Construction contract management of architectural engineering (1)
On the management of construction contract of building engineering
Abstract: Construction contract plays a very important role in engineering construction. It is the highest basis for code of conduct and mediation in construction. Therefore, strengthening contract construction and contract management is very necessary for project quality control and project safety management. This paper analyzes the problems existing in contract management of construction projects, and puts forward specific measures for contract management.
Keywords: construction engineering; Construction contract; contract management
cite
As a code of conduct with legal effect, contract restricts the behavior of the employer and contractor of construction projects to a great extent, and also clarifies the responsibilities and obligations of both parties. Any party who violates the contract during the construction period shall bear corresponding legal responsibilities. Therefore, we must constantly standardize the contract management of construction projects, optimize the contract management scheme, and make all engineering activities under the supervision of law.
1 Main problems existing in current construction contract management of building projects
Building construction itself is a very complicated behavior, so the related contract management is a huge and complicated project. The following figure shows the contract system in the process of engineering construction. As can be seen from the figure, if effective measures are not taken in the process of contract management, many problems and contradictions will inevitably arise. Its main problems mainly focus on the following aspects:
1. 1 The signing of the construction contract is not standardized, and some contracts are in obviously unfair.
(1) Is it because there are many contractors, or the employers of both sides have a weak legal awareness? Good relationship? , leading to the hasty conclusion of the contract, the contract content and procedures are extremely irregular. When the project is implemented, once the economic interests are involved, the lack of clauses in the construction contract that restrict the behavior of the other party will eventually lead to the occurrence of project disputes. Even if a contract is concluded, it is not strictly in accordance with the contract. Everything is? Relationship talk? At the same time, most project management organizations do not set up contract management departments, lack effective contract management systems and specific operating procedures, and can't track projects in time and effectively manage dynamic contracts, which leads to obvious unfairness in the conclusion of some contracts. According to the contract law, the rights and obligations of both parties to the contract should be equal. However, the actual situation is that most construction contracts are beneficial to the contractor, and there are few restrictions on the employer, such as breach of contract and compensation, and there is also a lack of effective punishment measures.
1.2 The contract management is difficult, and the claim work is difficult to realize.
Due to various loopholes in social conditions and market economic system, contract management in the construction industry is difficult, and the construction industry is an industry with frequent claims. First of all, construction enterprises generally lack contract management talents, and construction contract management itself is a huge and complex system, which is extremely difficult to manage. Secondly, there are various problems in claims settlement. Claim is a supplement to contract defects, which gives victims the right to recover losses reasonably and is also an effective means to make up for engineering losses. Its essence is the redistribution of the proportion of project risks undertaken by both parties to the contract. The following figure is an example of manageable risk allocation, which can clearly see the risk-taking situation of all parties (note: * * * * The contractor bears the cost and the owner bears the time). However, at present, the market competition is fierce, and there are many unreasonable places in the contract, which greatly interferes with the claim work.
2. Suggestions to solve the problems existing in the current construction contract management
2. 1 Improve the contract management system
The subject of contract management is people. Therefore, it is necessary to improve the professional quality of contract managers, train and educate the current contract managers, enhance their contract management awareness, and select managers with modern management awareness, proficiency in contract laws and regulations, familiarity with the whole process of project implementation and rich practical experience to take important positions in contract management. On this basis, we should improve the contract management system, mainly including the following aspects: ① Responsibility decomposition system. Contract managers should be responsible for dividing the responsibilities of various contract events into working groups, so that they can have a detailed understanding of their respective work scope and responsibilities, so that each engineering group can perform its duties. (2) the contract disclosure system. After signing the contract, organize the contract manager to make a contract disclosure to the person in charge of the working group, so that the staff can understand the contract and the specific work flow. ③ Daily work submission system. Establish a daily work submission system, and each functional department shall submit daily work situation and work plan, so that relevant departments can grasp engineering information in time, avoid risks, find problems and take timely measures to solve them.
2.2 the implementation of the construction contract model text system.
