(I) Legal basis of the contract The legal basis of the contract refers to the legal background of contract signing and implementation. Analyze the legal basis of the contract, understand the basic conditions of the contract applicable to the law, and the legality of the project content (to meet the requirements of the corresponding legal provisions). The contract is necessary for the parties to deal with various issues in the future, including the implementation of the contract and the claim.
(II) Main tasks of the contractor This is the top priority of contract analysis. It mainly analyzes the contractual responsibilities, rights and obligations of the contractor. The analysis usually includes:
1. The contractor's total tasks and scope of work, project quality, duration, safety and other requirements.
2. Specify the rules for engineering changes in the contract.
(III) Responsibilities of the contractor The contractual responsibility of the owner is the precondition for the contractor to successfully complete the tasks stipulated in the contract, and at the same time it is the weapon that restrains the contractor’s breach of contract. It should generally focus on the following aspects:
1. The owner shall provide the necessary construction conditions, such as meeting the geological data of the mine construction, complete design drawings, etc.; the owner shall complete the "four links and one leveling" on site.
2. The owner has the responsibility to coordinate the work between the contractors and suppliers, as well as the relationship between the construction site and local governments and residents, to distinguish the boundaries of responsibility, and to bear the losses caused by management and coordination errors.
3. The owner shall promptly respond to the contractor's request, report and formalities in the performance of the contract process, and execute it in accordance with the prescribed implementation procedures and deadlines.
4. The owner shall pay the construction cost in time according to the contract.
(D) This part of the contract price should be the focus of analysis used in contract pricing method and included in the contract price range, such as fixed-price contract, the contract unit price, cost plus remuneration contracts; project payment settlement method and time; the contract price Adjustment, pricing basis, responsibility for arrears of construction, etc.
(V) Construction period Due to the complexity of mining engineering technology, the delay in construction period in mining engineering is extremely common, which has a great impact on contract implementation and claims. Focus on the commencement and completion date of the contract, the construction period of major engineering activities and the factors that may affect the construction period, and the possibility of obtaining compensation for the construction period. List all terms that may result in a claim for a construction period.
(6) Liability for breach of contract If a party to the contract fails to comply with the contract and causes the loss of the other party, it shall be subject to the corresponding contract. Usually analyzed:
1. The contractor cannot complete the liquidated damages of the project or the terms of the owner's loss according to the contract.
2. Compensation clause for the loss of the other party’s personnel and property due to management negligence.
3. Penalties and indemnities for loss of the other party due to premeditated or intentional actions.
4. Due to the contractor’s failure to perform or fail to perform the contractual obligations correctly, or the handling of a serious breach of contract.
5. Due to the failure of the owner to perform or fail to perform the contractual obligations, or the handling of the provisions for serious breach of contract, in particular, the provisions for the failure of the owner to pay the project payment in a timely manner.
(VII) Acceptance, handover and warranty In the analysis of the contract, the important acceptance in the project (such as the acceptance of materials and mechanical equipment, the acceptance of concealed works, the completion acceptance, etc.) and the handover and post-warranty after the completion of the project The legal consequences of the explanation are explained.
(II) Main tasks of the contractor This is the top priority of contract analysis. It mainly analyzes the contractual responsibilities, rights and obligations of the contractor. The analysis usually includes:
1. The contractor's total tasks and scope of work, project quality, duration, safety and other requirements.
2. Specify the rules for engineering changes in the contract.
(III) Responsibilities of the contractor The contractual responsibility of the owner is the precondition for the contractor to successfully complete the tasks stipulated in the contract, and at the same time it is the weapon that restrains the contractor’s breach of contract. It should generally focus on the following aspects:
1. The owner shall provide the necessary construction conditions, such as meeting the geological data of the mine construction, complete design drawings, etc.; the owner shall complete the "four links and one leveling" on site.
2. The owner has the responsibility to coordinate the work between the contractors and suppliers, as well as the relationship between the construction site and local governments and residents, to distinguish the boundaries of responsibility, and to bear the losses caused by management and coordination errors.
3. The owner shall promptly respond to the contractor's request, report and formalities in the performance of the contract process, and execute it in accordance with the prescribed implementation procedures and deadlines.
4. The owner shall pay the construction cost in time according to the contract.
(D) This part of the contract price should be the focus of analysis used in contract pricing method and included in the contract price range, such as fixed-price contract, the contract unit price, cost plus remuneration contracts; project payment settlement method and time; the contract price Adjustment, pricing basis, responsibility for arrears of construction, etc.
(V) Construction period Due to the complexity of mining engineering technology, the delay in construction period in mining engineering is extremely common, which has a great impact on contract implementation and claims. Focus on the commencement and completion date of the contract, the construction period of major engineering activities and the factors that may affect the construction period, and the possibility of obtaining compensation for the construction period. List all terms that may result in a claim for a construction period.
(6) Liability for breach of contract If a party to the contract fails to comply with the contract and causes the loss of the other party, it shall be subject to the corresponding contract. Usually analyzed:
1. The contractor cannot complete the liquidated damages of the project or the terms of the owner's loss according to the contract.
2. Compensation clause for the loss of the other party’s personnel and property due to management negligence.
3. Penalties and indemnities for loss of the other party due to premeditated or intentional actions.
4. Due to the contractor’s failure to perform or fail to perform the contractual obligations correctly, or the handling of a serious breach of contract.
5. Due to the failure of the owner to perform or fail to perform the contractual obligations, or the handling of the provisions for serious breach of contract, in particular, the provisions for the failure of the owner to pay the project payment in a timely manner.
(VII) Acceptance, handover and warranty In the analysis of the contract, the important acceptance in the project (such as the acceptance of materials and mechanical equipment, the acceptance of concealed works, the completion acceptance, etc.) and the handover and post-warranty after the completion of the project The legal consequences of the explanation are explained.
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