Wuxi City Construction Project Cost Management

Original Language Title: 无锡市建设工程造价管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399273.shtml

Wuxi city construction project cost management

    (May 19, 2014 Wuxi municipal people's Government at the 28th Executive meeting on May 28, 2014, Wuxi municipal people's Government, the 144th promulgated as of September 1, 2014) Chapter I General provisions

    First in order to strengthen the management of construction cost and specifications relating to the construction cost, maintenance projects to participate in the legitimate rights and interests of the parties, according to the People's Republic of China Jiangsu Province, construction law, the building management Ordinance, Jiangsu Province construction engineering cost management methods and other provisions, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city to engage in construction engineering cost activities and the related supervision and management, application of this approach.

Article construction cost mentioned in these measures refers to housing construction and infrastructure works, and its associated works, from preparation to delivery during use, in accordance with the provisions shall be included in the full cost of construction project investment.

Construction cost in these measures include the following:

(A) the investment estimation and designing budget, control of construction drawing budgets, bids, bid quotation, settlement, engineering, accounts preparation, auditing;

(B) the project implementation stage construction cost control, construction establishment and adjustment of the contract price, identification of cost;

(C) for the pricing activities of intermediary services;

    (D) other activities associated with the construction cost.

    Construction cost activities shall conform to article fourth legitimate, the principle of objectivity and fairness, honesty and credibility, and must not harm the social and public interests and the legitimate interests of others.

Fifth of municipal construction Administrative Department is responsible for the monitoring of construction cost management in the administrative areas of Shanghai.

City (County) of construction Administrative Department in accordance with administrative privileges, are responsible for the monitoring of construction cost management in the administrative area, specific work can delegate agencies of construction project cost management.

    Development and reform, finance, auditing and supervision departments according to their respective duties, is responsible for the cost management of construction project related work.

    Sixth encourages and supports construction engineering cost Association establish a self-regulatory mechanism, industry guidance, services and coordination role to play.

    Chapter II determination and control construction cost

The seventh construction projects construction pricing basis as participating parties should be reasonable and effective control of engineering cost of construction arrangement.

Construction engineering valuation basis consists of the following elements:

(A) the estimates for project evaluation indicators, indicators, budgetary estimate quota;

(B) the specification of Bill of quantities;

(C) the price, duration, fixed quota, additional quota;

(D) cost of construction machine-fixed and fixed;

(E) construction cost information;

(F) other related construction engineering valuation basis.

    No unit or individual without changing the construction engineering valuation basis.

    Eighth of municipal construction Administrative Department shall promptly prepare, revise, publish new material, new technology and new structure, the supplementary quota of new technology as well as other relevant pricing regulations, regularly publishes construction cost index, index and the price of labor, material, machine-class information.

Nineth investment estimation of construction projects in feasibility study stage should be prepared.

    Investment duration estimates should be based on the scale of construction projects, construction, standards, features and main equipment selection and valuation basis such as national, provincial investment estimation index, a reasonable forecast construction prices, interest rates, exchange rates determined on the basis of dynamic factors, such as.

Tenth initial design stage preparation of design estimates for construction projects.

    Design estimates should be based on the preliminary design documents, provides national and provincial estimates system, a budgetary estimate quota valuation certificate and the corresponding costs of fixed price basis, in optimizing design schemes based on the price of construction equipment, materials, construction period and determine the dynamic factors such as interest rates, exchange rates and controlled within the range of approved investment estimates.

11th construction project implementation phases should prepare construction budget.

    Construction drawing budget shall be in accordance with the approved shop drawings, construction programme, in accordance with the pricing basis as well as the relevant provisions, combined with marketing material prices, price indices and determines the necessary dynamic factors such as risk factors, and control approved design estimates in the total cost of construction and installation works.

12th valuation based on engineering quantity list should be based on specifications, calculation norms of valuation basis, combined with the bid documents, validated the construction drawings and related technical information, engineering, construction site conditions conditions to prepare; the tender documents shall contain provisions meet the requirements of construction pricing.

    Carrying out engineering Bill pricing of building engineering usually uses the unit price contracts using lump sum contract, quantities should be checked by the contracting parties confirmed.

13th bid to control prices is tender to the highest bidding price of bidding projects qualify.

Tender control shall be prepared according to the valuation provisions and review and comply with the following requirements:

(A) artificial, machine-class prices shall be calculated in accordance with provincial administrative Department of the relevant provisions of the building material prices according to the city, city (County) building construction project cost calculations issued by the administrative departments; construction cost information material that is not in the price, should be subject to market survey, and compared with the average market price.

(B) comprehensive unit price tender documents should be included in the partition should be borne by the bidder's risks and costs.

(C) safe and civilized construction costs as well as fees, taxes and other costs not competition shall, in accordance with the regulations to calculate.

