A New Pricing Contract of EPC General Contract： The Application of Target Contract

Due to very large scale of general contract projects, the scope of projects is always uncertain when the contractor bids and the difference between the planned and actual volumes of projects is very large. If a lump sum contract is used to establish the price, contractors thus must take high risks. The contract price is always high, and both owners and contractors show unwillingness to optimize technology under lump sum contract conditions. Owners are inclined to extend the norm and scope of projects. Such situations may result in additional costs. As a new pricing contract, a target contract fits the situation when project scope is not fully defined or the forecasting risks are high. Such a contract can bring both sides enthusiasm for technology optimization and substantially reduces project cost. Therefore, a target contract is suitable for EPC general contract pricing.     

Application of the Pattern of Construction Management Contract in Large-scale Project in Shanghai

This article states systematically the fundamental conception of the mode of construction management general contract, the contract structure and the organization structure through the analysis of the construction characteristics of Shanghai large-scale projects, considering the situation of China and the characteristics of this line. It also summarizes the characteristics of the mode of construction management general contract through the example of the Pudong International Airport Construction. The mode of construction management general contract not only meets the needs of construction technique in bettering the design of construction project building, but also releases the pressure in middle and later management of construction project building and overcomes the deficiency of the long-term building period, hard-to-control investigation brought by the problem of design, purchase, construction divided from and restricted by each other existed in the traditional contract mode. It also helps the contractor to provide socialized, specialized, commoditized service for the contractor. Helps to overall arrangement, economized investment, management level improve ment can be given. So it has the superiority in super large-scale projects construction compared with the traditional construction management.     

Analysis on the Claims Caused by the Defect of Contract

The engineering contract is composed of many documents between client and contractor, such as agreement, notification of award, tender and appendix to bid, conditions for particular application, instruction to bidders, technical specifications, design drawings and bill of quantities etc. Because of the limited time and money to prepare these documents, the defect is unavoidable. The defects include omittance, equivocalness, conflict and mistake. These defects often lead to claims.     

An Economic Explanation of the Engineering Quality Risk and Risk Prevention

Each party in engineering project faces different quality risk in different stage,and each adopts different management decision against quality risk.Firstly,from the new classic economics angle,an economic explanation to the management decision against engineering quality risk according to the different benefits for contractor and owner.The owner and contractor of a construction project,the government and projection legal person find their economic ties in an asymmetric information supply,or in an imperfectly assigned contract.The rules and characteristics of entrust-agency relation are analyzed from the economics and information economics angle,an economic explanation of engineering quality risk is given according to entrust-agency relation.The measures of controlling quality risk have been put forward from the angle of the economics.     

Web-based Contract Management System

Problems existing in traditional contract management mode are analyzed on the conditions of large-scale enterprise and regional decentralization, such as unorganized and dispersive information management, slowness or retardation of data transformation, difficulties in tracking contract information and evaluating client credit. A contract management solution based on web technology is proposed, which realizes cooperation across distributed regions, thus enables efficient and standard contract management.     

On the Formation of Civil Engineering Contract

It is the major way to form a civil engineering contract by means of bidding and tendering passing through the following steps as: tendering, bidding, bid opening, evaluation, acceptance and contract signing. The legal nature of the bid is an invitation to offer. The bid has certain legal binding which is different from the ordinary invitation to offer. The legal nature of the tendering is an order, which is sent to the inviter by the bidder. The letter of acceptance takes effect when it is issued and meanwhile the civil engineering contract is formed.     

New Engineering Contract and Traditional Engineering Contracts

This paper analyzes the key principles on which the international traditional contracts and new engineering contract have been drafted as well as the contractual relations among the parties involved in the execution of the project. This paper concluded that the new engineering contract prepared by the Institute of Civil Engineers has shown its unique features in the principles and new management techniques and is able to stimulate good project management.     

Variation Controlling of Construction Contract Performing

This paper analyzes all kinds of civil engineering variations, such as design variation, construction variation, plan variation, condition variation and new added project. It describes their basic characteristics. It discusses controlling procedure of design variation and construction variation raised by contractor. In the end, controlling principles on civil engineering variations are put forward, such as double-effect principle, encouraging principle, layer and class principle and value principle.     

Economic Sense of Mortgage and Guarantee in Credit Contract

There exists the information asymmetry between banks and enterprises that need loan, which can cause the problem of adverse selection. With the symmetry information, banks and enterprises can manage to reach best contracts. However, with the information asymmetry, when banks select the price of loan according to the average risk level of borrowers, the problem of adverse selection appears. Mortgage and guarantee are all very helpful to deal with adverse selection in some sides. For example, guarantee can send a signal to banks that enterprises could be low risky, and mortgage can make highly risky enterprises give up borrowing since it will bear more responsibility for its fail. A form of contract that connects the price of loan with the value of mortgage can help to recognize the style of different borrowers.     

Supply Chain Coordination for Perishable Product with Dynamic Pricing Policy

Perishable products need to be sold up before a fix time which is usually called product's lifetime.As the salvage of perished products is almost zero,and the demand is uncertainty,retailers usually set the product's price dynamically to influence the demand.When retailer's dynamic pricing policy is considered,we wonder which contracts can realize the supply chain coordination.Three typical contracts-return contract,price discount contract and revenue sharing contract are analyzed.Only revenue sharing contract among the three can realize supply chain coordination under dynamic pricing policy.The extension of price discount policy quantity-price discount policy,can also realize supply chain coordination under dynamic pricing policy.     

