Contract management is the core of engineering management. As investors and users of engineering construction projects, colleges and universities should establish a whole process, systematic and dynamic contract management. In view of the present situation and existing problems of contract management of university construction projects, this paper puts forward some measures for contract management of university construction projects. Finally, some suggestions are put forward to strengthen the project contract management of university construction projects.
Keywords university; Construction projects; contract management
With the implementation of the national strategy of rejuvenating the country through science and education, colleges and universities in China have ushered in unprecedented development in recent years. Campus planning and construction has become a hot field of social construction industry. Capital construction workers in colleges and universities have encountered many problems, especially the contract management of construction projects, and legal disputes have arisen in colleges and universities because of unclear contract formulation. Therefore, it is of great significance to deeply analyze the problems existing in the contract management of university construction projects and find corresponding solutions.
1, the present situation and existing problems of contract management of university construction projects
Judging from the present situation of contract management of engineering construction in colleges and universities, the important role of contract management has not been paid attention to, and the technical content of management is relatively low. Although the school has also issued some management documents to standardize contract management, the actual implementation is not ideal. There is no standardized management mode, no professional technicians to manage the contract, or lack of training for contract managers in the signing and execution stages of the contract.
1. 1 The terms of the contract are not standardized and the contract is changed at will.
Many university construction projects do not pay enough attention to the conditions and purposes of bidding, but only take the form to meet the process requirements of bidding. The main purpose is to choose construction enterprises and ignore the signing of economic contracts.
There are too many temporary pricing in the contract price, and the contract cost is not relevant, leaving room for price adjustment artificially. Moreover, there is no corresponding construction change visa management regulations, and visa management is loose and casual.
1.2 Contract signing is not rigorous.
In the engineering construction of colleges and universities, both parties to the contract generally pay insufficient attention to the contract, and they simply do not take the contract as the basis for resolving disputes when signing the contract. In this case, the signed contract lacks operability and integrity. For example, for a project with a long construction period, when the price of some materials fluctuates greatly during the construction period, there is no agreed adjustment method: during the construction period, the market price of some materials, especially bulk main materials, exceeds (decreases) the price agreed by both parties, although it is stated that it can be adjusted, but the scope of adjustment is not stated. For the materials required to be approved by the Employer in the construction contract, for some reason, the contractor did not contact the Employer in time to approve the quality and price of the materials, which led to the Employer's failure to confirm the price of the materials purchased by the Contractor alone, which led to disputes between the two parties during settlement.
1.3 The standard contract text is missing.
The core of the contract is the target price. The price of the construction contract is different from other contract prices, because it may be modified, adjusted and supplemented at any time during the construction process, and many payments are unpredictable. Although the Ministry of Construction and the State Administration for Industry and Commerce have formulated the construction contract (model text), there are many shortcomings in the agreement and adjustment of the project cost as the core part of the economic contract. In particular, there is no unified model text for subcontracts at present. The general contractor, professional subcontractors and subcontractors often shirk their responsibilities, rights and interests because of unclear contract interfaces, which affects the smooth progress of construction.
1.4 Lack of professional contract management talents
Engineering construction projects in colleges and universities are intermittent, the quality of engineering construction management personnel is not high, and professional and technical management personnel are rarely trained and equipped. Once the project is completed, the functional departments can only deploy personnel management. Most schools simply regard contract management as a transactional job, and even directly appoint ordinary office workers to manage contracts. Once a dispute occurs, there will be a lack of necessary legal support.
2. Countermeasures for contract management of university construction projects
2. 1 It is necessary to establish the awareness that all actions in infrastructure management are based on contracts, which should be used in all aspects of project management and managed and implemented by means of contracts and economic means. Both parties to the contract must * * * carry out the contract as planned and achieve the targets set in the contract. Other contents, such as contract changes and contract execution contradictions. , should be in accordance with the "Contract Law", "Construction Law", "Bidding Law" and other relevant laws and regulations.
2.2 According to the specific situation of the project and the realistic socio-economic environment conditions, strengthen contract preparation, adhere to the construction drawing bidding, and avoid and reduce the uncertainty and randomness in the project implementation process to the maximum extent; Strengthen the contract consciousness in project bidding, strive for the completeness and detail of all technical data and site environmental conditions, and enable contractors to participate in bidding competition with minimum risk in a completely fair environment; Strictly formulate contract documents, reasonably determine the project contract scope, analyze possible uncertain events and risks in advance, and take targeted protective measures; The contract price of the project will be increased by 3% on the basis of the bid-winning price as the unforeseen cost of the project. The interests of the contractor will be fully considered and guaranteed, and the contractor will be guided to pay attention to the competition of technical schemes, concentrate on the implementation of the project, and ensure the quality and progress of the project.
2.3 Attention should be paid to the management of engineering contract claims. Claim refers to the fact that during the performance of the contract, one party fails to perform or fails to perform its obligations correctly, resulting in losses to the other party, and the party who suffers losses demands economic or time compensation from the breaching party through certain legal procedures. According to the characteristics of capital construction projects, the current engineering claims are mainly claims for construction period or expenses made by contractors to owners. The following principles should be followed in handling contract claims: claims must be based on laws or contracts; Claims must be based on the objective existence of damage consequences; The claim should be made in an express way, without making any verbal commitment; Strictly follow the claim procedure, explain the reasons, analyze the reasons, be well-founded, reasonable and have a clear legal concept in time.
2.4 train qualified professionals, supervise the contract performance supervision mechanism and evaluation system, strengthen the business guidance of contract management, train qualified contract managers, improve the technical content of contract management, strengthen the training of relevant laws and regulations on engineering contracts, engineering claims and various engineering dispute arbitration and litigation knowledge, popularize the concept of contract management and improve the overall level of contract management.
3. Suggestions on contract management of engineering construction projects in colleges and universities
3. 1 Take organizational measures to implement standardized, institutionalized and standardized contract management, formulate a set of relevant work systems and regulations for contract management, and clarify the organization and procedures of contract management, as well as every work link such as contract drafting, negotiation, review, signing, performance, inspection and cleaning. No matter what kind of contract is involved, we should read and understand it carefully, clarify the rights and obligations of both parties to the contract, and try our best to adopt standardized contract texts.
3.2 To establish the project contract management procedure and realize the whole process and dynamic contract tracking management, we should attach importance to the management of contract signing, strengthen the management of changes, adjustments and supplements in the process of contract execution, and ensure the unity and continuity of contract performance. We must attach importance to the procedures and basis for handling contract changes. In case of major changes, the contract shall be changed at the same time. For those who do not meet the agreement, it is necessary to negotiate in time, sign a supplementary agreement, clarify the corresponding invalid terms and agreements, and dynamically control the contract management of construction projects to truly realize the whole process management.
3.3 Strengthen contract information management. In order to meet the needs of dynamic management of construction projects, the construction contract management information system is established, which can reflect the changes of actual situation in the form of contracts at any time and facilitate the rapid settlement of some disputes and claims in the process of contract management. Comprehensive and scientific management of all kinds of construction contracts signed by various construction projects can not only quickly process all kinds of information in the contracts, but also input the information of newly signed contracts, modify, destroy and query the signed contracts.
4. Conclusion
The core of university construction project management is contract management. To strengthen the management of engineering contracts in colleges and universities, we should start with standardizing contract texts, cultivating contract management talents, establishing dynamic tracking management in the whole process and establishing contract management information system, so as to realize the effective management of engineering construction contracts in colleges and universities.
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