浅谈分包合同管理在工程管理中的作用

建筑工程分包是指总承包单位可以将承包工程中的部分工程发包给具有相应资质条件的分包单位。工程分包合同是指承包商为将工程承包合同中某些专业工程施工交由另一承包商(分包商)完成而与其签订的合同。分包合同管理由审批合同、签订合同、合同履约、合同存档等几部分组成。每一阶段对工程施工都很关键,也是工程管理的重要组成部分。     

工程施工分包商和总承包商配合与索赔的探讨

结合自身工作实践,介绍了国内工程施工管理现状,阐述了国内工程分包中存在的问题,并对总承包商与分包商之间的权利、义务及配合等进行了探讨,提出了分包商索赔时应考虑事项,以期规范分包商与总承包商之间的合作。     

Pre-tender and post-tender negotiations in Australia

One of the main features of the Australian building industry is the high level of subcontracting of building works. This paper reports on a survey of 43 subcontractors regarding various aspects of the relationship between subcontractors and general contractors. In particular it reports on the practice of ‘bid shopping’ in which the general contractor in various ways attempts to reduce the subcontractor's price below that of the tender. Generally the subcontractors were strongly against bid shopping attempts to tie with general contractors and negotiations in general. However, the strength of the responses was determined by the size of the firms. The larger firms were more open to negotiations and deals than the smaller firms. The overall benefits to the general contractors who ‘shop’ are doubtful, most subcontractors adjust their mark up by up to 20% to allow for such negotiations.     

基于二层链式委托代理的 EPC 激励研究

EPC 项目建设过程中存在二层链式委托代理结构。以委托代理理论为基础,分析 EPC 项目中业主、总承包商和分包商三者间的委托代理关系,建立二层链式委托代理的 EPC 激励模型。研究表明:在 EPC 模式下,业主可以通过鼓励总承包商进行更多合理分包获得更高效益,且业主的效益受到第二层委托代理关系中分包商的成本系数、风险规避度及其所面临的外界环境的不确定性负面影响;而当总承包商尽量多地选择工程分包时,其产出就越依赖分包商的努力,总承包商就需要对分包商进行更大的激励。     

Mitigating the health and safety influence of subcontracting in construction: The approach of main contractors

Subcontracting is noted for its adverse health and safety (H&S) influence in construction. Using interviews with five of the top 20 UK contractors and one medium-sized contractor, this study explored how main contractors manage the H&S influence of subcontracting with a focus on their in-house measures. Some in-house measures found are: restricting the layers of subcontractors on projects; working with a regular chain of subcontractors; implementing a H&S reward scheme for subcontractors; and insisting on non-working subcontractor foremen who have direct responsibility for the safety of workers in their trade. These measures appear to be influenced by clients, industry peer groups, and the moral justification for occupational H&S, and they offer inter-organisational learning opportunities for contractors in devising measures to mitigate the H&S influence of subcontracting. These findings should also allay concerns that removing some of the legislative hurdles in connection with on-going red tape debate will result in poorer H&S.     

Editorial

Although the owner may have a legitimate claim against a contractor for breach of contract, calculation and proof of damages incurred by the owner is often a difficult task. Owners should be aware of the types of damages which may be recovered from contractors for delayed project completion, defective work, or abandonment of the project, and how t o prove these damages. When a contractor has a legitimate construction claim against an owner, he must be aware of the wide variety of damages which he may have suffered in order to assure himself chance of maximum monetary recovery. A claim may arise on account of a delay, disruption, or termination of the contractor's performance, and recoverable costs can be analysed under these three categories. In addition, the contractor must be careful t o choose the best method of proving damages if he is t o successfully prosecute his claim. Although the legal principles discussed in this article are drawn from the public and private sectors o f the United States construction industry, they may be applied in arbitrations both in the United States and abroad.     

A hybrid life cycle assessment method for construction

Recent publicity shows a shift in the attitude of main contractors to subcontract procurement in the UK. However, a survey of the specialist contractors' sector shows that this impression should be approached with caution: the typical contractor - subcontractor relationship is still traditional, cost-driven, and potentially adversarial. Nevertheless, the co-existence of the two approaches is consistent with the institutional theory of organizational strategy.     

