ATTEN: Manager Liu
ADD: Longhua Development Zone, Jing County, Hengshui City, Hebei Province
2.3 One of the characteristics of construction contract is that the amount of the target is relatively large and the construction period is longer. If the builder falls into the contract trap, the construction project money can not be collected smoothly, causing huge losses to the builder. In addition, the construction industry has absorbed a large number of migrant workers'employment. If the construction money can not be recovered and the wages of workers can not be paid, not only the interests of enterprises will be damaged, but also the risk prevention in the signing of bad social situation will become more and more complex. The legal risk faced by enterprises will become more and more serious, and the legal risk prevention will gradually rise to enterprises. An important part of the daily work of the industry. In the process of signing a contract, the control of legal risk is a very powerful means of risk control for enterprises. Therefore, in the process of signing a contract, we should pay attention to the following three parties: 1. It is a prerequisite for the validity of the contract to do a good job in checking and evaluating the qualifications of the subject of the contract, and the credit status of the subject of the contract is the performance of the contract and the undertaking of the responsibility. The guarantee of ability, therefore, before signing a contract, we should carefully examine the relative party's qualification in terms of subject qualification, performance ability and responsibility ability. Firstly, we should formally examine the subject of the contract. It is very important for the legal person to examine whether it has the ability to sign independently. Before signing a contract, we should deal with it. Customer's comprehensive evaluation includes the nature of the enterprise, the scale of the enterprise, the source of funds, the reputation of the enterprise, the strength of the enterprise, the future benefit of the enterprise, the place of registration, the situation of the enterprise and related companies, etc.
In order to avoid cheating 32 contract clauses and the reciprocal restriction of rights and obligations on the fierce market competition, some company business personnel, in order to undertake performance, conceal or even deceive the company to sign contracts with the contractor, or even to sum up. Contract signed by contractor. Many clauses in such contracts are demanding and liable for breach of contract is serious. Once the contract cannot be fulfilled, the company will suffer tremendous damage or even ruin. Therefore, in the terms of the contract, the rights and obligations of both parties should be clearly stipulated. For example, after the signing of the contract, some contractors delay in paying the advance payment or providing incomplete technical information, which leads to the failure of the contractor to deepen the drawings and procurement materials, thus causing the project to be in a standstill state. At this time, the contractor is in a standstill state. The completion time is shortened day by day. This situation is due to the delay caused by the contractor, but if there is no specific agreement on this situation in the contract, the contractor will try its best to impose the liability for breach of contract on the contractor, which may cause losses to the contractor.
Therefore, when signing a contract, we must pay attention to reasonably stipulating the benefits and obligations of the contractor and the contractor, such as the conditions for the duration of the contract, the ratio of one set of words in advance, and the number of times included in the book: (1) If the director of Xiao Wang Yous of the Contractor fails to complete the inspection, the contractor is required to authorize the principal in this contract in 3.2.1 of the report to authorize the principal. In this case, it is very important to confirm the legitimacy of the identity of the agent. The validity of the agent's identity is related to the validity of the contract. Therefore, when signing the contract, the identity information of the authorized principals, the scope and validity of the rights of the two parties should be clearly defined, and when signing the important contracts, the situation that there may be an agreement in the future should be foreseen, rather than blindly optimistic about the content. The author understands that in an economic dispute of principal, the contract stipulates that the contractor should pay 3_of liquidated damages, i.e. 9,000 yuan per day, without delay of payment for one day, while in actual performance of 10,000 yuan, the contractor should fully consider all kinds of unfavorable factors when signing this clause, and take into account the profitability of the project, in the interests of mutual benefit and mutual benefit with the contractor. Principle formulation of liability for breach of contract, to prevent the occurrence of breach of contract, need to bear their own unacceptable breach of contract 3.24 supplement. At present, the market is generally used in the "construction contract for construction projects" (GF-1999-0201 final Supplementary Clauses blank pages that should be well utilized, the general clauses and special clauses. There is no expression or unclear expression.