202 1 project principal-agent contract

The entrusted audit of engineering projects is a kind of principal-agent relationship with asymmetric information, which has moral hazard problems. So what should we pay attention to when signing the project agency contract? The following is a sample project agency contract that I have compiled for you. Thanks for reading it.

Model contract of project principal-agent 1

Client: (hereinafter referred to as Party A)

Manager: (hereinafter referred to as Party B)

Signing place:

Date of signing:

The entrusting party, Shanghai Institute of Foreign Trade, and the project manager, Shanghai Jianke Construction Supervision Consulting Co., Ltd., signed this contract through consultation.

I. The general situation of the project entrusted by the client to the manager (hereinafter referred to as the "project") is as follows:

Project name: wto research center building and foreign teachers' dormitory

Project location: No.620 Gubei Road

Project scale: the construction area is 8000 square meters.

Total investment: 65,438+256,000 yuan.

Second, the project management service content:

1, Pre-management:

(1) handle the construction project planning permit;

(2) Be responsible for the declaration, approval and issuance procedures of feasibility study reports and design documents at various stages of the project, and handle relevant construction permits;

(3) Cooperate with the school to supervise and coordinate the design, construction and supervision bidding, and provide related services;

(4) Assist the school to coordinate the design work and provide optimization suggestions to make the results meet the requirements of the school;

⑤ Assist the school in qualification examination and capability inspection of construction units and major equipment suppliers;

⑥ Other prophase management work of the project;

2, the whole process of project coordination

(1) Work out the contents and control methods of project management;

(2) Responsible for the collection and analysis of monthly reports, quarterly and annual work reports of investment supervision and engineering supervision;

(3) Responsible for coordinating the work between investment supervision and engineering supervision;

④ Other project management work.

3. Contract management

(1) Responsible for drafting, revising and preliminary examination of construction supervision and consulting contracts;

(2) Be responsible for the preliminary review of contract terms, fees and payment methods;

(3) Responsible for the performance of all contracts and the exercise of relevant obligations and rights;

(4) Responsible for handling contract disputes;

⑤ Responsible for contract management related to this project.

4. Post-management:

(1) is responsible for organizing the project completion acceptance.

(2) Responsible for inspecting and urging the project supervision unit to timely review the completion drawings and materials;

(3) responsible for supporting professional departments, functional departments and property use departments to handle the acceptance procedures;

(4) Be responsible for the final accounts of this project and cooperate with the project audit;

⑤ Responsible for collecting, sorting, compiling and handing over project documents, images and other materials to relevant departments;

⑥ Responsible for the preparation of project specifications;

⑦ Responsible for the registration and cataloging of the fixed assets of the project, and the handover of the list and the physical objects;

⑧ Other related post-management work.

Three. The following documents are an integral part of this contract:

1, project management proposal (tender);

2. Standard conditions of this contract;

3. Special terms and conditions of this contract;

4. Supplementary and revised documents signed by both parties during the implementation.

4. The manager promises to the client to undertake the project management business within the scope agreed in the special terms and conditions of this contract in accordance with the provisions of this contract. Without the written permission of the client, the administrator shall not transfer any rights and obligations under this contract to a third party.

5. The client promises to pay remuneration to the manager in the time limit, manner and currency specified in this contract.

Project management cost of intransitive verbs

1, calculation basis

(1) According to the Ministry of Finance's Several Provisions on Financial Management of Infrastructure Construction and Shanghai Finance Bureau's Supplementary Provisions on Some Financial Issues of Local State-owned Construction Units in Shanghai and other relevant regulations;

② Calculate the management fee of this project with reference to the document number. Pudong New Area Finance Bureau Pu Caicheng (_) 1 1 "Several Provisions on Management Fee Standards for Construction Agents of Government Investment Projects in Pudong New Area".

2. Jian 'an Investment Management Rate

The construction and installation project investment (estimated) is RMB 6,543,800+0,256,000, the management rate is 3%, and the management fee is RMB 376,800: (in words: RMB three hundred and seventy-six thousand eight hundred). If the cost of Jian 'an project is adjusted (up and down by more than 20%), the project management fee and the increase or decrease rate shall be determined by both parties through consultation. However, the maximum project management rate determined by both parties through consultation shall not exceed 3%).

3. Method of payment

① 20% management fee shall be paid in advance within seven days after signing the contract;

(2) The management fee shall be paid in proportion to the monthly workload of the approved project;

③ Payment time: monthly payment;

④ The Client agrees to pay extra work remuneration and extra work remuneration according to the following calculation method, payment time and amount: (remuneration = extra working days (200 yuan/person/day).