Taking on a wider view: public value interests of construction clients in a changing construction industry

For financial and strategic reasons, public and semi-public construction clients increasingly depend on private parties to carry out public service delivery. They subcontract operational responsibilities to private parties while remaining socio-politically responsible for ensuring public values. Public administration literature mainly addresses the importance of procedural and performance values in safeguarding public values. However, safeguarding the quality of the built environment also requires a focus on product values. In this study, we aim to increase the understanding of the meaning and significance of public values in the daily practice of public construction clients and identify the challenges they face in commissioning these seemingly opposing values. A set of semi-structured interviews with the public administrators of a variety of public and semi-public construction client organizations in the Netherlands shows that both internal and external factors influence the collaborative practices between clients and contractors. This causes a value shift from an emphasis on procedural values to managing performance and product values, indicating that clients need to take on a wider view on public values. Six main public value dilemmas were found that complicate the task of developing an open, transparent and sustainable long-term client–contractor relationship. The current contractual system, however, lacks the flexibility to facilitate this product-based value view in construction.     

Strategies for insuring subcontracted works

In the UK construction industry there are different strategies used in practice for the insurance of subcontracted work of which two predominate: one is for subcontracted work to be insured by both main contractor and subcontractor (model A) and the other is for only the main contractor to insure the subcontracted work (model B). The extent of use of these approaches is discussed and the rationales for them are presented in the context of research undertaken by questionnaire surveys and structured interviews. The paper provides a background to the requirements for subcontractor insurance found in commonly used forms of contract, including FIDIC. Four possible models of subcontractor insurance are identified and their relationships to the contract provisions in model forms is outlined. Two of the models have little practical relevance to subcontractor insurance and the reasons for this are given. About 75% of the main contractors in the research sample were found to adopt model A for all disciplines, although the reasons given were not entirely consistent. About 15% of the sample adopt model B for all disciplines and the remainder use different models for different disciplines. Again, the rationales for these choices were not found to be robust. The main conclusions are first that the choice of strategy for subcontractor insurance is highly independent of both the discipline and the selected form of subcontract, and second that some commercial decisions in this area may be sub-optimal. There is an unreconciled argument over the immediate commercial advantages claimed by many for model A and the potential for longer term reduction in insurance costs which might arise from the widespread adoption of model B.     

工程合同对承包商索赔成功的影响研究

为检验工程中合同条款签订的完整性与承包商的合同管理水平对于承包商索赔成功的影响,通过研究北方某仲裁委员会10年间的106个以裁决作为解决方式的工程案例,结果显示合同条款签订的完整性与承包商的合同管理水平对于承包商获得的仲裁裁决支持比例均具有正向影响,同时二者呈现出干扰型交互作用。进一步得出合同条款的签订亟需得到业主和承包商的重视,同时,承包商也要提升在合同实施阶段的管理水平,从而可以通过索赔得到应得的权益。     

浅谈分包工程合同管理及费用控制

通过对分包工程在总包工程中所处的特殊地位分析,从承包商的角度对分包工程的合同管理、投标报价管理、索赔管理等提出了管理办法,并指出分包工程的费用控制需全方位、全过程、全人员的共同努力,才能取得比较圆满的效果。     

博弈视角下EPC项目总包商与分包商的伙伴关系模式

伙伴关系模式在EPC工程实施过程中的有效性取决于总包商与分包商之间的合作关系。利用静态博弈和动态重复博弈理论分析了EPC项目中总包商与分包商建立伙伴关系可能存在的几种情况,并提出在特定条件下总包商与分包商建立合作关系的方式。     

论建筑施工阶段中的索赔与反索赔

阐述了索赔与反索赔含义的界定,探讨了可能发生施工索赔的主要内容,介绍了常用的索赔技巧,就如何进行反索赔进行了分析,指出索赔与反索赔都必须以合同为依据,才能减少争议和纠纷,保证建设工程领域的健康发展。     

