Paper Keywords: regulatory status; Supervision right; Problems; suggestion
This paper briefly introduces the basic situation of construction project supervision in China, analyzes the present situation and existing problems, and puts forward some valuable suggestions for these problems.
The contract conditions of civil engineering construction formulated by FIDIC are generally recognized and widely used in the international contracting market. It specifies the responsibilities and rights of the owners, supervision engineers and contractors in detail, which is the guarantee for the orderly progress of engineering construction projects. China also began to mention implementation.
1. The misunderstanding of current supervision work Due to the late start of China's construction supervision system and the planned economic system, China's supervision system has its own characteristics since its establishment, and no socialized supervision mode has been formed. So far, there are still the following misunderstandings:
The supervision system of 1. 1 is limited to the construction stage. The supervision system should run through the whole process of construction projects, including investment decision-making stage, design stage, construction bidding stage and construction stage (including warranty stage). However, at present, the supervision work in China is generally limited to the construction stage of engineering construction projects. After the supervisor accepts the entrustment, the project starts immediately, which causes the supervisor to be familiar with the situation while working, and has a poor understanding of the project, especially the water conservancy project, which has a relatively large scale, high technical complexity, long front and many influencing factors, which is not conducive to the smooth development of the supervision work.
1.2 has no standard for the behavior of car owners.
Whether the owner's behavior is standardized or not is directly related to whether the construction project can be carried out smoothly and whether the construction goal can be realized as scheduled. Some interfere with the supervision work more, and some directly give instructions to the contractor without the supervision engineer, resulting in unnecessary disputes and misunderstandings. In fact, the supervision engineer should be the only manager of the construction project site. If the owner entrusts supervision, the supervision engineer shall supervise and manage the construction project. The opinions and decisions of the owner should be carried out by the supervision engineer. What the owner should do is how to manage the supervision well, not directly manage the construction project.
It is a common phenomenon that owners are not standardized. This requires supervisors to be familiar with the supervision entrustment contract, assess the situation, correctly handle the relationship with the owner, proceed from the overall situation, put the customer first, serve the owner and be responsible for the owner. Only in this way can we gain the trust of the owners and be conducive to the development of supervision work. Standardizing the owner's behavior and making the owner change the concept under the planned economy system is the premise to ensure the smooth progress of the engineering construction project. This problem can be solved by the tender owner or the agent of the tender owner.
1.3 Take the supervision engineer as the quality inspector.
As an impartial third party, the supervision engineer conducts supervision according to the supervision contract and the project construction contract, not the contractor's quality inspector. This problem involves responsibility and acceptance procedures. Acceptance must be reported to the supervision engineer for acceptance on the basis that the contractor has passed the self-inspection. The contractor has the responsibility to ensure the provision of qualified products, and the supervisor is responsible for the inspection of engineering products. The contractor can't regard the supervisor as his own inspector, and the supervisor himself can't equate himself with the contractor's inspector. Supervision and inspection should be comprehensive.
1.4 engineering quality supervision.
Now there is a saying that there is something to ask the supervisor in the project. It is biased for the supervisor to bear the brunt of the problems in the project. Supervision is to supervise and manage the construction project according to the authorization of the owner and the supervision contract and construction contract. The quality responsibility of supervision can be understood as that if there are design quality problems in the design stage, the design supervision should bear the corresponding responsibilities; In the construction stage, the supervisor should bear the corresponding responsibilities regardless of whether the supervisor detects the contractor's nonconforming products due to construction reasons, but it cannot exempt the contractor from the responsibilities. Because the construction contract clearly stipulates that the contractor must provide the quality standard of the products to the owner, this requires the "three parties" to correct their thinking.