7. Any dispute arising from the performance of this contract shall be settled through negotiation. If negotiation fails, it shall be under the jurisdiction of the people's court where the project is located.

This contract shall be implemented from the date of the month to the date of the month.

This contract is made in sextuplicate, with the same legal effect, and each party holds three copies.

Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _

Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Model essay on principal-agent contract of engineering project II

Party A (project contracting and construction unit):

Party B (the entrusted project management unit):

According to the relevant national and local laws, regulations and rules, combined with the specific conditions of this project, through friendly negotiation between Party A and Party B, Party A entrusts Party B with the whole-process project management service for the project mentioned in Article 1, and reaches the following consensus on specific matters.

Article 1 Documents constituting this Contract

Article 2 Project Overview

Project name:

Project location:

Building area:

Project contract amount:

Article 3 Project Management Service Mode

This project is entrusted by Party A to Party B, which implements project management under the leadership of Party A and provides the whole process of construction management and consulting services.

Party B shall send a project management team composed of professional technicians, management personnel and Party A's personnel to plan, organize, control and coordinate the early stage, construction stage and completion acceptance of the project according to the project functional orientation, construction standards, design scheme and construction scale determined by Party A. ..

Article 4 Foundation of project management

Article 5 Management Contents and Responsibilities of Party B

1, early stage of the project.

2. Project construction planning.

3, the preliminary work of the project construction and personnel structure organization.

4. Organization and coordinated management of construction projects.

5. Contract management and process data management (assisting Party A to sign the contract in the process,

Party A has the control right to sign the contract).

6. Project schedule management.

7. Project quality management.

8. Completion acceptance and delivery (if Party A requires itself to be responsible for the later period, the entry can be changed to: Party B trains its own team for Party A).

9. Party B shall submit the financial statements to Party A on time and accept the supervision and review of Party A. ..

Article 6 Party A's responsibilities

1. Funding implementation

Be responsible for the implementation of the construction funds of this project, check and ensure that the project funds, materials and equipment procurement funds, municipal supporting fees and various fees charged by various administrative departments are in place in time according to the contract requirements and project progress, and pay them to all construction and supply contractors and other contract units of this project.

2.

3. Pay the project management fee on time according to the provisions of this contract.

Article 7 Composition of Service Team Party B's personnel are headed by Mr. Wen Zhan (resume attached), and are equipped with personnel with certain practical experience to form a work team. It is clearly listed in the project organization structure that the project management of this project will be carried out, and supplementary adjustments will be made at any time according to the project progress. If Party B's personnel are incompetent, Party A has the right to propose replacement. Due to Party A's reasons or project requirements, the relevant expenses incurred by adjusting and supplementing personnel shall be borne by Party A and Party B respectively.

Article 8 Term of service

From the signing of the project contract to the date of project completion and acceptance. If it is not finished on time, the service time will come.

Article 9 Service Fees and Payment

1. The project management of this project is based on the total amount of meta-projects for the time being, the project management rate is, and the project management fee is ten thousand yuan (in words: ten thousand yuan).

2. During the temporary performance of this contract by Party B, all labor costs, wages and bonuses within the management team of Party B shall be borne by Party B.. The expenses incurred by non-team members have nothing to do with Party B. ..

4. Expenses paid to government management departments and related projects, such as design and construction bidding management fees, construction bidding agency fees, supervision fees, design fees, design scheme compensation fees, meeting fees during design and construction bidding, project completion data compilation fees, supplementary photo printing fees, etc.

5. Party B must abide by professional ethics and shall not obtain project-related income beyond the scope of this contract within the scope of undertaking project management. In particular, it is not allowed to seek income that is not conducive to the interests of Party A through project management.

6. The project management fee of this project shall be settled in RMB and paid in installments according to the progress of the project. The payment amount of each installment is as follows:

7. Increase the workload of Party B due to Party A's reasons. If Party B's workload is greatly increased or decreased due to major changes in the project, adjustment of construction scale or construction standards due to Party A's reasons, both parties shall settle it through friendly negotiation according to the increase of actual workload.

8. If the performance of the project management team is really excellent, and Party B abides by professional ethics wholeheartedly from beginning to end, and provides Party A with "reasonable suggestions" while doing his job well, which will bring additional benefits, Party A and Party B shall give Party B additional performance rewards through friendly negotiation to stimulate the enthusiasm of Party B's management personnel.

8. 1 Rationalization suggestion: Party B uses the company's product resources, technical resources or patents in the project management process to optimize the technical achievements provided by the third party recognized by Party A, which is proved to be feasible by practice without affecting the project use and lowering the engineering standards.

