Mining engineering contract change procedure and pricing method
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2. A contract change is a change or modification of part of the original contract; changes generally require the unanimous consent of both parties.
3. The contract change exists according to the existence of the contract. The contract change shall be a legal act; the contract change shall not have illegal acts, and the contract changed by illegal negotiation shall be invalid and not legally binding.
4. Contract changes are subject to legal procedures and forms. The Contract Law stipulates that the contract may be changed after the parties have reached consensus. In accordance with the requirements of administrative regulations, the change of the contract shall also be continued in accordance with the provisions of laws and administrative regulations.
5. The contract change did not completely cancel the original creditor-debtor relationship. The unfulfilled obligations involved in the contract change did not disappear, and the party who failed to perform the obligation still had to bear the responsibility of not fulfilling the obligation.
(II) Scope of the change of mining engineering contract The change of mining engineering contract refers to the agreement of the parties to the mining engineering construction contract to change the relationship of rights and obligations. The scope of contract changes includes:
1. A change in the amount of work in any contract.
2. Any change in the quality of work or Other characteristics.
3. Changes in elevation, position and size of any part of the project.
4. Increase or decrease part of the work agreed in the contract.
5. Any additional work, permanent equipment, material supply or other service changes necessary for permanent work.
6. Change the original construction sequence or schedule.
7. The rationalization proposal put forward by the contractor during the construction.
8. Other changes.
II. Procedures for the change of mining engineering contract (1) Change of application by the owner (supervising engineer) At any time before the mining project issues the engineering acceptance certificate, the owner (supervising engineer) may issue a change instruction or request any contractor to submit the proposal. One way to propose a change.
(II) Change of the contractor's application The contractor may submit a detailed change request report to the owner (supervising engineer) for any project or work within the contract. However, the contractor may not change it without the approval of the owner (supervising engineer).
III. Valuation method for the change of mining engineering contract (I) Determination method The price or rate of changing the project is often the focus of the negotiation between the two parties. The rates or prices used to calculate the change project can be divided into the following four cases:
1. Change work The unit price of the same work content in the engineering scale, the project cost should be calculated at the unit price. The implementation of the change did not result in substantial changes in the construction organization and construction methods, and the unit price of the project should not be adjusted.
2. Although the unit price or price of similar work is listed in the engineering scale, but it is not applicable to the specific change work, a reasonable new unit price or price should be established based on the original unit price and price.
3. The content of the change work There is no rate and price for similar work in the engineering scale. The new rate or price should be determined according to the principle of the unit price level of the contract. Either party cannot use the price in the engineering scale as an excuse to set the unit price of the change work too high or too low.
4. For a "fixed rate item" that is not a contract, you can adjust the price or rate for the relevant work content, as follows:
(1) The measured quantity of work in this work exceeds 15% of the quantity listed in the engineering scale or other data sheet.
(2) The product of the amount of change in the quantity of the project and its rate or price exceeds 0.01% of the total amount of the contracted price (original contract price).
(3) The unit cost of this work has changed by more than 1% due to the change in the number of jobs.
(2) Determining that the contractor first proposes to change the project price within 14 days after the project change is determined, and adjust the contract price after confirmation by the engineer. Within 14 days after the parties confirm the change, the contractor does not propose to the engineer to change the project price report. It is considered that the change does not involve a change in the contract price. The engineer shall confirm within 14 days from the date of receipt of the report on the change of the project price. If the engineer's reason is not confirmed, the report shall be deemed to have been confirmed after 14 days from the date of delivery of the change project price report. If the engineer disagrees with the change price proposed by the contractor, it shall be handled in accordance with the relevant dispute resolution provisions stipulated in the contract.