【 Weak current College 】 project management (7)

12 projects contract management
12.1 General provisions
12.1.1 construction projects construction contract management including contract formation, performance, modification, termination and dispute resolution.
12, 1.2 main construction contract is a contract and the contractor, its legal acts should be exercised by the legal representative. The project manager should be made in accordance with the contractor takes seriously its obligations under the construction contract to undertake the task, in accordance with the construction contract, the exercise of their rights and obligations.
12.1.3 contract and the contractor shall follow the provisions of the contract, determine the construction contract to perform rule.
12.1.4 projects contract management should include related subcontracts, purchase contracts and lease contracts, loan contract management etc.
12.1.5 contractors are bidding before receiving the quality management system documentation requirements for contract review.
12.1.6 construction contracts and subcontracts must be in writing. Construction of the various causes of negotiating change content, you must acknowledge in writing the check, and as part of the contract.
12.2 construction project bids
12.2.1 bidders should have engineering requirements of the appropriate qualification of construction and bidding documents required qualifications.
12.2.2 bidders in the tender documents shall be determined by the legal representative of the enterprise determines the project manager and key technical, economic and administrative personnel.
12.2.3 bidders should organize the comprehensive and deep human land analysis and study of tender documents, which focus on mastering the tenderer to 1 range of substantive requirements and requirements, analysis, risks, project bidding for ease and areas of responsibility, identify the bidding strategy, in accordance with the requirements of bidding documents preparation of tender documents.
12.2.4 tender documentation should consist of the following files:
1 agreement.
2-tender and appendices.
3 contract conditions (including the General conditions and the special conditions).
4 bid bond (or tender guarantee).
5 certificate of legal representative or his attorney.
6 has a list price of the quantities and price list.
7 ancillary data table.
8 qualification examination table (had been prequalified).
9 tender documents require other files should be submitted.
12.2.5 bidders should tender documents requires the submission of the tender documents, before the deadline will be sealed bid documents served with tender locations.
12.2.6
Bid notice on the tenderer and successful person has legal effect. The tenderer and the bidder shall bid notice within 30 days, in accordance with the tender documents and tender to the winning bidder to enter into a written construction contract documents. Bid notice changes to the bid, the tenderer or the result of the successful tenderer to abandon the winning project, should bear the legal responsibility.
12.3 contract formation
12.3.1 entered into the construction contract should be consistent with the following principles:
1 the Contracting Parties of the legal status of equality. A party shall not impose its will on the other party.
2 the parties legally entitled voluntary contract right of any entity or individual shall not be unlawful interference.
3 the parties determine the respective rights and obligations shall be in compliance with the principle of fairness.
4 the parties exercise their rights and obligations should follow the principle of good faith.
5 the parties concerned shall comply with laws, administrative regulations and social morality, and shall not disturb the social and economic order, and shall not prejudice the public interest.
12.3.2 make construction contract negotiation, shall, in accordance with the requirements of bidding documents, binding contracts in various situations that may occur with careful, well prepared, in accordance with the principle of liability "protection of the legitimate interests of the enterprise.
12.3.3 contractors and subcontractors, who has entered into the construction contract should be consistent with the following programs:
1 acceptance of the tender notice.
2 composition of project managers of the negotiating team.
3 drafting of contract-specific conditions.
4 negotiations.
5 reference constructer of contractual conditions or construction contract and contract awarding, who has entered into a construction contract.
6 parties in contract administration department filing and payment of stamp duty.
In the construction contract, the contract, the contractor works with, change, and other written agreements or documents should be an integral part of this contract.
12.3.4 construction contract files and their preference order should meet the following requirements:
L agreement.
2 bid notices.
3 bids and its annex.
4 special provisions.
5 universal terms.
6 standards, specifications and the relevant technical documents.
7 the drawings.
8 has the price tag of quantities.
9 project quotations or estimates of construction drawings.
12.3.5
The contractor's consent or by the contract in accordance with the contract, the contract project part non-principal works, non-critical work subcontracted to possess the appropriate qualifications of subcontractors completed and entered into a subcontract. Subcontracting should meet the following requirements:
1 the subcontractor should be in accordance with the subcontracting requirements, implement and complete subcontract engineering, repair the defects in its bid to provide all the required engineering supervision, engineering services, materials, equipment and other articles that provide performance guarantees, schedule, shall not be transferred or subcontracted project and subcontracting.