8.2 After the "rationalization proposal" was adopted, the practice proved that the purpose of optimization was achieved. By comparing the calculation of engineering cost and operating cost required by Party A in the original scheme with that required by Party A in the new scheme, the cost saved for Party A was reviewed and recognized by Party A. ..

8.3 Operation mode: After the rationalization proposal is implemented, Party B who puts forward the rationalization proposal will report to Party A, and submit the contents of the rationalization proposal, the documents of its generation and formation process and the calculation of benefits as annexes to Party A.. After approval by Party A, 65,438+05% of the cost savings will be paid to Party B in the form of project management fee.

Article 10 Liability for breach of contract

1. If Party A fails to perform its obligations under this contract, it shall be liable for breach of contract. If the project management fee is not paid within the time limit, a penalty of 0.5 ‰ of the project management fee shall be paid for each day overdue. (The overdue date of the superior appropriation is not counted, that is, the superior appropriation does not affect Party A's obligations to Party B)

2. If Party B fails to perform its obligations under this contract, Party B shall be liable for breach of contract. Be responsible for the actual losses caused by the provisions of Article 2 of this Agreement. If the construction period is delayed, Party B shall extend the service date of the project free of charge.

3. The contract can be terminated unless both parties negotiate to terminate it, or the contract cannot be performed due to one party's breach of contract. After assuming the above liabilities for breach of contract, the breaching party shall continue to perform the contract.

Article 1 1 Force Majeure

After the occurrence of force majeure, Party B shall take prompt measures to reduce losses as much as possible, and notify Party A's representative of the losses within 24 hours, study emergency rescue and repair plans with Party A and the construction unit in time, and calculate losses, cleaning and repair costs. If the disaster continues, Party B shall report the losses to Party A every 7 days until the disaster ends. Party A shall provide necessary conditions for dealing with the victims.

The expenses incurred due to disasters shall be borne by Party A, Party B and the construction party respectively;

Article 12 Others

1. Contract comes into effect

This contract shall come into effect as of the date when authorized representatives of Party A and Party B sign and seal it.

2. Termination of the contract

This contract shall be terminated from the date when the project agreed in the general construction contract is completed or expires, when Party B completes the project management and the project funds of both parties are settled.

3. Unfinished business

For matters not covered in this contract, both parties may separately sign supplementary agreements and annexes, which shall have the same legal effect as this contract after being signed and sealed by both parties.

4. This contract is made in four originals and four copies, two originals and two copies for each party.

Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _

Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Model essay on principal-agent contract of engineering project 3

Client (Party A): Custodian (Party B):

In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, in order to ensure the smooth implementation of the investment construction project, give full play to the investment benefit and strictly control the investment budget, the Entrusting Party and the Escrow Party reach an agreement through consultation, and sign this contract.

I. Overview of the Project

Specific projects implemented in the past 20 years:

Second, the project management node objectives

(1) Primary node completed by the entrusting party

Complete the main key nodes in the early stage.

1 Complete the product positioning decision of the project before February 28th, 20 _, and go through relevant preliminary procedures such as project establishment, land and planning scheme.

2, 20 years ago to complete the project construction bidding, signed a contract and won the bid.

Obtain the construction permit.

(2) The custodian completes the master node.

On February 20th, 2000, the planning scheme was completed and submitted to the entrusting party for approval and confirmation.

Complete the construction drawing design on March 28th, 20_, and submit it to the entrusting party for approval.

/kloc-On March 20th, 0/5, the construction unit completed the mobilization.

From March 15 to May 15, 20_, the foundation of performing arts center reached its peak from May 16 to August 3 1.

September1—June 65438+1October 3 1, the indoor and outdoor civil decoration reached the completion conditions.

20_ year165438+1October-indoor heating, indoor hardcover.

The hardcover will be completed on February 28th.

Three. 20-year investment plan

A total of 65 million yuan.

note:

1. The above capital plan does not include the following contents:

1, indoor hardcover and equipment

2. Outdoor pipe network system

3. Outdoor projects

Two, the above funds must be in place on a monthly basis.

3. Hardcover and equipment funds shall be planned and arranged by the entrusting party.

Chapter II Scope and Content of Entrusted Management

I. Planning and demonstration of the project

Party B shall cooperate with Party A in the functional planning and demonstration of the project, and prepare relevant materials based on the principle of overall planning and phased development of the project, and make planning suggestions and opinions on the project subject to tender.

Second, the project architectural design bidding

Party B shall, according to the functional requirement report approved by Party A, cooperate to complete the bidding of the overall architectural design scheme of the project, assist Party A in selecting the excellent scheme, complete the expert demonstration and government approval of the scheme on the basis of deepening and perfecting the scheme design, and assist Party A in signing the engineering design contract with the winning designer.

