The main contents and matters needing attention of contract closure

  • Time: 2013-08-01 09:32:44
  • Source: SLEEING
  • Hit: 1916

  Contract closure is the contract parties in accordance with the provisions of the contract to fulfill their respective obligations after contract, settle matters and clearing process according to the requirements of the contract. The terms of the contract, including contract review and verify the test project, project approval, contract price settlement, data transfer, dispute resolution etc.. These contents can not successfully completed, some are parallel or cross.

 

  1, contract review

 

  Contract review is a contract control audit team review check behavior in accordance with the laws and the agreement between the parties to the contract contents, format. Contract review is an important part of risk prevention project, also a prerequisite for project completion. It mainly includes the main contract, the contract form, meaning, contract, contract structure, the terms of the contract, the contract text, contract, contract risk, contract execution aspects.

 

  2, project evaluation

 

  Project review refers to the technical performance of the project team and project to project scope, project deliverables are examined, to ensure that the project after the transfer can satisfy the demand side requirements. Method of project evaluation mainly include: written material review method, test method, test method, observation method. Among them, observation method is commonly used. According to the characteristics of different projects, project evaluation can adopt different method. Such as, production projects can use the method of trial production; service projects can use economic benefits and social benefits of the comprehensive evaluation method; system development project can use the trial operation method.

 

  3, the project hand over

 

  Through the project, project group shall submit the relevant documents, such as technical and economic information, quality warranty, material, equipment, components quality certification data, test, test, test report, investigation, design, construction units, engineering supervision and quality documents signed and ready, and in writing to notify the project receiving party approval and review. Based on the project of the qualified, the receiving party shall conduct formal acceptance within the prescribed period of time.

  Project acceptance, the project manager and the receiving party representative shall sign on the prepared documents, accepted formally recognized and accepted all or phase of the project results. Project acceptance and completion settlement after paragraph, project delivery accept Party, need to record the project also should handle the formalities within the time limit according to the provisions of.

 

  4, the project warranty

 

  The project team in the submission of the completion acceptance report to the receiving party, the general also issued the quality warranty. We should define the basic content of project scope of warranty, warranty period and warranty responsibility for quality warranty book, should also agreed to include warranty gold. The defects liability period, defect caused by reasons attributable to the contractor, the Contractor shall be responsible for repair, and bear the identification and repair costs. The defects liability period, the contractor to perform the responsibility of contract, after the expiration of the application, the contractor to the employer to return the warranty gold. The employer after receiving the contractor to return the security deposit after the application, should be verified in accordance with the contents of the contract. If there was no objection, the employer shall timely maintenance fund returned to the contractor.

 

  5, dispute resolution

 

  The parties often provide the price, quality, schedule, warranty disputes in the contract. After the occurrence of the dispute, the two sides can according to the specific situation to exercise the right of defense, but also on their own settlement or mediation by relevant authorities. The two parties of the contract is not willing to compromise, mediation or conciliation, mediation fails, both sides agreed in the contract to arbitration or litigation means to resolve the dispute. Unless there are special circumstances, the parties shall continue to perform the contract, keep the project activity continuously, protect the completed project.

 

  6, the termination of the contract

 

  The project parties in accordance with the contract, fulfil all its obligations, the contract is terminated. But the project contract industry may also be due to project objectives can not be achieved or project cannot continue and lead to abnormal termination. Such as, negotiation, not force majeure, clear, delay performance, illegal subcontracting, illegal subcontracting, unqualified and refused to repair. The abnormal termination of the contract the contract will have a great impact, need to seriously deal with the organization, finance, procurement, site equipment material and many other matters, and the formation of project closure report.

 

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