At present, many contracts in the construction industry are a mere formality, perfunctory, extremely irregular in content, and the responsibilities and obligations of both parties to the contract are not specified. Therefore, it is necessary to vigorously promote the model contract text system to standardize and unify the construction contract. On the one hand, this system helps the parties to be familiar with relevant laws and regulations, so that the signing of construction project contracts meets the requirements of legal norms and avoids the problems of obviously unfair and illegality; On the other hand, it is convenient for the contract management authority to strengthen supervision and inspection, improve the contract performance rate and maintain the order of the construction market. According to the Standard for Construction Bidding Documents, it is stipulated that the bidding documents should be compiled according to the nature and characteristics of the construction contract rather than the industry, and the general terms are systematically stipulated in combination with the actual situation in China. In the future, we should strengthen the implementation of the model contract text and improve the quality of the contract.
2.3 Regularly supervise and inspect the performance of the contract.
In view of the characteristics of the construction industry itself and the limitations of the market economy system, although the conclusion of construction contracts is sometimes in line with the norms, many people do not abide by them in the later implementation process, so it is necessary to strengthen the supervision of contract performance. The inspection contents include three aspects: ① to supervise the strict performance of the contract by all parties; (2) check the changes in the construction process, such as time limit for a project design, contract content, etc. If there are any changes, the procedures should be improved and the changes should be clearly made in the form of contracts; ③ Focus on monitoring the contract execution process, such as correspondence, notices and other documents between the two parties. If there is any breach of contract, report it in time and solve it.
3 case analysis of construction contract management of building engineering
3. 1 case overview
A building project is a 1 commercial and residential building, 12-storey frame structure with a construction area of 9950m2. The owner has provided three links and one leveling (water supply, electricity supply, access and site leveling), and the funds have been put in place, and the construction permit has been obtained, which basically meets the construction conditions. This project adopts the way of direct negotiation with the joint-stock company, and adopts the lump sum contract with the unit price of 880 yuan/m2. After the project started, the project basically progressed smoothly. After the completion of the masonry project six months ago, due to the low contract unit price, the prices of main materials such as steel bars rose too fast during the construction period, and the work was stopped. Because the joint-stock company did not consider the risk of material price increase, the contract price was set too low, so it is suggested that the owner adjust the contract unit price according to the actual price increase level of steel bars. The owner disagreed and re-selected the construction company to enter the site for construction, and the joint-stock company finally resorted to the law.
3.2 Contract Management Case Analysis
In this case, due to the rising price of building materials, the construction unit requested to adjust the contract price. After investigation, the sixth chapter of the civil contract makes the following provisions:
(1) The billing area of this project is 9950m2, the contract cost is tentatively set at 8.756 million yuan, and the unit price is 880 yuan /m2.
(2) All kinds of taxes and fees payable by Party B as stipulated by the state have been included in the project cost and shall be paid by Party B..
(3) On the basis of the construction drawing design determined in the contract, if the cost change caused by the construction project change is within 2%, it will not be considered at the time of settlement; When it exceeds 2% and the engineering quantity increases (projects other than visa projects, drawings and accessories), the following charging standards will be adopted: civil engineering and installation will be calculated at a price lower than 30% of the total price of the local three types of projects, and the material price difference will be calculated at the market price difference in the current season during the construction period. This clause does not explicitly stipulate the factors that affect the contract price, such as rising material prices, but considering that this contract is unit price contract, the construction area is calculated according to the actual situation. The price increase belongs to the risk of the joint-stock company, which should be considered in the lump sum unit price when negotiating the bid, and there is no objection in the process of signing the contract. Therefore, the owner does not agree with this claim, because the budget preparation basis is unreasonable and the reasons are sufficient. In the negotiation, the joint-stock company has given preferential treatment to the owner in consideration of its own strength, and can only follow the contract unit price level instead of simply referring to the method of increasing project settlement.
