Hubei Province, Construction Cost Management

Original Language Title: 湖北省建设工程造价管理办法

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(October 29, 2007, Hubei provincial people's Government Executive meeting considered by Hubei provincial government order No. 311, released November 16, 2007 come into force since January 1, 2008) first to strengthen the cost management of construction projects, construction project cost pricing, rational determination and effective control of the project cost, maintenance construction the legitimate rights and interests of the parties, in accordance with the People's Republic of China Law on construction, the People's Republic of China Law on bidding, the People's Republic of China contract law
    And other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.
    Second construction cost activities engaged in within the administrative area of the province, these measures shall apply; construction cost of activities subject to tender according to law, and supervise in accordance with these regulations. Construction cost mentioned in these measures refers to construction projects from the project to completion and commissioning all the costs required.
    Includes engineering, construction costs, project preparation costs, related taxes and bank loans during the construction period interest, countries have established other costs shall be included in the project cost.
    Third construction administration departments at or above the county level shall be responsible for the supervision and management of construction cost in the administrative area, the specific work by the bodies responsible for the implementation of project cost management. Provincial departments are responsible for the sectors such as communications, water conservancy engineering cost management.
    Professional engineering construction cost management on cost management bodies in accordance with the relevant provisions and related quota standards and doing concrete work of engineering cost management in the industry.
    Article fourth of engineering cost management at the provincial level agencies shall, in accordance with relevant regulations of the State and construction codes, standards, development of engineering cost management and pricing rules, preparation of construction indicators, to provide construction cost valuation basis.
    Engineering cost management institutions at all levels should be collected and published in a timely manner labor, materials, construction machinery market prices and the construction cost index, price trends, cost information, for all types of construction cost price of reference. Fifth project subject to tender according to law must be in the national and provincial present construction cost valuation basis.
    Prohibit construction works the parties colluding and overestimate their risk is to obtain illegal benefits.
    The valuation basis of the construction cost mainly includes investment estimation indexes, quota and estimates of fixed duration, fixed budget (uniform price list and valuation table), fixed costs, cost of construction machine-class norm and norm, other valuation specified in national and provincial basis.
    Sixth construction project investment budget shall, in accordance with engineering valuation basis and construction prices, interest rates, exchange rate changes and other systems. Seventh construction project design estimate should be under the control of the investment, according to the budget preparation principle and engineering valuation basis.
    Approved design estimates as the main basis for investment and cost control, without the approval of project examination and approval Department shall not break.
    Article eighth construction engineering construction budget should be within the scope of the approved design estimates, or cost Member have the appropriate qualifications for certified cost engineers, based on validated approved construction plans, construction organization design scheme, valuation basis and the relevant provisions of the establishment. Nineth construction project pricing using BOQ or fixed pricing approach, and according to the laws and regulations specified in the tender documents.
    But the two valuation methods cannot be mixed in the same project. Tenth the developer and the contractor shall enter into a written construction contract according to law. Project subject to tender according to law, in the contract price and the price should be the same.
    After the contract price agreed in the contract, either party shall not be allowed to change, and are not allowed to contract separately entered into other agreements consistent with the substance of the contract.
    11th article construction engineering construction contract should according to national and province about provides, on following engineering cost matters made agreed: (a) engineering contract price; (ii) prepaid engineering paragraph, and allocated engineering progress paragraph of amounts, and paid time and the way; (three) design change, and engineering volume listing wrong items, and leak items, and calculation errors of finds and the engineering price of adjustment approach, and claims way, and time requirements and corresponding price of paid way; (four) engineering quality guarantee (warranty) gold of amounts, and pre buckle way and the returned time;
    (Five) duration and the duration ahead of or delayed of rewards and punishments approach; (six) equipment, and material price changes, risk bear of range, and range and the over agreed range, and range Shi engineering contract price of adjustment approach; (seven) completed settlement and the settlement Hou engineering paragraph paid approach and default responsibility; (eight) security, and civilization construction and accident hurt insurance costs; (nine) and perform contract, and paid price related of guarantees matters and the occurred engineering pricing disputes of solution way; (10) both think should agreed of other engineering cost matters. 12th construction projects subject to tender according to law, the employer and the contractor after the signing of the construction contract in the 7th, project is located above the county level will be submitted a copy of the contract by the contractor of engineering cost management agency records.
    When filing, shall submit a bid document, Loa, winning bidder in the business standard and the price of electronic data and other information.
    During construction the employer and contractor involved for both the construction cost adjustments supplementary contracts and supplementary agreements shall report record of project cost management. 13th when the contract adjustment of the contract price, after the occurrence, the contractor should adjust in the 14th reason, amount notified in writing to the employer, the employer recognized as additional contract price adjustment amount after it, according to the contract for processing.
    Upon receipt of the notification by the contractor to the employer does not confirm or comment in the 14th, is deemed to have been agreed that the adjustment if contractor fails to revise the report or notify the employer within a specified time, the employer based on relevant information, to decide whether to change and adjust amount and notify the contractor in writing.
    Adjust the content of the contract involves the construction of engineering cost of visas, should be the contractor, the employer representatives signed written material or cost engineers and management engineer.
    Article 14th project completion final estimate shall be based on the employer's signing of the construction contract and the contractor on the basis of combined with contract price the contract contents are compiled.
    Project subject to tender according to law, record settlement should be based on construction cost management of the construction contract is basis, combined with the contract price the contract contents are compiled.
    After completion of the 15th, and apart from the employer's contract with the contractor, and the contractor shall be from the date of acceptance in the 28th, to submit to the employer a complete settlement file. 16th the developer after receiving the contractor projects completion settlement papers submitted by, conditions can be reviewed directly or entrust a qualified review of engineering cost consulting enterprises and within the period specified in the written comments.
    Fails to provide review comments, deemed to have been approved.
    Project completion final estimate examination of engineering cost consulting enterprises, should be objective and impartial, and completed within the time limit agreed in the contract. Article 17th of engineering cost consulting enterprises preliminary review comments should be in writing served on the employer and contractor sides. After receiving employer and contractor in the 15th, feedback should be agreed to or modifying views.
    If no feedback, deemed to have been approved.
    Article 18th after project completion final estimate examination is complete, the employer shall pay the settlement within the time stipulated in the paragraph must not delay payment.
    Contractor on project progress and completion settlement price, priority should be given to pay workers ' wages. 19th in the engineering dispute settlement activities, by both the contractor and the employer's relevant provisions on valuation basis and negotiated settlement.
    Through consultation, apply for mediation to the seat of the engineering project cost management body, can, according to the contract brought to arbitration or initiate litigation to the people's Court according to law. 20th project subject to tender according to law, settlement documents the contractor and the employer both sides confirmed by the contractor in the 10th project location the project cost management mechanism to review the record.
    Review of the record shall submit the following information: (a) construction permit; (b) project accounts; (c) the cost engineers and cost certificate; (d) the project payment certificates; (v) the information submitted by the other. 21st engineering cost administration in project completion final estimate documents before the date in the 5th, based on this approach provided and documented the construction contract, review the settlement documents were filed.
    Record review of main elements: (a) construction cost in implementation of the provisions of the contract, (ii) whether the settlement is on contract preparation and audit, (iii) qualifications for editing units and qualifications, compliance and (iv) review of the payment of the fees prescribed by the State.
    Record review in accordance with the relevant provisions of the settlement file, record settlement documents; do not meet the relevant provisions of the settlement file corrected within the period specified by the parties.
    22nd project completion final estimate files without a project cost management mechanism to review the record and not for final acceptance record.
    23rd project completion final estimate file by the employer and contractor sides after confirmation and signature, that is as a basis for settlement payment and final accounts.
    Project completion final estimate documents subject to tender according to law, the employer and contractor sides confirm, signed and approved by the institutional review of project cost management for the record, that is as a basis for settlement payment and final accounts.
    Article 24th engaged in construction project cost pricing activities of engineering cost consulting enterprises and professional cost shall obtain a relevant qualification, qualification, and should comply with the relevant standards and norms of practice, engineering cost in terms of activities. 25th construction cost consulting enterprises shall carry out information service activities, timely and accurate information to provide clients with information and relevant reports, charges shall not be in breach of the provisions.

