Professional Documents
Culture Documents
Preliminary Discussion On The Management of Construction Contracts
Preliminary Discussion On The Management of Construction Contracts
497
E. Enhancement of awareness of contract S1 is the personnel evaluation score;
1) Particular conditions of the contract for construction R is the Personal responsibility;
project are established targeting a specific project. In the E is the Personal education;
process of contract signing, scrutiny must be performed on S2 is the personnel subject or field of study;
the particular conditions with regard to the characteristics W is the personnel Work experience;
of the specific project to ensure legal compliance of the 50%, 20%, 20%, 10% is the weights of four indexes.
provisions and to protect the rights and interests of the 2) Arrangement of on-the-job learning
employer. In the case of unbalanced quotation, if Enterprises should organize on-the-job learning for
unbalanced quotation appears in the tender documents contract management personnel based on the actual needs
submitted by the contractor, the settlement method, of enterprises and the market. The learning can be
particularly the settlement method for work variation, must conducted in a variety of forms so that the contract
be made clear to avoid losses caused by the unbalanced management personnel can master the theory and
quotation. exchange their rich work experience and adapt themselves
2) The employer should increase its awareness of the to market development and the needs of the enterprise.
contract with respect to the project tender process, to 3) Selection of relevant personnel for further study at
provide all the technical data and site environmental relevant universities
conditions required, so that the contractor could participate Each enterprise should keep excellent contract
in the bid competition in a full and fair environment with management personnel. One of the ways to improve the
minimal risk. The employer is recommended to develop qualifications of contract management personnel is to
the contract documents precisely, define the contract scope select and send relevant personnel for further study at
reasonably, and carry out ex ante analysis to determine universities.
potential uncertainties and risks and to take corresponding 4) Establishment of post responsibility system
protective measures. The post responsibility system should be applied to
contract management personnel to define their
F. Establishment of sound contract management system responsibilities, rights and interests, and to establish a
Contract management system mainly refers to the mechanism of competition, to reward the contract
organization network of enterprise contract management. management personnel who have made contributions and
The network of organization refers to the contract eliminate those unqualified personnel.
management mechanism established at all levels of the
enterprise (including full-time and part-time function) to
extend the contract management to each level of the
enterprise. The organization network, as the core of
enterprise contract management system, is ensured by
means of regular inspection. The contract management Selection of personnel
organization should adapt to the needs of contract
management and the market, and adjustment and Arrangement of on-
improvement are necessary whenever inadaptable areas of Measures to the-job learning
the organization are found. improve the
quality of Selection of relevant
G. Actively participating in the "honoring contracts and
contract personnel for further
being trustworthy" campaign to improve the contract management
management of enterprise study at relevant
personnel universities
The "honouring contracts and being trustworthy"
campaign has been conducted by relevant administrative Establishment of post
authorities in accordance with the principle of honesty and responsibility system
good faith stipulated in the Contract Law, for the purpose
of increasing the rate of contract performance and I. Strengthening of management of contract claim
maintaining the market order and economic order.
Enterprises should actively participate in the campaign to Strengthening contract claim management is an
create an atmosphere of "honouring contracts and being important content in the cultivation and development of
trustworthy". the sound construction market. Improving claim
awareness is an issue that needs to be addressed for
H. Different measures to improve the quality of contract contractors and employers. Contract claim management
management personnel requires enterprises to consider various unfavourable
1) Selection of personnel factors when executing a contract, to analyze the
Executives of an enterprise may appoint excellent probability of contract alteration and claim and to develop
personnel of the enterprise as contract management effective contract management and claim strategies.
personnel based on the qualifications required for such During the process of contract performance, relevant
personnel, or may select such personnel through public information should be collected timely and analysis
appraisal and competitive recruitment. should be conducted based on the actual situation of the
The choice of personnel can use the following formula: construction site and the laws, regulations and contracts to
S1=R×50%+E×20%+S2×20%+W×10% (1) raise a contract claim at a proper time.
Where
498
Contract claim include time claims and cost claims, the potential disputes should be collected timely. The
cost of the claim is calculated according to the following documentation system, reporting and documentary
formula: processing system should be set up for contract
C=L+M1+M2+ M3+E+P+S+T (2) management.
Where
C is the cost of the claim; 3. CONCLUSION
L is the cost of labour;
M1 is the cost of materials; Construction contract management is one of the core
M2 is the cost machinery; tasks in the project management of the employer. To
M3 is the Measure Expense; strengthen the contract management, importance should
E is the enterprise management fees; be attached to the enhancement of awareness,
P is the profit; establishment of regulations and rules, regulation of
S is the statutory fees; contract text, development of outstanding contract
T is the tax. management personnel, and establishment of dynamic
management system, in order to achieve the effective
J. Inspecting contract performance on a regular basis contract management, to avoid or reduce risks, to improve
Contract performance should be inspected regularly to efficiency in the use of construction funds, and to ensure
keep the contract performance under dynamic timely completion of construction projects with high
management. During the inspection, timely understanding quality.
of the performance of the contract should be made.
Ongoing contracts, contracts not yet performed and REFERENCES
terminated contracts should be reviewed and risk [1] Bradshaw, Craig An opportunity to update the management of
assessment should be conducted and solutions should be your building contracts? Building Engineer 2005, 9
proposed. [2] Steven Bate, What do you mean, ‘be reasonable’ Building 2007, 6
The following formula can be used to contract risk [3] FIDIC, Conditions of Subcontract of Subcontract for Work of
assessment: Civil Engineering Construction. 1994
R=P×S (3) [4] Geoff Brewer, Direct costs and directly incurred losses, Contract
Where Journal 2005, 4
R is the risk scores between 0-100; [5] David Mosey, Early Contractor Involvement in Building
P is the probability of occurrence between 0-100percent; Procurement: Contracts, Partnering and Project Management [M],
S is the severity of risk between 0-100; Oxford, Wiley-Blackwell. 2011
If R≤20,the risk can be accepted; [6] The Ministry of Housing and Urban-Rural Development of the
People’s Republic of China: GB50500-2008 code of bills of
If 20<R≤50, the risk needs to pay attention to; quantities and valuation for construction works. China Planning
If 50<R≤80, the risk is very big, need to adjust the Press, Beijing (2008) “in Chinese”
contract; [7] The Ministry of Housing and Urban-Rural Development of the
If R≥80, the risk can't be accepted,Need to terminate People’s Republic of China: GB50500-2013 code of bills of
quantities and valuation for construction works. China Planning
the contract. Press, Beijing (2013) “in Chinese”
K. Enhancing management of contract documents [8] K. C. Iyera, K. N. Jha, Factors Affecting Cost Performance:
Evidence From Indian Construction Project, International Journal
In addition to the establishment of a sound contract of Project Management, 23(2005),283-286
management mechanism and system, the enterprise should [9] Thompson, Innovations Tomanage Disputes, Journal of
strengthen the management of contract documents. The Management In Engineering, September/ October 2000,51-58
correspondence from parties, memoranda, and minutes of [10] Kathleen M. J. Harmon, Resolution of Construction Disputes: A
meetings, fax, telephone records and e-mails generated Review of Current Methodologies, Leadership And Management
during the process of contract performance should be In Engineering, October2203,187-202
collected. For contracts with problems, key evidence from
499