The Beijing Municipal Government regulates the professional contracts and subcontracts for construction projects.

 Issued on: September 10, 2014　　Views: 2253

 Promoting the implementation of model text for contracts is an important measure for regulating the parties to a contract in their contract performance and protecting the legitimate rights and interests of all parties. Recently, the Beijing Municipal Commission of Housing and Urban-Rural Development and the Beijing Administration for Industry and Commerce jointly issued two model texts: the Professional Contract for Construction Projects in Beijing and the Professional Subcontract for Construction Projects in Beijing. These two texts will be put into force in the professional contracting activities of Beijing in order to regulate signing conduct concerning professional contracts and subcontracts and to eventually improve the industry management and service level.

 Promoting the model texts will facilitate the improvement of contract signing quality. The Beijing Municipal Government implements a registration system for professional contracts and subcontracts. The Beijing Municipal Commission of Housing and Urban-Rural Development handles over 10,000 cases involving professional contract and subcontract registration on an annual basis. The registered contracts amount to a huge number and cover a wide range of professional categories. Some of the contracts are knocked together or made by simply copying, or poorly prepared and filled with ill-formed contract terms lacking precision; some of them even contain illegal content and are prone to trigger contract disputes. The formulation and implementation of the model texts has effectively solved this problem, which has also become an important measure to bring convenience to the people.

 The implementation of the model texts will also improve contract registration efficiency. Model texts are categorized into two parts, namely the general part and the dedicated part. The general part mostly contains the existing laws, regulations and relevant regulatory requirements, the content of which is concise and rigid, while the dedicated part gives the parties to a contract the freedom to fully reflect their individual requirements. Parties to a contract need only focus on formulating special provisions while the regulators need only review a portion of the dedicated terms. This approach not only helps to improve the one-time pass rate for professional project contract filing, but also effectively improves the regulatory efficiency of contract filing.

 The implementation of the model texts will also facilitate the implementation of responsibilities and obligations concerning dust control. To implement the Beijing Air Pollution Prevention and Control Regulations and properly carry out dust control on engineering construction projects, safe and green construction civilization terms have been provided in the model texts on the basis of detailed demonstrations of the rights and obligations of the both parties to the contract by focusing on the major body responsibilities in the implementation of dust control on construction sites and further refining the corresponding responsibilities and obligations borne by the parties to a contract, while urging them to act in strict compliance with the relevant management regulations concerning green construction by earnestly implementing various dust control measures and effectively improving their management ability on the construction site.

 For their next step, the Beijing Municipal Commission of Housing and Urban-Rural Development and the Beijing Administration for Industry and Commerce will enhance their efforts to publicize and implement the Model Texts, actively guide the proper use of contract subjects and seize the opportunity to promote the standardized management and signing of professional contracts so as to ensure the smooth implementation of construction projects.