Contract strategy for design management in the design and build system

Project team members in design–build system, including owner’s representatives, design–build (D/B) contractors and architects/engineers, have to adopt new roles in managing the design of large-scale projects. The design responsibility is transferred from the owner’s organization to the D/B contractor who is responsible for the design management in the projects to be delivered by the design–build procurement system. However, there remains the concern of design management between the designer and the constructor within the D/B organization, or between the joint venture parties of a D/B project. This paper presents a study, which reviews the issues concerning the design liability and contractual provisions for design management between the designer and D/B contractor in the said contractual arrangements of design–build system. It disseminates the results of a questionnaire survey and structured interviews of three groups of project participants: owners, designers and D/B contractors. The roles and responsibilities of the parties involved in design and design management are less than clear in their respective engagement contracts. In order to improve the design management of design–build projects, this paper recommended some strategic items to be considered in drafting contracts between owners/D/B contractors, D/B contractors/designers and owners/independent checkers to address the issues.     

浅谈EPC模式下的水电工程索赔应注意的问题

以某水电工程为背景,介绍了EPC模式下常见的施工索赔范围,较为深入的探讨了EPC模式下索赔证据的收集以及索赔计算,对指导各分包商和总承包商做好索赔工作具有重要的意义。     

Risks in subcontracting: Subcontract conditions

The use of non-standard, contractor-prepared subcontract conditions is widespread in the Australian construction industry. Many conditions in such subcontracts are harsh and are viewed by Australian subcontractors as the most critical risk for which they make risk allowances in the bid price.     

多级工程供应链多边激励机制研究

基于业主、总承包商、分包商之间的多级委托代理关系,分别构建“业主—总承包商” 一级激励机制模型和“业主—总承包商—两个分包商” 二级激励机制模型,分析信息结构对多级工程供应链中多边决策行为的影响。研究发现: 无论是一级激励还是二级激励, 多边不对称信息的存在使得总承包商获得信息租金,从而扭曲总承包商工作努力和业主的收益; 业主在选择合作伙伴时, 委托代理链越长, 越要谨慎考察总承包商的能力水平;随着委托代理链的增长,业主和总承包商宁愿降低自身收益,以激励总承包商和分包商努力工作。     

建设项目总承包商与分包商合作关系的单期博弈分析

文章利用博弈论的静态博弈理论,对总承包商与分包商在总分包合作生产模式下基于项目的单期博弈时,各种战略选择中各方的收益进行了详细分析,得出了总承包商不合作而分包商不合作、总承包商不合作而分包商合作两种均衡解。深入地研究了博弈结果得出结论,追逐单个项目利益最大化的短期总承包商与分包商的合作生产模式,不利于建设项目的总体目标实现;为此必须建立总承包商与分包商的长效合作机制,以及建立与健全对建设项目建设过程的外部监控机制。研究结论可为建筑业总分包合作模式的健康发展,以及建筑业企业总承包商与分包商合作关系决策提供重要依据。     

谈承包商在费用索赔中应注意的几个问题

结合龙厦铁路象山隧道施工过程当中发生费用索赔的一组实例,就承包商在如何寻找费用索赔机会、索赔时效、费用组成、处理方式等方面应注意的问题做了介绍,以期最大限度保证承包商经济利益。     

Evaluating subcontractor performance using evolutionary fuzzy hybrid neural network

This paper developed an evolutionary fuzzy hybrid neural network (EFHNN) to enhance the effectiveness of assessing subcontractor performance in the construction industry. The developed EFHNN combines neural networks (NN) and high order neural networks (HONN) into a hybrid neural network (HNN), which acts as the major inference engine and operates with alternating linear and non-linear NN layer connections. Fuzzy logic is employed to sandwich the HNN between a fuzzification and defuzzification layer. The authors developed and applied the EFHNN to assess subcontractors performance by fusing HNN, FL and GA. Enhancing subcontractor performance assessments are crucial in terms of providing to general contractors information on historical contractor performance essential to guiding a selection of appropriate subcontractors for a specific current or future subcontracting need. Results show that the proposed EFHNN may be deployed effectively to achieve optimal mapping of input factors and subcontractor performance output. Moreover, the performance of linear and non-linear (high order) neuron layer connectors in the EFHNN was significantly better than performances achieved by previous models that used singular linear NN.