目 录
第一部分 合同协议书 ·················································· 7 第二部分 通用合同条款 ············································· 11
1. 一般约定 ····························································· 11 1.1 词语定义与解释 1.2 语言文字 1.3 法律 1.4 技术标准
1.5 合同文件的优先顺序 1.6 联络 1.7 严禁贿赂 1.8 保密
2. 发包人 ································································ 18 2.1 发包人一般义务 2.2 发包人代表 2.3 发包人决定 2.4 支付合同价款 2.5 设计文件接收
3. 设计人 ································································ 19 3.1 设计人一般义务 3.2 项目负责人
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3.3 设计人人员 3.4 设计分包 3.5 联合体
4. 工程设计资料 ······················································· 23 4.1 提供工程设计资料 4.2 逾期提供的责任
5. 工程设计要求 ······················································· 24 5.1 工程设计一般要求 5.2 工程设计保证措施 5.3 工程设计文件的要求 5.4 不合格工程设计文件的处理
6. 工程设计进度与周期 ·············································· 27 6.1 工程设计进度计划 6.2 工程设计开始 6.3 工程设计进度延误 6.4 暂停设计
6.5 提前交付工程设计文件
7. 工程设计文件交付 ················································· 31 8. 工程设计文件审查 ················································· 32 9. 施工现场配合服务 ················································· 34 10. 合同价款与支付 ··················································· 34
10.1 合同价款组成
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10.2 合同价格形式 10.3 定金或预付款 10.4 进度款支付
10.5 合同价款的结算与支付 10.6 支付账户
11. 工程设计变更与索赔 ············································ 37 12. 专业责任与保险 ·················································· 38 13. 知识产权 ··························································· 39 14. 违约责任 ··························································· 40 14.1 发包人违约责任 14.2 设计人违约责任
15. 不可抗力 ··························································· 41 15.1 不可抗力的确认 15.2 不可抗力的通知 15.3 不可抗力后果的承担
16. 合同解除 ··························································· 43 17. 争议解决 ··························································· 43 17.1 和解 17.2 调解 17.3 争议评审 17.4 仲裁或诉讼 17.5 争议解决条款效力
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第三部分 专用合同条款 ············································· 46
1. 一般约定 ····························································· 46 2. 发包人 ································································ 48 3. 设计人 ································································ 49 5. 工程设计要求 ······················································· 51 6. 工程设计进度与周期 ·············································· 51 7. 工程设计文件交付 ················································· 52 8. 工程设计文件审查 ················································· 53 9. 施工现场配合服务 ················································· 53 10. 合同价款与支付 ·················································· 53 11. 工程设计变更与索赔 ············································ 54 12. 专业责任与保险 ·································································· 55 13. 知识产权 ··························································· 55 14. 违约责任 ··························································· 55 15. 不可抗力 ··························································· 56 16. 合同解除 ··························································· 56 17. 争议解决 ··························································· 57 18. 其他 ································································· 57 附件 ······································································ 58
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