The negotiation between Party A and Party B failed, and finally Party B brought a lawsuit to the local people's court. After trial by the local people's court, the final judgment is as follows: Party A and Party B terminate the contract. Party B can prepare the budget by increasing the project settlement, but it should consider the preferential ratio, that is, the ratio between the budget price and the contract price, and calculate according to the quantities confirmed by both parties and the supervisor, and finally confirm that the completed project price is 6002 1600 yuan.
Party A re-introduced other construction companies, and signed a supplementary agreement price for the remaining projects after negotiation, which was higher than the original contract price, and it was a waste of time and affected the construction period during the litigation. Therefore, we must strengthen contract management, predict possible situations, clarify responsibilities and avoid contract disputes.
4 conclusion
With the development of China's real estate industry, there are more and more construction contract disputes and more complicated cases. Construction contract is one of the important contents of project management, so it is necessary to discuss and study the disputes and contract management of construction contract, strengthen the management of construction contract and promote the long-term stable development of construction industry.
refer to
Yao, Fan Yuefeng. On contract management of construction projects [J]. Development of building technology, 20 10(02).
[2] Yang Haiyan. Analysis on the present situation and countermeasures of construction contract management [J]. Manager, 20 1 1( 17).
[3] Bai Xiangdong. How to deal with construction contract disputes [J]. Chinese and foreign entrepreneurs, 20 10(22).
Construction Contract Management of Building Engineering (2)
On the management of construction contract of building engineering
A construction contract is an agreement between the construction unit or the general contractor and the construction unit to clarify the mutual rights and obligations of both parties in order to complete the agreed construction and installation project. Construction contract management is one of the important contents of project management. Based on the experience of engineering practice, this paper analyzes the problems existing in the contract management of construction projects, and finally puts forward some countermeasures and suggestions to standardize the contract management of construction projects.
Keywords: construction, contract management, problems, countermeasures, suggestions
1, construction contract overview
Definition of 1 and 1
A construction contract is an agreement between the employer and the contractor to determine the rights and obligations of both parties in order to complete a specific project. As a kind of construction project contract, it, like other contracts, should follow the principles of voluntariness and equality, and its goal is to turn design drawings into construction products that meet the employer's expected investment objectives such as function, quality, schedule and investment.
Functions of 1 and 2
The construction contract of construction project has the characteristics of taking real estate as the contract object, which is influenced by natural conditions, geological and hydrological conditions, social conditions and human conditions, and has the characteristics of long construction period, complex structure, large volume, heavy workload, large amount of materials and many subjects involved in contract performance.
After the signing of the construction project, both parties to the contract will form a certain economic relationship and legal effect. The economic responsibilities, interests, rights and obligations stipulated in the contract must be strictly observed and performed by both parties and shall not be violated. But fundamentally speaking, the interests of both parties to the contract are inconsistent, which will easily lead to conflicts of interest in the process of project construction, and lead to inconsistent, uncoordinated and contradictory behaviors of both parties in project construction and management.
2. The main problems existing in the construction contract management
2, 1 contract consciousness is not strong.
Construction enterprises have a weak sense of contract and do not strictly follow the contract. After problems arise, we can't do things according to the contract, but we are used to looking for leaders to coordinate, and even the legitimate demands can't be justified.
2, 2 contract management evacuation
Performance in the absence of contract management department, the lack of professional contract management personnel. Most project management organizations do not set up contract management departments, lack feasible and effective dynamic contract management systems and specific operational procedures, and cannot track projects in time and effectively manage dynamic contracts. Contract management is highly intelligent, involving the overall situation, and it is also a professional, highly technical and extremely complicated management work, which requires high quality of contract managers. The lack of management talents has greatly affected the improvement of contract management level of construction enterprises in China.
