Construction enterprises engage in project subcontracting management?

It is very important for construction enterprises to engage in project subcontracting management. Through management methods, we can better deal with the actual situation, and every detail is crucial. Zhong Da Consulting will explain the subcontracting management of construction enterprises.

The promulgation of Construction Law, Bidding Law and Contract Law has played a positive role in standardizing the subcontracting work of enterprises. However, due to some reasons, some enterprises do not pay attention to the management of subcontracting, and illegal subcontracting and economic losses to enterprises still occur from time to time. Therefore, strengthening the management of subcontracting and legal subcontracting and improving the management level and comprehensive strength of enterprises have become an important content of construction enterprises. To this end, the author summarizes the experience of subcontracting work in recent years and communicates with you.

1. Reasons for subcontracting

Some people think that after the promulgation of the Contract Law and other relevant laws, enterprises can no longer subcontract projects. In fact, this is a wrong understanding. The relevant provisions of relevant laws on subcontracting are to prohibit illegal subcontracting such as indiscriminate contracting, indiscriminate contracting and subcontracting. For legal subcontracting, the law still supports it, and the existence of the following reasons makes subcontracting necessary.

1. 1 Lack of enterprise resources In the case of increasing market competition, enterprises bid in large quantities to ensure the continuity of engineering tasks, and sometimes there may be too many winning projects, and their own resources (personnel, equipment, etc.). ) can't meet the needs of engineering construction. When there is a shortage of workers, enterprises can recruit migrant workers from the society to make up for the shortage of manpower, but they should conduct pre-job skills training for new employees in accordance with the requirements of the labor law, which increases the investment of enterprises in training, and even after training, the construction experience and business skills of new employees can not be compared with those of workers with similar construction experience for a long time. If machinery and equipment are insufficient, enterprises can also buy or lease machinery and equipment from the society. However, the purchase of machinery, on the one hand, will increase the capital investment of enterprises, so that enterprises face difficulties in capital action; On the other hand, if you buy some special machines and equipment that are not commonly used, they may be idle for a long time after completion, which will reduce the asset utilization rate of enterprises and affect the operation and management of enterprises to a certain extent. If we rent machinery from the society, firstly, it is not easy to rent the required machinery in a short time, which will affect the smooth progress of the project construction. Second, just renting machinery, the rent that the lessor wants is generally higher, which will increase the investment of enterprises and reduce profits. To sum up, when the construction capacity of the enterprise's own resources can't meet the construction needs, it will be a better choice to choose a subcontracting team with corresponding qualifications and similar construction experience to assist in completing the construction task.

1.2 There are some highly professional projects among the winning projects. Today, with the development of new technology, high-tech will be widely used in engineering buildings. When there are some highly specialized projects or some special technologies in the winning project, selecting a suitable professional team for subcontracting can not only solve the problem of lack of technology, but also ensure the engineering quality and various indicators of the contract to meet the contract requirements. Such as tunnel gas control, water gushing, long-span light steel structure and other engineering projects have special technical requirements. If these projects are subcontracted to professional teams, they will do better in terms of construction safety and project quality.

1.3 Owner Designation Article 59 of FIDIC Contract stipulates that the owner may designate subcontractors for the project. When the owner designates subcontracting, the construction enterprise will subcontract the project to the designated subcontracting team according to the owner's requirements without justifiable reasons. FIDIC clause is used in foreign-related projects that China borrows from the World Bank, Asian Development Bank and other foreign countries. When an enterprise contracts these projects, the owner may designate subcontractors. If the enterprise has no justifiable reason, it shall subcontract the projects to the team designated by the owner.

2. Management measures that enterprises should take

2.65438+ Only by setting up a reasonable management organization and implementing effective management can the subcontracting work of enterprises develop towards the expected goal. Generally speaking, an enterprise can set up a contract management team with the manager as the team leader, the deputy production manager and the chief engineer as the deputy team leader, and the heads of various functional departments as members, responsible for the formulation of important rules and regulations and the handling of major issues in subcontracting work. At the same time, a special contract management department is set up to be responsible for the daily management of the subcontracting work of the whole enterprise. Each construction project department set up a project contract management team with the project manager as the team leader, the project chief engineer as the deputy team leader and business leaders as members, responsible for the organization, coordination and management of subcontracting work within the project. At the same time, a special contract manager is set up in the engineering department to be responsible for the daily work of subcontracting within the project.

