问题 问答题 案例分析题

某开发商投资新建一住宅小区工程,包括住宅楼5幢、会所1幢,以及小区市政管网和道路设施,总建筑面积24000m2。经公开招标投标,某施工总承包单位中标,双方依据《建设工程施工合同(示范文本)》签订了施工总承包合同。施工总承包合同中约定的部分条款如下:①合同造价3600万元,除设计变更、钢筋与水泥价格变动及承包合同范围外的工作内容据实调整外,其他费用均不调整;②合同工期306d,从2013年3月1日起至2013年12月31日止。工期奖罚标准为2万元/工日。在合同履行过程中,发生了下列事件。事件1:因钢筋价格上涨较大,建设单位与施工总承包单位签订了关于钢筋价格调整的补充协议,协议价款为60万元。事件2:施工总承包单位进场后,建设单位将水电安装及住宅楼塑钢窗指定分包给A专业公司,并指定采用某品牌塑钢窗。A专业公司为保证工期,又将塑钢窗分包给B公司施工。事件3:2013年3月22日,施工总承包单位在基础底板施工期间,因连续降雨发生了排水费用6万元,2013年4月5日,某批次国产钢筋常规检测合格,建设单位以保证工程质量为由,要求施工总承包单位还需对该批次钢筋进行化学成分分析,施工总承包单位委托具备资质的检测单位进行了检测,化学成分检测费用8万元,检测结果合格。针对上述问题,施工总承包单位按索赔程序和时限要求,分别提出6万元排水费用、8万元检测费用的索赔。事件4:工程竣工验收后,施工总承包单位于2013年12月28曰向建设单位提交了竣工验收报告,建设单位于2014年1月5日确认验收通过,并开始办理工程结算。

《建设工程施工合同(示范文本)》由哪些部分组成?并说明事件1中关于钢筋价格调整的补充协议归属于合同的哪个部分。

答案

参考答案:

《建设工程施工合同(示范文本)》由“协议书”“通用条款”“专用条款”3部分组成。事件1中关于钢筋价格调整的补充协议是洽商文件,归属于合同的“协议书”部分。

选择题
阅读理解

阅读理解。

                                                         How I Turned to Be Optimistic

     I began to grow up that winter night when my parents and I were returning from my aunt's house, and

my mother said that we might soon be leaving for America. We were on the bus then. I was crying, and

some people on the bus were turning around to look at me. I remember that I could not bear the thought

of never hearing again the radio program for school children to which I listened every morning.

     I do not remember myself crying for this reason again. In fact, I think I cried very little when I was

saying goodbye to my friends and relatives. When we were leaving I thought about all the places I was

going to see-the strange and magical places I had known only from books and pictures. The country I was

leaving never to come back was hardly in my head then.

     The four years that followed taught me the importance of optimism, but the idea did not come to me at

once. For the first two years in New York I was really lost-having to study in three schools as a result of

family moves. I did not quite know what I was or what I should be. Mother remarried, and things became

even more complex for me. Some time passed before my stepfather and I got used to each other. I was

often sad, and saw no end to "the hard times."

     My responsibilities in the family increased a lot since I knew English better than everyone else at home.

I wrote letters, filled out forms, translated at interviews with Immigration officers, took my grandparents

to the doctor and translated there, and even discussed telephone bills with company representatives.

     From my experiences I have learned one important rule: Almost all common troubles eventually go away!

Something good is certain to happen in the end when you do not give up, and just wait a little! I believe that

my life will turn out all right, even though it will not be that easy.

1. How did the author get to know America?

A. From her relatives

B. From her mother

C. From Books and pictures

D. From radio programs

2. Upon leaving for America the author felt _____.

A. confused

B. excited

C. worried

D. amazed

3. For the first two years in New York, the author _____.

A. often lost her way

B. did not think about her future

C. studied in three different schools

D. got on well with her stepfather

4. What can we learn about the author from Paragraph 4?

A. She worked as a translator

B. She attended a lot of job interviews

C. She paid telephone bills for her family

D. She helped her family with her English

5. The author believes that _____.

A. her future will be free from troubles

B. it is difficult to learn to become patient

C. there are more good things than bad things

D. good things will happen if one keeps trying