According to the "Contract Law of the People's Republic of China", "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China" (II), "An Answer by the Sichuan Higher People's Court on Several Difficult Problems in the Trial of Construction Engineering Contract Disputes" The construction and engineering quantity list pricing specification (GB 50500-2013) and other laws and regulations and the relevant documents of Sichuan Province, combined with the actual situation of the city to develop this guidance.
1. Both parties to the contracting party shall raise the risk awareness and reasonably determine the price risk allocation. In the case of state investment construction projects within the administrative area of the city, the contractor must strictly implement the national “Construction Engineering Quantity List Pricing Specification” (GB 50500-2013) and the province when preparing the bidding documents and signing the contract between the two parties. The relevant documents of the city stipulate the scope or extent of price changes of major materials, and reasonably agree on the risk range of price fluctuations of major materials and the adjustment measures after exceeding the range, reduce pricing disputes and contract disputes, and ensure the smooth implementation of national investment projects.
Second, the company is law-abiding and strengthens industry self-discipline. Enterprises engaged in construction materials such as sand and gravel shall strictly abide by national laws and regulations, operate legally, and prohibit illegal activities such as malicious hoarding and price hikes. Once verified, the relevant administrative department will impose severe punishment according to law. State-owned investment enterprises are encouraged to participate in the production and supply of building materials such as sand and gravel.
3. The national investment construction project that has issued the bidding documents or signed the contract before July 1, 2017, is adjusted according to the following methods:
(1) Where the price-adjustable materials stipulated in the original contract have included bricks, sandstones and semi-finished products and components with sandstone as raw materials, they shall be executed in accordance with the original contract.
(2) For the construction project implemented after July 1, 2017, the price-adjusted materials stipulated in the original contract do not include bricks, sandstones and semi-finished products and components with sandstone as raw materials, and are included in the range of adjustable materials. According to the "Construction Engineering Quantity List Valuation Specification" (GB 50500-2013) "Notice of the Sichuan Provincial Construction Department on Printing and Distributing the Provisions on Standardizing Construction Cost Risk Sharing Behavior" (Chuan Construction Price [2009] No. 75), in accordance with The principle of risk apportionment shall be borne by the contractor for 5% price risk, and the excess shall be borne by the contractor. The specific adjustment method shall be clarified in the supplementary agreement after negotiation by the contracting parties.
(3) Part of the construction project implemented between January 1 and July 1, 2017. The price-adjusted materials agreed in the original contract do not include bricks, sandstones, semi-finished products and accessories with sandstone as raw materials, and support both parties. Actively negotiate to sign a supplementary agreement or resolve the dispute according to the contract, and if necessary, apply to the relevant industry authorities for assistance in mediation.
4. The construction project that issued the bidding documents after July 1, 2017, and the construction project that the contracting parties have submitted to the arbitration or judicial proceedings for material price disputes do not implement this opinion.
5. This opinion shall be implemented as of the date of promulgation and shall be valid for 2 years. Construction projects of other investment nature may be referred to for implementation.
6. This opinion is interpreted by the Chengdu Urban and Rural Construction Committee.