2. The main tasks of supervision work
"People's Republic of China (PRC) Construction Law" clearly stipulates that before the implementation of construction project supervision, the construction unit shall inform the supervised construction enterprise in writing of the entrusted project supervision unit, supervision content and authority. Construction project supervision shall be conducted in accordance with laws, administrative regulations and relevant technical standards, design documents and construction project contracts. On behalf of the construction unit, supervise the contractor in terms of construction quality, time limit for a project and the use of funds. In engineering construction projects, at present, supervision engineers only carry out supervision work in the construction stage, which is mainly quality control. Judging from the current situation, it is difficult for a supervision company to have the supervision ability of investment decision-making stage, design stage, bidding stage and construction stage of construction projects at the same time, and most supervision companies can't reach this level. Combined with the supervision work at this stage, the supervision engineer's work should focus on two aspects: construction bidding management and project contracting contract management, and develop to design supervision.
2. 1 The supervision unit shall be capable of bidding.
The quality of construction bidding is directly related to whether the owner can choose excellent contractors and get advanced construction technology and construction scheme. If the supervision unit can get involved in the construction project from the stage of construction bidding, then it is very familiar with the construction project, the contractor selected by the owner and the construction contract, and its supervision work will be easy to carry out and implement.
2.2 project contract management.
Taking the law as the criterion and the contract as the basis is the principle for the supervision engineer to do a good job in supervision. The final task of the supervision engineer is to manage the project contract. Collect the experience and lessons of international and domestic project management, and master the contract conditions of FIDIC civil engineering construction. Only by being familiar with the contract documents can we manage the project well and realize the overall goal of the project construction.
3. The rights of the supervision unit
The right of supervision unit, that is, the right of supervision engineer, is a sensitive topic, which is easy to cause contradictions between supervision unit and owner, and between contractors. If it is not handled well, it will inevitably lead to confusion in project management. Therefore, the rights of supervision engineers should be clearly defined in the project construction supervision contract, and be distinguished from the following aspects:
3. 1 decision-making power of supervision engineer
Mainly: 1. Audit and sign the project payment within the price range agreed in the project contract; 2. Without the confirmation of the supervision engineer, the owner shall not pay the project payment. 3. Review and confirm the claim; 4. Approve or reject the design and construction subcontractors selected by the general contractor.
3.2 Supervision Engineer's power of examination and approval
Mainly: 1. Approve the contractor's construction organization design or construction scheme; 2. Issue construction commencement orders, shutdown orders and resumption orders; 3. Check the construction quality of materials and equipment used in the project; 4. Check and supervise the construction progress, and sign the actual completion date of the project in advance or later.
3.3 supervision engineer's suggestion right
Mainly: 1. Have the right to make suggestions on related matters and engineering design of the project, rather than modifying the problems found independently. Tell contractors what to do, not how to do it. 3. Have the right to suggest to the owner to replace the unqualified contractor.
4. Problems to be solved in current supervision work
(1) Standardizing the owner's behavior is the prerequisite for the sound development of the "three systems" and the implementation of engineering construction projects.
(2) Supervisors should strengthen the study of contract law, bidding law and other laws and regulations, and manage contracts according to law.
(3) Attach great importance to and strengthen the in-depth study and research on engineering construction supervision contract and engineering construction contract, which is an important foundation of supervision work.
(4) The project payment shall be paid in strict accordance with the payment method agreed in the contract, the engineering measurement shall be compared with the serial number listed in the bill of quantities in the tender, and the engineering change shall be confirmed in accordance with the measurement and pricing method agreed in the contract. Deduction of project advance payment shall be calculated and deducted according to regulations. At present, it is difficult for supervision to do this, but with the diversification of investment subjects, supervision engineers must be competent for this work.
(5) It is necessary to strengthen the study of the Contract Conditions of Civil Engineering Construction of Water Resources and Hydropower and FIDIC Civil Engineering Construction Contract Conditions.
(6) Strengthen the audit of the qualification of subcontractors, and subcontracting is strictly prohibited.
1. Strictly implement the supervision procedures, fill in the "Subcontractor Qualification Submission Form" and ask the owner for appraisal. 2. The general contractor shall assume the responsibility of the subcontractor and be responsible to the owner. The general contractor shall organize the project inspection and fill in the corresponding supervision form, and submit it to the supervisor for acceptance. Generally speaking, the supervisor should not give instructions directly to subcontractors. 3. The supervisor should strengthen the inspection of the subcontractor's site conditions to effectively control the subcontractor. 4. The contractor shall not subcontract the project, and the subcontractor shall not subcontract the project again.
