Three models of principal-agent contract for engineering projects

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

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 of this project are in place in time and paid to the 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 II

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 "Several Provisions on Management Fee Standards for Construction Agents of Pudong New Area Government Investment Projects" Pu Caicheng (_) 1 1.

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 3

Client (hereinafter referred to as Party A):

Trustee (hereinafter referred to as Party B):

(hereinafter referred to as Party A) signed the "Ladle Cover Maintenance Entrustment Agreement" (hereinafter referred to as the main contract) on. Now Party A entrusts (hereinafter referred to as Party B) to be responsible for the maintenance and construction, and through negotiation, Party A and Party B reach the following agreement:

A, commissioned construction content:

All the contents of the Contract of Ladle Cover Maintenance Entrustment Agreement of Ladle Cover Project in Steel Steelmaking Plant of Laigang.

Two. Responsibilities, rights and obligations of Party A

1. Sign a contract with Party B (including supplementary contracts that may be signed in the future).

2. Set up the project technology department. As the agency of Party A, the technical team leader goes to the construction site to perform Party A's duties and supervise, manage and accept the progress, quality, safety and funds of the project.

3. Organize the functional departments of the company to inspect the project regularly or irregularly, put forward rectification measures for the problems found, and urge Party B to implement them.

4. Review relevant construction reports, statements, project settlement and completion data of maintenance institutions.

5. Do a good job in construction coordination, and strive to create a good construction environment for Party B. However, Party A is not responsible for the slowdown, shutdown and maintenance delay caused by factory or supervision reasons and natural disasters caused by force majeure, and Party B understands and bears the risks that may increase the cost.

6. Pay Party B according to the contract requirements.

7. The seal of the Project Management Department shall be managed by Party B and supervised by Party A. ..

Three. Responsibilities, rights and obligations of Party B

1. When Party B accepts Party A's entrustment to undertake this project, it must fulfill the relevant provisions of the main contract, including the supplementary contract that may be signed in the future, complete all the contracting work in accordance with the provisions of the main contract, undertake all the obligations and responsibilities of the contractor stipulated in the main contract, and be responsible for coordinating the relationship between the factory and the supervision department.

2, responsible for all the construction, warranty and maintenance work. Including (but not limited to) the construction period, construction quality, construction safety, civilized construction, completion data and acceptance, and bear all expenses arising therefrom.

3. Carry out the construction in strict accordance with the requirements of construction laws and regulations or relevant national laws and regulations, as well as the quality and safety management requirements of Party A, and complete the construction tasks according to the requirements of the main contract. If Party B is punished by the owner or the relevant state departments due to improper management, quality, safety, construction period and other problems related to this project, Party B shall bear the responsibilities and be responsible for the economic losses caused thereby. In case of rework due to quality problems during construction and warranty period, Party B shall bear the responsibility and expenses for rework. In case of safety accident, Party B shall bear the responsibility and be responsible for settlement of claims.

4. Be responsible for hiring all post personnel required for the construction except the management personnel sent by Party A, and submit the employment list and corresponding post arrangement to Party A in writing. Party B shall promptly pay the salaries of its employees, the cost of purchasing materials and the cost of renting machinery and equipment. Submit the list of creditor's rights and debts of the previous month and the employee's salary payment form to Party A before 30th of each month. The above forms must be signed and confirmed by Party B, creditors and employees employed by Party B, and Party A has the right to supervise. The creditor's rights and debts between Party B and the third party shall be settled by Party B itself, and Party A shall not bear any responsibility.

5. Without Party A's permission, the project payment shall not be directly collected from the factory. If the manufacturer deducts money, Party B shall notify Party A within 2 days after the incident and submit relevant vouchers. Otherwise, Party A will impose a fine of twice the withholding amount on Party B. 。

6. Party B has the obligation to cooperate with Party A's quality, safety and environmental protection system certification according to Party A's requirements.

7. Party B shall not subcontract or subcontract the project to a third party in any way.

8. Party B shall not use Party A's project seal to guarantee, buy or sell goods and other activities, otherwise, Party A has the right to pursue Party B's relevant legal responsibilities.

Four. Related expenses: this project is settled by fixed monthly settlement, and the total price of this month will not be adjusted. The monthly settlement price of this contract is RMB 65,438+03,000 Yuan only (in words: thirteen thousand Yuan only), including labor costs, equipment costs and transportation and logistics costs.

1. After signing this contract with Party B, Party A shall pay 100% of the contract monthly salary on the 20th of next month, totaling RMB 13000 Yuan only (in words: thirteen thousand Yuan only).

2. All expenses incurred by Party A's personnel for inspection of this project shall be borne by Party B. ..

3. The cost of refractory materials involved in the maintenance period shall be provided by Party B, and Party A shall settle accounts with Party B in the following month.

Special agreement on intransitive verbs

1. If Party A fails to make payment on time as agreed in the contract, it shall pay Party B a late payment fee, and the daily standard shall be 0.5% of the total amount payable.

2. If Party B fails to pass the factory acceptance within the agreed time limit (except that the construction time cannot be arranged due to factory production and other reasons), Party B shall pay liquidated damages to Party A, the amount of which is equal to the liquidated damages agreed by both parties in the contract, accounting for 0.5% of the total monthly settlement.

3. If the project can't be accepted or the contract between Party A and the factory can't be fulfilled due to Party B's reasons, Party B shall return all the money paid by Party A to Party B within 30 days, and bear the corresponding interest (calculated at the annual interest rate of 65,438+00%), and bear all other related losses of Party A. ..

4. Party B shall ensure that the technical performance and safety performance of the equipment and materials provided meet the requirements of the technical agreement. If losses are caused to the factory and Party A due to Party B, they shall be borne by Party B..

5. If Party A violates the engineering contract signed with the factory due to Party B's reasons, and bears the liability for breach of contract, Party B shall compensate all the money and losses paid by Party A for this.

6. In addition to the above provisions, the losses caused by one party's breach of contract to the other party shall be borne by the breaching party.

If there are any matters not covered in this agreement, both parties shall negotiate a supplementary agreement separately.

Seven. This agreement is made in duplicate, one for each party.

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

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

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

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