2.2 improve the rules and regulations, clear the scope of the subcontract works. Because of its complexity, subcontracting is not management if there are only institutions without sound rules and regulations. When making rules and regulations, enterprises can make them according to their own actual conditions without violating national laws and regulations. Generally, it shall include the following contents:

A. determine the scope of subcontracted projects. "Construction Law", "Contract Law" and other laws and regulations clearly stipulate that "the main structure project shall not be subcontracted". Enterprises should reasonably determine which projects are the main structural projects that cannot be subcontracted and which non-main projects can be subcontracted according to the contracting situation of their own enterprises. Through this division, enterprises will be in an orderly way when implementing subcontracting, and will not violate the law by mistake.

Define the reporting and approval procedures required for subcontracting. Through declaration and examination and approval, it is guaranteed that the subcontracted project is not the main project, because some high-tech enterprises required by the project have not yet mastered it or the existing personnel, equipment and other resources of the enterprise really cannot meet the needs of completing the main contract. Through these regulations, some project departments of an enterprise can be prevented from subcontracting due to illegal subcontracting or arbitrary subcontracting, while some project departments have problems such as insufficient tasks, idle resources and reduced work efficiency.

C. specify the relevant provisions on the qualification examination and selection of subcontractors. It can prevent subcontracting teams without corresponding qualifications and actual construction ability from subcontracting projects, and play a positive role in ensuring the normal performance and management of subcontracting contracts after signing.

D define the procedures for signing and approving subcontracts to ensure the quality of the signed contracts.

E. relevant provisions on performance.

2.3 Strictly review the qualifications of subcontractors and establish subcontractor files. The quality selected by subcontractors has an important influence on the quality and construction management of subcontracted projects. Moreover, the contract law and the construction law have clear provisions on the qualifications of subcontractors. Enterprises in subcontracting work, while strictly observing the legal provisions, should do the following work.

A. The contract management department of the enterprise implements unified management of the subcontracting teams, and can establish files for each subcontracting team. For the team that subcontracts the project for the first time, the following qualification examination shall be conducted.

(1) Strictly review the subcontractor's business license, qualification certificate and safety qualification certificate, and determine the subcontractor's subcontracting project category.

(2) Strictly examine the personnel quality, mechanical equipment, assets and liabilities of subcontractors. Through these reviews, we can understand the subcontractor's construction strength and judge whether the subcontractor is capable of performing the contract.

(3) Investigate the subcontractor's past performance, and understand the subcontractor's past construction project category, project quality and performance reputation. Judge whether the subcontractor can subcontract the project of the enterprise and which projects can be subcontracted.

B. select a specific construction team through simulated bidding. After determining the subcontracted project, several teams should be informed of the relevant situation of the project at the same time, and they should make clear the price, construction organization, personnel, equipment, quality assurance measures, construction period and safety assurance measures. Enterprises will choose the best.

C, strengthen the management of the subcontract team, regularly assess the performance of the contract, and record the assessment results in the file. According to the evaluation results, the classification is good, medium and poor. For those with good performance, you can use them safely in the future, and for those with poor evaluation, it is forbidden to use them again.

D. Establishing a contract management document system and attaching importance to the collection and management of subcontracting data will produce a large number of data, such as agreements, drawings, design changes, acceptance records, concealed works records, settlement payment forms, correspondence, disclosure information, claim information, meeting minutes, etc. These are all part of the subcontract. Enterprises should make corresponding regulations on the examination and storage of these materials, and keep them properly as required, which can not only make up for the shortcomings in their own work, but also effectively deal with the claims of subcontractors and predict the legal consequences of subcontracting. It plays an important role in ensuring the smooth performance of subcontracts, reducing contract disputes and safeguarding the interests of enterprises.

E. Strengthen process control to ensure that subcontracts are seriously implemented.

If the subcontracting work is to be carried out according to the expected goal, it is necessary to control the whole process of signing and performing the subcontracting contract.

2.5. 1 Strengthen the management of subcontracting contract signing, and ensure the signing of standardized subcontracting contracts.

At the construction site, because the managers are mostly engaged in technical background, their legal awareness is relatively weak. I believe that the subcontractor subcontracts the project in his own hands, and the subcontractor dare not ignore his own requirements. Or think that the relationship with the subcontractor is good, as long as he can do the project well as required, whether the contract is perfect or not is not important. Therefore, it is easy to have problems in perfecting the contract content, signing and sealing the contract, and entrusting agents. It is precisely because of these neglected problems that great hidden dangers are brought to the subcontracting work. Once subcontractors enter the construction site, when their respective interests are involved, the two sides often argue endlessly and even resort to law, which will seriously disrupt the normal development of subcontracting work. In order to avoid the above situation, enterprises should do the following work:

A. The "Reference Text of Subcontract" of an enterprise can be made with reference to the Construction Contract of Construction Project (Model Text) (GF- 1999-020 1) and combined with some actual conditions of subcontracted projects of the enterprise, for the reference of the project department when signing subcontracts.

