安装。氨冲霜系统、水冲霜系统安装。电路系统安装。库门、风幕安装。

2.制冷系统、水系统、电系统连接。各系统试压、调试、连接。

3.系统联动试机、降温。

1.按国家制冷行业安装规范安装验收。机器运转平稳,管道布局、焊接合理规范,无漏氨、漏水现象。

2.库温达到-5℃以下。

1.合同总价: 元整。

2.工程分段付款:乙方施工人员及安装设备到甲方场地后,甲方先付乙方元,工程进度一半时再付 元,系统试压调试完工后付 元,余款 元作为质保金在 年月 日前支付给乙方。

(1)负责施工现场的三通一平、临时用电。

(2)提供乙方安装工人的住宿。

(1)严格按照国家有关规范、安全文明施工。施工期间发生的一切事故均由乙方自负。

(2)工程未交付使用前,协助甲方做好保护工作。

(3)坚持质量第一的原则,按合同规定的时间完成工程施工任务。

(4)该按装工程所用的工具、设备、机械均由乙方负责。

(5)乙方对其所承包的工程保修期为一年,一年内如出现质量问乙方负责免费维修或更换,并终身维修。

(6)乙方负责免费为甲方培训操作工人2-3名。

(7)甲方冷库正式投入使用时,乙方负责免费派技术人员到甲方指导操作 天,技术人员食宿费用由甲方负责。

(1)本合同双方代表人签字盖章后即生效,至结清工程款项后终止。

(2)本合同一式2份,甲乙双方各执 1份。

(3)本合同未尽事宜,双方本着友好合作的态度,签署书面修改或增补协议,与本合同具有同等的法律效力。

甲方:

电话:

代表人:

乙方:

代表人:

电话:

签订时间 :年 月 日

工程合同 工程合同违约金赔偿标准篇九

发包人(以下简称甲方)__________

承包人(以下简称乙方)__________

经双方协商一致制定本条款,双方务必遵照执行,

本工作项目地块土方的开挖、运弃、平整。

包挖、包运、平整,不得转包。

开挖、运输土方元/m3(石砂)。

按图纸要求尺寸进行开挖,自月日开始施工,在天内完成基地土方的挖、运、填土方均需按图纸要求整平。

1、基地的平面位置、底面尺寸、边坡坡度、标高和持力层等应符合设计图纸的要求,偏差控制在施工规范允许范围内。

2、做好水沟和排水设施。达到位置、尺寸和标高符合设计要求。

3、回填土时,应清除草皮、杂物和排除积水,并应分层夯实,夯实后的密实度应达到设计要求。

4、土方挖完后须经设计、建设(监理)、公司、质监站检查符合要求后,方为合格;否则承担整修、返工费用。

1、开工前、乙方应做好本工种工人的安全思想教育和安全注意事项并做好交底记录。

2、严格按照土方工作项目施工技术操作规程中的安全注意事项进行施工。否则出现安全事故,概由乙负责。

3、遵守工地规章制度,服从现场管理人员的指挥及上级有关部门的监督管理。

4、开挖的土方应按指定的地点堆放。保证施工道路畅通。

5、雨季施工应注意边坡稳定,加强检查工作,必要时可适当放缓边坡或设置支撑挡土板。

6、发现地下水或预埋管道、电缆线等应及时报告工地负责人并做好排水防水和其他措施。

采用现金支付形式,开挖完成经验收合格后的第2天支付清工作项目款,。 ·店面承包合同 ·建房承包合同 ·果园承包合同 ·渔业承包合同

如若发生劳动争议和经济纠纷,双方同意由劳动仲裁部门或人民法院进行调解。

本协议书一经签定双方均应自觉履行合同义务,不得反悔。本协议书一式两份,甲、乙双方各执1份。经双方签字盖章后生效,至工作项目款结清后自然失效。

单位工作项目负责人(甲方):____________承包班组长(乙方):______________

联系电话:联系电话:

工程合同 工程合同违约金赔偿标准篇十

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