Changchun Construction Engineering Cost Management Methods

Original Language Title: 长春市建设工程造价管理办法

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(April 29, 2007, Changchun City people's Government, the 59th Executive meeting on June 15, 2007 Changchun Municipal People's Government promulgated as of July 15, 2007, 23rd) first to strengthen the cost management of construction projects, construction project cost pricing, rational determination and effective control of the project cost, maintenance and construction projects the legitimate rights and interests of the parties, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    II engaging in construction engineering cost activities in the administrative area of the city of units and individuals shall abide by these measures. Third article this approach by said construction engineering cost is refers to construction project from preparation to completed acceptance delivered using Qian by needed of all costs, including following the: (a) building installation engineering costs, including civil engineering and installation engineering of directly fee, and indirect fee, and profit and tax; (ii) equipment and the workers apparatus acquisition costs, including for construction project acquisition or homemade of reached fixed assets standard of various equipment, and tool, and apparatus of acquisition costs; (three) engineering construction other costs, including land right made fee, and
    Survey fee, and design fee, and engineering supervision fee, and intermediary institutions Advisory fee, and research test fee, and tender costs, and units management fee, and units temporary facilities fee, and engineering premium; (four) prepared fee, including basic prepared fee, and price prepared fee; (five) units for implementation the construction project loan, and issued bonds, in construction period within should paid of interest; (six) construction project of tax, and administrative career sex charges, and Government sex Fund; (seven) national provides should meter into engineering cost of other costs. Fourth municipal construction Administrative Department to exercise unified supervision and management of construction cost in the city activities.
    Municipal construction project cost management agency (hereinafter referred to, cost management) commissioned by the municipal construction Administrative Department, responsible for the day-to-day management of the construction cost.
    Counties (cities), shuangyang district people's Government administrative departments in charge of construction engineering cost management of construction work within their respective administrative areas.
    Relevant administrative department in accordance with their respective responsibilities, to cost management of construction project related work.
    Fifth construction project cost includes the following: (a) preparation of investment estimation, (ii) the preparation of design estimates, and (iii) preparation of construction budget; (d) the preparation of bidding of engineering quantity list, (v) preparation of tender offer; (f) the agreed contract price; (VII) get the final accounting and final accounts.
    Article sixth investment estimation and designing budget and construction budget, engineering quantity listing, bidding, bid quotation, settlement, and final accounts, shall be in accordance with State regulations by preparing qualified units or entrust a qualified engineering cost consulting enterprises to prepare.
    Article seventh cost basis including: project evaluation indicators, budgetary estimate quota, fixed budget, consumption, quotas, a one-time supplementary quota, fixed cost, BOQ specification, fixed duration, cost index index, market information, enterprise scale, as well as national, provincial and municipal Administrative Department of the relevant provisions.
    Eighth municipal cost management institutions should be regularly collected and published labor, materials, construction machinery market price and average profit margins, the average cost of the construction enterprise index, material price trends and cost information, provide a reference for the valuation of construction engineering cost.
    Nineth one-time supplementary norm of construction engineering and construction unit in conjunction with the Unit prepared jointly by the municipal construction cost management after the agency determined, submitted to the provincial cost of Administration confirmed.
    Construction projects once the supplementary material prepared jointly by construction unit in conjunction with the unit price, by the municipal agency determination, confirmed the implementation of cost management. Tenth calculation engineering quantity list of construction project cost price or fixed price. A project not at the same time using two valuation methods.
    Carrying out engineering Bill pricing should be code for implementation of valuation with Bill quantity of construction works implementation of fixed pricing, shall implement the provincial administrative departments of construction under construction fixed.
    Valuation based on engineering quantity list referred to in the preceding paragraph is the amount calculated in accordance with the provisions of the tender documents to complete projects listed by the total cost of the project.
    Fixed pricing is referred to in the preceding paragraph means the fixed budget, consumption, fixed price table, calculated project cost quota of all costs involved.
    All State-owned funds invested or in large and medium State-owned investment funds should be carrying out engineering Bill pricing of building engineering.
    11th engineering quota determination of costs and project charges, social security, Housing Fund, accident insurance, industrial injury insurance and other fees in project cost and safety, civilized construction measure fee shall, in accordance with national and provincial standards set to calculate in full, it may not be bidding bidding fee.
    12th construction enterprises in the project budget should hold the certificate of construction enterprises in Jilin province labor insurance fees, according to the building when construction at the rates approved by the Administrative Department to calculate pension costs.
