What is the process of returning the performance bond?

Our social life is made up of various construction projects. Therefore, if there are quality problems in construction projects, it will endanger people's lives. Generally, the quality deposit will be withheld. If there is no quality problem, the quality deposit will be returned according to the process. So what is the process of returning the performance bond? Next, I will sort out the process of returning the performance bond for you, hoping to help you.

1. What is the process of returning the performance bond?

When the return conditions are met, Party B shall apply to the Quality Assurance Management Department for return, and attach copies of the following materials: the project completion acceptance certificate, the contract page signed by the site cost engineer of the Contract Department, the payment application, the quality assurance return approval form, the financial statement (the second original) and the copy of the invoice. After the Quality Assurance Management Department signs the opinions and amount of return on the Approval Form for Quality Margin Return, it will be submitted to the Quality Margin Management Department for review, and the amount and form of this return will be finally determined, and the Finance Department will be notified to handle the relevant return procedures.

The specific process is as follows

(a) the construction unit shall apply to the Quality Inspection Section of the Housing and Construction Bureau.

(two) the city property management office signed a refund opinion and stamped it before returning it to the quality supervision department.

1, the property management department sent people to the community to ask the property management company to hang banners in the community.

2. Post a notice at the door of each unit:

(3) If there is no problem during the announcement period, it will be confirmed by the property, signed by the leaders of the property management department and reported to the General Department for review. After no objection, it will be stamped and returned to the Quality Supervision Department of the Housing and Construction Bureau.

(4) If there are any problems reflected, the property management department will instruct the development and construction unit to carry out maintenance after statistical sorting. If the maintenance is qualified, it shall be reported to the property management department for confirmation, signed by the owner and sealed by the property.

Return amount and time:

If there is no clear agreement in the contract, in principle, the quality warranty money should be returned once the quality warranty period expires. However, the following payments/fees shall be deducted upon return:

1, according to the deducted amount specified in the audited notice for deducting the liquidated damages for quality deposit;

2. Various payments made on behalf of Party B during the warranty period;

3. The amount not paid by Party B but determined by the quality warranty management department;

4. Make corresponding compensation for the losses caused by quality defects to the project;

5. Other circumstances that need to be deducted.

Second, what are the measures for the management of construction project quality margin?

(a) in order to standardize the management of construction project quality deposit and implement the maintenance responsibility of the project during the defect liability period, these measures are formulated in accordance with the relevant provisions of the Construction Law of People's Republic of China (PRC), the Measures for Clearing and Standardizing the Deposit in the Field of Engineering Construction, the Provisions on Financial Management of Capital Construction, and the Regulations on Quality Management of Construction Projects of the General Offices of People's Republic of China (PRC) and the State Council.

(2) The term "construction project quality deposit" as mentioned in these Measures refers to the funds agreed by the employer and the contractor in the construction project contract, which are reserved from the project payment payable to ensure the contractor to repair the defects of the construction project during the defect liability period. Defects refer to the fact that the quality of construction projects does not meet the mandatory standards, design documents and contract stipulations. The defect liability period is generally 1 year, and the longest is not more than 2 years, which shall be agreed by both parties in the contract.

(3) The Employer shall specify the contents of the deposit reservation and return in the tender documents, and reach an agreement with the Contractor on the following matters of the deposit in the terms of the contract:

1, deposit reservation and return method;

2. The proportion and term of deposit reserve;

3. Whether the deposit bears interest, and if so, how;

4. Duration and calculation method of defect liability period;

5, deposit reservation, return and engineering maintenance quality, cost and other disputes handling procedures;

6. Defects claims during the defects liability period;

7. Payment method and liability for breach of contract for overdue return of deposit.

(four) during the defect liability period, the government investment projects that are subject to centralized payment by the state treasury shall be managed in accordance with the relevant provisions of centralized payment by the state treasury. Other government investment projects, the deposit can be reserved in the financial sector or the employer. During the defect liability period, if the employer is revoked, the deposit together with the delivered assets shall be handed over to the employer for management, and the employer shall be the employer. If the social investment project adopts the method of reserving the deposit, the developer and the contractor may agree to entrust the deposit to a third-party financial institution for safekeeping.

