Guiding Opinions on the Adjustment of the Differences in the Completion Settlement of the Construction Project of the City (Su Jian Jian Jian [2012] No. 19)

Guiding Opinions on the Adjustment of the Completion Settlement Price of the Construction Project of the City, the Municipal and District Housing and Construction Bureau, the Planning and Construction Bureau of Suzhou Industrial Park, and the relevant departments of the Municipality: To standardize and effectively control the construction cost of the project, and to maintain the construction cost The legal rights and interests of both parties are contracted, and at the same time, in order to ensure the smooth completion of the project completion settlement work of both parties, the following guidance is proposed for the adjustment of the completion settlement of the construction project of the city: 1. The construction project cost is highly susceptible to market price changes, especially When the market price of labor, materials, machinery and other factors that constitute the project cost fluctuates greatly, it will bring great risks to both parties to the contract. which will seriously affect the normal performance of the construction contract. Therefore, in the process of bidding and construction contract signing, both parties to the contract should strengthen their risk prevention awareness and sign a reasonable price risk sharing clause. 2. Both parties to the contract shall clearly stipulate in advance the difference adjustment method in the construction contract, and when the settlement is completed, adjust the difference according to the terms stipulated in the contract. The main terms include: 1. The category name of the valence element, such as: labor, steel, concrete, cement, wire, cable, asphalt, stone, aluminum alloy, etc. The determination of the price-adjustable factor shall be based on the principle that its value accounts for a large proportion of the project cost, and its price fluctuation has obvious impact on the project cost; 2. The risk magnitude of the adjustable price component undertaken by the contractor; 3. The risk amplitude value exceeding the contractual agreement Time adjustment method. 3. If the difference adjustment method is not stipulated in the contract, or if there is an agreement, but the agreement is not clear or contradictory, both parties to the contract shall resolve it through negotiation, A supplementary agreement may be signed according to the following guidance. The supplementary agreement shall be filed with the administrative department of construction where the project is located. 1. For projects with fixed price (including fixed total price and fixed unit price) contract, if the risk is calculated, and the contract period is less than 6 months, the difference will not be adjusted. 2. For projects with a fixed price (including fixed total price and fixed unit price) contract, if the risk is not calculated, or if the risk is calculated but the contract period is more than 6 months, the difference is after deducting the risk. Adjust according to the following methods: (1) Adjustable price elements: artificial, steel, concrete, cement, wire, cable, asphalt, stone, aluminum alloy, etc., and other values ​​that account for more than 5% of the engineering cost of the professional engineering project. Elemental, The calculation formula is as follows: Proportion (%) = total number of professional projects of a certain factor unit (including the amount of change adjustment) × unit price of the unit price/winning unit, part of the engineering project (including the change adjustment part) × 100%;(2) The risk amplitude of the adjustable price component undertaken by the contractor is 5%. (3) The price increase and decrease of the price of the adjustable price factor during the construction period is based on the monthly price used for the bidding control price. When the price rises or falls within 5% (including 5%), the difference is borne or benefited by the contractor; When the rise or fall exceeds 5%.  the difference between the excess and the excess is borne or benefited by the contractor. The formula is as follows: 1 When the price exceeds 5%, the difference (positive value) = (weighted average price of the adjustable price component during construction - bidding control) The price of the month used for the price × 1.05) × (1 - the unit price of the factor); 2 when the price exceeds 5%, the difference (negative value) = (the weighted average price of the adjustable price factor during the construction period - the month used for the bidding control price) Price × 0.95) × (1 - the unit price of the factor is profitable). Weighted average price of adjustable price factors during construction = Σ (real monthly usage × current month price) / total consumption of this element. 3. In the case of projects with adjustable price contracts, the difference shall be adjusted as follows: (1) The value of a certain factor accounts for more than 5% of the engineering cost of the professional engineering project. Spread = (weighted average price of adjustable price component during construction period - month price used for bidding control price) × (1 - the unit price of the factor) (2) The value of a certain factor accounts for less than 5% (including 5%) of the engineering cost of a part of the professional engineering. Spread = (the actual average price of the adjustable price factor during the actual opening of the construction period - the monthly price used for the bidding control price) × (1 - the winning bid margin). 4. When a month's cost management department issues more than one price, the current month's price is calculated by weighted average of the number of months adjusted; when the actual monthly usage cannot be determined, it can be calculated based on the amount of work completed in the current month; When the unit price of a certain factor can not be determined, the winning bid can be used. 5. If the construction period is delayed due to the contractor or the contractor, the loss caused by the price fluctuation during the delay shall be borne by the responsible party. 4. The difference shall be calculated according to the pricing rules, and shall be paid as an additional (subtractive) contract price and the progress of the project. 5. In order to improve the efficiency and quality of project settlement, the list of various factors used in the current month should be handled in time during the construction process.