2, 3 the problem of breach of contract
? Breach of contract? It means that the employer selects the contractor through public bidding in the tangible construction market, and signs a construction contract with the winning contractor according to the requirements of the bidding documents and the bid-winning notice. Formal contract? ; In addition to the tangible construction market, sign a contract or supplementary agreement with the contractor separately. The contract has not been reviewed and filed by the construction administrative department, but it has been recognized by both parties in actual construction activities. What is this called? Informal contract? . All kinds? Breach of contract? Although the forms of expression are different, they can be summarized? Yin contract? Mainly in the following aspects. Yang contract? The difference is obvious: the employer uses his dominant position in construction project contracting to transfer part of his risks to the contractor.
2, 4 contract claims are difficult to achieve.
Due to the changes of social conditions and natural environment, the highway industry is an industry with frequent claims. The right of claim is the right given to the victim by contract and law, and it is also the supplement of contract defects. Its essence is the redistribution of the proportion of project risks undertaken by both parties to the contract. For contractors, engineering claim is an effective means to safeguard their legitimate rights and interests and make up for engineering losses. However, due to too much administrative intervention in the expressway market, there are many interference factors in the claim work, which makes it difficult to claim compensation for contracts, and contractors are often victims.
3. Countermeasures and suggestions for standardizing construction contract management
3. 1 Pay attention to the negotiation and signing of the project contract.
When signing a construction contract, you should read the contract text carefully and master the laws and regulations related to the highway engineering construction contract. Seriously study the terms of the contract, combine the characteristics of the project and the parties' own situation, imagine possible problems in performance, and put forward solutions in advance. The wording of the contract terms should be accurate, and the obligations, responsibilities and rights of the employer and the contractor should be clearly written. Never leave loopholes in the terms of the contract due to inadequate preparation or negligence, which will bring difficulties to the performance of the contract and cause losses to the legitimate rights and interests of the construction unit.
3. 2 An organization with contract management as its core should be established.
Both the employer and the contractor should strengthen the awareness of contract law and contract management, set up their own specialized contract management institutions, attach importance to training professional contract management personnel, establish a strict construction contract management system, and gradually establish an organization with contract management as the core. In the process of signing the construction contract, both parties should carefully review the legality and rigor of the contract, reduce the factors causing disputes when signing the contract, control the contract disputes to a minimum, make contract management run through the whole process of contract signing and construction management, and ensure the full performance of the contract.
3. Three main points that should be paid attention to in contract execution
It is necessary to coordinate and handle all aspects of the relationship, so that there is no contradiction between the relevant contract and the various engineering activities stipulated in the contract, so as to ensure the orderly and planned implementation of the project; Strengthen the supervision and tracking of the construction contract, do a good job of visa confirmation for the increase or decrease of engineering quantity and change according to the time agreed in the special terms and conditions, especially the acceptance visa for concealed works, clearly record the construction period and expenses, reduce disputes caused by various reasons, and ensure the smooth progress of the project construction. Strictly abide by the subject matter, quantity, time limit and price agreed in the project contract, and manage the performance of warranty terms; Do a good job in sorting out and saving engineering visas, records, agreements, supplementary contracts, memos, letters, charts, etc. Apply modern management methods, establish and use computer networks, supervise the performance of contracts, and use legal means to ensure that the quality, investment, construction period and safety of the project are realized as planned.
3, 4 to strengthen the management of construction contract claims.
Doing a good job of risk prediction, control and transfer in the highly competitive construction market can minimize the probability of risk occurrence and the resulting losses. Introducing the project guarantee system into the contract can appropriately transfer the risks of both parties to the contract. Construction contract is the basis of claim, and claim is the continuation of contract management, a special method to solve contract disputes between the two parties, and a powerful constraint means to restrict the two parties from earnestly performing their contracts. In contract management claims, we should pay attention to: before signing the contract, we should fully consider all kinds of unfavorable factors to create claims opportunities for contract performance; Clarify the rights and obligations stipulated in the contract, predict the contract risks, analyze the possibility of contract change and claim, and adopt the most effective contract management strategy and claim strategy; During the whole performance of the contract, we should analyze and study the actual situation and laws and regulations of the construction site at any time, so as to reasonably perform the contract, protect our legitimate rights and interests, and try our best to create a good legal atmosphere for contract management.