(five) the implementation of bank guarantee system, the contractor can use bank guarantee instead of the reserved deposit.

(six) before the completion of the project, the performance bond has been paid, and the employer shall not reserve the project quality bond at the same time. If other guarantee methods such as project quality deposit and project quality insurance are adopted, the Employer will not reserve any deposit.

(7) The Employer shall reserve the deposit in the way agreed in the contract, and the total proportion of the reserved deposit shall not be higher than 3% of the total settlement amount of the project price. If it is stipulated in the contract that the contractor replaces the reserved deposit with a bank guarantee, the amount of the guarantee shall not be higher than 3% of the total settlement amount of the project price.

(eight) the defect liability period is calculated from the date of completion and acceptance of the project. If the project cannot be completed and accepted within the specified time limit due to the contractor's reasons, the defect liability period shall be calculated from the date when the project actually passes the completion acceptance. If the project cannot be completed and accepted within the specified time limit due to the reasons of the Employer, the project will automatically enter the defect liability period 90 days after the contractor submits the completion acceptance report.

(9) During the defect liability period, the contractor shall be responsible for the maintenance of the defects caused by the contractor, and bear the appraisal and maintenance expenses. If the contractor does not repair or bear the cost, the employer may deduct it from the deposit or bank guarantee as agreed in the contract. If the cost exceeds the guaranteed amount, the employer may claim compensation from the contractor as agreed in the contract. The contractor shall not be exempted from the liability for compensation for engineering losses after maintenance and bear the corresponding expenses. For the defects caused by other people's reasons, the Employer shall be responsible for organizing the maintenance, and the Contractor shall not bear the expenses, and the Employer shall not deduct the expenses from the deposit.

(10) During the defect liability period, the contractor shall earnestly perform the responsibilities stipulated in the contract, and after the expiration, the contractor shall apply to the employer for refund of the deposit.

(1 1) The Employer shall, within 14 days after receiving the contractor's application for refund of the deposit, check with the contractor according to the contents agreed in the contract. If there is no objection, the Employer shall refund the deposit to the Contractor as agreed. If there is no agreement or unclear agreement on the return period, the Employer shall return the deposit to the Contractor within 14 days after verification. If the deposit is not returned within the time limit, it shall be liable for breach of contract according to law. If the Employer fails to reply within 14 days after receiving the contractor's application for refund of the deposit, and fails to reply within 14 days after the reminder, it shall be deemed as agreeing to the contractor's application for refund of the deposit.

(12) If the Employer and the Contractor have disputes over the deposit reservation and return, and the quality and cost of engineering maintenance, they shall be handled according to the dispute and dispute settlement procedures agreed in the contract.

(13) In the case of general contracting of construction projects, the rights and obligations of the general contractor and subcontractors related to the deposit shall be implemented with reference to the provisions of these Measures on the corresponding rights and obligations of the employer and the contractor.

(fourteen) these Measures shall be interpreted by the Ministry of housing and urban-rural development and the Ministry of Finance.

(15) These Measures shall come into force on July, 2065438 1 day, and the original Measures for the Administration of Quality Margin for Construction Projects (J.Q. [2016] No.295) shall be abolished at the same time.

3. What information is required for the refund of the performance bond for construction projects?

1, return the application form;

2. Completion report;

3. Acceptance report;

4. Original deposit slip;

5. Other project contents (such as warranty) that need to be completed as stipulated in the contract.

The above is the relevant content of the project performance bond return process that I have compiled for you. We learned from it that, in practice, after the warranty period, the employer generally does not voluntarily return the project quality deposit, and the contractor needs to apply for a refund in accordance with the regulations.