《民法典》之建设工程合同（英文）
2022-04-01 10:08阅读：
Chapter XVIII Contracts for
Construction
Project
Article 788
A contract for construction project is a contract under which
a contractor carries out the construction of a project and the
contract-offering party pays the price in return.
Contracts for construction project consist of contracts for
project prospecting, designing, and construction.
Article 789
A contract for construction project shall be made in
writing.
Article 790
Bidding for a construction project shall be carried out in an
open, fair, and impartial manner in accordance with the provisions
of the relevant laws.
Article 791
A contract-offering party may conclude a contract for construction
project with a general contractor, or conclude separate contracts
for prospecting, designing, and construction with the prospecting,
designing, and construction parties respectively. A
contract-offering party may not break up one construction project
that should be completed by one contractor into several parts and
offer them to several contractors.
A general contractor or a prospecting, designing or
construction contractor may,
upon consent by the
contract-offering party, entrust part of
the contracted work with a third person. The third person shall
assume joint and several liability with the general contractor or
the prospecting, engineering, or
construction contractor to the contract-offering party on the
work product of the third person. A
contractor may not delegate the whole of the contracted
construction project to a third person or break up
the contracted construction
project into several parts and delegate them separately to third
persons in the name of subcontracting.
A contractor is prohibited from subcontracting the contracted
project to any entity without the corresponding qualifications. A
subcontractor is prohibited from re-subcontracting the contracted
project. The main structure of the construction project must be
completed by the contractor
itself.
Article 792
Contracts for major construction projects of the State shall
be concluded in accordance with the procedures set forth by the
State and such documents as investment plans and feasibility study
reports approved by the State.
Article 793
Where a contract for construction project is invalid but the
construction project has passed the inspection for acceptance, the
contractor may be compensated with reference to the project price
agreed in the contract and based on the appraised price of the
construction project.
Where a contract for construction project is invalid and the
construction project fails to pass the inspection for acceptance,
it shall be dealt with in accordance with the following
provisions:
(1) where the construction project after
being repaired has passed the inspection for acceptance, the
contract-offering party may request the contractor to bear the
repairing costs; or
(2) where the construction project after
being repaired still fails to pass the inspection for acceptance,
the contractor has no right to request for payment with reference
to the project price agreed in the contract or based on the
appraised price of the
construction project.
Where a contract-offering party is at fault for the loss
caused by the substandard of the construction project, he shall
bear corresponding liabilities.
Article 794
A prospecting or designing contract generally contains
clauses specifying the time limit for submission of documents
relating to the basic materials and budget, quality requirements,
expenses and other cooperative conditions, and the
like.
Article 795
A construction contract generally contains clauses specifying
the project scope, the period for construction, the time of
commencement and completion of the project to be delivered in
midcourse, project quality, costs, delivery time of technical
materials, the responsibility for the supply of materials and
equipment, fund allocation and settlement, project inspection and
acceptance upon its completion, range and period of quality
warranty, cooperation, and the like.
Article 796
For any construction project to which a superintendence
system is applied, the
contract-offering party shall
conclude an entrustment contract of
superintendence in writing with the entrusted superintendent.
The rights and obligations as well as the legal liabilities of the
contract-offering party and the superintendent shall be defined in
accordance with the provisions on entrustment contracts of this
Book as well as the relevant provisions of other laws and
administrative
regulations.
Article 797
The contract-offering party may, without disturbing the
normal operation of the contractor, inspect the progress and
quality of the work at any time.
Article 798
Prior to the concealment of a concealed project, the
contractor shall notify the contract-offering party to inspect it.
If the contract-offering party fails to conduct an inspection in a
timely manner, the contractor may extend the period for the
completion of the project accordingly, and may request compensation
for losses caused by the work stoppage, the workers' forced
idleness, and the
like.
Article 799
Upon completion of a construction project, the
contract-offering party shall promptly undertake the inspection for
acceptance in accordance with the construction drawings and
descriptions, as well as the rules of inspection and acceptance of
construction projects and the standards for quality inspection
issued by the State. Where the project passes the inspection for
acceptance, the contract-offering party shall pay the agreed price
and take over the construction project.
A construction project may be delivered and put into use only
after it has passed the inspection for acceptance upon completion.
Without being inspected or failing to pass the inspection, the
construction project may not be delivered or put into
use.
Article 800
Where losses are caused to a contract-offering party due to
the fact that the prospecting or designing does not conform to the
quality requirements or that the prospecting or designing documents
are not submitted as scheduled, so that the period for construction
is delayed, the prospecting or designing party shall continue on
perfecting the prospecting or designing, reduce or waive the
prospecting or designing fees, and make compensation for the
losses.
Article 801
Where the quality of a construction project fails to conform
to the contract due to a reason attributable to the constructor,
the contract-offering party has the right to request the
constructor to repair, rework, or reconstruct the project without
further charge within a reasonable period of time. If delivery is
delayed because of the repair, reworking, reconstruction, the
constructor shall bear default liability.
Article 802
Where a construction project causes personal injury and
property damage due to a reason attributable to the contractor
within a reasonable period of use of the project, the contractor
shall bear the liability for
compensation.
Article 803
Where a contract-offering party fails to provide raw
materials, equipments, premises, funds, or technical materials at
the agreed time and pursuant to the agreed requirements, the
contractor may extend the period of construction accordingly and
has the right to request compensation for the losses caused by work
stoppage, and workers' forced idleness, and the like.
Article 804
If a construction project is stopped or
suspended in midcourse due to a reason attributable to the
contract-offering party,
the contract-offering party shall take
measures to make up for the loss or mitigate the
loss, and compensate the contractor for any
losses caused and actual expenses incurred by work stoppage,
workers' forced idleness, back transportation, transfer of
machinery equipment, the backlog of materials and structural
components, and the like.
Article 805
Where a contract-offering party alters his plan, provides
inaccurate materials, or fails to provide necessary working
conditions for prospecting or designing as scheduled, thus causing
the redoing or stoppage of the prospecting or designing work, or
the revision of the design, the contract-offering party shall pay
additional fees according to the amount of work actually undertaken
by the prospecting or designing party.
Article 806
Where a contractor delegates or illegally subcontracts the
construction project to others, the contract-offering party may
rescind the contract.
Where the main construction materials, construction
components and accessories, and equipment provided by the
contract-offering party fail to conform to the mandatory standard,
or the contract-offering party fails to perform his obligations to
provide assistance, so that the contractor cannot undertake the
construction work, if the contract-offering party still fails to
perform the corresponding obligations within a reasonable period of
time after being demanded, the contractor may rescind the
contract.
Where, after the contract is rescinded, the quality of the
completed construction project is found to be up to standard, the
contract-offering party shall make corresponding payment for the
construction project in accordance with the agreement. If the
quality of the completed construction project is found to be
substandard, the provisions of Article 793 of this Code shall be
applied mutatis mutandis.
Article 807
Where a contract-offering party fails to pay the price in
accordance with the agreement, the contractor may demand the
contract-offering party to make the payment within a reasonable
period of time. Where the contract-offering party still fails to
pay the price upon expiration of the said period, the contractor
may negotiate with the contract-offering party to appraise the
construction project to satisfy the obligation, or request the
people's court to sell the project through auction in
accordance with
law, unless the construction project is by its
nature unsuitable for appraisal or auction. The payment for the
construction of the project shall be
satisfied, in priority, from the proceeds
obtained from the appraisal or
auction of the said
project.
Article 808
For matters not provided in this Chapter, the relevant
provisions on work contracts shall be applied.
