Basic knowledge of contract management of construction supervision project

Basic knowledge of contract management of construction supervision project

The project supervision unit shall supervise the project quality on behalf of the construction unit in accordance with laws, regulations and relevant technical standards, design documents and construction project contracts, and assume the supervision responsibility for the project quality. The following is the basic knowledge of contract management of construction supervision projects that I brought to you. Welcome to read and browse.

Conclusion of construction contract

I. Contract documents

1. Composition and interpretation sequence of contract documents: contract agreement, bid-winning notice, bid letter and bid letter Fu Lin, special contract terms, general contract terms, technical standards and requirements, drawings, priced bill of quantities and others.

2, the meaning of several files:

1), bid-winning notice: indicate the contracted construction bid section, bid price, construction period, project quality standard and the name of the winning bidder's project manager. When performing the contract, the project manager must be in place;

2) Tender letter and appendix to tender letter: it is only a commitment document placed on the front page of tender documents to ensure that the bidder signs a contract with the employer after winning the bid, provides performance guarantee as required, and completes the construction task on schedule;

Second, the content of the contract needs to be clear.

1, scope of construction site and temporary land for construction

2. Time limit and quantity of drawings provided by the Employer

3. Materials and engineering equipment provided by the Employer;

4. Scope of abnormal weather conditions: The employer is responsible for abnormal weather conditions; The impact of adverse weather conditions on construction belongs to the risk that the contractor should bear;

5. Contract price adjustment caused by price fluctuation:

1), base date: the general terms and conditions refer to the 28th day before the bidding deadline. The contractor prepares the tender offer at the price before the base date, and the price index in the price adjustment formula in the contract comes from the price on the base date; When the laws and regulations after the base date include the unexpected increase or decrease of the project cost required by the contractor in the performance of the contract, the contract price shall be adjusted accordingly.

2) Price adjustment:/kloc-There is no price adjustment clause in the concise construction contract within 0/2 months; For construction contracts with a construction period exceeding 12 months, price adjustment clauses shall be provided, and the employer and the contractor shall jointly bear the risk of market price changes. The formula price adjustment is only applicable to the project payment part paid at the unit price in the bill of quantities, and the influence of price fluctuation on the contract price is not considered in the total price part.

Third, define the insurance liability.

1, engineering insurance and third-party liability insurance

1). Responsibility for insurance: Both the standard contract and the concise construction contract stipulate that the contractor is responsible for "all risks in construction", all risks in installation and third party liability insurance, and will bear the cost of insurance.

2) If parallel contracting is adopted, the construction shall be carried out by multiple contractors respectively, and it is advisable to be insured by the employer; Both parties agreed in the special terms and conditions.

3), whether by the contractor or the employer for insurance, must be in the name of the employer and the contractor * * *.

Contract management in construction preparation stage

I obligations of the employer

1, provide the construction site:

1), construction site: the employer completes the requisition, relocation and demolition of the construction site in time;

2) Relevant information of underground pipelines and underground facilities: The Employer shall guarantee the truthfulness, accuracy and completeness of the information, but shall not be responsible for the consequences caused by the contractor's wrong judgment and inference based on it;

3) Right of way outside the site

2, organization design disclosure

3, agreed start time

Contract management in construction stage

I. Several time periods involved in contract performance

1. Contract time limit: the sum of the time limit promised by the contractor in the tender letter to complete the contract project and the time that should be extended through the change and claim procedure according to the contract terms. It is the standard to judge whether the contractor completes the project on time.

2. Duration: from the commencement date specified in the commencement notice to the actual completion date specified in the project acceptance certificate. It is the basis for judging whether the completion is ahead of schedule or delayed.

3. Defects liability period: generally, it is one year from the completion date indicated in the acceptance certificate. For defective projects or components that affect the normal operation of the project, the elapsed time before the repair inspection is invalid, and the defect liability period is recalculated, but the longest time of the defect liability period, including the extended time, shall not exceed 2 years.

4. Warranty period: calculated from the actual completion date.

Second, the construction progress management

1. Dynamic management of contract progress: the contractor can submit a plan report to modify the contract progress on his own initiative; The supervisor may also issue instructions to the contractor to modify the contract schedule.

2. Contract term that can be extended:

1), employer's reason:

(1), adding contract work content;

② Change the quality requirements or other characteristics of any work in the contract;

(3) The Employer delays the provision of materials, engineering equipment or changes the delivery place;

(4) Suspension of construction due to the Employer;

⑤ Delay in providing drawings;

6. Failing to pay the advance payment and progress payment in time as agreed in the contract;

2) Unusually harsh climatic conditions: the responsibility for the influence of climatic conditions on the construction progress should be correctly distinguished; Whether the shutdown under abnormal weather conditions will affect the total construction period.

