1. The contract is the guiding document for arranging the project construction. The project team should be established according to the scale and difficulty of the project. The construction organization design, plan, report and completion settlement of the project shall be compiled and submitted in accordance with the contract. The quality and progress of the project shall be organized and implemented according to the contract requirements. The materials and equipment of the project shall be purchased according to the specifications, quantity and price agreed in the contract.
Second, the contract is the basis of the claim. Contract claims mainly include three aspects: first, it is caused by the owner's breach of contract: it mainly refers to the owner's failure to complete the work that should be completed according to the provisions of the model text, failure to pay the advance payment and project payment on time, delay in the examination and approval of drawings, and delay in answering the changes and claims put forward by the contractor; Second, it is caused by changes in the project itself, such as changes in engineering quantities, changes in material prices, and on-site visas. Third, it is caused by changes in construction conditions and environment, such as continuous water and power cuts for more than 8 hours in a week, and outdoor operations cannot be carried out under continuous heavy rain.
Third, the contract is the basis for controlling the project cost and completing the settlement. To control the project cost, we should learn from the experience of Handan Iron and Steel Co., Ltd. and determine the partial and sub-projects by backward deduction method, so as to determine the cost of each post. After the contract is signed, the budget cost of the project can be determined. Upon the establishment of the project, the responsibility cost shall be determined according to the budgeted cost, and the labor cost, material cost, shift cost, other direct cost and indirect cost of the project shall be determined. When organizing the construction, the project manager can first decompose the above expenses into sub-items, and then determine the expenses of each post. Once the cost is determined, he should use the labor and materials reasonably, control the labor cost and management cost, and strictly guard against overcharging and fraudulent use of materials, so as to lay the foundation for saving the project cost and handling the project settlement.
Four. The contract provides the possibility of risk transfer. There are risk transfer clauses such as breach of contract, claim, dispute, insurance and guarantee in the model text. If these contents can be written into the contract through negotiation, the owner's breach of contract, engineering change and some accidental injuries in the construction process can be passed on to the owner or a third party.
Establish and improve the internal contract management system of enterprises. Construction enterprises have established and improved specific operating systems for every link in the whole process of contract management. These links should include: letter of introduction, information tracking, contract drafting, negotiation, review, stamping, disclosure, responsibility decomposition, performance tracking, change, breach of contract, dissolution and termination.
Enterprise headquarters should establish and improve a comprehensive contract management system. Branches (especially professional companies in general contracting companies) can supplement their own contract management systems according to their own needs. The project management department can also make some necessary supplements, which can make the contract management have rules to follow, standardize the contract signing procedures and reduce mistakes.
There should be a correct guiding ideology, that is, always adhere to the "principle of interest" in the process of signing a contract, not just to meet the contract value.
At present, the competition in the construction market is very fierce, and owners often put forward harsh contract conditions. In this case, the construction party should be reasonable, take a strong stance, and strive for their rights according to the truth, rather than being at its mercy.
Try to avoid harsh and unilateral binding clauses, and add clauses to protect the rights and interests of the construction party, so as to make the responsibilities and rights of both parties to the contract more equal and reduce the contract risk. In addition, the owner's commitment outside the contract cannot be trusted. When signing a contract, you should "tell the truth first" and write the relevant contents on paper. The principle of interest is not only the basic principle of contract negotiation and signing, but also the basic principle of the whole contract management and project management.
The establishment of contract management system of construction enterprises includes two aspects: ① Establish and improve contract management institutions (including specialized institutions and concurrent management institutions) from top to bottom, so that the contract management of enterprises covers every level of enterprises and extends to every corner, making contract management professional. Generally speaking, for large and medium-sized construction enterprises, the headquarters should set up a special contract management institution, the branch should set up a special or part-time contract management institution, and the project department should set up a contract management post. ② Enterprises should be equipped with full-time contract administrators. The contract administrator must first be an excellent project cost personnel, familiar with the terms of the contract, familiar with the project claim procedure, competent in contract drafting, modification, negotiation and interpretation, and familiar with and using various laws and regulations; At the same time, the contract administrator should have engineering knowledge and be familiar with the specifications related to cost and contract. At present, the Ministry of Construction has promoted the contract administrator certificate system nationwide, trained and tested the project cost personnel in contract management knowledge, and trained a group of professionals who not only know the project cost, but also are familiar with the construction laws and regulations. With the improvement of the quality of contract administrators, the level of contract signing and management will naturally improve.
