湖北省建设工程施工合同示范文本

篇一:湖北省建设工程施工合同范本

工程编号: 合同编号:

湖北省建设工程施工合同

工程名称: 工程地点: 发 包 人: 承 包 人:

湖 北 省 建 设 二○○七年九月

目 录

第一部分 协议书

一、工程概况 ·························································································································· 1 二、工程承包范围 ·················································································································· 1 三、合同工期 ·························································································································· 1 四、工程质量 ·························································································································· 1 五、合同价款 ·························································································································· 2 六、组成合同的文件 ·············································································································· 2 七、发包人承诺 ······················································································································ 2 八、承包人承诺 ······················································································································ 2 九、合同生效 ·························································································································· 2 十、合同备案 ·························································································································· 2

第二部分 通用条款

一、总则

1 定义 ···························································································································· 3 2 合同文件及解释 ········································································································ 5 3 语言及适用的法律、标准与规范 ············································································ 5 4 通讯联络 ···················································································································· 6 5 工程分包 ···················································································································· 6 6 现场考察 ···················································································································· 7 7 投标文件的完备性和义务 ························································································ 7 8 文物、化石和地下障碍物 ························································································ 7 9 安全事故处理 ············································································································ 8 10 知识产权 ·················································································································· 8

11 联合体的责任 ·········································································································· 8 12 保障 ·························································································································· 9 13 财产 ·························································································································· 9 二、合同主体

14 发包人 ······················································································································ 9 15 承包人 ······················································································································ 10 16 现场管理人员任命和更换 ······················································································ 12 17 发包人代表 ·············································································································· 12 18 监理工程师 ·············································································································· 13 19 造价工程师 ·············································································································· 14 20 承包人代表 ·············································································································· 14 21 分包人和另行分包 ·································································································· 15 22 承包人雇员 ·············································································································· 15 三、担保、保险与风险

23 工程担保 ·················································································································· 16 24 发包人风险 ·············································································································· 18 25 承包人风险 ·············································································································· 18 26 不可抗力 ·················································································································· 18 27 保险 ·························································································································· 19 四、工期

28 进度计划和报告 ······································································································ 20 29 开工 ·························································································································· 21 30 暂停施工和复工 ······································································································ 21 31 工期延误 ·················································································································· 22 32 加快进度 ·················································································································· 23 33 竣工日期 ·················································································································· 24 34 误期赔偿 ·················································································································· 24 五、质量与安全

35 质量的管理 ·············································································································· 24 36 质量目标 ·················································································································· 24

37 已完工程及设备材料保护 ······················································································ 25 38 安全防护和文明施工 ······························································································ 25 39 放线 ·························································································································· 26 40 钻孔与勘探性开挖 ·································································································· 27 41 发包人供应材料设备 ······························································································ 27 42 承包人采购材料设备 ······························································································ 28 43 材料设备的检验 ······································································································ 29 44 检查和返工 ·············································································································· 30 45 隐蔽工程和中间验收 ······························································································ 30 46 重新检验和额外检验 ······························································································ 31 47 工程试车 ·················································································································· 31 48 竣工资料 ·················································································································· 32 49 竣工验收 ·················································································································· 32 50 质量保修 ·················································································································· 33 六、造价

51 工程计量和计价 ······································································································ 33 52 预留金 ······················································································································ 34 53 零星工作项目费 ······································································································ 34 54 提前竣工奖与误期赔偿费 ······················································································ 35 55 合同价款的约定与调整 ·························································································· 35 56 工程变更 ·················································································································· 36 57 工程变更价款的确定 ······························································································ 37 58 工程价款支付 ·········································································································· 38 59 索赔 ·························································································································· 40 60 竣工结算与结算款 ·································································································· 41 61 质量保证 ·················································································································· 42 七、合同争议、解除与终止

62 合同争议 ·················································································································· 43 63 合同解除 ·················································································································· 45 64 合同解除的支付 ······································································································ 46

65 合同终止 ·················································································································· 47 八、其他

66 税费 ·························································································································· 47 67 保密要求 ·················································································································· 47 68 廉政建设 ·················································································································· 48 69 合同份数 ·················································································································· 48 70 补充条款 ·················································································································· 48

第三部分 专用条款

1 定义 ···································································································································· 49 2 合同文件及解释 ················································································································ 49 3 语言及适用的法律、标准与规范 ···················································································· 49 4 通讯联络 ···························································································································· 49 14 发包人 ······························································································································ 50 15 承包人 ······························································································································ 50 17 发包人代表 ······················································································································ 51 18 监理工程师 ······················································································································ 51 19 造价工程师 ······················································································································ 51 20 承包人代表 ······················································································································ 52 21 分包人 ······························································································································ 52 23 工程担保 ·························································································································· 52 26 不可抗力 ·························································································································· 52 27 保险 ·································································································································· 52 28 进度计划和报告 ·············································································································· 53 36 质量目标 ·························································································································· 53 38 安全防护和文明施工 ······································································································ 53 41 发包人供应材料设备 ······································································································ 53

