How to manage the contract well

How to do a good job in contract management The so-called contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate civil rights and obligations. Contract is the product of commodity economy and the legal expression of commodity exchange. It seems that the conclusion of the contract is only a matter for both parties, but in the process of conclusion and performance of the contract, coupled with the subjective consciousness of both parties, the drive of their own interests and poor management, the contract has changed and even caused disputes and disputes, so it is necessary to strengthen contract control and management.

Although many enterprises attach great importance to contracts, there are still some problems that cannot be ignored to varying degrees. To sum up, we can find the following similarities: 1, the legal concept of enterprises is weak and the legal awareness of contracts is poor. Some small and medium-sized enterprises have basically not incorporated contract management into enterprise management. 2. The phenomenon of not signing a written contract occurs from time to time, which leads the parties to need more energy to make up for and deal with these hidden dangers that have been saved. 3. The contract signing behavior is not standardized and the agreement is not clear. Imperfect contract terms, unclear expression of responsibilities and rights and vague expression of meaning have caused a lot of contract disputes. 4. The contract performance monitoring system is not perfect. Due to different levels of coordination or in-depth monitoring of various business functional departments, the contract performance is not in place. 5, the contract performance rate is not ideal. 6, the contract confidentiality work is not done enough.

Socialist market economy is a legal economy, and contract is an important behavior in economic activities. There are many ways to improve the economic benefits of enterprises, and strengthening contract management is an important aspect. In view of the above problems, combined with the practice of contract management in enterprises for many years, it is considered that the following work should be done to strengthen contract management:

1, formulate a feasible contract management system.

Confusion in contract management is bound to directly affect the economic benefits of enterprises. To make contract management standardized, scientific and legal, we must first improve the system and make the management work rule-based. The main contents of the contract management system should include: centralized contract management, contract credit investigation, signing, examination and approval, review, registration and filing, contract demonstration text management, contract special seal management, contract performance and dispute resolution, contract management personnel training, contract management rewards and punishments linked with assessment, etc. By establishing a contract management system, enterprises can achieve clear management levels, clear responsibilities and standardized procedures.

2. Use written contract text.

The form of contract can be divided into oral form and written form. Although the oral form is quick and simple, it can improve the transaction efficiency, but it is difficult to prove when there is a dispute, and it is not easy to distinguish right from wrong, which is not conducive to protecting the transaction security. We often say that "empty talk without evidence" is a summary of the disadvantages of oral contract. Format contracts are generally drafted on the basis of summarizing a lot of practical experience, and the rights and obligations of both parties are fair and balanced. Therefore, as far as possible, choose a standardized format contract to deal with the economic exchanges between the two sides. Clearly stipulate the rights, obligations and relevant clauses of both parties in the contract. No matter whether the other party is honest or not, it is necessary to minimize their own risks, which is also a necessary awareness of risk prevention in economic activities.

3. Strengthen the training and education of contract managers, and do a good job of contract confidentiality.

The professional quality of contract managers directly affects the quality of contract management. Through study and training, contract managers can master contract legal knowledge and signing skills, and adhere to the system of holding certificates and annual assessment, which not only enhances their sense of responsibility, but also improves their sense of contract law. In particular, it is necessary to train the managers of enterprises, improve their contract awareness, master the contract legal system, and consciously apply it to the economic activities of enterprises, so that enterprises can change from passive response and handling of contract disputes to active prevention of contract disputes, thus enhancing their adaptability, development ability and competitiveness and avoiding economic losses. Enterprises must pay attention to cultivating a management team that understands laws and contracts, improve credit concept and standardize marketing behavior, so as to make enterprises develop steadily.

4. Improve the contract performance supervision system.

The performance of a contract refers to the performance of the obligations stipulated in the contract, which is manifested in the behavior of the parties to fulfill their contractual obligations. Performance supervision is a corresponding contract execution and supervision system established to ensure the correct performance of the contract. Through supervision, we can understand the performance of various contracts of enterprises and find out the reasons that affect the performance in time, so as to feed back to all departments at any time, remove obstacles, prevent the occurrence of default and improve the contract performance rate. In addition, contract settlement is the main link and content of contract performance, so it is very important to do a good job of contract settlement, which is not only the review of contract signing, but also the supervision and effective management of contract performance. Gradually standardize contract management, standardize the signing and performance of enterprises, and plug loopholes.