3. Delays caused by the contractor: The contractor shall pay liquidated damages for overdue completion, with the maximum amount being 3% of the contract price;

4. Suspension of construction:

1), the contractor's responsibility to suspend construction:

(1), suspension of construction caused by the contractor's breach of contract;

(2), due to the contractor's reasons caused by domestic contract construction and safety guarantee necessary to suspend construction;

(3), the contractor to suspend construction.

2), the employer's responsibility to suspend construction:

(1), the employer fails to perform the obligations stipulated in the contract;

(2) Force Majeure: The shutdown loss caused by force majeure belongs to the risk that the Employer should bear;

③ Reasons for coordinated management: If the processes of two construction units conflict, one of them needs to be suspended;

(4), the instructions of the administrative department.

5. The Employer requires early completion: both parties reach an early completion agreement through negotiation as an annex to the contract. The contents include: the contractor modifies the schedule and the measures taken to ensure the quality and safety of the project; Conditions provided by the employer; Increased contract price; The contractor shall be rewarded for completing the project ahead of schedule (20% of the actual income of the Employer is recommended).

Third, the construction quality management

1, quality responsibility: due to the responsibility of the employer or contractor, the project quality can not meet the acceptance standard, and all parties shall bear the expenses and delays arising therefrom;

2. Management of the Contractor

2- 1: Personnel Management of Project Department

1), quality inspection system: set up special quality inspection institutions and full-time quality inspection personnel;

2) Standardize the operation procedures of construction operations: strengthen education and technical training, regularly assess the labor skills of construction personnel, and strictly implement the norms and operating procedures.

3) Replace incompetent personnel.

2-2: Quality Inspection

1), materials and equipment inspection;

2) Construction site inspection: The contractor shall seriously implement the system of process self-inspection, mutual inspection and mutual inspection, and do a good job of data inspection before the project is concealed;

2-3. On-site process test.

3. Supervision of quality inspection and test

1), contractor * * * inspection test: if the contractor * * submits the inspection report and the supervisor is absent without reason, the contractor can conduct another inspection test, and continue the construction after submitting the record to the supervisor for signature. The supervisor shall not refuse the visa.

2) Inspection and test instructed by the supervisor: reinspection and test of materials, equipment, works and concealed works: the expenses of unqualified products shall be borne by the contractor; If qualified, the employer shall bear the expenses and pay a reasonable profit.

4. Management of materials and engineering equipment provided by the Employer: The Employer shall notify the Contractor 7 days before the arrival of the goods. After acceptance, the contractor shall be responsible for receiving, keeping and secondary handling fees at the construction site.

5. Control of contractor's construction equipment: The contractor's construction equipment and temporary facilities shall be dedicated to the contract project, and any part of the construction equipment and temporary facilities shall not be transported out of the construction site or used for other purposes without the consent of the supervisor.

Four, the payment management of project funds

1, the difference between the signed contract price and the contract price: the signed contract price is a fixed price written into the agreement and the letter of acceptance as the basis for settlement; The contract price is the total contract price that the contractor should get after he finally completes the obligation to distinguish between construction and warranty, and the contract price can only be determined at the final settlement.

2, when signing the contract can't determine the money:

1), provisional estimate: the amount given by the employer in the bill of quantities to pay for materials, equipment and professional projects that are bound to happen but whose prices cannot be determined temporarily.

2) Provisional amount: an amount listed in the priced bill of quantities, which is used for construction and required materials, engineering equipment and services. When signing the agreement, it has not been determined or unpredictable changes have taken place.

3) Expenses and profits: The events that cause the contractor to increase expenses are circumstances that the Employer cannot reasonably foresee and overcome, so the expenses shall be compensated, regardless of profits; It belongs to the situation that the employer should control but not do well. If the drawing error causes the unreeling rework, it shall compensate the expenses and reasonable profits.

3, the unit price of Buddhism has completed the monthly measurement of quantities; The measurement period of the total price subtitle shall be determined according to the payment breakdown report of the approved contractor.

4. Payment of progress payment:

1), progress payment application form: including the prices of implemented projects at the end of this payment week; Change amount; Claim amount; The advance payment payable this time and the deducted return advance payment; The quality warranty money deducted this time;

2) Payment certificate: The supervisor issues the progress payment certificate to the contractor, which is signed by the employer for approval. The supervisor has the right to deduct the corresponding amount of the contractor's failure to perform any work or obligation according to the contract requirements, such as deducting the project payment for the unqualified part.

3) Payment of progress payment: The Employer shall pay the due progress payment to the Contractor within 28 days after the Supervisor receives the application for progress payment. The Employer fails to pay the liquidated damages for overdue payment as agreed in the Special Terms and Conditions.

