Zhengzhou Construction Engineering Cost Management

Original Language Title: 郑州市建设工程造价管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264155.shtml

Zhengzhou construction engineering cost management

    (April 21, 2010 Zhengzhou municipal people's Government at the 24th Executive meeting by April 30, 2010 Zhengzhou municipal people's Government, the 190th announced as of June 1, 2010) Chapter I General provisions

    First in order to strengthen the management of construction cost, and reasonably determining construction cost, standard cost, maintenance and construction projects the legitimate rights and interests of the parties, in accordance with the People's Republic of China construction, the construction market management in Henan province Ordinance and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article working in the administrative area of the city construction project cost pricing the units and individuals shall comply with this regulation.

    Third construction cost in these rules refers to construction projects from planning to completion and delivery all the construction cost required.

    Valuation of construction engineering cost in these rules refers to pricing in accordance with national and provincial basis and valuation methods preparation of construction project investment estimation, design estimates, construction budgets, bidding or tendering control pricing, bidding, contract construction contract price, preparation of the final accounting, evaluation, audit, determine the construction cost of the activity.

    Fourth of municipal urban construction administrative departments responsible for supervision and management of activities organised by the municipal construction project cost, construction cost of its governing body specifically responsible for the day-to-day management of the construction cost valuation activities, carry out the following functions:

    (A) promote consistency of cost management in construction engineering laws, rules and regulations;

    (B) responsible for managing the duration of quota, quota and fixed various places, preparation of supplementary norm of construction engineering, one-time supplementary quota approved construction project;

    (C) is responsible for collecting, publishing, labor, materials, machinery, as well as costs of market price information, measuring and publishing all kinds of construction and installation cost index, index;

    (Iv) is responsible for the determination of safe and civilized construction measure costs rate of construction projects, and unified management of labor insurance fee;

    (V) is responsible for the supervision and inspection of construction project pricing activities, identification and coordination of construction cost price dispute;

    (Vi) is responsible for the professional qualification of construction engineering cost and construction cost consulting qualification management;

    (VII) computer application software and is responsible for approving construction project cost management software

    (VIII) municipal urban construction administrative departments under the delegation of authority to undertake other matters.

    Counties (cities), shangjie district urban construction administrative departments in charge of the construction project cost management in the administrative area.

    Price of development and reform, finance, audit, and other departments, shall, in accordance with their respective responsibilities, to do a construction project cost management.

    Article fifth construction engineering cost industry associations shall strengthen self-discipline, industry guidance, service, monitoring and coordinating role to play.

    Chapter II valuation basis

    Sixth construction cost valuation basis include:

    (A) the investment estimate indicators;

    (B) the budget fixed, fixed budget, consumption, fixed work, fixed cost, fixed duration, fixed;

    (C) the engineering quantity list valuation standards;

    (D) the construction cost index, index;

    (E) labor, materials, equipment, as well as market information;

    (Vi) State, province, provided other evidence.

    Seventh of municipal urban construction administrative departments to use in this city's construction cost valuation basis to implement unified management, and according to national, provincial regulations, practical needs, and adjust the release.

    Eighth municipal construction project cost management institutions should be in accordance with State regulations, new material, new technology, preparation of the budget for the project norm.

    One-time supplementary norm of construction engineering by the construction unit in conjunction with the construction measure, approved by the municipal construction project cost management; not approved shall not be a settlement on the basis of completion of the building.

    Nineth of municipal institutions shall set up engineering cost of construction project cost management information database, regular evaluation, publishing, construction cost index, index and the cost of labor, material, equipment, as well as market information.

    Tenth construction standard change of other fees and charges by the municipal construction project cost management adjust and be published in accordance with regulations.

    11th construction project of labour insurance premium collection, management and use, in accordance with national and provincial and municipal regulations.

    Chapter III cost of preparation

    12th construction cost should be in accordance with the different stages of construction works respectively of a complete investment estimates, design estimates, construction budget and final account.

    Investment estimation and designing budget and construction budget, quantity, bidding or tendering control pricing, bidding and settlement should be capable of preparing by units or entrust a qualified consulting firms to prepare.

