The issue that be in is put after winning the bid
1. contract signs a problem
Contract document is the main component of file of invite public bidding, owner just is when protocol term and conditions of contract, often slant the risk too much overweight contracts square a side, certain to the contract the clause that goes against oneself agrees intentionally not clear, the upper limit that be compensated for to break a contact of time limit for a project, quality and fines does not give limit clearly etc. And apropos some contracts to just be in when signing construction contract, despise the examine and verify of pair of contract provisions.
Accordingly, after the contract is signed, this kind contracts to often just be put in the contract to cannot be fulfilled wait for a problem, bring bigger risk to later period construction, settle accounts.
Issue of 2. black and white contract
To save expenditure, reduce project project cost, after owner just is contracting to just win the bid, on the foundation of white contract, often ask to contract to just be signed than winning the bid mark bottom " reasonable low " money paid for something purchased or received for something sold returns low, time limit for a project to return standard of short, quality the black contract with taller, bigger responsibility of breach of contract, contract to just stem from pressure, can violate apiration to reach only disobey " invite public bidding bids law " , " contract law " , " building law " wait for relevant provision, sign black contract with its, this is damaged extremely easily contract square interest, serious person the likelihood causes hidden trouble of construction project quality.
Action bid level law hazard is on guard to establish and enhance legal consciousness
Contract square administrator should have higher construction project technology and rich practice experience not only, still should establish law concept, raise legal consciousness, accomplish manage lawfully. When contracting to just bid in preparation as bidder, can invite professional to undertake guidance, gather advantageous to one's own side evidence, if discover the person of invite public bidding, committee that review bid, other bidder has,encroach oneself the behavior of legitimate rights and interests, should have report in time to corresponding director branch, complain, protective enterprise is bidding the just and legitimate rights and interests in the process.
Had made the item before bidding investigate the work
Enrol the pre-construction job that bid, not allow to ignore. Contract to just must be opposite before undertaking bidding to the project the spot circumstance of square fundamental condition and project itself undertakes owner understand objectively, in the round, meticulously.
Basically just examine an aspect to owner:
Whether to have corresponding management qualification and grade letter, whether to acquire legal entity business charter and duty Wu social estate lawfully, whether be during formulary yearly check, whether does capital move good, construction project newspaper builds formalities to whether be perfected, whether has project financing reached the designated position, honor the agreement credit ability is good wait for a problem.
To the spot reconnaissance of project itself, basically examine an aspect:
Enrol the relevant blueprint that bids file place is offerred whether with spot be identical, whether does place is described or demonstrative circumstance agree with the spot, whether can be offers design program carried out certainly, whether the relevant link that omits project spot to ought to be carried out waits.
Examine after ending, ought to undertake to project condition by the relevant section such as market department, engineering department preliminary evaluate, include owner difficulty of square demand situation, construction, each cable company departments are examined and approve after, point out the risk that exists possibly and the measure that be on guard, the file that and bid to enrolling exists in the process gives entirely keep, enrol the preparative work before bidding to do fine, do solid.
Height takes seriously bid activity
Contract to just should study seriously " the project measures detailed list " wait for file of invite public bidding
Decide overall project is measured, reach total outlay circumstance. Carry the kind that assures quality, overall regulation of empty and loaded wagons, reasonable valuation, had decided finally bid valence. Should realizing low quoted price is not is the only channel that the decision wins the bid, should pay attention to project quality. Because once build a project,appear quality problem, not only meeting attaint owner square fame, can affect more contract square figure is harmonic praise, return the punishment that can be concerned a section, the direct responsibility personnel of the project and ranking director staff assume criminal responsibility likely.
Pay attention to the negotiation after winning the bid, do good contract evaluation to guard a pass
After contracting to just win the bid, bilateral conference bids the content of the file launchs negotiation, should be opposite as far as possible settle accounts of complete of obligation of time limit for a project of requirement of quality of requirement of content of the name of project project, address, project, technology, the programme of construction, project, project, safe preventive measure, bilateral right, payment, responsibility of breach of contract, project, settle dispute the content such as means tries to make clear, true, undertake stating with written form clearly, avoid to use the words and expressions that causes different meanings easily to write bid file.
When signing a contract, ought to examine a project to always contract whether does contract content follow win the bid file content is consistent, close good contract evaluation, supervisory contract undertakes in time putting on record. Ought to comply with country " demonstrative text of contract of construction project construction " sign a contract, those who assure all ready, content of the clause is complete, decrease as far as possible slashing, the tie sex clause of one-sided. The project follows in wanting pair of special provisions relevant a few specific requirements and content try to make clear an agreement, want the limit of conventional responsibility of breach of contract especially, with the broaden the scope of windbreak danger.
After the contract is signed, strengthen interior is supervised and examine
Had done honor the agreement control of the risk in the process
After the contract is signed, before start working, project administrator must undertake comprehensive, meticulous analysis to the contract, be familiar with bilateral right obligation, the potential risk that be in is put in forecasting contract government process, make effective administrative the way to deal with a situation. In construction process, want to undertake construction strictly according to the contract, aggrandizement construction site manages, strengthen the management of the pair of data business, business that distribute a packet, strengthen seal management, internal audit management, because of,prevent delay one's work by accident period, quality problem bring a risk. To owner Fang Yuan contracts because of bringing about time limit for a project of square incur loss through delay or get circumstance of losing of accident of contract money paid for something purchased or received for something sold, should notice to collect the data of claim for compensation such as change of summary of log of good project photograph, construction, conference, design, instruction or announcement, raise claim for compensation in time, assure the legal effectiveness of claim for compensation.
The risk with necessary obligate is expended
In the contract owner of the agreement in special provision just pays the particular risk outside contracting to just divide visa, change amount or by contract price certain proportion agrees risk coefficient, the risk range that at the same time bilateral agreement undertakes inside fixed price, the risk amount with necessary obligate.