Verb (abbreviation of verb) building safety management

1, the employer's responsibility for construction safety

Perform the safety management responsibilities agreed in the contract, authorize the supervisor to supervise and inspect the implementation of the contractor's safety work as agreed in the contract, and organize the contractor and relevant units to carry out safety inspection; The employer shall be responsible for the work-related injuries of many employees on the construction site, but the contractor shall be responsible for the work-related injuries of the employer's personnel caused by the contractor. The Employer shall be responsible for compensating the property losses of the third party caused by the occupation of land by the project or any part of the project, as well as the personal injuries and property losses of the third party caused by the Employer in the construction site and its adjacent areas.

2, the contractor's construction safety responsibility:

The expenses of the safety professional environment and safety construction measures agreed in the contract have been included in the relevant contract price; The supervisor shall compensate the increased expenses due to the adoption of safe working environment and safe construction measures not agreed in the contract in an agreed or determined way.

The contractor shall be responsible for the industrial accidents of all personnel employed by him to perform the contract, including the subcontractor's personnel.

3, safety accident handling procedures:

(1) Notice: When a safety accident occurs during construction, the contractor shall immediately notify the supervisor, and the supervisor shall immediately notify the employer;

② Take timely mitigation measures: After the accident, the Employer and the Contractor shall immediately organize personnel and equipment to carry out emergency repair and protect the site. When it is necessary to move the items on the site, it shall be marked and recorded in writing, and relevant evidence shall be properly kept;

(3) Report: timely and truthfully report the accident situation and emergency measures being taken to the relevant departments.

Change management of intransitive verbs

1, range of change:

1), cancel any work in the contract, but the cancelled work cannot be transferred to the employer or others;

2), change the quality or other characteristics of a job in the contract;

3) Change the baseline, elevation, position or size of the contract project;

4) Change the construction time of any work in the contract or change the approved construction technology or sequence;

5) Complete the extra work required by the project.

2. Changes instructed by the supervisor:

1), direct instruction change: changes that must be implemented, such as improving quality standards according to the requirements of the owner, design modification caused by design errors, and coordination of cross interference during construction. Without consulting with the contractor, the employer agrees to issue a change order and ask the contractor to complete it.

2) Changes determined after consultation with the contractor: possible changes. Such as adding new work beyond the scope of the contract or changing the requirements in the contract documents. The supervisor sends a letter of intent for change to the contractor → if the contractor agrees to implement it, he shall submit a written proposal for change (implementation plan, measures, completion time and cost); Disagree, explain the reason → the supervisor issues a change order.

3, the contractor to apply for change:

1), suggested changes: put forward reasonable suggestions for the drawings and technical requirements provided by the employer that may reduce the contract price, shorten the construction period or improve the economic benefits of the project;

2) Change requirements: The drawings or documents provided by the supervisor improve the quality standard of the project, increase the work content and change the location or scale of the project. , and put forward suggestions for revision. The supervisor shall communicate with the employer and give a reply within 14 days.

4. Change valuation: The contractor shall submit the quotation within 14 days after receiving the change instruction or letter of intent; The supervisor shall agree or determine the price within 14 days after receiving the quotation.

5. Impact of unfavorable material conditions: It belongs to the risks that the Employer should bear, including underground and hydrological conditions, excluding climatic conditions. The supervisor shall give instructions in time, and if it constitutes a change, it shall be handled as a change; If the supervisor fails to give instructions, the employer shall bear the increased costs and delays caused by the contractor taking reasonable measures.

Seven. force majeure

Force majeure events: earthquake, tsunami, plague, flood, riot, riot and war.

2. Management after the occurrence of force majeure:

1), precautions and measures: both the employer and the contractor should take measures to avoid and reduce losses as much as possible. If any party fails to take effective measures to cause losses to expand, it shall be responsible for the expanded part; Submit the final report and relevant materials within 28 days after the end of the force majeure event.

2), the principle of force majeure loss:

(1) Permanent project: including the damage of materials and equipment that have been transported to the construction site, and the casualties and property losses of third parties caused by the project damage shall be borne by the Employer;

(2), the contractor's equipment losses shall be borne by the contractor;

(3), the employer and the contractor shall bear their casualties and other property losses and related expenses;

(4), shutdown losses shall be borne by the contractor, but during the shutdown, the cost of taking care of the project and cleaning and repairing the project shall be borne by the employer;

(5) If the project cannot be completed on time, the construction period shall be delayed reasonably, and the contractor is not required to pay liquidated damages for overdue completion; If the employer requests to rush the work, the contractor shall take measures to rush the work, and the expenses for rushing the work shall be borne by the employer.

3. Termination of the contract due to force majeure: after the termination of the contract, the ordering party shall be responsible for returning the ordered materials and equipment or terminating the order contract, and the non-refundable payment for goods and the expenses arising from the return and termination of the contract shall be borne by the employer. The responsible party shall bear the losses caused by the failure to return the goods in time.