    Tender bid to control prices, as well as the relevant information should be submitted to the city and city (County) of construction Administrative Department for future reference.

    14th public bidding of construction tender prices should be based on the tender documents, project quantity list, price changes, as well as relevant provisions of construction costs that may occur in developed, but may not be safe and civilized construction costs as well as fees, taxes and other costs as competition quotes.

15th final settlement should be based on construction cost of construction contract, under the construction contract, the supplemental agreement, change visa approved by the Contracting Parties, such as documentation and determine and regulated in accordance with the valuation with Bill quantity of construction works (GB50500-2013) (hereinafter referred to as the valuation code) regulations.

    No unit or individual shall not violate pricing rules and contract engineering balance of accounts and auditing.

16th construction projects in construction contracts, the Contracting Parties shall, in accordance with the quantities of the contract clause of the contract, agree to adjustment of the contract price when the following situations occur:

(A) laws, regulations, rules or relevant State policies change the contract price;

(B) construction cost price adjustment information management agencies;

(C) the approved design changes;

(D) the employer changes after being approved by the increased cost of construction organization design;

(E) other circumstances as agreed upon by both parties.

    Construction contract in the process of adjustment of the contract price, the Contracting Parties shall, in accordance with the quantities and the adjustment of the contract price agreed in this contract.

17th the employer or contractor shall a 7th on the date the contract is signed, copies of the contracts submitted to the project location municipal and city (County) of construction administrative departments.

    In the course of performance of the contract, price is agreed upon in the contract, construction period, engineering quality and substantive content changes, change of employer or contractor shall contract or agreement in accordance with the provisions of the preceding paragraph to submit for the record.

    18th actual construction contracts or supplementary agreements with record construction contracts or supplements do not agree on the substantive content of the agreement, should take after a record construction contract or agreement as the basis for engineering balance of accounts and auditing.

    19th construction, construction, supervision, engineering cost consulting units shall faithfully record matters related to construction cost and in accordance with the relevant provisions of construction during the change of visa procedures.

20th settlement document signed by the Contracting Parties confirm that, should serve as the basis for the budget of the project; the employer shall pay the settlement time according to settlement documents.

    Without consent of the parties, the other party has entered into force the completion of the settlement documents to review, the result is invalid.

    21st the employer shall, on the completion date of the completed in the 30th and final accounting documents submitted to the city, city (County) of construction administrative departments. 22nd construction project investment estimation and designing budget and construction budgets, bills of quantities, tendering control pricing, settlement, should have a corresponding unit or entrust a qualified intermediary consulting organizations compile and audit.

    Preparation, auditors should be persons with qualifications for the construction cost of the unit.

    Preparation of design estimates, audit documents article 23rd, the error shall not exceed 5%; compile and audit the construction budget and tenders control file, the error shall not exceed 3%; completion of the audit of accounts, the error shall not exceed 2%.

    24th construction cost should be determined according to the phased construction project reasonable, effective control under the building procedure, investment estimate control of the budget, design estimates for construction drawing budget, construction drawing budget settlement.

    25th construction project accounts shall be prepared in accordance with the relevant accounting provisions.

    26th of all State-owned funds invested or in the construction project of State-owned investment funds (hereinafter referred to as the State-owned capital investment construction project), the engineering quantity list valuation should be used, and is not inconsistent with the mandatory provisions of the quantities.

27th State capital investment construction project investment estimation, design budget upon approval by the project examination and approval Department shall not be allowed to expand the scale of development, increased content, increased building standards; really necessary adjustments as a result of design changes or other causes the unit project cost exceeds the prescribed limits, should be in accordance with the provisions of the relevant approval procedures.

Design of State-owned capital investment construction project after a budget is approved, shall be submitted to municipalities and cities (counties) of construction administrative departments.

    Government finances capital investment projects should accept supervision by the financial sector in accordance with regulations.

    Chapter III administration of construction engineering cost consulting enterprises in China and

28th enterprises engaging in construction engineering cost consultation service (hereinafter referred to as the Advisory business), shall obtain a relevant qualification and level of qualification license within the scope of practice.

    Personnel involved in the construction of engineering cost consulting services (hereinafter employees), shall obtain the corresponding qualification and practicing within the scope specified in the certificate.

29th consulting firms to undertake construction of engineering cost consulting business, should refer to construction projects construction cost consultation contract demonstration text written contracts with clients. Delegate or State funds to undertake investment and construction of engineering cost consulting business, shall, in accordance with the provisions selected consulting firms or undertake a consulting business.

    Specific measures shall be formulated by the municipal construction Administrative Department.