5. Deal with breach of contract disputes in time.

The contractual relationship is a kind of legal relationship, and breach of contract is an illegal act, which will bear legal consequences such as payment of liquidated damages, compensation for losses or compulsory performance. It is very important to choose the appropriate breach of contract clauses and dispute resolution methods. In case of breach of contract, the enterprise should distinguish between different situations, adopt negotiation, arbitration or litigation in time, actively safeguard the legitimate rights and interests of the enterprise and reduce the economic losses of the enterprise. According to the performance of the contract, timely use the right of cancellation, alteration and uneasy defense to protect their legitimate rights and interests. We should learn to use legal weapons to protect ourselves. Apply for arbitration or bring a lawsuit to the people's court in time for breach of contract. Measures should be taken in time to reduce and avoid losses as much as possible, and relevant departments should be required to crack down.

The specific content of contract management The contract relationship is a kind of legal relationship from beginning to end, so the contract management of modern enterprises should also be the whole process and all-round management from beginning to end. If modern enterprises can effectively manage contracts, it will greatly promote the improvement of enterprise management level and economic benefits.

Talking about how to do well the contract management of enterprises is an agreement reached by two or more parties in order to realize certain economic benefits. Market economy is an economy ruled by law and a contract economy. Contract is the product of commodity economy and the legal expression of commodity exchange. The economic communication of modern enterprises is mainly carried out in the form of contracts. Under the condition of market economy, the contract signed by enterprises to achieve certain economic goals and clarify mutual rights and obligations, and the civil relationship established by enterprises through contracts are civil legal relationships protected by law. Therefore, the act of establishing a civil legal relationship by signing a contract is a civil legal act and an inevitable act in the process of business activities. Therefore, contract management is very important to the success or failure of enterprises, and it is the basis of preventing legal risks of enterprises. Contract dispute is an important manifestation of legal risk in the process of enterprise operation. Legal risk refers to the risk of potential economic loss or other damage undertaken by an enterprise. It is necessary to establish a scientific contract management system to prevent contract disputes and legal risks of enterprises.

First, the contract management organization of the enterprise

The contract shall be executed by the specialized agency of the enterprise, that is, managed by the legal advisory department of the enterprise. Because the civil relationship established by an enterprise through a contract is a civil legal relationship protected by law, the act of concluding a contract is a civil legal act. Therefore, due to the characteristics of the contract itself, it is determined that the contract is different from the management of production, personnel and finance within the enterprise, and has gone beyond the boundaries of the enterprise itself, making it a social relationship adjusted and regulated by law, involving a large number of legal professional issues. Therefore, the contract should be managed by the enterprise legal adviser, who has professional legal knowledge. On the one hand, corporate legal advisers pay attention to the study of law, and at the same time pay attention to the changes in the market legal environment, study the influence of the application of law on their own enterprises, and cultivate and continuously enhance their legal awareness during their study. On the other hand, being familiar with the production and business activities of enterprises, conscientiously summing up the experience of correctly using legal means in enterprise management practice and the lessons of losses caused by not doing things according to law, and learning from the good practices of other enterprises in managing according to law, have the ability to think and deal with problems by using law. It is the basic condition of enterprise contract management to set up a special legal institution to manage contracts.

Second, the enterprise contract management model

The business scale and organizational structure of enterprises are different, and the management mode of contract selection is also different. However, for large and medium-sized enterprises, the contract management mode should adopt the mode of unified management of enterprise legal advisory department and separate management of various business departments and units, because their departments have different division of labor and different businesses. As the unified management department of enterprise contracts, the Legal Advisory Department is responsible for supervising, inspecting and guiding the signing and performance of enterprise contracts. Specifically, the contract is managed by levels and blocks, and all business departments (mainly including supply, sales, R&D, investment, etc.). ) and subordinate units (mainly including branches and overseas institutions, etc. ) is the second-level management unit of the contract, responsible for signing and performing the contract of this department and this unit, filing with the company's legal advisory department, and regularly reporting the implementation of relevant contracts, and the legal advisory department will conduct inspection and supervision at any time. In this way, enterprises and their subordinate departments and units can implement contract management from the aspects of organization, personnel and system, and form a perfect contract management system. At the same time, the training and education of contract managers should be strengthened. The professional quality of contract managers directly affects the quality of contract management. Through study and training, contract managers master contract legal knowledge and signing skills, and establish contract managers' certificates and annual inspection system, which not only enhances contract managers' sense of responsibility, but also improves contract legal awareness.

