Set up a special contract management organization. Contract management should be placed under the management of enterprise legal advisory bodies, which is determined by the nature of legal advisory bodies and the necessity of professional management. In large-scale construction enterprises with multiple management levels, headquarters at all levels and subordinate enterprises should set up contract management institutions. In the contract management organization of the headquarters of large construction enterprises, according to the different types of contracts, it can even continue to divide professional departments to complete the management work. Enterprises with better conditions should set up personnel with legal advisory qualifications and professional knowledge and experience in engineering technology and construction management as legal advisers in the contract management institutions, so as to facilitate comprehensive and professional audit of contracts and supervision of the performance process.
Formulate and improve the contract management system. From the signing to the completion of the contract, many legal issues are involved, as well as the professional and technical departments of construction and production. Missing a link or making a major mistake may lead to serious consequences. Therefore, rules and regulations must be formulated to ensure that. First, it is necessary to establish the responsibility and authority of the Legal Advisory Department, and determine the relationship and responsibility between the contract supervisor and the co-manager; The second is to establish a system of contract evaluation, drafting, negotiation and approval; Third, it is necessary to establish a system of contract supervisor, contract statement, contract implementation and regular reporting of specified matters; Fourthly, it is necessary to establish the internal audit system of legal affairs of the company; Fifth, it is necessary to establish some procedural systems, such as the legal person authorization system and the contract evidence collection and custody system. Sixth, the responsibility system and reward and punishment system in the process of contract signing and performance.
Contract management should be properly divided. There are many levels of management in large construction enterprises, so we should give full play to the role of the whole contract management system, mobilize the enthusiasm of contract management departments at all levels, and adjust the specific management authority according to different situations. Generally speaking, enterprises should entrust a large number of contract management affairs to departments and subordinate units for normal management through authorization. However, some contracts with large targets, high risks and contracts involving many departments or units should be directly managed by the contract management department of the enterprise headquarters. Enterprise contract management department is responsible for macro, overall, principled and important contract management and comprehensive supervision, while departments and subordinate units are responsible for professional management and contract performance.
Determine the key points of contract management.
Identify important contracts. There are many kinds of contracts in construction enterprises, so strict management should be carried out from the perspective of contract management. However, not all contracts should receive equal attention. In construction enterprises, construction contracts, especially those with large targets and high risks, should be paid enough attention; Subcontracting should also be attached great importance, and many problems have appeared in this regard; Guarantee contracts and large purchase contracts should also be listed as the focus of management.
Identify important contract management departments and units. In construction enterprises, in addition to contract management department, engineering contracting department, project management department, mechanical and electrical materials department, financial department and seal management department will also play an important role in contract management. These departments play an important role in the signing and performance of the contract, and their work quality, management level and working methods will have a significant and far-reaching impact on the signing and performance of the contract. The subordinate construction project department is directly responsible for the performance of the contract, and its significance is self-evident.
Determine the important stages of contract management. The establishment stage of the contract is the focus of the whole contract management work, which directly establishes the rights and obligations of both parties and stipulates the prospects and predetermined goals of future contract performance, which is of great significance. The work level of contract management department and professional department and the decision of leaders all affect the quality of contract signing.
Form a scientific management method
Conduct a three-stage review of the contract. The review shall be presided over by the relevant senior leaders of the enterprise and attended by relevant departments in the form of meetings. In the bidding stage, the contract management department, together with the bidding department, project management department, mechanical and electrical ministry of materials and equipment, and finance department, comprehensively reviews the bidding documents, decides whether to bid, and analyzes the contract risks and difficulties after winning the bid. It is necessary to prevent covering up the real situation and leave hidden dangers for winning the bid. Written materials shall be countersigned by relevant departments and approved by corresponding leaders. In the contract signing stage, the contract management department will review the contract text again with the bidding department and the engineering management mechanical and electrical materials finance department. The key point is to scrutinize the contract text repeatedly, demonstrate the problems found and find out the solutions. It is necessary to comprehensively measure whether the rights and obligations are balanced; Whether the contract is obviously unfair; Whether the owner has concealed important matters related to the contract; Whether the enterprise has the ability to perform the contract and whether it can achieve the purpose of the contract. In the performance stage, the contract management department and the engineering management department will review the project regularly or irregularly according to the construction progress or time limit of the unit, unit project and node, find and correct the existing problems in time, and ensure the full performance of the construction contract.