2 the contractor shall provide lump sum contracts (quantities or rates listed contractor price details) for subcontractors.
3 subcontractors shall comply with the provisions of subcontracting the contractor and the subcontractor of the device material into and out of the field of management system. The contractor should reference for subcontractors
For the construction site and channel; subcontractors should allow the contractor and the engineer, during working hours, reasonable person subcontracting works though, and provides convenient, ready to help.
4 extend the time for completion of the subcontractor shall be based on the following conditions: the contractor under the contract extension package lump sum contracts completed time; Extension; the contractor the contractor indicates the default. The subcontractor must longer start Chao-days will be extended to notify the contractor, at the same time submit a certificate or report, or subcontractors not entitled to an extension.
5 subcontractors only receive from the contractor's Office and shall implement its directives. If the above instructions from the lump sum contracts to analyze is a management engineer error, the subcontractor has the right to require the contractor to compensation for the resulting costs.
6 the subcontractor shall, in accordance with the following instructions to change, add to or delete from the subcontract engineering: supervision engineer according to package directions of contract by the contractor and the subcontractor as direct notification; the contractor's instructions.
12.3.6 subcontracts files and precedence should meet the following requirements:
1 subcontract agreement.
2 the contractor subcontract bid books issued.
3 the subcontractor's quotation.
4 conditions of sub-contracting.
5 standard specifications, drawings, with prices of the quantities.
6 quotations or estimates of construction drawings.
The fulfilment of the contract file 12.4
12.4.1
Project Manager Department must fulfill the construction contract, and shall, in the construction contract before the contract content, risk, focus or make special instructions on key issues and tips, to give the low-down the functional departments to implement according to the objectives of the construction contract determines, based on construction contracts guidance project implementation and project management. Project Manager in the construction of the contract period, it should be noted that the other party to collect, record evidence of the facts, breach of contract as the basis for the claim.
2.4.2 project manager Department carry out the construction contract should observe the following rules:
1 must comply with the contract law provisions of the contract.
2 the project manager shall be responsible for the Organization of the construction contract.
3 pursuant to the contract law provisions of the contract changes, claims, transfers and termination of the
4 in the event of force majeure resulting contract cannot be fulfilled or not fulfilled, should promptly report to the Corporation, and delegate permissions to be disposed of in a timely manner within.
12.4.3
Perform subcontracting, the contractor shall contract project (including subcontractors) who are responsible for the contract, the subcontractor to the contractor subcontracted. Due to the fault of subcontractors to letting people resulting in a loss to the contractor jointly and severally liable.
12.4.4
Ministry of enterprise and project manager with the construction contract to implement dynamic management, tracking, collection, collation, analysis of the information in the contract, reasonable and timely adjustments. The contract should be anticipated, an early and resolve issues affecting contract in order to avoid or reduce risks.
12.5 contract changes
12.5.1 project manager should keep the following contract alteration caused by:
1 decrease in quantity.
2 quality and characteristics of change.
3 elevation, baselines, dimensions and other changes.
4 project deletion.
5 construction sequence changes.
6 additional T permanent works, equipment, materials and services changes, etc.
12.5.2 contract changes shall meet the following requirements:
1 contract parties change requirements should be reviewed by the supervising engineer, the engineer's consent, by the supervising engineer to project manager contract change orders.
2 project managers may accept the rights and the construction contract, submit to the engineer, the engineer's request for review, and notify the contractor will review the results.
12.6 breach of contract, claim, controversy
12.6.1 party liability including the following:
1
If one party does not fulfil the contractual obligations or to fulfil contractual obligations does not conform to the contract shall undertake to continue to fulfil, remedies or damages, liability, regardless of whether the breaching party has a fault.
2 a party because of force majeure is unable to perform the contract, should the force majeure affecting part
(Or all)-waiver of liability, but except as otherwise stipulated by law. Occurs after the party delayed fulfilment of force majeure, cannot exempt from responsibility. Force majeure is not a defence which, of course.
3 the other party by a third party's causes, breach of contract, should require each other liable for breach of contract.
4 a party for breach of contract, the Party shall take appropriate measures to prevent loss of expanded; otherwise, shall not extend the claims for compensation of losses.
12.6.2 the contractor should acquire the knowledge, in accordance with law, the claim.