Eight. Claim management

1, the contractor's claim:

1), the contractor shall submit the notice of claim intention to the supervisor within 28 days after the event that caused the claim, and it will be invalid after the deadline;

2) The contractor shall submit a formal claim notice to the supervisor within 28 days after issuing the notice of claim intention;

3) The supervisor will reply to the contractor within 42 days after receiving the notice of claim submitted by the contractor; If the Contractor accepts the treatment result, the Employer shall complete the payment within 28 days after making a reply to the treatment result; Do not accept dispute settlement.

4) After the Employer accepts the completion payment certificate submitted by the contractor and signed by the supervisor in the completion stage, the contractor can no longer claim for compensation in the construction stage and the completion stage; The final settlement application submitted by the contractor at the expiration of the defects liability period is limited to the claims after the issuance of the project acceptance certificate. After the termination of the contract, the contractor loses the right to claim compensation.

2. The employer's claim; Including the compensation deduction that the contractor should bear and the extension of the defect liability period; After the claim event, the supervisor shall immediately notify the contractor in writing. (Unlimited number of days)

Nine. responsibility for breach of contract

1, contractor's default:

1), if the contractor fails to perform or fails to perform its contractual obligations, the employer may notify the contractor to terminate the contract immediately;

2), for the behavior of the contractor in violation of the provisions of the contract, the supervisor shall issue a rectification notice to the contractor, asking it to correct within the prescribed time limit. If the contractor fails to correct the breach of contract within 28 days after the supervisor issues the rectification notice, the employer may issue a notice to the contractor to terminate the contract;

3) If the contract is terminated due to the contractor's breach of contract, the Employer has the right to require the contractor to hand over the materials equipment orders contract or any service agreement signed for the implementation of the contract to the Employer, and handle the handover formalities according to law within 14 days after the contract is terminated.

2. The employer violates the contract:

1), the employer violates the contract: it fails to pay as agreed in the contract; The duration of work stoppage caused by the employer exceeds 56 days; The supervisor fails to issue instructions for resuming work within the agreed time limit without justifiable reasons, which leads to the contractor's failure to resume work;

2), the developer default processing

(1) The contractor has the right to suspend the construction: except that the employer fails to perform or cannot perform the contractual obligations, the contractor sends a notice to the employer to request that the breach be corrected; If the Employer still fails to perform its obligations within 28 days after receiving the notice from the Contractor, the Contractor has the right to suspend the construction; If the contractor fails to correct the suspension of construction within 28 days, he may give the employer a notice of termination.

(2) Termination of contract for breach of contract: it belongs to the situation that the employer fails to perform or cannot perform the contract.

3) Expenses payable within 28 days after the termination of the contract due to the breach of contract by the Employer:

(1), the price of the work completed before the contract termination date;

(2) The amount of materials, engineering equipment and other items ordered and paid by the contractor for the project construction;

(3), the contractor has completed the project the developer has not yet paid the amount;

(4) Compensation for the evacuation of the contractor from the construction site and dismissal of the contractor's personnel;

(5), due to the contract contact should compensate the loss of the contractor;

6. Quality assurance and performance assurance.

X. Pre-contract management

Mainly to pre-examine the contractor's qualification, reputation and performance ability. The main contents of the preliminary review:

1) There must be a construction project qualification grade certificate issued by the competent construction department and specified in the contract.

2) It must be a contracting enterprise approved and registered by the administrative department for industry and commerce, issued with a business license and subject to independent accounting.

3) Have the practical ability to construct the construction project to be contracted out, including the quality of construction technicians, managers and skilled workers, as well as the main construction machinery and equipment.

4) financial situation. Including the capital situation, especially the liquidity situation, and the operating efficiency in recent years.

5) Social reputation, including construction tasks undertaken, completion and contract performance.

Pre-qualification of contractors, and bidding projects can be conducted through pre-bidding; Non-tendering projects can be conducted through social investigation. After the qualification examination of the contractor, it is considered that the construction project can be entrusted to it and a contract can be signed with it. After negotiation, both parties reach a complete agreement on the contents of the construction contract, the contract documents can be formally signed, and the construction contract will take effect after being signed and sealed by both parties.

Xi performance management

The employer's performance management is mainly managed from the following aspects:

1) perform due obligations in strict accordance with the contract. Only in this way can we have the right to ask the contractor to perform the contract.

2) Exercise the rights stipulated in the construction contract. In the performance management of construction contracts, the employer mainly exercises the right to control the construction period, quality inspection and quantity acceptance.

3) Exercise the right of completion acceptance according to the construction contract and fulfill the obligation of project completion settlement.

4) The archives management of the Employer shall be kept in accordance with the National Archives Law and relevant regulations.

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