Chapter 51 According to the principle of equivalent conditions in construction contracts
Zhang Yunqing came out of Hua Baibai's office and went to Zhou Zhiyan and said: "Zhiyan, I just talked to Mr. Hua. The two conditions proposed by Legal Affairs Sun are that the first one cannot change the place where the contract is signed, and the second one is to add restrictions.
I need to communicate with her about the matter. I am not familiar with her, so please take me to her to discuss these two issues."
Zhou Zhiyan replied: "Okay, please come with me."
After Zhang Yunqing and Zhou Zhiyan arrived at Legal Sun Xiaoxuan's office, Zhou Zhiyan introduced to Sun Xiaoxuan: "Gong Sun, this is a new employee from the Commerce Department of our fifth business department. Zhang Yunqing has something to communicate with you. Since he is not familiar with it, so
Let me bring him to you."
Sun Xiaoxuan said: "Both of you, please sit down. Hello, Mr. Zhang. What are you talking to me about?"
Zhang Yunqing replied: "Zhiyan, I sent you a construction contract approval form signed with Ruizhi Group. You asked two questions. The first question is about changing the place where the contract was signed. Mr. Hua and I
After communicating with each other, we all agreed that we should not mention it because it goes against the rules of the engineering industry."
Sun Xiaoxuan replied: "Ours is a construction contract. Later, I also checked the relevant legal terms again. The best place for the contract to be signed is the location of the project. It's okay not to mention it."
Zhang Yunqing said: "Thank you for your support, Mr. Sun. The second question is about adding a restriction on the penalty for delay in construction period. Zhiyan said that what you suggested is that the total fine should not exceed 1% of the contract amount."
Sun Xiaoxuan asked: "Is there anything wrong with this?"
Zhang Yunqing explained: "The so-called upper limit of fines is because in this project, if the construction period is delayed, it will seriously damage the interests of the construction party, so the construction unit will be very concerned about the problem that the construction period cannot be extended. If it is delayed, it will take high fines."
Measures to impose fines. According to them, if our construction unit does a good job and does not delay the construction period, there will be no fines at all."
Sun Xiaoxuan replied: "With regard to the issue of penalty for delay in construction period, first of all, there is no reciprocity in terms. We are fined 50,000 yuan for one day's delay. If conditions are equal, we can be rewarded 50,000 yuan a day in advance. But sometimes the delay in construction period is simply not the case between the two parties.
It is clear who is responsible, so from this point of view, there must be a limit on the total amount of fines in the contract."
Zhang Yunqing replied: "I understand that there is a necessary restriction on the total amount of fines, but it is really difficult to reach an agreement on 1% of the total contract amount. The reason why I am communicating with you is also to ask what percentage this clause is generally.
.”
Sun Xiaoxuan said: "There is no fixed number for this ratio. The smaller it is, the better for us, but the less likely the construction side will agree. It is still recommended to communicate with the construction side at 1%, and then decide on this percentage based on the form."
Zhang Yunqing said: "Then I will call Manager Cui from the construction company now to discuss these two matters. I will put the phone on hold and everyone will listen to what she has to say."
Sun Xiaoxuan said: "Okay."
Zhang Yunqing called Cui Kai of Ruizhi Group and said, "Manager Cui, is it convenient for you to speak now? Regarding the construction contract, there are two issues that need to be discussed with you."
Cui Kai's voice came from the receiver: "It's convenient. Mr. Zhang, please speak."
Zhang Yunqing spoke to the phone: "Manager Cui, during the review process of our construction contract, colleagues from the legal department raised some questions. I am in the legal department now and I am talking to you on the speakerphone."
Cui Kai said on the phone: "Okay. What questions did your legal affairs ask?"
Zhang Yunqing replied: "The first question is, I want to change the place where the contract was signed to Kyoto, because we signed the official seal in Kyoto, which is also true. What do you think?"
Kai on the phone said: "Our contract has been reviewed by many colleagues in the company's legal department. This idea of changing the contract signing location is really not a good idea. The reason you mentioned is not very valid. If
If you insist on saying that, we can ask you to bring the official seal to our company, and then both parties will stamp the contract in person. What do you think?"
Zhang Yunqing chuckled and said: "If you don't agree to change this, forget it, Manager Cui. Regarding the issue of fines during the construction period, our construction unit will be fined for delays. If I do a good job and am lucky, should I finish the project ahead of schedule?
There is a reciprocal reward of 50,000 yuan per day."
Cui Kai laughed and said: "I just told you to put forward this reciprocal condition. When discussing the terms, the company said that it would rather give you a reward for advancing the construction date than allow for a delay in the construction date. If it occurs, it must be
Heavy fines. So the reciprocal reward you proposed, a reward of 50,000 yuan per day for each advance of the construction period, is okay."
Zhang Yunqing said: "Thank you, Manager Cui, for your support. Another point is that there is no upper limit on this delay penalty. In case there is a delay in the construction period that is not your fault nor ours, or there are errors on both sides."
If there is a delay, or if it is not clear who is responsible for the delay, then there should be an upper limit on the total amount of fines. Our legal opinion is that the total amount of fines cannot exceed 1% of the contract amount."
Cui Kai said: "The total amount of fines does not exceed 1% of the contract amount, which is equivalent to no punishment at all. This cannot pass the review within our company. Our company has also discussed this, and everyone's more pertinent opinion is,
The penalty for delay in construction is ≤ 10% of the contract amount. Those who put forward 20% or 30% of the opinions, I have already rejected them for you. You must also support them."
Zhang Yunqing said gratefully: "Thank you Manager Cui for handling these issues fairly. I will ask the leadership for instructions on this 10% issue and then get back to you."
Cui Kai continued on the other end of the phone: "Mr. Zhang, according to the principle of reciprocal conditions in the construction contract, there is another condition that needs to be added. The advance reward for the construction period is ≤ 10% of the contract amount."
Zhang Yunqing replied: "I understand, I understand, thank you Manager Cui for reminding me."
Cui Kai urged: "Then you should discuss it quickly and call me back as soon as possible. Bye."
Zhang Yunqing asked the legal affairs department for his opinion: "Worker Sun, you have listened to the opinion of Manager Cui of the construction party. Do you have any different opinions?"
Sun Xiaoxuan thought for a while and replied: "I think what he said is reasonable and I have no objection."
Zhang Yunqing took Sun Xiaoxuan and Cui Kai's opinions to Hua Baibai and reported them clearly.
Hua Baiyuan went to the business department Song Zhiyuan for instructions: "Mr. Song, on the construction contract signed with Ruizhi Group, with the advice of the legal affairs department, a new agreement has been reached with the construction party:
1. Increase the construction period in advance and reward 50,000 yuan per day.
2. Penalty for period delay ≤ 10% of the contract amount.
3. Advance reward for construction period ≤ 10% of the contract amount.”
Song Zhiyuan said: "I agree. Please hurry up on the contract."