    13th investment estimates should be based on the scale of development and construction, construction standards, equipment selection, project, based on optimization of construction schemes, according to the indicators of investment estimation and prepare the relevant provisions.

    Preparation of investment estimation should consider the preparation period to the date of the price reasonable determination, changes in interest rates, exchange rates and other factors, investment gap should be left.

    14th design estimates should be within the control of the investment estimates, based on the costs of preliminary design budgetary estimate quota and the quota system.

    15th construction drawing budget should be based on the construction drawings and budgets fixed, fixed costs and related pricing rules are compiled.

    Contracted through public bidding of construction engineering, construction cost valuation basis and the Tenderer shall, in accordance with the relevant provisions, under the premise of ensuring engineering quality and reasonable period, scientific and fair manner prepare the tender control; bidders should be based on the valuation of construction project cost basis, quota and market price information, combined with the construction requirements for time and quality, proper preparation of tender offer.

    All State-owned or State-owned investment funds investment of construction engineering, engineering quantity list valuation should be used. 16th construction contract price by the contractor under the construction budget, to ensure project quality and proper project on the basis of the cost price, combined with unit of duration and the quality of the actual market requirements and architecture, negotiated contract price.

    Adjustable scope of construction cost and should be agreed upon in the contract.

    Contracted through public bidding of construction project, the contract price shall be determined according to the price, Contracting Parties shall not enter into other agreements that depart from the substantive content of the bidding documents.

    17th shall use the following methods to determine the contract price: (A) fixed price.

    The contract price or the price agreed in the contract within the scope of the risk can not be adjusted. (B) the price adjustment.

    Lump sum or unit price contract during the contract period, adjusted according to the measures stipulated in the contract.

    (C) the cost plus award fee.

    Construction contract price shall not be lower than the cost price.

    18th Contracting Parties should be involved in the contract settlement agreed the following:

    (A) the project advance and progress payment amounts, payment methods and time frames;

    (B) the construction changes, price adjustment, claim amounts, deadlines, requirements and payment;

    (C) the price dispute resolution methods;

    (D) scope of the risk, or is outside the scope, range of adjustment;

    (E) completion of settlement and payment of the price, time frame;

    (F) the project quality guarantee (warranty) amount of gold, withholding methods and time frames;

    (VII) safe and civilized construction measure fee and accident insurance fee;

    (H) the duration and schedule in advance or delayed punishments;

    (IX) other matters related to the performance of the contract, payment of the price.

    Contracting Parties shall from the date of signing of the contract as required under the contract within the 30th our urban construction administrative departments for the record.

    19th construction project completed after passing the quality acceptance of construction works of the two Contracting Parties shall, in accordance with the following provisions of settlement:

    (A) the Contracting Parties shall agree to submit to the employer within a period of settlement documents;

    (B) the employer shall, after receiving the final settlement documents within an agreed period with a response;

    (C) the employer objects to the settlement documents, presented to the Contracting Parties shall, within the response period, and within the agreed time limit from the date of the proposed consultation with the contractor;

    (D) the contracting parties without consultation with the contractor during the consultation period, or if agreement cannot be reached through consultation, entrust completion settlement audit of engineering cost consulting enterprises;

    (E) the employer shall, in consultation after the expiry of the agreed period, submitted to the contractor certificate of completion settlement audit of engineering cost consulting enterprises.

    Construction preparation of engineering balance of, should be in accordance with national, provincial and approved by the relevant departments, in accordance with the relevant provisions of the State, province. 20th the developer and contractor of engineering cost consulting enterprises after the audit of completion settlement agreement has yet been reached, to urban and rural construction administrative department or project cost management for mediation.

    In case of a dispute, may apply for arbitration or initiate litigation to the people's Court according to law; or you can contract directly apply for arbitration or initiate litigation to the people's Court. 21st Contracting Parties shall in the construction contract within the prescribed time limit, timely project completion final estimate of Qing dynasty, and settlement documents submitted to the competent administrative departments for urban and rural construction.

    Settlement document should serve as a record of completion required files.

    22nd compilation of working drawing budget documents, settlement documents should use the term model, and signed by a qualified professional, unit of the stamp seals.