Strengthening legal education and legal study of construction enterprises At present, the laws and regulations related to construction projects mainly include: contract law, construction law, contract management law, bidding law, quality management regulations, house maintenance measures, general subcontracting implementation management measures, guarantee law and cultural relics protection law. These laws and regulations are the main basis for construction enterprises to strengthen management according to law and resolve contract disputes through consultation. Combining the application of laws and regulations with management methods such as contract supervision and evaluation can reduce or avoid deviations and problems in construction progress, quality and cost, reduce or avoid contract disputes, and reduce the resulting economic losses.
Vigorously promote the use of construction contract demonstration text-1999- The construction contract demonstration text recommended by the Ministry of Construction and the State Administration for Industry and Commerce is compiled according to the conditions of civil engineering construction contract in Fidyk and the experience and lessons of China's construction industry since the reform and opening up. It has the characteristics of standardization, comprehensiveness, accuracy and rigor, and has strong operability. The adoption of this text will help to plug the loopholes caused by the poor level or negligence of contract managers, clarify the responsibilities of contract subjects, solve contract disputes, and help contract authorities to strengthen supervision and inspection. However, some employers are unwilling to use or only refer to the use of part of the content and draft their own favorable terms. For these contract texts, the construction unit should pay attention to comparing the model texts during the review to prevent mistakes, omissions or ambiguities.
If the review of the initial contract or tender documents is a negotiation project, the initial contract shall be reviewed.
If it is a bidding project, it is necessary to review the bidding documents and the initial contract. During the contract review, management, engineering technology, materials and equipment, finance, legal counsel and other departments shall be organized to participate. The main contents of the review are:
Each department's evaluation of its own performance ability; Whether the employer has the subject qualification, good social reputation and sufficient construction funds; Whether the bidding documents comply with laws and regulations, whether the construction projects involved in the bidding documents comply with national technical standards and norms, etc. ; Whether the initial contract reflects the true meaning of both parties and whether the terms of the contract are inconsistent with the original bidding documents; Whether the text of the contract is rigorous, whether the words are accurate, whether it is ambiguous or inaccurate, and the text cannot be ambiguous or misunderstood, so as not to cause the contract to be difficult to perform or cause disputes.
For some major engineering projects, the construction unit should invite relevant legal and contract experts to audit, effectively avoid contract risks and reduce mistakes in contract negotiation and signing.
Establish a strict seal use system. The special seal for enterprise contract is a certificate to exercise rights, undertake obligations and sign contracts on behalf of enterprises in business activities. Therefore, enterprises should have strict regulations on the storage and use of special seals for contracts:
It is necessary to designate a special person to keep and use the seal and implement special chapter management; Can only be used within the prescribed business scope; The blank contract text shall not be stamped with the special seal for the contract; The unapproved contract text shall not be stamped with the contract seal, and it is strictly forbidden for the seal management personnel to collude with the contract negotiators for personal gain.
Establish an open contract system. After the contract is signed, the contract signing personnel shall disclose the bidding documents, bidding answering materials, bidding documents (referring to bidding budget, construction organization design and quotation) and contract text to the branch company or the project department, so as to have a more detailed and profound understanding of the signing of the construction contract. This happened in a company: in July 2003, it signed a contract with a unit in Zhongjiang County to build the dormitory of the unit, and the completion date was the end of May 2004.
/kloc-when the contract was executed in October/October, the steel price rose from 3,750 yuan/ton at the time of bidding to 3,890 yuan/ton, and it is still rising. The project department in charge of construction submitted a report to the headquarters, arguing that the material contract could not be executed and the contract could not be continued because the steel rose too fast; The headquarters of the company consulted the contract, and the contract clearly stated: "All materials of this project are contracted according to the bidding quotation and cannot be adjusted (except for the three major materials). There are good terms in the contract, but they don't know to claim compensation from the owner. It can be seen that it is not enough to have favorable contract conditions. It is also necessary to organize all construction personnel to study the contract and decompose the terms in the contract into relevant personnel, so that everyone can understand the work and responsibilities undertaken in the contract.
In a word, the contract is the axis of the construction enterprise, and all economic activities of the enterprise are managed in an all-round way around the contract. Only when the terms of the contract are beneficial to you can you lay a good foundation and provide reliable basis for future claims, construction, settlement and risk transfer, and you can get twice the result with half the effort and gain a foothold and grow stronger in the highly competitive construction market.