On this basis, the basic rights and obligations of the employer and the contractor are defined, and both parties perform their respective obligations and enjoy corresponding rights according to the contract. For example, the employer must ensure that the project is completed on time and pay the project progress payment on time according to the contract requirements; According to the relevant agreement, the contractor must implement the project in accordance with the contract, ensure the construction progress and hand over the qualified engineering products to the employer on time. The contract treaty is the code of conduct that both parties abide by together, and it is the legal guarantee for both parties to agree on each other's rights and obligations.

3. In the process of project implementation, the contract is the legal basis for dealing with various contradictions and disputes. Contradictions, disputes and frictions will inevitably arise between Party A and Party B in construction cooperation projects, and various agreements and commitments of the contracting parties in the contract are the main standards and measures to solve the problems, and the best scheme and method to solve the disputes can be found. Therefore, the contract can eliminate the resistance of disputes and ensure the smooth development of the construction period.

Second, the current outstanding problems in the contract management of power engineering

Power engineering construction has the characteristics of long construction period, many sub-projects and many construction units and personnel, and its complexity determines the difficulty of contract management. At present, the power engineering market system is not perfect, and many market behaviors are not standardized, which makes there are still many problems in power engineering contract management, mainly in the following aspects:

1. Irregular contract text.

The model text of construction contract formulated by the state emphasizes the obligations and rights of both the employer and the contractor more objectively and comprehensively. However, at present, many construction contract texts have less constraints on the owner and too many constraints on the contractor, and the rights and obligations of both parties are seriously unequal. Owners have more initiative in the market, and it is easy to pass on project risks, which is also a controversial aspect in the process of contract execution.

2. The terms of the contract are not standardized.

Because the language and expression of the contract are not careful enough and there are many loopholes in the terms of the contract, it is easy for both parties to misunderstand or have ambiguity about the contents of the contract, which will lead to disputes and disputes. For example, the agreement on the use of safety and civilized construction measures is not clear, and contractors are often unwilling to invest more in the cost budget, which brings certain difficulties to the management of safety and civilized construction. Therefore, there are deficiencies and defects in the formulation of the contract text, which will bring unnecessary troubles and contradictions to both parties.

3. The project bidding management cannot be closely related to the construction contract management.

Project contract management is inextricably linked with project bidding, which is the legal basis for effectively controlling the rhythm of construction period, project quality and capital investment. In practical work, the management of construction contracts and the preparation and management system of bidding documents belong to different functional departments and teams within the enterprise. Once the contractor signs the construction contract after winning the bid, the contract is only communicated to the project management department as a routine document, and the technical disclosure is perfunctory, which eventually leads to the disconnection between the implementation of the construction contract and the bidding management.

4. The construction contract is inconsistent with the bidding documents and bidding documents.

The tender document is the offer of the construction unit to the employer, and the bid-winning notice of the employer is a written commitment to the successful bidder. On this basis, the employer and the winning bidder sign the contract, and the tender documents, tender documents and bid-winning notice are all part of the contract documents. Therefore, the tender is one of the important documents for signing a project contract. However, by virtue of their position as buyers in the market, some owners either increase the extra payment, or delete some unfavorable clauses from the contract, or demand the construction enterprise to undertake all projects regardless of risks, which makes the final construction contract deviate from the bidding documents and bidding documents and brings hidden economic losses to the winning bidder.

5. It is very difficult to claim compensation for contract.

The low incidence of construction contract claims in China does not mean that the construction contract has been fulfilled in place. In fact, it is often encountered that the owner does not apply for a visa according to the contract, which increases the extra project cost for the contractor, reduces the profit and increases the business risk. Nevertheless, in order to maintain continuous cooperation, many construction units often choose to give up the right to claim compensation according to the contract, so as not to damage the relationship with the owners. Although there are relevant laws and regulations on China's electric power construction market in the Bidding Law and the Contract Law, local governments also require that construction projects with a certain amount or more must be handled in accordance with legal procedures and regulations. However, some projects have not been submitted for construction or invited for bidding; Or tender first, and then apply for construction; Or illegal acts and situations determined openly or secretly. As a result, there are many bad phenomena in the current electric power construction engineering market, such as requiring contractors to pay the project funds, time limit for a project, reducing costs and so on.

Third, the countermeasures against the above problems

In view of the above problems, the following countermeasures are suggested:

1. Re-formulate the contractor qualification examination method to maintain the balance between supply and demand in the construction market.

By raising the threshold of qualification examination and strictly implementing the contractor access system, on the one hand, the construction level of the construction team can be improved and the project quality can be guaranteed; On the other hand, it can control the number of construction legal person units, solve the problems of imbalance between supply and demand and excessive competition in the current market, ensure the equal status of both parties in the market, and fundamentally put an end to price-cutting behavior.

2. Make clear the relationship between internal construction contract and bidding management, and correctly treat the relationship between construction contract and project bidding.

It is suggested that the contractor and the employer should set up a professional contract management team within the enterprise, scientifically and reasonably set up institutions, create posts and responsibilities, and build a high-quality team to ensure the quality of contract management; Establish a strict review mechanism and implement strict contract review discipline to ensure that every contract can go through a strict, detailed and comprehensive review procedure before signing; Earnestly implement various risk prevention measures, avoid potential mistakes and risks to the maximum extent, and minimize and avoid contract breach.

3. Establish and strengthen the legal awareness of contracts, and constantly standardize the signing and performance of contracts.

The project construction contract clearly stipulates the rights and obligations of both parties and has strong legal binding force. Therefore, when signing a contract, we can introduce legal institutions to participate in the formulation and post-management of the contract, give full play to the advantages of legal institutions in being familiar with legal provisions and relevant national policies, and strictly control the signing and performance of the contract. This not only improved the quality of contract signing, but also strengthened the management of construction contract, standardized the visa behavior in the construction process and reduced unnecessary contradictions and disputes, thus ensuring the smooth development of the project.

4. Introduce risk management into construction contract management and strengthen contract claim management.

Contractors in China's engineering market are not aware of contract claims and lack the motivation to pay attention to and understand claims. Engineering contract is an important legal basis for claim, and claim is the cornerstone to ensure the smooth management of the contract, an effective means to resolve disputes between the two parties to the contract, and a legal norm to bind both parties to earnestly perform their obligations. The rational use of construction contracts can effectively avoid risks such as project schedule delay, quality decline and unrealistic cost, and can fundamentally reduce contradictions and disputes between contractors and reduce economic losses caused by non-engineering factors. Before signing the contract, the contractor should carefully understand all the rights and obligations stipulated in the contract, consider all kinds of intuitive and potential unfavorable factors, analyze the probability of contract change and claim, fully predict every possible contract risk, and prepare the most effective contract management strategy and claim strategy. Therefore, the contractor should pay attention to the collection and preservation of any information and evidence related to contract claims in order to prepare for possible claims.