Establish a review outline. In order to make the review work rule-based, ensure that the review work is scientific and meticulous, and the review effect will not be affected by work omissions, enterprises should establish a contract review outline. The relevant regulations and requirements are listed as outline standards, and the contract contents in each stage are measured by standards. Those who fail to meet the standards will not pass the review and the contract will not be signed to ensure that the contract is always under control. As a mandatory document within the enterprise, the review outline must be strictly examined and approved by the enterprise to ensure its rigidity, operability and stability.
The review outline is divided into three parts: the first part is the veto clause. The contents include national prohibitive provisions, invalid contracts, enterprise strategy, relevant internal prohibitive provisions, etc. * * * Measure the content of the contract. Those who do not meet the above contents cannot pass the review. The second part takes the contents of the contract as the object, and lists the relevant technical and economic indicators, practices and relevant provisions of the enterprise as clauses, aiming at ensuring that the contents of the contract meet the needs of the enterprise to the greatest extent and ensure the interests of the enterprise. Such as time limit for a project, quality, settlement method, reward and punishment amount, etc. This part is related to the competitiveness of enterprises in the market and the negotiation results of owners. Because of the different contract targets, this part of the outline will have multiple versions, which is related to the operation of the enterprise, so it is often in the state of adjustment. The third part is the commitment or other contents made by the enterprise from the needs of market operation. The content of the first part is generally not allowed to be adjusted; The change of the second part needs to be approved by the relevant procedures of the enterprise; The third part is recognized every time. A unified and standardized form document should be established and used in the review process. Review each item one by one, draw a comprehensive and objective conclusion, and be responsible for the review results.
Supervision and audit in performance stage. It is necessary to establish an internal supervision and audit system during the performance of the contract. The supervision and audit work is mainly carried out by the contract management department, with the participation of the engineering management department and other departments, and an internal audit team is formed to supervise and audit the performance of the contract. The internal audit team shall conduct regular or irregular audits according to the performance of the contract, the difficulties, key points and existing problems in the performance, and the complaints of the owner. When auditing, a targeted audit outline can be listed, which can be sent to the audited unit first or directly used for on-site audit. You can send a questionnaire audit outline to the general unit, and the general unit will answer it as required, and then take it back to check if there are any problems. The problems found in the process of supervision and audit shall be submitted to the audited entity for rectification within a time limit. Submit a written report to the decision-making level of the enterprise for the construction project that may lead to the default of the enterprise.
Tasks of Contract Management Department
Fully grasp the present situation of enterprise contract management. Establish a contract ledger, requiring all departments and subordinate units to report the signing and performance of the contract and the performance results in the form of reports. The contract management department shall collect the authentic and reliable contract information extensively through contract report, contract review and contract performance, and carry out targeted work.
Firmly grasp the key contract. We must effectively control some contracts that are big, difficult and risky. Divide the risk level to facilitate the daily management of the contract. According to the reputation of the owner, the difficulty of the project, the external environment, the construction ability and experience of the enterprise, the project progress, the construction cost, etc. , the contract risk level is divided. Can be divided into: normal, certain risk, high risk. Risk management can still be divided into: environmental factors, owner factors and existing factors; Contracts that can be performed, contracts that cannot be performed, contracts that do not need to be continued, etc. Normal contracts need no special attention; Pay enough attention to contracts with certain risks; Pay close attention to high-risk contracts. The contract management department shall establish a list of construction project contract risks and a list of contract risk factors. Contract risk is constantly changing, so contract risk management is also in a state of constant adjustment.
Establish strict and complete working procedures. The signing and performance of the contract should be controlled in an orderly way from the process. It should be ensured that the signing of the contract must pass the audit, and it must be signed and confirmed by the contract management department and relevant departments before signing the contract, and then go through the formalities of signing and approving by the leaders, and finally go through the authorization procedures such as stamping. Establish a responsibility system to prevent links from getting out of control or going through the motions.
Coordinate with professional departments and subordinate units. The contract management department is only one department in the enterprise, and it is inseparable from the support of relevant departments to do a good job in contract management. Especially for the contract review and audit, the contract management department must turn to the professional department to solve and demonstrate the professional problems in the contract. To establish the system of collecting and retaining contract evidence by the construction project department, it is necessary to feed back all kinds of situations in the process of contract performance through the contract supervisor.
Guide the contract management of the project. After signing the contract, the contract management department should guide the project manager to study the contract carefully and give explanation, training and assessment. In the process of construction, the relevant personnel must ask for the procedures stipulated in the contract for the changes proposed by the owner and the supervision unit and the contents of the project outside the contract. Other problems in the construction, which are beneficial to the enterprise, should be recorded, signed and compensated according to the provisions. At the same time, it is necessary to prevent and correct the systematic and regional problems in the contract management of this enterprise, so as to make the whole contract management work run effectively.