Construction Project Contract and Contract Management

Author: He Buzhou, et al / Country: Mainland China
Publisher:
Publish Date: 2004-01-01
Features: Engineering construction is a massive investment, a long-term project involving numerous people, and a complex systematic engineering. In this system, any abnormal reaction from anyone or any event at any time may lead to chaos or even paralysis of the entire system. Therefore, to safeguard the legitimate interests of all parties involved in the project, coordinate their responsibilities, powers, and obligations, ensure the smooth progress of engineering construction, and simultaneously protect the interests of the public, it is essential to negotiate key matters before the project begins, thereby forming a guiding that can direct the entire engineering process. This document is the engineering construction contract. The engineering construction contract is known as the "Constitution of Engineering" and serves as the foundational document for engineering construction. It provides detailed regulations for all aspects and stages of the project, playing a crucial role in bringing engineering construction under a legal and regulatory management system.
Therefore, before the project begins, how to draft the contract; during the project execution, how to implement and analyze the contract; when unexpected events occur, how to use the contract to resolve issues, file claims and counterclaims, and protect one's own interests; upon project completion, how to conduct acceptance, handover, and payment based on the contract; and after project completion, how to address outstanding matters based on the contract—these have become core issues in modern engineering management.
At the same time, governments and industry associations in developed countries have long utilized contract structures to define relationships among engineering participants and establish stable working procedures, thereby strengthening project supervision and safeguarding public interests. This contract-based construction management approach is effective and practical under market economy conditions and has gradually been established and refined as part of China's transition from a planned economy to a market economy.
In the United States, engineering contracts and related courses have become key subjects in engineering management programs. A nationwide survey of engineering management curriculum shows that, over the past decade, engineering contract courses have become among the most important and highly enrolled courses. In China, the Professional Guidance Committee for Engineering Management in Higher Education has also listed the legal system of engineering contracts and the management of engineering construction contracts as core courses for engineering management programs.
The book "Engineering Construction Contracts and Contract Management" was written against this backdrop. The book takes the Basic Law on Contracts of the People's Republic of China as its main thread, comprehensively elaborating on China's contract legal system. It also incorporates relevant laws, administrative regulations, rules, regulations, judicial interpretations, and (model contracts) such as the Model Text of Engineering Survey Contracts, Model Text of Engineering Design Contracts, Model Text of Engineering Construction Contracts, and Model Text of Engineering Supervision Commissioning Contracts to systematically and thoroughly explain China's legal and regulatory system for engineering construction contracts.
It further examines the FIDIC Conditions of Contract for Civil and Structural Works, ICE Conditions of Contract, NEC New Engineering Contract,