湖北省建设工程施工合同范本(5)

八、承包人承诺 ························································································· 2

九、合同生效 ···························································································· 2

十、合同备案 ···························································································· 2

第二部分 通用条款

一、总则

1 定义 ······························································································ 3 2 合同文件及解释 ··············································································· 5 3 语言及适用的法律、标准与规范 ·························································· 5 4 通讯联络 ························································································ 6 5 工程分包 ························································································ 6 6 现场考察 ························································································ 7 7 投标文件的完备性和义务 ··································································· 7 8 文物、化石和地下障碍物 ··································································· 7 9 安全事故处理 ·················································································· 8 10 知识产权 ······················································································ 8

11 联合体的责任 ················································································ 8 12 保障 ···························································································· 9 13 财产 ···························································································· 9

二、合同主体

14 发包人 ························································································· 9 15 承包人 ························································································· 10 16 现场管理人员任命和更换 ································································· 12 17 发包人代表 ··················································································· 12 18 监理工程师 ··················································································· 13 19 造价工程师 ··················································································· 14 20 承包人代表 ··················································································· 14 21 分包人和另行分包 ·········································································· 15 22 承包人雇员 ··················································································· 15

三、担保、保险与风险

23 工程担保 ······················································································ 16 24 发包人风险 ··················································································· 18 25 承包人风险 ··················································································· 18 26 不可抗力 ······················································································ 18 27 保险 ···························································································· 19