篇二:湖北省建设工程施工合同范本

工程编号:

合同编号:

湖北省建设工程施工合同

工程名称:

工程地点:

发 包 人:

承 包 人:

施工合同

发包人:(全称)

承包人:(全称)

依照《中华人民共和国合同法》、《中华人民共和国建筑法》、《中华人民共和国招标投标法》及

其他有关法律、法规,遵循平等、自愿、公平和诚实信用原则,双方就本建设工程施工有关事项协

商一致,订立本合同。

一、工程概况

工程名称:

工程地点:

工程规模:

二、工程承包范围

包工包料 (合同签订时注明具体施工内容)

三、合同工期

开工日期:2014 年 月 日 竣工日期:2014年 月 日合同工期总日历天数: 天。

四、工程质量、安全文明施工

4.1 质量目标

工程质量标准: 合格合同质量的奖罚:无工程质量事故,因承包人原因造成的工程质量达不到质量标准的,承包人

承担相应责任。

4.2 安全防护和文明施工

4.2.1人承担相应责任。

4.2.2承包人承担相应责任。

五、合同价款及工程款支付

5.1合同价款与调整

5.1.1 合同价格调整方式

采用固定总价合同,包干价为:

(转载自:www.xiaocaOfaNWen.com 小草 范 文 网:湖北省建设工程施工合同示范文本)

?采用固定单价合同:

合同价为:

合同风险范围如下:

□ 确定合同价款的其它方式

合同价款的计算方式和范围: 。

5.2工程价款支付

5.2.1 发包人向承包人支付工程预付款的具体时间和金额:

5.2.2 双方约定工程进度款支付的具体时间和金额:

5.3 竣工结算与结算款

5.3.1 结算的程序和时限:

双方关于结算时间、程序的其它约定:工程开工前,甲方付款至工程款的90%,工程进度达到

方支付全款。

5.3.2 约定结算特殊要求:

六、发包人工作

发包人向承包人承诺按照本合同约定的期限和方式支付合同价款及其他应当支付的款项,履行

本合同所约定的全部义务。负责提供具备施工条件的施工场地及施工所需的水、电、电讯线器、施

工便道、工程地质情况及地下管线资料、水准点与坐标控制点资料,负责协调施工配合问题(若因

甲方工程相关协调不利,导致乙方发生的损失由甲方承担)、甲方应足额支付乙方工程款、乙方施工

完毕后成品保护由甲方负责。

七、承包人工作

承包人向发包人承诺按照本合同约定施工、竣工,履行本合同所约定的全部义务。

(1)加强现场文明施工管理,施工过程中不得影响环境卫生。

(2)负责本合同范围内工程技术工作,并接受甲方监督和检查。

(3)按时,保质完成本工程,不得损坏已完产品。

(4)由基础问题造成路面缺陷问题,乙方概不负责。

(5)当甲方要求增加工程量时,乙方应尽量满足甲方要求,但视其工程量收取相应费用。

八、联络方式

本通讯地址为双方约定的通讯地址,在合同履行过程中,一方向另一方发出文件或资料,自发出之日起7日,推定对方收到文件或资料。

发 包 人:通讯地址:发包人代表:

联系电话: 邮政编码:

传 真:电子邮箱:开户银行:账 号:承 包 人:

通讯地址:承包人代表:

联系电话:邮政编码:

传 真:电子邮箱: 开户银行: 账 号:

九、合同争议

9.1 双方同意争议解决方式:

向有管辖权的人民法院提起诉讼。

十、合同份数

10.1 合同的份数:,其中发包人

十一、补充条款

本合同中未涉及的条款按湖北省建设工程施工合同中通用条款规定执行

十二、合同生效

本合同订立时间:年 月 日

本合同订立地点:双方约定本合同自 签字盖章生效。

发包人:(公章): 承包人:(公章):

法定代表人:法定代表人:

合同签订地点:

篇三:湖北省建设工程施工合同2007年范本

EF--2007 --0203

工程编号: 合同编号:

湖 北 省 建 设 工 程 施 工 合 同

工程名称:

工程地点:

发 包 人:

承 包人:

湖北省工商行政管理局

监制

湖 北 省 建 设 厅

二00七年九月

目 录

第一部分协议书

一、工程概况?????????????????????????????1

二、工程承包范围???????????????????????????1

三、合同工期?????????????????????????????1

四、工程质量?????????????????????????????1

五、合同价款?????????????????????????????2

六、组成合同的文件??????????????????????????·2

七、发包人承诺????????????????????????????2

八、承包人承诺????????????????????????????2 2 2

第二部分通用条款

一、总则

1定义?????????????????????????????·3 2合同文件及解释????????????????????????··5 3语言及适用的法律、标准与规范??????????????????5 4通讯联络???????????????????????????·6 5工程分包???????????????????????????·6 6现场考察???????????????????????????·7 7投标文件的完备性和义务????????????????????··7 8文物、化石和地下障碍物????????????????????··7 9安全事故处理?.:.???????????????????????··8 10知识产权???????????????????????????811联合体的责任?????????????????????????812保障?????????????????????????????913财产?????????????????????????????9

二、合同主体 ‘

14发包人????????????????????????????9 15承包人????????????????????????????10 16现场管理人员任命和更换??????????·??????? ?12

17发包人代表??????????????????????????12 18监理工程师??????????????????????????13 19造价工程师??????????????????????????14 20承包人代表??????????????????????????14 21分包人和另行分包???????????????????????15 22承包人雇员??????????????????????????15

三、担保、保险与风险

23工程担保???????????????????????????16 24发包人风险??????????????????????????18 25承包人风险??????????????????????????18 26

27四、工期

28进度计划和报告??????????????????????.?2029开工?????????????????????????????2130暂停施工和复工????????????????????????2131工期延误????????????????????????·??2232加快进度???????????????????????????2333竣工日期???????????????????????????2434误期赔偿???????????????????????????24

五、质量与安全

35质量的管理??????????????????????????2436质量目标??????????????????????·????··2437已完工程及设备材料保护????????????????????·2538安全防护和文明施工??????????????????????2539放线?????????????????????????????2640钻孔与勘探性开挖???????????????????????2741发包人供应材料设备??????????????????????2742承包人采购材料设备??????一???????????????2843材料设备的检验??.?????????????????????2944检查和返工??????????????????????????3045隐蔽工程和中间验收??????????????????????3046重新检验和额外检验??????????????????????3147工程试车?????????????????..?????????31

48竣工资料?????????????????.?????????3249竣工验收???????????????????????????3250质量保修???????????????????????????33

六、造价

51工程计量和计价??.???????¨.?????????????3352预留金????????????????????????????34.53零星工作项目费????????????????????????345455

5657工程变更价款的确定??????????????????????3758工程价款支付?????????????????????????3859索赔?????????????????????????????4060竣工结算与结算款???????????????????????4161质量保证???????????????????????????42

七、合同争议、解除与终止

62合同争议???????????????????????????4363合同解除???????????????????????????4564合同解除的支付??????????:?????????????4665合同终止???????????????????????????47

八、其他

66税费?????????????????????????????47 67保密要求???????????????????????????47 68廉政建设???????????????????????????48 69合同份数???????????????????????????48 70补充条款???????????????????????????48 第三部分专用条款

1 定义???????????????????????????????.49 2合同文件及解释??????????????????????????·49 3语言及适用的法律、标准与规范???????????????????.-49 4通讯联络?????????????????????????????·49 14发包人?????????????????????????????··50

15.承包人?????????????????????????????.·50

17发包人代表????????????????????????????51 18监理工程师????????????????????????????51 19造价工程师????????????????????????????5l 20承包人代表????????????????????????????52 21分包人?????????????????????????????..52 23工程担保?????????????????????????????52 26

27 28进度计划和报告??????????????????????????53 36质量目标?????????????????????????????53 38安全防护和文明施工????????????????????????53 41发包人供应材料设备????????????????????????53 45隐蔽工程和中间验收??????????????????????? 53 47工程试车????????????????????????..?? 53 49竣工验收???????????????????????????? 53 51工程计量和计价???...?????????????????????54 54提前竣工奖与误期赔偿费??????????????????????54 55合同价款与调整??????????????????????????55 58工程价款支付???????????????????????????55 60竣工结算与结算款?????????????????????????56 61质量保证?????????????????????????????56 62合同争议?????????????????????????????57 67保密要求?????????????????????????????57 69合同份数?????????????????????????????57 70补充条款?????????????????????·???????58 第四部分附件与格式

附件一工程质量保修书????????????????????????59 附件二发包人供应材料设备一览表???????????????????·61 附件三湖北省房屋建筑和市政工程建设廉洁协议书????????????··62 附件四履约银行保函?????????????????????????64 附件五支付银行保函?????????????????????????65 附件六预付款银行保函????????????????????????66