To promote the development of whole-process engineering consulting services and safeguard the lawful rights and interests of the parties to whole-process engineering consulting service contracts, the Ministry of Housing and Urban-Rural Development and the State Administration for Market Regulation, in accordance with the Civil Code of the People's Republic of China, the Construction Law of the People's Republic of China, the Bidding Law of the People's Republic of China and relevant laws and regulations, formulated the Model Contract for Whole-Process Engineering Consulting Services for Building Construction and Municipal Infrastructure Projects, which was issued and distributed recently.
The Model Contract for Whole-Process Engineering Consulting Services for Building Construction and Municipal Infrastructure Projects consists of three parts: the contract agreement, the general conditions of contract and the special conditions of contract.
Among them, the contract agreement contains a total of 9 clauses, with specific provisions including: project overview, service content, client's representative and consulting project general manager, contract price, service period, composition of contract documents, commitments, interpretation of terms, and conclusion and effectiveness of the contract, which clarify the basic contractual rights and obligations of the contracting parties.
The general conditions of contract contain a total of 13 clauses, with specific provisions including: general stipulations, the client, the consultant, consulting service requirements and deliverables, schedule, delay and suspension, service fees and payment, changes and adjustment of service fees, intellectual property, insurance, force majeure, liability for breach of contract, termination of contract, and dispute resolution. The contract clauses take into account both the relevant requirements of current laws and regulations on whole-process engineering consulting service activities and the actual needs of the contracting parties, while also accommodating the common practices of various engineering consulting services. The general conditions of contract are the principled provisions made by the contracting parties, in accordance with the Civil Code of the People's Republic of China, the Construction Law of the People's Republic of China, the Bidding Law of the People's Republic of China and relevant laws and regulations, regarding the provision of whole-process engineering consulting services and related matters, setting out the rights and obligations of the contracting parties.
The special conditions of contract contain a total of 13 clauses, with specific provisions including: general stipulations, the client, the consultant, consulting service requirements and deliverables, schedule, delay and suspension, service fees and payment, changes and adjustment of service fees, intellectual property, insurance, force majeure, liability for breach of contract, termination of contract, and dispute resolution.
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