Third, the content of the contract management system

In order to make contract management standardized, scientific and legal, we should first start with perfecting the system, establish rules and regulations, and formulate a feasible contract management system, so that the management work can be followed by rules. The main contents of the contract management system should include: centralized contract management system, contract credit investigation, signing, examination and approval, countersigning, examination, registration and storage, legal person authorization method, contract file management, contract special seal management, contract performance registration, contract dispute settlement mechanism, contract regular statistics and assessment methods, contract management personnel training system, contract management rewards and punishments and performance appraisal, etc. By establishing a standardized and scientific contract management system and implementing various systems, enterprises can achieve clear management levels, clear responsibilities and standardized procedures, so that the signing, performance, assessment and dispute resolution of contracts are under effective control.

Fourth, the specific methods of contract management

The contractual relationship is a kind of legal relationship from beginning to end, so the contract management of enterprises should also be the whole process and all-round management from beginning to end. According to the time sequence of contract conclusion, performance and termination, contract management can be divided into three stages: pre-contract prevention, in-process control and post-event response. It is a contract management mode with pre-contract prevention, in-process control and post-event response as the mainstay.

How to do a good job in contract management and investment control is an agreement reached by two or more parties in order to obtain certain economic benefits. Market economy is an economy ruled by law and a contract economy. Contract is the product of commodity economy and the legal expression of commodity exchange. The economic communication of modern enterprises is mainly carried out in the form of contracts. Under the condition of market economy, the contract signed by enterprises to achieve certain economic goals and clarify mutual rights and obligations, and the civil relationship established by enterprises through contracts are civil legal relationships protected by law. Therefore, the act of establishing a civil legal relationship by signing a contract is a civil legal act and an inevitable act in the process of business activities. Therefore, contract management is very important to the success or failure of an enterprise and is the basis for preventing legal risks of the enterprise. Contract dispute is an important manifestation of legal risk in the process of enterprise operation. Legal risk refers to the risk of potential economic loss or other damage undertaken by an enterprise. It is necessary to establish a scientific contract management system to prevent contract disputes and legal risks of enterprises.

First, the contract management organization of the enterprise

The contract shall be executed by the specialized agency of the enterprise, that is, managed by the legal advisory department of the enterprise. Because the civil relationship established by an enterprise through a contract is a civil legal relationship protected by law, the act of concluding a contract is a civil legal act. Therefore, due to the characteristics of the contract itself, it is determined that the contract is different from the management of production, personnel and finance within the enterprise, and has gone beyond the boundaries of the enterprise itself, making it a social relationship adjusted and regulated by law, involving a large number of legal professional issues. Therefore, the contract should be managed by the enterprise legal adviser, who has professional legal knowledge. On the one hand, corporate legal advisers pay attention to the study of law, and at the same time pay attention to the changes in the market legal environment, study the influence of the application of law on their own enterprises, and cultivate and continuously enhance their legal awareness during their study. On the other hand, being familiar with the production and business activities of enterprises, conscientiously summing up the experience of correctly using legal means in enterprise management practice and the lessons of losses caused by not doing things according to law, and learning from the good practices of other enterprises in managing according to law, have the ability to think and deal with problems by using law. It is the basic condition of enterprise contract management to set up a special legal institution to manage contracts.