B during subcontract negotiation, the contract management team of the project department must come forward to negotiate with subcontractors, exert collective wisdom, ensure subcontract quality, and avoid black-box operation and damage the interests of enterprises.

C. stipulate the examination and approval procedures for subcontracts. After the project department negotiates the contract with the subcontractor, it will report the negotiated contract to the contract management department for review. If the content is not perfect, the entrusted agency is invalid or there are other legal problems, the contract may not be signed.

D, it is clear that only the project manager has the right to sign subcontracts with subcontractors on behalf of the enterprise, so as to prevent other managers of the project department from signing contracts with subcontractors at will, resulting in out-of-control subcontracting management.

2.5.2 After the contract is signed, convene the head of the performance department to study and analyze the subcontract. Make everyone have a deeper understanding of the general situation of signing the contract, the spirit of the contract, the main objectives and the responsibilities of this department in the performance of the subcontract. In this way, everyone can proceed from the overall situation, and Qi Xin will work together to earnestly fulfill the obligations of the enterprise and avoid corresponding liabilities for breach of contract. At the same time, we can earnestly urge subcontractors to fully fulfill their obligations and ensure the realization of the contract purpose.

2.5.3 Strengthen the quality management of subcontracted projects and do not entrust subcontracting. The Contract Law has clearly stipulated: "Subcontractors and contractors shall be jointly and severally liable to the owner for the quality of subcontracted projects." The project quality is directly related to the reputation and interests of the contractor. In order to ensure the engineering quality, the following measures can be taken:

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A. verify the qualifications of management personnel and construction personnel in key positions of the subcontracting team. Those who do not have the corresponding skills must be replaced by qualified personnel of subcontractors.

B. The main materials constituting the engineering entity shall be supplied by the contractor to prevent subcontractors from using inferior materials and causing engineering quality problems.

C. check other materials purchased by subcontractors. Unqualified materials shall not be stored in the construction site and shall not be used for construction.

D, set up full-time site builder, responsible for on-site supervision and inspection of subcontractor's construction projects. Unqualified projects shall not enter the next working procedure, and must be repaired by subcontractors and bear corresponding expenses.

2.5.4 Strengthen cost control to ensure that the interests of enterprises are not harmed.

Subcontract, as a special case of construction project contract, has a long performance period and complex economic relations. In addition to completing a project according to the contract requirements and collecting the corresponding project payment, the employer can also provide paid help to the subcontractor in the aspects of main materials, wind, water, electricity, oil and other auxiliary materials, as well as temporary rental of power and machinery for the benefit of the whole project. For the main materials, due to its large amount, it can generally be deducted in time when paying the subcontractors, while the auxiliary materials generally don't care too much, and they will not be deducted in time when paying the subcontractors, but will be settled together after completion. What's more, I think as a contractor, I have deep pockets, so it doesn't matter if I deduct that little money. I don't know. Every little makes a mickle. It took months or even years to finish the liquidation, only to find that these small money became a large number. Because it is not deducted in time at ordinary times, the funds left to the subcontractor are not enough to pay these expenses, and the subcontractor will refuse to pay these funds because of engineering losses or measurement problems. In this way, either disputes will occur, or court proceedings will be held, or the interests of enterprises will be damaged. Therefore, in the performance of the subcontract, attention should be paid to measuring at any time to ensure the deduction of these expenses. Before each payment is made to the subcontractor, the technical department shall measure the qualified projects completed by the subcontractor, and the materials and machinery department shall provide the materials, wind, water, electricity and machinery we use, and then the project funds can be allocated to the subcontractor. Pay attention to withholding business tax and reserving project quality deposit when allocating project funds.

2.5.5 Regularly analyze the performance of subcontracts. In the process of subcontract performance, we should regularly analyze the contract performance of the enterprise and subcontractors, so as to find the problems in contract performance and correct them in time. For subcontractors, we can give necessary help in their progress and quality assurance measures. If there are several subcontractors at the same time, the relationship between them should be coordinated to fully fulfill their obligations. Ensure the normal development of subcontracting work.

2.6 Pay attention to performance tracking and completion summary to accumulate experience for future work. After the completion of a subcontracting project, the contract management personnel of the project department should summarize the subcontracting management of the project, and conduct a comprehensive inspection of the gains and losses in the management and the handling of claims by the subcontracting team, which not only provides reference for the future subcontracting work, but also can find the unresolved legacy problems in time, predict their legal consequences, and win time for the satisfactory solution of the problems. At the same time, we should also evaluate the subcontractor's construction ability, construction progress, project quality and reputation, report it to the contract management department of the enterprise and store it in the subcontractor's file as the basis for whether to use the subcontractor next time.

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