问题 问答题 案例分析题

案例背景材料:

某承包商通过竟标取得某标段公路建设项目后,立即组织施工队伍进场施工。为保证工期和控制成本,同时考虑到自身特点及业主和监理工程师要求,承包商决定将一部分防护工程和部分通道与涵洞工程分包给另外承包商施工,报业主或监理工程师审查后,该承包商与分包商签订了分包合同,在分包合同中明确了分包合同的主要内容。

分包商施工完成后,经监理工程师检查其质量存在严重缺陷,下达监理通知要求返工处理。总包商认为其选择分包商时得到监理工程师的批准,认为应由分包商负责,与总包商无关。

问题:

(1)请指出工程分包合同的主要分类及其之间的区别,并指明该承包商的分包合同属于哪类工程分包。

(2)请说明各类工程分包合同的主要内容。

(3)总包商认为该质量问题与总包商无关是否正确?说明理由。

答案

参考答案:

(1)工程分包合同有两类:一般分包合同和指定分包合同。该承包商的分包合同属于一般分包合同。

一般分包合同是指在执行工程承包合同过程中,承包商由于某些原因,将自己承担的一部分工程,在经业主或监理工程师批准后,交给另外的承包商施工,承包商和分包商双方签订工程分包合同。

指定分包合同是业主或监理工程师指定或选择的分包工程施工、供货或劳务人员,在承包商同意后,与承包商签订的分包合同。

(2)分包合同的主要内容:

1)工程范围和内容。

2)工程变更。

3)支付条件。

4)保留金和缺陷责任期。

5)拖延工期违约损失偿金。

6)双方的责任、权利和义务。

7)其他方面。

(3)不正确。总承包商在分包合同中可以转移责任义务和风险给分包商,但应注意业主和监理并不因此而解除承包商的任何责任和义务。总包商承担连带责任

阅读理解

A car needs gas to run and your body also needs food to work for you. Eating the right kind of food is very important. It can help your body grow strong to take care of what you eat.

There are four main food groups altogether. The dairy group has food like milk, cheese and sour milk. The other three groups are the meat and fish group, the fruit and vegetable group, and the bread and rice group. Each meal should have at least one food from all four main groups. With all these food together, you will be given enough energy during the day.

It is easy to get into bad eating habits. You may eat your breakfast in a hurry to get to school on time. Or you may not have time for a good lunch. It may seem easy to finish your supper with fish and chips all the time. But you will find yourself tired in these days and you can not think quickly.

Watching what you eat will help keep your body healthy and strong. It is also good to take some exercise. It will help you eat more if you take a walk or play games in the open air. Having a good eating habit with some exercise is the key to your health.

小题1:Which of the following diets do you think is the best one?

A.Eggs, tomatoes and chicken.

B.Milk, bread, cabbages and beef.

C.Corn, fish, cream and pork.

D.Rice, bean curd(豆腐), apples, fish and chicken.小题2:Which of the following is a good eating-habit?

A.Going to school without any breakfast

B.Eating fish and chips for supper all the time.

C.Eating your lunch in a very short time.

D.Having at least one food from all four groups in each meal.小题3:The underlined word “dairy” in the second passage means _____________.

A.the food made out of cows such as milk and butter

B.the shop that sells milk and butter

C.a farm where cows are kept

D.a place where milk products are made.小题4:In this passage the writer mainly tells us that _____________.

A.enough energy helps people think more quickly

B.taking exercise can keep your body strong

C.every person needs food to grow well

D.right kind of food with exercise will keep you healthy

单项选择题