introduce

1999 "People's Republic of China (PRC) contract law" (hereinafter referred to as the contract law) and other relevant laws and regulations have been promulgated and implemented, in order to standardize and improve China's construction market, connect with the international construction market, strengthen the law enforcement of construction projects, ensure the realization of the "three controls" objectives of construction project quality control, investment control and progress control, and improve the contract performance rate and maintenance. However, there are also some problems in the contract management of construction projects, such as the contractor's unclear understanding of relevant laws and regulations, no account books and no special person to manage the contract. The contract management of construction projects starts with the drafting, negotiation, formulation, performance and claim analysis of contract conditions, and carries out scientific, standardized and systematic management of various contracts in construction activities. Through the correct management of the contract, the pre-control objectives of the quality, investment and progress of the construction project are realized, and the legitimate rights and interests of both parties to the contract are fairly safeguarded according to law.

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Importance and significance of contract management of construction projects

Construction contract management is a very important content in market economy and engineering construction management. In the process of engineering project construction, the behavior of its main body will inevitably form various social relations, such as government building management organs, project legal persons (owners), design units, construction units, supervision units, materials and equipment suppliers, etc. Among them, except for the administrative supervision and management of the project construction subject by the government management organs according to laws and regulations, other social relations are completed through the contractual relationship of "contract". The quality, investment and progress of engineering construction activities are all carried out under the adjustment, protection and constraint of contract management. Construction project contract management is characterized by extensiveness and comprehensiveness, and its importance and significance are as follows:

1) requirements of the socialist market economy. An important feature of market economy is to act according to law and encourage free competition. Contract management is the management of legal system (contract law, construction law, etc.). ).

2) Development requirements of modern enterprises. Modern enterprises have clear property rights, clear rights and responsibilities, separation of government from enterprises and scientific management. The construction contract in the construction project contract is an important legal form for owners and construction enterprises to contract projects, an important legal basis for project construction, supervision and acceptance, and a bridge and link for construction enterprises to go to the market. The content of the contract is also directly related to the fundamental interests of both parties.

3) Strengthen contract management and improve the performance rate.

4) Contract management is also of great significance for opening up the international market and connecting with it as soon as possible. China has joined the World Trade Organization.

It is of great practical significance for WTO to quote the international general terms and conditions or FIDIC civil engineering contract terms to regulate the parties to the contract to act according to the contract consciously, so as to open up and open up the engineering construction market, develop the construction industry, earn foreign exchange for the country, save construction funds, and comprehensively improve the level of engineering construction and management. 2

Types of construction contracts A project, especially a large and medium-sized project, needs to go through a very complicated process from project initiation to putting into use. In this process, there may be many contracts, but mainly the following:

1) survey and design contract of construction project: an agreement between the project legal person (owner, developer) and the survey and design unit (contractor) to define the rights and obligations of both parties in order to complete certain survey and design tasks. The main contents include the date, quality requirements, expenses and other cooperation conditions for submitting relevant basic materials and survey and design documents (including budget estimates). Regulations on management of survey and design of construction projects (the State Council No.293), Regulations on management of qualification of survey and design units of construction projects (1997 65438+February 23rd, Ministry of Construction), Measures for quality management of survey and design of construction projects (J.J. [2000] 167) and Regulations on management of market of survey and design of construction projects.

2) Entrusted supervision contract of construction project: an agreement that the owner hires a supervision unit to supervise and manage the construction project on his behalf, and defines the rights, obligations and responsibilities of both parties. This agreement is referred to as the entrusted supervision contract for construction projects. Its main contents include the object of supervision, the rights, obligations, responsibilities, remuneration, liability for breach of contract and dispute resolution, and its main feature is highly intelligent technical services. Provisions on Engineering Construction Supervision (Jian Peijun [1995] No.737), Trial Measures for Qualification Management of Engineering Construction Supervision Units (Ministry of Construction Order No.0/6) and Notice on Issuing Relevant Provisions on Engineering Construction Supervision Fees (State Price Bureau and Ministry of Construction (92) No.479) are the main legal basis of the supervision contract.

3) Construction contract: A construction contract is a contract in which the contractor carries out the construction and the employer pays the price. The main contents of the contract include project scope, construction period, start-up and completion time, project quality standard, project cost, delivery time of technical data, supply of materials and equipment, quality warranty scope and warranty period, terms of mutual cooperation between the two parties, etc. Its main legal basis is the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Regulations on the Quality Management of Construction Projects (Order No.279 of the State Council), the Measures for the Administration of Construction Permit of Construction Projects (Order No.71of the Ministry of Construction), the Regulations on the Administration of Qualification of Construction Enterprises (Order No.48 of the Ministry of Construction) and housing construction projects. Combined with China's specific conditions and FIDIC (International Federation of Consulting Engineers) civil engineering construction contract conditions, the Construction Project Construction Contract Text (2000) promulgated by the Ministry of Construction and the State Administration for Industry and Commerce is a model contract for construction management and equipment installation of various industrial and civil buildings.

4) Construction engineering material purchase contract: A construction engineering material purchase contract is an agreement between natural persons, legal persons and other organizations with equal subjects to conclude, change and terminate their rights and obligations for the purchase and sale of construction engineering materials, which is generally divided into material purchase contracts and equipment purchase contracts. Its main contents include detailed agreement between the two parties, contract price, technical standards and quality standards, purchase quantity and measurement methods, packaging methods, payment methods and methods, delivery period, liability for breach of contract and other terms. Its legal basis includes "Construction Law", "Bidding Law", "Standard Provisions on Bidding Scope and Scale of Engineering Construction Projects" (Order No.3 of the State Planning Commission) and local regulations.

5) Other contracts: processing contracts, technology contracts and lease contracts are all involved in the contract law, which should be

It is used less, so I won't go into details here.

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Contents of contract management of construction projects

1) Establish contract management system and management system, and establish and improve contract management files.

2) Management before the conclusion of the contract. Take a serious and strict attitude, do a good job in market forecasting, credit investigation and investigation of the corresponding conditions that should be met before the conclusion of the contract.

3) Management in the process of contract signing. Concluding a contract is a legal act, and both parties should carefully formulate the terms of the contract according to the facts, so as to make the contract legal, fair, comprehensive, clear and effective.

4) Management in contract performance. Carefully analyze and track the implementation of management contracts, and handle engineering claims and contract disputes in a timely manner.