Three, for the development and construction of government procedures

Party A entrusts Party B to cooperate with Party A to continue to go through the formalities of government departments such as project establishment, planning, land, construction, municipal utilities, streets, etc. stipulated by the government according to various work conditions, and organize and coordinate the relevant work in the early stage of project development and during the project construction.

IV. Project Coordination and Supervision

Party A entrusts Party B with supervision, control, coordination, management, design, construction, supervision and other aspects, and is responsible for solving and coordinating problems in the work to ensure the full realization of the schedule, technical scheme, quality, safety, cost and other plans.

Five, schedule management

Party B is responsible for making the construction progress plan of the project, including the general control plan for adjusting the development and construction progress of the project, which will take effect after being approved by the owner. Party B shall urge and assist all units involved in the project construction to prepare their own work plans according to the requirements of the master control plan, so as to coordinate with each other and check the implementation of various progress plans.

Six, engineering quality management

Party A entrusts Party B to formulate the quality objectives and working system of the project. After Party A fully defines the quality requirements of the project and the design unit carries out the design, a quality implementation plan will be prepared and submitted to Party A for approval. And supervise and control the project quality management according to the approved quality control plan.

Seven. contract management

Party B shall, on the basis of in-depth analysis and research on the project contents and design documents, put forward suggestions on the division of the contracted scope of subcontracted projects to the owner, and prepare the project contract and submit it to the owner for approval. The formulation of the contract should ensure that: design and construction fully overlap; Clarify the scope of work between contractors; Conducive to the coordination between subcontractors. All kinds of contracts shall be filed by Party A after signing.

Eight, organize the bidding work

On the basis of Party A's approval of the general control plan of the project progress, Party B is responsible for cooperation.

Nine. purchasing management

Party B shall cooperate with Party A to complete the selection and management of important materials and equipment for this project. Party B shall, according to the functional requirements of the project and the construction progress of the project, conduct market research, type selection and supplier negotiation on the materials and equipment needed for the project, prepare a detailed procurement plan and energy and price comparison report, draft a supply contract and submit it to Party A for approval, and then be responsible for supervising and managing the implementation of the supply contract, accepting the materials and equipment according to the contract, and implementing installation, debugging and warranty on behalf of Party A and suppliers. ..

X. Project cost management

Party B is responsible for project cost management. In the process of project implementation, be responsible for organizing the compilation and review of various target budgets, and completing the budget estimates and review of various stages and subdivisional works of the project on time, including handling various design changes, on-site construction technical measures and economic negotiations. Within one year after the completion of the project, the project completion settlement report confirmed by each unit shall be completed and submitted to Party A. If the project is completed and delivered by stages, it shall be completed and submitted on schedule respectively.

XI。 project acceptance

Party B shall cooperate with Party A in project completion, acceptance by the government quality inspection department, interface between various municipal projects and this project, handle all formalities related to acceptance, and be responsible for safeguarding Party A's economic interests and legitimate rights and interests. This project is normally put on record in the quality supervision department, and after the completion and acceptance of all municipal works of this project, Party B will not keep the site.

Twelve. archives administration

Party B shall cooperate with Party A to be responsible for the management of development and construction project files and the filing of the completion data of this project. Party B shall ensure that when the project is qualified, it has a complete set of development and construction project files (originals) with perfect system and reasonable classification and hand them over to Party A. ..

Thirteen. financial management

1. During the construction of this project, Party B shall provide a monthly fund use plan and submit it to Party A for approval, and Party A shall prepare the funds in time and pay them on time.

2. Party A entrusts Party B to prepare a detailed payment audit form on time to pay the contract money and other funds involved in the project construction and development, and submit it to Party A for approval, and Party A will pay directly according to the relevant contract terms or plans.

Chapter III Project Management Organization and Basic Operation Mode

I. Full-time management institutions and their members

After Party B accepts the entrustment of Party A, Party A shall immediately set up a full-time management organization "Gecheng Town Project Management Department in the West of Dabancheng", and Party A shall appoint the project manager and relevant management personnel, and Party A shall be solely responsible for assessing the work performance and performance of this organization and all its members; Party B shall appoint a deputy manager of the project department and relevant professional engineers.

Second, the meeting system and monthly report

The entrusted management of this project should follow the principle of "openness, communication and trust". In order to ensure the effective implementation of this project, Party B shall regularly work out the monthly/weekly work plan and adhere to the system of regular work meetings and special meetings. Minutes of meetings on related topics and monthly/weekly work of regular meetings.