    The fourth chapter practice business management

    23rd construction project cost consulting enterprises shall obtain a certificate of qualification, and to the extent permitted by their level of qualification in engineering cost consultation activities.

    Construction of engineering cost consulting enterprises apply for a certificate of qualification, after passing by the municipal urban construction administrative departments of first instance, submitted to the provincial or national authorities for approval.

    24th field construction project cost consulting enterprises in the city to undertake construction of engineering cost consulting business, to the place of construction urban construction administrative departments for the record.

    25th construction engineering cost consulting enterprises should establish a sound quality control, statistical reports, and archive management system, accept the supervision and inspection of urban construction administrative departments.

    26th construction engineering cost consulting enterprises to undertake consulting business, should enter into a written contract with the client, in accordance with the regulations issued by the outcome document of the project cost, and with practising seal.

    27th construction project cost management of engineering cost consulting enterprises shall comply with the relevant provisions, and shall not be any of the following acts:

    (A) beyond the level of qualification of business to undertake the project cost advisory business;

    (B) accept the tender and bid or two or more bidders in the same engineering cost consulting business;

    (C) subcontract to undertake the project cost advisory business;

    (D) with the intent to raise and lower project cost, or issue a false report;

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

    (F) the qualification certificate of alter, resell, lease, lend, or otherwise transfer certificate;

    (VII) other behaviors prohibited by laws and regulations.

    28th construction cost professional shall obtain appropriate professional qualification certificate and in accordance with the relevant regulations of the State, province, engaged in construction engineering cost business.

    29th professionals of construction engineering cost and construction cost consulting enterprises shall, in accordance with national and provincial regulations qualifications and qualification extension.

    Article 30th construction professionals in engineering cost cost valuation activities, shall comply with the relevant laws and regulations and abide by the professional ethics, not fraud, shall simultaneously practising in two or more units, permit cost the business in his name, may not disclose the bidding. 31st urban construction administrative departments shall establish a construction cost consulting enterprises and professional cost credit profile.

    Due to complaints, reports or offence subject to administrative penalties, and so on, should be recorded as bad records credit files, and to the public.

    Construction of engineering cost consulting enterprises and professional cost urban construction administrative departments should be provided is true, accurate and complete credit file information.

    Any unit and individual have the right to access to credit records.

    The fifth chapter legal liability

    32nd construction project Contracting Party or contracting parties delegate units with no corresponding qualification of the contravention compile and audit the outcome documents of the construction cost, the urban construction administrative departments shall order correction within; it fails, fined a maximum of 10000 Yuan more than 30000 Yuan.

    Construction cost consulting enterprises in violation of the provisions of article 33rd article 27th, the urban construction administrative departments shall order rectification, given a warning and fined a maximum of 10000 Yuan and more than 30000 are serious, recommends that the issuing authority cancellation of its certificate of qualification or a lower qualification levels.

    Article 34th construction cost professionals, one of the following acts, from urban construction administrative departments a rectification; fails, fined a maximum of 2000 more than 5000 Yuan in serious cases, proposed issuing authority cancellation of certificate:

    (A) in two (two) over construction of engineering cost consulting enterprises practising;

    (B) allow others to cost the business in his name;

    (C) activities in the project cost in fraud, deliberately raise or lower cost.

    35th in violation of the provisions of the Act, accompanied by the financial, auditing, price and other relevant laws and regulations, penalty shall be imposed by the relevant authorities in accordance with relevant laws and regulations.

    Article 36th urban construction administrative department or its cost management institutions for children have one of the following acts, or the supervisory organs shall be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the approved norm, determination of safe and civilized construction measure costs rate dereliction of duty, approved for the wrong opinion, cause economic losses to individuals;

    (B) not in accordance with the authorized or issued by the prescribed formalities, deliberately making the parties, if the circumstances are serious;

    (C) charge fees in violation of regulations;

    (D) the terms used bribes, malpractice.

    The sixth chapter supplementary articles

    37th transportation, water conservancy, electric power engineering cost management in accordance with the relevant provisions of the State. 38th article of the regulations come into force on June 1, 2010. Come into effect on January 1, 1999 of Zhengzhou construction engineering cost management regulations (municipal people's Government, the 70th) repealed simultaneously.