Second, the enterprise contract management model

The business scale and organizational structure of enterprises are different, and the management mode of contract selection is also different. However, for large and medium-sized enterprises, the contract management mode should adopt the mode of unified management of enterprise legal advisory department and separate management of various business departments and units, because their departments have different division of labor and different businesses. As the unified management department of enterprise contracts, the Legal Advisory Department is responsible for supervising, inspecting and guiding the signing and performance of enterprise contracts. Specifically, the contract is managed by levels and blocks, and all business departments (mainly including supply, sales, R&D, investment, etc.). ) and subordinate units (mainly including branches and overseas institutions, etc. ) is the second-level management unit of the contract, responsible for signing and performing the contract of this department and this unit, filing with the company's legal advisory department, and regularly reporting the implementation of relevant contracts, and the legal advisory department will conduct inspection and supervision at any time. In this way, enterprises and their subordinate departments and units can implement contract management from the aspects of organization, personnel and system, and form a perfect contract management system. At the same time, the training and education of contract managers should be strengthened. The professional quality of contract managers directly affects the quality of contract management. Through study and training, contract managers master contract legal knowledge and signing skills, and establish contract managers' certificates and annual inspection system, which not only enhances contract managers' sense of responsibility, but also improves contract legal awareness.

Third, the content of the contract management system

In order to make contract management standardized, scientific and legal, we should first start with perfecting the system, establish rules and regulations, and formulate a feasible contract management system, so that the management work can be followed by rules. The main contents of the contract management system should include: centralized contract management system, contract credit investigation, signing, examination and approval, countersigning, examination, registration and storage, legal person authorization method, contract file management, contract special seal management, contract performance registration, contract dispute settlement mechanism, contract regular statistics and assessment methods, contract management personnel training system, contract management rewards and punishments and performance appraisal, etc. By establishing a standardized and scientific contract management system and implementing various systems, enterprises can achieve clear management levels, clear responsibilities and standardized procedures, so that the signing, performance, assessment and dispute resolution of contracts are under effective control.

Fourth, the specific methods of contract management

The contractual relationship is a kind of legal relationship from beginning to end, so the contract management of enterprises should also be the whole process and all-round management from beginning to end. According to the time sequence of contract conclusion, performance and termination, contract management can be divided into three stages: pre-contract prevention, in-process control and post-event response. It is a contract management mode with pre-contract prevention, in-process control and post-event response as the mainstay. (A) pre-prevention of contract management

To do a good job of pre-prevention of enterprise contract management, we must first investigate the credit status of customers, that is, to understand their business credit, business situation, capital structure, solvency and so on. It is an important job to investigate the credit status of customers in advance. Investigate the credit status of customers, mainly by consulting their financial data, visiting their business premises, interviewing their managers, etc., to verify and verify the authenticity and accuracy of all kinds of information. At the same time, through the investigation of units and individuals other than customers, we can indirectly understand customer information, such as: investigating the registration and annual inspection of customers to the administrative department for industry and commerce, and understanding the enterprise nature, shareholder composition, business scope and operation period of customers; Understand the customer's tax payment from the tax administration department; Investigate the ownership status of real estate as a customer's business place to the real estate management department; Investigate customers' industry status and business reputation to trade associations, consumer organizations and other enterprises that have economic contacts with customers; Wait a minute. In addition, the customer's credit status is not static, but constantly changes with the passage of time, and the customer's previous credit status cannot be regarded as the current credit status and used as the basis for decision-making. Only by updating information or re-investigating in time can we accurately evaluate the current credit status of customers (continued on page 63) (continued on page 57). Carefully file and save all kinds of customer information and establish customer file management. Secondly, the audit of contract text, the contract negotiation after the credit investigation of the parties, and then the drafting of the contract text are all conducted by the enterprise to set up a legal advisory office or hire a lawyer as the legal adviser of the enterprise to participate in the establishment of the audit system before signing the contract, because the lawyers and legal advisers hired by the enterprise have rich legal knowledge and professional legal skills, and they audit the contract before signing the contract. On the basis of understanding the customer's commercial credit, business operation, capital structure and solvency, the enterprise legal adviser puts forward legal opinions and suggestions on contract terms and legal risks, and decides which way to choose, so as to prevent the occurrence of contract disputes and effectively safeguard the legitimate rights and interests of the enterprise.

(2) Control of contract management.