    Project estimation, budgetary estimate and budget, bidding and preparing the bidding construction administrative departments shall, in accordance with published that year's highest rate, estimated pension charges. 13th article employer people and contractor in signed construction engineering construction contract Shi, should in contract terms in the on following engineering cost matters made agreed: (a) engineering contract price; (ii) used fixed-price contract of risk range and the over agreed range Shi contract price of adjustment approach, used can adjustable price contract of price adjustment factors and approach; (three) construction in the occurred engineering change Shi, engineering price of adjustment method, and claims way, and time requirements and the amount paid way; (four) engineering volume listing wrong items, and leak items, and
    Calculation errors Shi of price calculation way; (five) security protection and civilization construction measures project total costs and costs prepaid, and paid plans, and using requirements and adjustment way; (six) accident hurt insurance costs; (seven) prepaid engineering preparation paragraph, and allocated engineering progress paragraph of time, and amounts, and way; (eight) engineering completed price of settlement and paid way, and amounts and the time; (nine) engineering quality guarantee (warranty) gold of amounts, and pre buckle way and the time; (10) duration ahead of or delayed of rewards and punishments approach;
    (11) the security issues associated with the performance of the contract, payment of the price, (12) price dispute resolution methods (13) and other matters related to the cost.
    After the construction contract price specified in the contract, either party shall not be allowed to change. 14th the developer price is at the time of signing the contract with the contractor for the Convention, can be used in one of the following agreement: (a) fixed price.
    Contract duration is shorter and lower contracted engineering projects, adopting fixed price lump sum contracts. (B) the fixed unit price. Comprehensive unit price specified in the contract on both sides included in the risk range calculation method of cost and risk, in the integrated unit price is no longer within the agreed range of risk adjustment.
    Risks beyond the scope of the integrated unit price adjustment method should be agreed upon in the contract. (C) adjustable prices. Can adjustable price including can adjustable integrated price and measures fee,, both should in contract in the agreed integrated price and measures fee of adjustment method, adjustment factors including: 1, and legal, and administrative regulations and national about policy changes effect contract price; 2, and engineering cost management institutions of price adjustment; 3, and by approved of design change; 4, and employer people change by validation approved of construction organization design (Amendment errors except) caused costs increased; 5, and one week within non-contractor reasons water, and blackout, caused shutdown cumulative eight hours; 6, and
    Other factors as agreed upon by both parties.
    15th construction engineering change occurs, the employer and the contractor shall promptly apply for a visa, as a basis for settlement. 16th construction project is subject to the advance payment settlement, shall comply with the following provisions: (a) Contracting works advance in accordance with the contract makes, in principle no less than 10% of the contract amount in advance, or more than 30% of the contract amount, for major construction projects, projects yearly in advance on an annual basis.
    Pricing execution code of valuation with Bill quantity of construction works of the project, the entity consuming and non entities consumed part of the contract separately agreed in advance. (Ii) in has construction conditions of premise Xia, employer people should in both signed contract Hou of one months within or not late Yu agreed of starts date Qian of 7th within prepaid engineering paragraph, employer people not by agreed prepaid, contractor should in prepaid time due Hou 10th within to employer people issued requirements prepaid of notification, employer people received notification Hou still not by requirements prepaid, contractor can in issued notification 14th Hou stop construction, employer people from agreed meet of day up to contractor paid should payment of interest (interest rate by earlier Bank loan interest rate meter)
    And liable.
    (C) the projects must be paid in advance by contract deductions, and deductions in the progress.
    (D) did not sign the contract or does not meet the construction requirements of the project, the developer works shall not be prepaid shall not be advance payments for transfer of funds.
    17th the developer and the completion of the works to the contractor after acceptance should be timely settlement in accordance with the following provisions: (a) the contractor shall, from the date of acceptance of 30th to submit to the employer a full project completion final estimate file. (B) developer and principal of engineering cost consulting enterprises shall, upon receiving the final account within 40 days from the date of completion settlement audit.
    Employer due to not clearing, settlement is regarded as having been sent by the contractor approved.
    (C) otherwise agreed in the contract on the settlement period, their agreement shall prevail. (D) the construction of large and medium term of the final settlement by the employer and the contractor of the project, in consultation may be appropriately extended, but settling the total number of days shall not exceed 180 days.

    18th the employer disagrees with the settlement documents shall be received within 40 days from the date of the final settlement documents to the contractor, and in consultation with the contractor.
    From the date of objection of the employer in the 28th without consultation or negotiation with the contractor failed to reach an agreement with the contractor, shall entrust the completion settlement audit of engineering cost consulting enterprises. The employer or the contractor for certificate of completion settlement audit of engineering cost consulting enterprises there are dissenting opinions, from the date of receipt of an audit opinion within 30th construction administrative departments for mediation.
    In case of a dispute, you can apply for arbitration or initiate litigation to the people's Court according to law. 19th completed project accounts to employer and contractor to confirm that as a basis for settlement.
    The employer shall confirm the date of full settlement within the 20th report, cost management agency records.