4. Conclusion
As an important part of quality control, schedule control and cost control in construction, contract performance should be actively managed, and the project manager should be organized to learn the terms of the contract, be familiar with the main contents of the contract, the scope of the project, responsibilities, rights and obligations, analyze all kinds of breach of contract, fully perform according to the terms stipulated in the construction contract, and promote the completion of the project with good quality and quantity.
Construction Contract Management of Building Engineering (3)
Discussion on contract management in water conservancy project construction
In the construction of water conservancy projects, doing a good job in contract management is conducive to ensuring project quality, maximizing investment benefits and standardizing the construction market of water conservancy projects. However, due to the lack of attention of contractors and contractors to construction contracts, contract management has not developed substantially. This paper expounds the concept, function, main problems and measures of contract management of water conservancy project construction.
Since the founding of the People's Republic of China, the state has intensified its efforts to control large rivers, and many flood control projects have been put on the agenda. Moreover, the market economy can be said to be a contract economy from a certain angle. In order to standardize the water conservancy construction market, ensure the engineering quality and maximize the investment benefit, water conservancy construction should strengthen industry management, especially contract management, which is one of the key factors for the success or failure of water conservancy construction projects.
1. The concept of contract management for water conservancy project construction
Water conservancy project construction contract (hereinafter referred to as construction contract) is the whole process management of signing, performance, alteration, claim, dissolution, dispute settlement, termination and evaluation of all relevant technical and economic contracts that occur or involve in water conservancy project construction. The construction contract is a contract signed by the project legal person (the employer) and the contractor (the contractor) in order to better complete the agreed water conservancy project construction and clarify the rights and obligations of both parties.
Construction contract management refers to some legal and administrative measures taken by water conservancy construction authorities and corresponding financial institutions, supervision units, construction units and water conservancy construction contracting enterprises to protect the legitimate rights and interests of contract parties from infringement, deal with some contract disputes, sanction and prevent illegal acts and ensure the implementation of contracts and rules and regulations.
2. The role of contract management
As an important basis for binding the rights and obligations between owners and contractors, contract management has become one of the key factors for the success or failure of enterprises. The role of contract management is as follows:
First, the contract management was signed by both parties on the premise of honesty and mutual equality, which greatly promoted the feasibility of the project.
Second, both parties to the contract can use the signed construction contract to supervise each other in the construction, thus providing conditions for the smooth performance of the contract.
Third, through the management of the construction contract, the rights and obligations of all parties to the contract can be ensured to be implemented.
Fourth, because of contract management, it can enhance the consciousness of the parties to the contract, mobilize the enthusiasm of all parties to the construction, and thus safeguard the legitimate rights and interests of the parties.
3. The main problems existing in the current contract management of water conservancy projects
(1) The contract terms are too simple to effectively bind both parties.
The imperfection of the contract terms is mainly reflected in the simple bidding of the project, which makes the invitation and commitment not the basis for signing the contract. Sometimes, both parties to a project contract do not use a model contract, but only form a contract through mutual agreement. In many cases, both parties to the contract don't have enough experience and in-depth analysis of the project, so that the contract agreed by both parties can't involve all the problems of the project, which leads to some unsolvable problems. This will cause one party to the contract to fail to honor its promise. In the process of construction, it often happens that material suppliers can't supply materials in time or can't supply them for various reasons, which makes the project in a passive situation or even unable to start construction; What's more, the construction contractor does not conform to the contract in terms of personnel qualification, equipment quantity, type and work arrangement, and some differences are even huge; All these make the promises in the bidding unable to be fulfilled, which has a negative impact on the implementation of the project.
(2) Construction contract management is out of touch with project bidding management.
