On the contract management of construction enterprises
[Abstract] This paper is facing the construction industry for construction enterprises in China market, project management international situation, from the importance of contract management, analyzes the status of construction contract management, to establish the concept of contracts, strengthening the contract sense, the establishment of contract management institutions, training contract management personnel, and improve contract management system and contract management system, establish contract management Information systems were discussed.
[Keywords:] status of construction contract management
1 Introduction
With the gradual deepening of China's Economic reform, construction and improvement of the market gradually .2004 November 11, China formally joined the WTO over 3 years, which means that after China's WTO transitional period of 3 years protection, December 11, 2004 from the construction market fully opened, funded, foreign-funded enterprises will enjoy "national treatment." global Economic integration is an irreversible trend in world Economic development, and gradually the main pillars of our national economy in the construction industry have had a significant impact to the domestic construction enterprises has brought a greater impact, also one of the main features of the market economy is that it's legally enforceable, it gradually introduced in the construction field <"Contract Law >>,<< bidding Law >>,<< Construction Law "> and so the contract as the main content of the Law. contract is the link to contact the principal of the contract, either party breach of contract, must be subject to legal sanctions, the overall situation from the construction market, the current construction competitive market, construction companies less profitable, and increased risk of the contract. only the importance of the contract, attention to contract management in order to effectively reduce project risk and increase profits.
2, the status of construction contract management
China's accession to WTO, the construction enterprises and gradually frequent international exchanges, to the foreign contracted engineering and contracting in the country, more and more international investment projects. Strict contract management is the practice of these international projects, the general use of FIDIC conditions of contract are strictly .
Construction on the current domestic situation in terms of enterprise contract management, mainly the following problems:
(1) the lack of complete legal system of the social environment. Construction and contract Law system is not perfect, part of the law is not stringent enough, there are loopholes. In addition, failure to abide by lax enforcement still exists.
(2) the lack of standardized market environment. Owners of the advantages of using a buyer's market position, made the harsh conditions of contract, the construction units have to accept in order to survive. Owners in the performance of the contract process is too arbitrary, there is no contract, do not follow the rules and practices work phenomenon.
(3) construction enterprises of contract law and contract management can not keep up awareness of development of the situation. In general, the construction enterprise management tender, contract work has more emphasis, but the performance of the contract in the process of supervision, inspection, statistics, assessment , lack of effective incentive measures and methods.
(4) the lack of contract management personnel, lack of attention to contract management personnel training. Late start of the contract management, contract management, lack of talent. In addition, the external environment is not standardized because too many factors, not the formation of internal awareness of the contract and attention to contract management personnel training environment.
In the construction market, inadvertently entered into a contract is likely to cause significant losses to the enterprise and even the dilemma facing bankruptcy, therefore, the contract management of construction enterprises must be strengthened to improve the viability of enterprises and the ability to resist risks.
3 Some suggestions to strengthen contract management
3.1 The concept of establishing the contract, to enhance awareness of the contract
Enterprises to strengthen legal education for managers, particularly business executives, project manager, contract management, not only to learn <"Architecture Law">, but also to learn <<Bidding >>,<< Contract Law "> to enable them everywhere in project management based on contract, the contract management as the center, the only way to follow the contract to pick up the legal weapons to safeguard their legitimate rights and interests. in the international engineering, project contract management is management of the core, especially in terms of contractors, contract management can be directly related to the implementation of the project is successful, self-interest can be protected. reposted elsewhere in the Research Papers Download http://www.hi138.com 3.2 set up contract administration, contract management, personnel training
A reasonable contract management agencies, and the powers and responsibilities for contract management and other functions with the interface between the rational, is the key to the success of contract management; contract management personnel, need high quality, learning ability, knowledge wide, strong sense of responsibility, the need for job training, organizational learning and discussion topics, learning content <"Contract Law">, and the Construction Contract model text, "<Supreme Court hearing cases of construction contract disputes, applicable law Interpretation of Several Issues>> and so on; the establishment of effective channels of communication to achieve mutual promotion and complementary purpose of the Contract Management Zequan Li, establish a sound mechanism and incentive mechanism for post competition, and mechanisms to promote human,
3.3 The establishment and improvement of enterprise contract management system and contract management system
Contract management of construction enterprises to the whole process of establishing and perfecting every aspect of the specific operational system's failure, these sectors should include: letter of introduction issued, Information tracking, contract drafting, negotiation and review, with India and correspondent, responsible decomposition, performance tracking, change, claim, breach of contract, rescission, termination and so on. the rule-based contract management, contract specification process and reduce errors.
3.4 Contract Management Information System established
Information is the contract management of the window. In order to grasp the implementation of the contract, the contract documents, change the record, the supplemental agreement, meeting minutes, correspondence and other documents the parties to timely delivery to contract management, rapid development in Information Technology today , contract management should be established on the basis of information management, the construction enterprises to take full advantage of the advantages of contract management, can create a local area network, information web sites.
4 Summary
Contract management is a highly intelligent work, is a complex system is the core of project management. In the face of the advance of the construction sector and the market trend of internationalization of China's construction industry, there is no effective contract management, it can not implement effective project management, you can not target the smooth completion of projects, construction companies must strengthen the consciousness of the contract, only contract management standardization, to the fierce market competition, survival and development.
References
[1] Jin Fang, works under the bill of quantities the strategy of construction enterprises [D]. Master's thesis, Wuhan University of Technology, 2005.
[2] Han Fengguang, contract management of small and medium construction enterprises [J]. China's scientific papers online.
[3] Zhu Xiaolin, on how to strengthen contract management of construction projects [J]. Economic construction, 2006 (9).
[4] Wang Cai Xu, On the construction enterprises exposed to international competition countermeasures [J]. Sichuan Building, 2005 (6). Links http://www.hi138.com Research Papers Download
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