    20th the developer shall pay in accordance with the contract works; general contractor and professional contractor shall, in accordance with the contract to pay the labor service units service contract. Labor service unit shall pay the service workers ' wages in accordance with the contract. No contract or contract is uncertain, the determination, cost management, in accordance with the Agency's standards.
    Labor workers ' wages in arrears due to arrears, construction project contracting units, general contractor, specialty contractor and subcontractor shall assume joint and several liability.
    21st engineering cost consulting enterprises shall obtain a qualification of engineering cost consulting enterprises, and to the extent permitted by their level of qualification in engineering cost consultation activities.
    22nd article engineering cost Advisory enterprise should comply with engineering cost management of about provides, shall not has following behavior: (a) beyond qualification grade business range undertake engineering cost advisory business; (ii) to others name or allows others to himself name engaged in cost advisory business; (three) while accept tender people and bid people or two a above bid people on same project of engineering cost advisory business; (four) subcontracting undertake of engineering cost advisory business;
    (E) commissioned the Audit audit of completion settlement for other engineering cost consulting companies; (vi) to give rebates or malicious down charges of unfair competition, (VII) qualification certificate of alter, resell, lease, lend, or otherwise transfer certificate; (VIII) other behaviors prohibited by laws and regulations.
    Article 23rd engineering cost consulting enterprises should establish a sound technical archive management, quality control, financial management system.
    Engineering cost consulting enterprises to undertake all types of construction projects construction cost consulting business, should be based on the construction cost consultation contract (demonstration text) enter into a written contract, and was 20th after the contract is signed within the city cost management agency records.
    Article 24th engineering cost consulting enterprises engaged in engineering cost consulting business, shall, in accordance with the relevant provisions of the required outcome of project cost, and stamped with the company name, qualifications and practising certificate number seal.
    25th government investment and State-owned units invested as well as the Government, the construction project of State-owned enterprises, investment holding, they must appoint a qualified engineering cost consulting of engineering cost consulting companies.
    26th engineering cost professionals in only one practice, and must be certified.
    Outcome document of the project cost, it should be signed by cost engineers, stamped seal and the seal of practice, to receiving approval, reporting, allocation of project cost and project settlement basis.
    Cost Member shall bear the cost of the business paper on signed and stamped with the seal, and assume the corresponding responsibility. 27th city cost management should set up engineering cost consulting enterprises, professional cost credit profile.
    Their violations, complaints processing, administrative punishments should be recorded as bad records credit profile.
    Engineering cost consulting enterprises and professionals should provide the cost management of project cost is true, accurate and complete credit file information.
    Any unit and individual have the right to access to credit records.
    28th article construction administrative competent sector law on units, and construction units, and engineering cost Advisory enterprise and engineering cost professionals and engineering cost about of behavior implementation supervision check, right to take following measures: (a) requirements was check units or personal issued qualification certificate, and qualification certificate, and engineering cost about of document and system material; (ii) into was check units for check, check out about contract and file; (three) corrected about violation legal, and regulations and regulations and the practice industry procedures of behavior.
    After completion of the 29th, the employer and the contractor fails to timely project completion final estimate, projects shall not be delivered, the Department concerned shall not handle registration.
    Full completion is not required of the employer, cost management, settlement file report filings by building rectification by the Administrative Department.
    Article 30th through deception, bribery or other improper means to bid and project cost consulting qualification, by construction administrative departments in a warning, and a fine of 10,000 yuan and 30,000 yuan fine, applicant not apply again for engineering cost consulting qualification in three years.
    31st article engineering cost Advisory Enterprise violation provides, has following case one of of, by construction administrative competent sector ordered deadline corrected, give warning, and sentenced 10,000 yuan above 30,000 yuan following of fine: (a) not made engineering cost Advisory Enterprise qualification and engaged in engineering cost advisory business; (ii) beyond qualification grade undertake engineering cost advisory business; (three) while accept tender people and bid people or two a above bid people on same project of engineering cost advisory business;
    (D) contracting to undertake the project cost advisory business; (e) to give rebates or malicious down charges of unfair competition, (vi) qualification certificate of alter, resell, lease, lend, or otherwise transfer certificate; (VII) other behaviors prohibited by laws and regulations.
    32nd article engineering cost Advisory Enterprise violation about provides issued cost results file, and to others name or allows others to himself name carried out engineering cost advisory business of, by construction administrative competent sector ordered corrected, confiscated illegal proceeds, and sentenced 10,000 yuan above 50,000 yuan following fine; plot serious, need reduced qualification grade or revoked qualification certificate of, recommends national or province construction administrative competent sector law processing.
    Article 33rd construction cost management in administrative departments and their direct supervisors and persons directly responsible for negligence, malpractice, abuse in the project cost management, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
            34th article of the rules take effect on July 15, 2007.