(7) The form of supervision should be standardized and unified. At present, the supervision industry has its own different forms of supervision, and each region has its own form of supervision. The supervision market should have a set of unified supervision forms and a set of supporting supervision application software, just like financial software, which can enable contractors to report in time, and the supervision unit should check and sort it out in time, report it to the owner, and closely contact with other departments of engineering construction.
(8) The contractor should strengthen the study of supervision knowledge, improve the contractor's understanding of "supervision", understand the supervision procedures and requirements, and facilitate the implementation of the project.
(9) Establish a complete supervision talent market, provide qualified supervision engineers for supervision units, select the best candidates, improve the overall level of engineering construction supervision, and make full use of the talents and give full play to the role of supervisors.
Drawing lessons from the engineering consulting practice of western developed countries, in order to improve the status of supervision in China, strengthen its role and promote the development of supervision industry, we should develop in the following directions:
(1) Develop comprehensive supervision. The business scope of supervision service should not be limited to the construction stage, but can be extended to the planning, design, bidding and other stages, and gradually extended to provide owners with more technical services such as investment planning, investment estimation, investment analysis, design follow-up supervision and project agency management.
(2) Reform the charging method. With the expansion of business depth and width, supervision fees can be collected in a variety of more flexible ways to moderately improve the profitability and self-development ability of supervision units. From the previous mode of relying on labor services to collect basic supervision fees, to the mode of relying on brainpower and intelligent services to earn a higher proportion.
(3) Strengthen the legal basis of supervisory power (supervisory measures and means). Supervision has the power of project management and plays a role in construction, mainly from the supervision contract entrusted by the owner, and also from the relevant provisions of national laws, regulations and industry standards. Only with sufficient legal basis can the supervisor have the measures and means of "three controls, two controls and one coordination".
(4) Strengthen supervision responsibility. Only by assuming corresponding responsibilities can supervision win respect and give full play to its role. The responsibilities of construction supervision include civil responsibility, administrative responsibility and criminal responsibility. The supervision unit shall bear civil liability for its breach of contract in the supervision entrustment contract; Take administrative responsibility for its breach of contract and illegal behavior in supervision activities; The legal representative and the person in charge of supervision shall bear criminal responsibility for the serious illegal acts in supervision activities.
Generally speaking, the future supervision should run through the whole process of project construction, providing consultation or supervision design for the owner or the owner's working agent at various stages such as construction planning, design, construction bidding, construction and warranty period, and supervising, managing and controlling the project construction.
Third, the development of supervision industry:
The following mainly discusses the development direction and strategy of supervision industry from two aspects: management and human resources.
(1) management.
At present, due to the influence of China's administrative management system and investment system, supervision enterprises are limited to the supervision of the construction process. This not only violates the original intention of carrying out supervision system in China, but also does not conform to international practice. In order to enhance market competitiveness, improve economic benefits and realize the fundamental transformation of economic growth mode, China's supervision enterprises must change the traditional management concepts and management methods. Therefore, it is very important for the development of supervision enterprises to broaden their business ideas, establish an enterprise management system that meets the requirements of international competition and occupy domestic and foreign markets.
1, diversification:
After China's entry into WTO, the supervision market in China will gradually operate according to the rules of market economy, and the demand of owners is our market. All business activities of an enterprise should start from meeting the needs of the owners and take the owners as the center. At present, the project contracting mode in China is single, which leads to the simplification of supervision work. After China's entry into the WTO, we will have more opportunities to contact the international contracting mode. Therefore, by carefully studying and analyzing the owner's demand for project construction, referring to the mode of international engineering projects, we will carry out consulting business in the early stage of the project, supervision business in the design stage and project evaluation in the later stage, and truly expand the quality control of supervision service, which is mainly limited to the construction stage, to all-round and whole-process project management. It will be our eternal pursuit to continuously expand the business scope, strive to develop high-tech and high value-added products, and provide satisfactory technical and management services for the owners.
