Construction disagreements often begin with an operational question the contract never answered clearly: which drawing applied, who could issue an instruction, or whether a quoted price included a particular item. Legal review is most useful when it connects the contract to the project team’s actual way of working, rather than checking wording in isolation.
Define the work and its boundaries
List the work included, exclusions, specifications, drawings, quantities, and interfaces with other contractors. Give each important document a date or revision reference. Explain which document takes priority if they conflict. The Civil Code calls for construction-project contracts in writing; a signed cover agreement should therefore be reviewed with the technical schedules and other documents intended to form part of the bargain.
Verify the contracting structure
Identify the project owner, contractor, designer, supervisor, and any proposed subcontracting arrangement. Check legal identities, relevant qualifications, and signing authority for the actual work. China’s construction-quality framework imposes responsibilities on different project participants. A commercial agreement cannot be treated as a substitute for required qualifications or approvals. Ask who will verify these matters before work starts and retain that verification in the project file.
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Make the programme usable
Describe access dates, information dependencies, milestones, completion requirements, and procedures for reporting delay. A programme should show what each party must provide, not just a final completion date. Discuss how late drawings, design changes, or unavailable work areas will be recorded and assessed. Avoid assuming that every delay has the same cause or the same contractual consequence.
Connect the price with the payment process
Clarify the pricing basis, measurement method, taxes, supporting documents, payment stages, and any retention. Ask who reviews an application and what constitutes approval. Compare the payment schedule with the work sequence and cash requirements. If the parties expect changes, set out how they will be instructed and valued instead of leaving all adjustments for the final account.
Set authority and notice rules
Name the people who may issue instructions, approve variations, certify progress, and receive formal notices. Distinguish routine site communication from an action that changes contractual obligations. Keep a method for recording replacements and updated contact details. Before signing, have the legal and technical teams review the same document set so that responsibilities are understandable to the people who must carry them out.
Your working file
What to prepare
- Attach dated scope documents and define their order of priority.
- Verify identities, authority, and relevant qualifications.
- Connect programme milestones with required information and access.
- Specify the change, payment, and formal-notice procedures.
Reference points: PRC Civil Code, construction-project contracts; Regulations on Quality Management of Construction Projects. Contract-planning guidance reviewed September 30, 2026.