建(jian)(jian)(jian)(jian)設(she)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)合同(tong)是(shi)(shi)指發(fa)包方(fang)(建(jian)(jian)(jian)(jian)設(she)單(dan)(dan)位)和(he)承(cheng)包方(fang)(施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)人(ren))為完成(cheng)商定的施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng),明確相互權利(li)、義務的協議。依照施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)合同(tong),施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)單(dan)(dan)位應完成(cheng)建(jian)(jian)(jian)(jian)設(she)單(dan)(dan)位交(jiao)給的施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)任務,建(jian)(jian)(jian)(jian)設(she)單(dan)(dan)位應按照規定提供必要(yao)條件并支(zhi)付(fu)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)價(jia)款(kuan)。建(jian)(jian)(jian)(jian)設(she)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)合同(tong)是(shi)(shi)承(cheng)包人(ren)進(jin)行工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)建(jian)(jian)(jian)(jian)設(she)施(shi)(shi)工(gong)(gong)(gong)(gong)(gong),發(fa)包人(ren)支(zhi)付(fu)價(jia)款(kuan)的合同(tong),是(shi)(shi)建(jian)(jian)(jian)(jian)設(she)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)的主(zhu)要(yao)合同(tong),同(tong)時也是(shi)(shi)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)(cheng)建(jian)(jian)(jian)(jian)設(she)質量(liang)控制(zhi)、進(jin)度(du)控制(zhi)、投(tou)資(zi)控制(zhi)的主(zhu)要(yao)依據(ju)。施(shi)(shi)工(gong)(gong)(gong)(gong)(gong)合同(tong)的當事(shi)人(ren)是(shi)(shi)發(fa)包方(fang)和(he)承(cheng)包方(fang),雙(shuang)方(fang)是(shi)(shi)平等的民事(shi)主(zhu)體。
國家2013版《建(jian)(jian)(jian)設工(gong)(gong)(gong)程施工(gong)(gong)(gong)合(he)同(tong)(tong)(示(shi)范文本)》(GF-2013-0201)已由住建(jian)(jian)(jian)部(bu)、國家工(gong)(gong)(gong)商總局于2013年聯(lian)合(he)發布使用,原(yuan)《建(jian)(jian)(jian)設工(gong)(gong)(gong)程施工(gong)(gong)(gong)合(he)同(tong)(tong)(示(shi)范文本)》(GF-1999-0201)同(tong)(tong)時廢止。