Bidding management and construction contract management are intrinsically linked. However, when the construction unit prepares the tender documents? Technical standards? 、? Business standards? Subordinate departments are usually the development departments of the construction units. However, the completion of the development task indicators issued by the construction unit to the development department every year is directly linked to the year-end bonus of the development department, which leads the development department to unilaterally pursue the winning rate of the project, regardless of whether it can bring benefits to the enterprise after winning the bid, or even win the bid at a low price. After winning the bid, the construction unit (project legal person) signs a construction contract with the winning contractor, and the contract is forwarded to the project management department in the form of a document to start concrete implementation. For construction contracts and related technical disclosure, there is usually no actual action, just a formality. The construction unit does not track the progress of the construction contract, but puts it in the cabinet after signing it, which leads to a serious disconnect between contract management and bidding management.
(3) Illegal subcontracting or subcontracting occurs from time to time, which makes it difficult to perform the contract smoothly, and even some terms are directly invalid.
Although in the contract law, it is forbidden for the contractor to subcontract all the contracted construction projects to others, or to dismember the contractor's own construction projects and subcontract them to others in the name of subcontracting. However, in practice, some units still fail to fulfill these laws and regulations, and illegal subcontracting and subcontracting still exist, which makes it difficult to perform the project contract signed during bidding, the quality of the project can not be guaranteed, and various debt disputes occur, resulting in the failure to complete the project on schedule, delaying the construction period and adding a lot of trouble to contract management.
4. Measures for the administration of water conservancy project construction contracts
(1) set up a special contract management organization, equipped with special management personnel for management. The construction contract should be managed by the construction administrative department, and the contract management organization should also establish the contents of contract construction and contract management between the two parties.
(2) popularize legal knowledge and conduct legal management according to law. In particular, both parties to the contract must have sufficient legal knowledge in drafting and signing the contract. The laws and regulations of China's construction industry are gradually improving, and both bidding enterprises and bidding enterprises should have certain legal knowledge. This requires both parties to be familiar with all the terms of the contract and attach importance to the value of the contract.
(3) Establish and improve the target system of contract management. The ultimate goal of contract management is to ensure the engineering quality and improve the economic benefits of enterprises. Contract management urgently needs to establish a clear management objective system. The construction of management objectives can be divided into different periods and stages. At the same time, the construction contract management evaluation system is established to effectively supervise and manage the contract managers and improve their management level.
(4) Strictly adhere to the contract review system. Contract review generally includes: the contract content does not meet the requirements of laws and regulations, whether it violates laws and regulations; Whether the terms of the contract involve every problem of the project, etc. At the same time, the bidding work should not only see the interests of the department itself, but also consider the corporate reputation, project investment, technical equipment and finance of the construction enterprise.
(5) Engineering changes are strictly prohibited. In today's society, there is fierce competition in any industry, and claims are commonplace in all industries. In the construction of water conservancy projects, because the engineering construction enterprises regard the claim for winning the bid at a low price as common sense in the industry, they must strictly and carefully review the engineering change procedures, do a good job in the feasibility analysis and design review of each change, and prevent the resulting claims.
(6) Promote the use of standard contract templates. The water conservancy project construction market has its own model construction contract. Because the content of this model contract is clear and unique, it is difficult for the treaty to be ambiguous, thus avoiding unnecessary disputes. At the same time, the model contract clarifies the rights and obligations of the employer and the contractor, effectively preventing the occurrence of contract omissions, omissions and unequal clauses.
(7) Properly handle the relationship between the owner and the contractor. As a contract, Party A and Party B, the contractor and the owner (the construction unit) have an equal relationship. The relationship between the two parties directly affects the quality and benefit of the project. Therefore, both parties to the contract should build a harmonious cooperative relationship, create a relaxed and good working atmosphere and use the construction contract to safeguard their legitimate rights and interests.
5. Conclusion
Today's society is a legal society, and all fields of society should attach importance to the law and learn to use it to safeguard their legitimate rights and interests. As both parties to the water conservancy project construction contract, the contractor and the employer should pay attention to the management of the construction contract. The management contract is closely related to the interests of both parties. Doing a good job in contract management can make the construction market more standardized, ensure the quality of the project, and maximize the benefits of the funds invested in the construction project.
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