Four. Signing of contract

Within the management scope entrusted by Party A to Party B, all external contracts and internal contracts of this project are reviewed and signed by Party A, and what Party A entrusts to Party B is only contract drafting, contract execution and contract management.

Chapter IV Responsibilities and Obligations of Both Parties

I. Responsibilities and obligations of Party A

1. Determine the product positioning and investment decision of the whole project;

2, responsible for the whole process of project construction management and set up a management team;

3 lead the organization of project planning, design approval, construction drawing design and drawing review;

4. Take the lead in handling all preliminary procedures of the project (such as land acquisition planning approval, construction permit approval, green passage, etc.). );

5. Be responsible for the fund management of project construction, and allocate project funds according to the project progress;

6. Responsible for organizing the procurement management, bidding and contract signing of the main materials and equipment of the whole project;

7. Leading the project acceptance procedures and coordinating relevant functional departments;

8. Complete the final accounts of the project completion;

9, responsible for site tree transplantation, construction water and electricity coordination;

10. Put forward work objectives, tasks and work requirements to Party B;

1 1. Provide all kinds of data and information required for the work specified in this contract;

Two. Responsibilities and obligations of Party B

1, responsible for implementing the project construction management entrusted by the owner and delivering complete and qualified products.

2, responsible for project planning and design, scheme, construction drawing design;

3, cooperate with the owner to complete the project acceptance procedures;

4. Cooperate with the owner's finance to submit the project payment audit form;

5, project budget and final accounts management;

6. Cooperate with the owner to negotiate, bid and sign foreign contracts;

7. Cooperate with the owner to report the project completion data.

Chapter V Management Expenses

I. Entrusted management fee

Party B's development and project management expenses for this project are calculated at 3% of the total project construction expenses (hereinafter referred to as the total management fee), and the total management fee is tentatively set at 654.38 yuan+950,000 yuan. Party A and Party B agree to settle the management fee on time when the total management fee is greater than the above tentative price; When the total management fee is lower than the above tentative price, the management fee shall be settled according to the above tentative price. Project expenses are mainly used for personnel salaries, office expenses, travel expenses and incentive funds in project management.

Second, the management fee payment method

Both parties agree that the payment method is 3% of the construction output value audited every month.

Chapter VI Effectiveness of Contract and Liability for Breach of Contract

1. This contract shall come into effect as of the date of signature.

2. If the project management is delayed due to the client's reasons, the escrow agent shall promptly inform the client of the situation and possible impact, and the client shall take corresponding measures. Due to the Client's failure to take corresponding measures, the Custodian may continue to suspend all or part of the project management business until the termination of this contract. The entrusting party shall be liable for breach of contract.

3. If Party A fails to complete the preliminary procedures according to the main key nodes reached by both parties, the construction period will be postponed according to the actual situation;

4. If Party A fails to allocate the project construction funds as planned, resulting in the delay and shutdown of the construction period, Party A shall bear the liability for breach of contract and related expenses;

5. Party B fails to cooperate with Party A to complete the planning and design scheme and construction drawing design as planned, resulting in the delay of major key nodes, and Party B shall bear the responsibilities and related expenses;

6. If Party B fails to complete the project schedule as planned, Party B shall bear the responsibility.

VII. This contract shall be terminated when the escrow agent and the client complete the project handover procedures and the final accounts of the project completion, and the escrow agent receives the final payment of the project management remuneration.

Chapter VII Others

I. Force majeure

Due to force majeure (such as war, natural disasters, unrest, major changes in national laws, regulations and policies, or major changes in the government's special management measures for this project, etc. ), Party A and Party B shall not hold each other accountable; The validity of this contract will be automatically extended; If the management period is inevitably extended due to force majeure, Party B has no right to request the extended management fee within three months; If the delay exceeds three months (excluding), Party A and Party B shall negotiate the amount of the delayed management fee separately.

Second, confidentiality.

Party B promises not to disclose the technical and commercial secrets related to this project to any individuals or organizations unrelated to this contract within the contract period and within three years after the expiration of this contract.

Three. argue

Disputes arising from the execution of this contract shall be settled through consultation. If no agreement can be reached, it shall be submitted to an arbitration institution for arbitration or bring a lawsuit to a people's court according to the terms of the special contract.

Fourth, modify

Any modification of this contract must be signed by both parties in a written supplementary agreement. ..

Verb (abbreviation for verb) law

This contract is governed by the laws of People's Republic of China (PRC);

This contract shall come into effect after being sealed by the legal representatives of both parties and signed by authorized representatives; The contract is in quadruplicate. Among them, there are two originals and two copies, each party holds one original and one copy, which have the same legal effect.

Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _

Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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