2. Scale operation:
China's supervision industry should establish a number of joint-stock supervision enterprise groups with a certain scale and strength through mergers, acquisitions, alliances and other actions, and independent legal persons in the groups should take the form of mutual holding and equity participation to unite assets. According to the principle of scientific and reasonable allocation of production factors, so as to form a strong technical management and technical service capabilities, and achieve economies of scale. This will lay a good foundation for China's supervision enterprises to develop in depth, enhance their competitiveness with well-known foreign consulting and supervision enterprises and occupy domestic and foreign markets.
3. International operation:
China's supervision enterprises should take precautions, abandon the idea of passive waiting, establish a positive concept, actively study and analyze WTO rules, various agreements, regulations and practices in the international supervision market, further improve their understanding of international operation, and analyze and predict the impact of China's entry into WTO on wage consultation and construction supervision market, changes in supervision industry and changes in competitors. Seek cooperation and exchange with well-known foreign supervision enterprises, learn from foreign advanced management experience, be familiar with international competition rules, truly carry out supervision services in accordance with international practices, and improve the competitive management level of China supervision enterprises in the international market.
human resource management
The supervision engineer uses his highly intelligent management technology to serve the owner, and through the control of the three goals of quality, progress and investment, and through the management of contracts and information, the contradictions between all parties are coordinated in time, and finally the supervision work is successfully completed. Therefore, the comprehensive quality level of supervision engineers is the basis of doing a good job in supervision, and it is also the guarantee for enterprises to be invincible in the fierce market competition.
Due to historical reasons, the overall business level of supervision enterprises in China is generally low at present, and most of the existing employees are single in specialty, narrow in knowledge, weak in service awareness, and their comprehensive quality needs to be strengthened. The development of enterprises needs talents to promote. In order to participate in international competition, supervision enterprises in China must formulate long-term and feasible strategic plans for talent development and determine a scientific employment mechanism. Strengthen the training and introduction of high-quality compound talents and establish their own talent advantages. Through the development of human resources, we can mobilize employees' enthusiasm and intelligence, enhance their sense of ownership and establish their sense of belonging to the enterprise, thus reducing the brain drain of the enterprise. At the same time, through the career design of employees, the comprehensive quality of employees can be improved, and different levels of talent structure can be created to meet the development needs of enterprises.
According to our experience, a comprehensive training cycle of supervision engineers takes about 3-4 years, of which 1-2 years is to be familiar with and master the site construction technology and construction management mode, and the other two years are to participate in coordinating complex relationships on site, participating in engineering survey and assisting in handling claims. After such training, the supervision engineer can basically meet the requirements of the current construction market for supervision engineers. In addition, as a qualified supervision engineer, you need to have excellent professional ethics, healthy body, high sense of responsibility and selfless dedication.
Supervision engineers should be compound talents, and must be familiar with construction laws and regulations, project pricing, on-site construction, relevant building materials inspection specifications and construction specifications, and at the same time understand relevant regulations such as design, environmental protection and fire protection. In view of the special requirements for the qualification of supervision engineers, it is necessary not only to assess whether the supervision engineers and supervisors (assistant supervision engineers) can pass the qualification examination, but also to increase the assessment requirements for the service time of on-site supervision. When training and hiring supervision engineers, all units should also take the factors such as on-site service time, organizational ability, communication and coordination ability, leadership ability and so on as the soft indicators of assessment. Make the trained and hired supervision engineers versatile in business. This kind of supervision engineer is put on the site, which is easier to cooperate with the work of the chief supervision engineer and the daily supervision work will be easily completed. It is easy to form the management core in the construction project, which is also conducive to the promotion of supervision work and easy to gain the obedience of the construction unit and the trust of the owner.
refer to
[1] People's Republic of China (PRC) Building Law, 1998.
[2] Code and Regulations for Construction Project Supervision, 2002.
[3] Tian. Construction project management. Beijing: Higher Education Press, 2002.
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