Article 30th consulting company engaged in construction activities of the project cost, shall comply with the following requirements:

(A) carry out consulting business, produce a true, accurate construction cost outcome document;

(B) to undertake registration of consulting projects, establish a pipeline system and file management system, implementation of engineering construction standards, specifications and pricing basis;

(C) provide true, accurate and complete information on practice activities;

    (D) since the date of signing the contract submitted to the city, in the 30th City (County) of construction administrative departments.

31st consulting company engaged in construction engineering cost activities shall not be any of the following acts:

(A) practitioners use this unit to other units engaged in construction engineering cost activities;

(B) in the outcome documents of the construction cost, using non-project practitioners practicing seal or seal;

(Iii) with the intent to lower or raise the construction cost;

(D) issues a false outcome documents of the construction cost;

(E) to give rebates or malicious down charges of unfair competition;

    (Vi) other behaviors prohibited by laws and regulations. Article 32nd Advisory enterprises shall issue a construction cost of results.

    Economic losses caused by their own fault the principal, shall be compensated according to law; otherwise agreed in the contract, their agreement shall prevail.

Article 33rd practitioners engaged in construction project cost activities shall not be any of the following acts:

(A) with the intent to lower or raise the construction cost;

(B) signed the outcome documents of the construction cost of the contravention;

(C) beyond the qualification provided they practice;

    (D) other behaviors prohibited by laws and regulations.

    Article 34th consulting enterprises in the administrative area of the city, outside the city to engage in construction engineering cost consulting business, it should be since the date of signing the contract in the 30th to the municipal construction Administrative Department filing procedures.

    The fourth chapter, supervision and inspection

35th city or cities (counties) construction Administrative Department shall, through record review, special inspections, reports and other means to handle complaints, to supervise the activities of construction engineering cost management, timely correction of acts that violate the provisions of the construction project cost management.

    Municipalities and cities (counties) of construction administrative departments should perform their duties, to simplify procedures, strengthen their administrative guidance to construction cost and service.

36th of municipal construction administrative departments shall establish a Consulting Enterprise in China and credit records, and released to the public.

Consulting company to the municipal construction administrative departments and employees shall provide true, accurate and complete the credit file information.

Consulting firms and practitioners subject to administrative punishment or be handled complaints were verified, should be recorded as bad records credit profile.

    No unit or individual shall have the right to review the consulting firms and practitioners and credit profile.

    37th city, city (s) construction administrative departments shall state funds to invest in projects in the implementation of activities related to construction cost check law violations in the investigation and inform the relevant departments.

    Article 38th contracting matters on construction cost dispute, agreement is not reached through consultation, application submitted to the city, city (County) construction cost disputes mediation mediation, may also apply for arbitration or litigation.

    39th developer or contractor on the construction engineering cost consulting enterprises issued by the disagrees with the outcome, can be used by municipalities and cities (counties) of construction Administrative Department organized experts for identification.

    The fifth chapter legal liability

40th article violates these rules, outcome documents, the construction project cost audit unit has one of the following, by the project is located in the city, municipal (County) construction Administrative Department to give warning, rectification and fined 5000 Yuan and 30,000 yuan fines:

(A) in violation of these regulations the 12th article, is not included in the tender documents in accordance with valuation provisions;

(B) disobey the 13th paragraph, of failing to provide information;

(C) in violation of this article 15th paragraph, is not in accordance with the valuation provisions of the settlement and auditing;

(D) in violation of these regulations article 23rd, error exceeds specified limits;

    (E) violation of these measures article 26th, not the implementation of the mandatory provisions of the quantities.

    41st developer or contractor violates the provisions of article 22nd, city of which the project is located, the city (County) building rectification by the Administrative Department, fined a maximum of up to 5000 Yuan and 30,000 yuan.

    42nd in violation of article 29th of this approach provided in the second paragraph, delegate or undertake investment of State-owned capital construction cost consulting business is not in accordance with the provisions of select consulting firms or undertake a consulting business, engineering, city, seat of the city (County) building rectification by the Administrative Department, fined a maximum of up to 5000 Yuan and 20,000 yuan.

43rd article violates these rules, consulting firm, one of the following circumstances, by municipalities and cities (counties) construction Administrative Department to give warning, rectification, fined a maximum of up to 5000 Yuan and 20,000 Yuan:

(A) contrary to article 31st of this approach (a) to (e) engaging in the activities of the construction cost;

(B) violation of these measures article 34th, failing to filing procedures.

    Unit penalties in accordance with the provisions of the preceding paragraph, you can also directly responsible personnel and persons directly in charge of warning and fined 1000 Yuan fine.

    The 44th article violates these rules, laws, regulations, rules and another penalty from its provisions.

    45th article violates these rules, related departments, agencies, units and their staff in the construction cost activities as well as dereliction of duty, abuse of authority or engages in the process of supervision and management, by their work units or by the competent administrative departments, supervisory bodies be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 46th these measures shall come into force on September 1, 2014.