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The process control of bsp contract management is the supervision and management of the contract performance process. The main purpose of signing a contract is to ensure the timely and effective performance of the contract and prevent the occurrence of breach of contract. It is very necessary for enterprise legal adviser to supervise the performance of the contract. Through supervision, we can understand the performance of various contracts of enterprises and find out the reasons that affect the performance in time, so as to feed back to all departments at any time, remove obstacles and prevent the occurrence of default events. The process control of contract management is not only to ensure that you exercise your rights and perform your obligations in strict accordance with the contract, but also to urge the other party to perform their obligations in strict accordance with the contract. The work at this stage is mainly to make a good record of contract performance, track the contract performance process and ensure the settlement of the contract. For example, during the performance of the contract, there will still be changes to the contract. Therefore, the negotiation process and results of contract changes should be evaluated and recorded. If negotiation fails or no agreement is reached on the change result, the original contract shall be continued to be performed to avoid breach of contract. Therefore, the management in the competition is very critical. In order to ensure the effective performance of the contract, it is necessary for the Legal Advisory Department to closely cooperate with relevant departments such as finance, supply and sales to implement effective management. When the performance of the contract is abnormal, which may cause the contract to be unable to continue to be performed or the performance is inconsistent with the contract, the business department shall promptly feed back the situation to the Legal Advisory Department, which will analyze and deal with it according to the situation or put forward legal suggestions, such as asking the other party to provide contract guarantee or exercise the right of defense.

(3) Post-treatment of contract management

Contract relationship is a kind of legal relationship, and breach of contract is an illegal act, which will bear the legal consequences such as paying liquidated damages, compensating losses or compulsory performance. Post-contract relief mainly refers to the problems in the performance of the contract, that is, the measures that should be taken after one party breaches the contract. In case of breach of contract, the legal adviser should take timely measures such as negotiation, arbitration or litigation, such as asking the other party to continue to perform or bear the liquidated damages and terminate the contract, and take measures such as contract preservation and litigation preservation. Post-event treatment is one of the last measures to reduce the economic losses of enterprises and safeguard the legitimate rights and interests of enterprises in the case of prevention in advance and control failure in the event, and it is also the last guarantee of contract management.

Contract management is an important work in enterprise legal advisory affairs, and it is no longer a simple offer, commitment, signing, etc. It is a whole process, all-round and scientific management. In short, careful prevention in advance, effective management in the event and proper remedy afterwards are the guiding principles for doing a good job in contract management, avoiding losses and realizing enterprise benefits. In the current social environment where the credit system needs to be improved and the court's civil coercive power is weak, enterprises should strengthen their awareness of self-protection and make full use of existing legal rules to manage contracts. If the enterprise can effectively manage the contract, it will improve the management level of the enterprise.

refer to

Wang Liming, Cui Jianyuan. Contract law [M]. Beijing: Peking University Publishing House, 2002.

[2] Jiang Wei. Monographs on Civil Procedure Law [C]. Beijing: Renmin University of China Press, 2005.

How to do a good job in contract management contract analysis is one of the key links of project contract management and the premise of contract disclosure. This paper expounds the meaning, purpose and importance of contract analysis in detail, and analyzes and discusses how contractors can strengthen contract management of construction projects through contract analysis.

How do supervision engineers manage contracts well? The contract documents of engineering supervision are generally composed of five parts: the supervision bidding of the project and the bid-winning notice, the contract agreement of entrusted supervision of the construction project, the standard terms of the contract, the special terms of the contract and the supplementary and revised documents of the contract signed by both parties in the implementation process.

According to the content of each contract, assist the owner in contract management at different stages.

Engineering construction supervision should generally be carried out according to the following procedures:

1。 Prepare the project construction supervision plan.

2。 According to the progress of engineering construction, the detailed rules for the implementation of engineering construction supervision are compiled according to the specialty.

3。 Carry out construction supervision according to the detailed rules of construction supervision.

4。 Participate in the pre-acceptance of project completion and sign the opinions of construction supervision.

5。 After the completion of the construction supervision business, submit the project construction supervision files to the project legal person.

And contract management can also refer to the detailed rules for the implementation of supervision.

How to manage business contracts? I made a cover with WORD document, nailed it together with each contract, then indexed it by number and put it in the folder!