12.6.3 claims should be carried out in accordance with the following requirements:
1 have legitimate claim and sufficient evidence.
2 press the construction contract file the relevant regulations.
3 carefully and truthfully, reasonable and properly calculate time and cost of claims.
12.6.4 construction project claims should have one of the following reasons:
1 constructer breach of contract to the contractor resulted in the loss of time and costs.
2 for engineering change
(Including design changes, letting people project changes, the engineer and the contractor engineering change and endorsed by the supervision engineer approved change) resulting in the loss of time and costs.
3 as a supervising engineer on the ambiguous interpretation of contract documents, technical information is not accurate, or due to force majeure lead construction conditions changed, resulting in time and increased costs.
4 letting people finished items or shorten the duration of contractor's costs resulting from the increase.
5 constructer caused a delay in payment of the contractor's loss.
6 the contract other than testing, and inspection, or non-contractor cause project defects repair and development health losses or expenses.
7 non-contractor's reasons engineering suspension.
8 prices, regulatory changes, and more.
12.6.5 Parties should perform construction contract dispute resolution.
12.7 contract termination and evaluation
12.7.1 GmbHWith the termination should have one of the following conditions:
1 the construction contract had been performed as agreed.
2 the contract expires.
3 the contractor according to the subject-matter of the sinking.
12.7.2 after termination of the contract, the contractor shall make the following evaluation:
1 the contract evaluation process.
2 the terms of the contract.
3 contract compliance evaluation.
4 contract management evaluation.
13 project information management

13.1 General provisions
13.1.1 project information management should be adapted to the needs of the project management, to predict the future and provide the basis for the correct decision making, improve the management level. Project Manager operations should establish project information management system, optimize the information structure to implement project management information.
13.1.2 project manager operations should gather information in a timely manner, and the information is accurate, complete and pass to use units and personnel.
13.1.3 project information should include a project manager in the project management process of the formation of various data, tables, drawings, text, audio, and more.
13.1.4 project manager Department should be equipped with information administrator, project information administrator must training through accredited training units.
13.1.5 project manager Department shall be responsible for the collection, sorting, manage this information within the scope of the project. The total package of projects, project subcontractor shall be responsible for subcontracting wide information collection, arrangement, the contractor is responsible for the summary, finishing the package of all of your information.
13.1.6 project information collected shall be carried out with the project progress to ensure true and accurate, according to project information management requirements in a timely manner, through the audit.
13.2 project information content
13.2.1 project manager operations should collect and organize the following information:
1 the laws, regulations and administrative rules.
2 market information.
3 natural conditions.
13.2.2 project manager operations should collect and collate information on the following projects overview
1 project entities.
2 sites and environmental profile.
3 participation in construction of the units.
4 the construction contract.
5 construction cost calculation.
13.2.3 project manager operations should collect and collate information on the following construction:
1 construction records information.
2 construction technology information.
13.2.4 project manager operations should collect and manage the following project management information:
1 project management planning outline information and project management implementation planning information.
2 project progress control information.
3 project quality control information.
4 project security control information.
5 project cost control information "
6 project site management information.
7 projects contract management information.
8 project materials management information, parts management and workers, equipment management information
9 project human resource management information.
10 project machinery management information.
11 project funds management information.
12 projects for information technology management.
13 project organization and coordination of information.
14 project completion approval information.
15 project evaluation information.
13.3 project information management system
13.3.1 via signature confirmation of project information should be promptly deposited in your computer.
13.3.2 project manager operations should allow project information management system directory is complete, clear, structured hierarchy, the table automatically generated.
13.3.3 project information management system should meet the following requirements:
1 should facilitate project information input, sorting and storage.
2 extraction of information should be beneficial to users.
3 should be able to adjust the data, tables, and documentation.
4 should be flexible to add, modify, and delete data.
5 information on species and quantity should be able to meet all the needs of project management.
6 information should enable the design, construction preparation stage of management information, construction project management professional information, project settlement information, project statistics, and so have a good interface.
13.3.4 project information management system should be able to connect to the project manager of all functional departments, project manager and various functional departments, project managers and the Department of labor job level, project manager, operations and business functions, project manager and enterprise legal representatives, project managers and contract awarding and the subcontractor, project managers and supervisory bodies, etc.; shall be able to project management and enterprise management and labor job layer information collected drains, information resource sharing.