    26th outcome documents of the construction project cost units and is responsible for the preparation of registered cost engineers, liable for the preparation of the outcome document of the project cost. 27th where the outcome documents of the construction cost of the province, should be used in accordance with the specification for valuation with Bill quantity of construction works and the basis for the valuation of computer software as provided herein.
    Non-compliant, shall not be used for project cost pricing activity in the province, construction cost management institutions should be ordered to stop using or modifying. 28th construction projects subject to tender according to law in violation of the rules, not according to current national and provincial pricing basis of valuation activity, the projects related to the competent administrative authority shall order rectification refuses, fines of between 10,000 yuan and 30,000 yuan.
    Collusion and overestimate their risk is to obtain illegal benefits, more than 5000 Yuan directly responsible person fined a maximum of 20,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    29th article violates these rules, not required to meet the project or the project is not within the period specified in the settlement, the engineering-related administrative authorities shall order rectification, and to a fine of up to 10,000 yuan and 30,000 yuan, directly responsible for administrative sanctions.
    30th article engineering cost results file prepared units, and pipeline personnel violation this approach provides, deliberately or for major fault caused by pipeline of engineering cost results file errors, led employer people or contractor suffered loss of, should law bear compensation responsibility, construction administrative competent sector will its bad behavior remember into credit archives, and be publicity; plot serious of, law cancellation its qualification or practice industry qualification.
    31st engineering cost consulting enterprises have not acquired the certificate of qualification of units engaged in construction cost consulting activity, issued by the outcome document of the project cost is invalid, by construction Administrative Department fines of between 10,000 yuan and 30,000 yuan.
    Not registered cost engineer or cost is cost engineering consultancy activities undertaken in the name of, the signing or preparation of the outcome document of the project cost is not valid by building more than 5000 Yuan, administrative authorities fined a maximum of 20,000 yuan. 32nd administrative departments and their project cost management agencies must be in accordance with the laws, rules and regulations, to supervise the construction cost.
    On construction cost management of its staff of dereliction of duty, abuse of authority or engages in, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                        33rd article this way come into force on January 1, 2008.