How to do a good job in contract subcontracting management For engineering subcontractors, the following aspects should be done well:

1, contract management. Sunglow's subcontractors shall sign corresponding subcontracts with the general contractor to clarify the responsibilities and rights of both parties.

2. Qualification management. Engineering subcontracting should also have corresponding qualifications and qualifications. Units should report qualifications, and personnel should report corresponding qualifications. Especially the subcontractor's subcontract project manager, quality engineer, safety officer and special type of work operator.

3. Site quality management. For subcontracting, quality management should be strengthened, mainly from the subcontracting scheme. The subcontract construction scheme can only be submitted to the supervisor for examination and approval after being reviewed by the general contractor. In actual construction, it should be implemented according to the approved scheme, and it can only be submitted to the supervision for inspection and acceptance after being inspected by the general contractor management personnel.

How to do a good job in contract management for enterprises, the importance and necessity of contract management lies in: on the one hand, making the production and operation of enterprises in line with the market, on the other hand, making enterprises safeguard their legitimate rights and interests in the process of performance, and improving the economic benefits of enterprises.

At present, most enterprises have some common problems in contract management:

Archives management is difficult and it is not convenient to consult.

In traditional contract management, there are paper contracts and electronic contracts. It is very inconvenient and time-consuming when enterprises need to refer to previous contracts to make decisions.

2. The format is not uniform, and it is difficult to summarize information.

When using manual or EXCEL management, due to the different data formats of different departments, the summary work takes too much time and there is the risk of human statistical errors.

3. It is easy to be tampered with and damaged during storage.

The contract involves the core business secrets of the enterprise and should be carefully kept. However, the traditional manual management is easy to be tampered with, stolen and damaged, which brings economic risks to enterprises.

4. Lack of early warning mechanism for key nodes

The manual management contract lacks the early warning of key nodes such as contract progress and payment settlement, and it cannot prompt managers to sign it in time, and it cannot accurately predict possible revenue and expenditure items in the near future.

Compared with manual contract management, contract management system. Contract management system is an all-round and systematic contract management platform based on information technology, which provides decision-making, planning, control and performance evaluation for enterprises by using advanced management ideas of modern enterprises.

The basic functions of the contract management system are as follows:

Contract drafting and revision

The contract management system supports online drafting, editing, modifying and importing contracts. In addition, the contract management system also provides a large number of contract demonstration text libraries, which is convenient for users to quickly generate contract templates that meet their own enterprises.

2. Contract approval

The contract management system supports enterprises to customize the contract approval process according to their own business processes, and stores all approval opinions for contract approvers' reference, and supports online printing and downloading of contract approval forms.

3. Contract document management

The contract management system can manage all contract-related documents of the enterprise, such as the original contract, contract change documents, contract attachments, etc. , and support contract classification filing, online query and download functions.

4. Review and prompt the contract progress

The contract management system can clearly record the progress and time of contract signing, remind users of the contracts that need to be signed, and let users know the status of contract execution at any time.

5. Other custom management

In addition to basic functions, the contract management system can also support enterprises to customize system functions according to their own business needs, such as contract change management, settlement management, commodity procurement management, project management and other functions.

Compared with the contract management system, the traditional manual contract management has many disadvantages and can no longer meet the needs of enterprise development. Internet plus thought is adopted in the contract management system, which can not only avoid the defects of traditional contract management perfectly, but also enable enterprises to legalize, standardize and effectively manage contracts, establish a good corporate image and integrity, thus improving the core competitiveness of enterprises in the market economy and promoting the stable development of enterprises. It is the best choice for all enterprises.

How to do well in enterprise contract management 1 Both parties to the contract shall check the business license, qualification certificate, construction permit and the safety inspection of the builder. The focus of the inspection is the annual conformity certification. Review whether the employer has the corresponding qualifications.

2. Review whether the payment terms of the project payment are strict and reasonable, and whether there are any mistakes.

3. I am familiar with relevant laws and regulations, so I should invite a professional lawyer to do the audit.

4. Check the site and compare it with technical management files, contracts and related materials, and check whether there is any violation of the contract and incomplete performance of the contract.

5. To solve the problem of collecting information at ordinary times, it is usually omitted to reflect false exaggeration.