Contracts of risk sharing of the enterprise, the employee and the dealer

The output of the enterprise changes with the change of natural states, therefore it brings relatively great risk to enterprise. The enterprise hopes to reduce the same kind of risk through more contracts than one kind of contract of risk sharing. This paper presents a new method to disperse the same kind of risk in two kinds of ways. Basing on principal-agent theory, through the optimum contract of risk sharing, the Pareto-optimum solving is solved-the optimum contract of risk sharing. The employee shares some risks through the optimum contract of risk sharing between the enterprise and the employee-when the output is high, the employee's income increases; when the output is low, the income decreases. In order to reduce the risk of the enterprise further, the dealer also shares the risk. To maximize the utility of the enterprise, the Pareto optimum solving is given-another optimum contract of risk. The dealer offers following contract of risk sharing to the enterprise-when the output is high, the dealer receives the repayment; when the output is low, the enterprise is compensated. The enterprise, the employee and the dealer share the risk together, thus the risk of the enterprise is reduced to relatively great degree.     

Study on Application of ''Design and Build'' Contract Mode

The 'Design and Build' contract mode is a new contract and managerial approach, to which more and more attention has been paid. Now it becomes the contracting tendency in the international construction market. In this paper, the basic theories and method of the 'Design and Build' mode are widely and systematically studied. It specifies the intention of the 'Design and Build'contract mode, existing problems and corresponding countermeasures as well as its developing direction.     

Orientation of Aim Client in Real Estate Development Based on EXCEL

In order to subdivide the market during the process of project planning and orient the group of client, then determine the sale price; on the condition that the traditional orientation procedure cant grasp the payment capability of the aim client, the anthors can adapt the powerful finance analysis ability of EXEL to design the procedure of determining the purchasing power and payments ability of the aim client, and shape a set of orientation system based on quantitative analysis method. The result is, the character of the aim client can be grasp accurately depend on this orientation system, and providing a scientific gist for the accurate orientation of price and lowing the risk of investment etc.     

Research on Quality Supervision of Clusters of Engineering Projects Based on Science of Complexity

Based on the fundamental principles of science of complexity, the complexity of clusters of engineering projects is analyzed in the light of integrity, dynamics, gradation, openness and autonomy. It is believed that the quality supervision of clusters of engineering projects is a typical complex composed of several essential factors, between which there exists a complicated nonlinear relationship. The behaviors and manners of quality supervision are proposed including management evaluation, tree - shape quality supervision, model leading system, independent third - party assessment with a view to strengthen and enhance the quality supervision of clusters of engineering projects.     

Risk Identification and Risk Assessment in Engineering Variation of Construction Project

This paper analyses the kinds of risk factors in engineering variation of construction project. Consists of tecthhon risk, economy risk, policy and low risk, contract candition risk and character risk. It puts forward the risk assessment index system and sets up the risk comprehensive assessment model by using the theory of fuzzy mathematics.     

基于“三权分置”的农地承包权评估方法探讨

在城乡中国的背景下,“三权分置”的新时期中国农地制度创新理论为土地产权改革提供了机遇,农地承包权价值内涵构成及价格评估是值得深入研究的课题,这不仅给农用地流转提供依据,也是自然资源资产价值核算的关键。本研究从“三权分置”的政策背景演变入手,重释了承包权内涵及价值构成,并在分析影响价值因素的前提下探讨了采用收益还原法与叠加法来评估承包权基准地价。研究认为,（1）承包权是因农户具备了集体经济组织成员身份,从而享有对农村集体土地承包的权利;身份权特征明显,具有主体专一、财产收益、效益处分及有效占有等4个特点;（2）集体成员身份权具有身份性、平等性、共同性及约束性等4个特性,享受成员权的主体形式可以是农户家庭也可以是集体经济组织的个人或是两者的结合;（3）依据农地承包权的生产收益权价值和社会保障价值构成,采用收益还原法和叠加法两种方法来评估承包权价格,在确定社会保障价值时可以借用征地区片综合地价中的社保费用值来量化。本研究在维护农户土地权益前提下,以期为全面有序开展农地质量价格评估和价值核算提供有益参考。     

Study on the Effect of Construction Contract

In dealing with the construction contract, to establish a contract is a result of judgment of facts, to be valid is a result of judgment of law and to come into force includes both above two. There is some close relation between subcontracting construction partly and general contracting, contract subcontracting, joint contract, but is different from subcontracting construction wholly in nature. The reasons, causing construction contract to be null and void, are various. In dealing with invalid ones, the clients should be claimed to undertake some responsibilities according to different conditions. These responsibilities involve relevant administrative responsibility in addition to civil responsibility such as reimbursement, compensation at a discount, restitution of damages and taking over the property.     

information Asymmetry Theory and Its Application in the Project Management

This paper introduces the basic content of information asymmetry theory and comments on the theory of information asymmetries.It establishes an information model in project management and analyzes the phenomenon of information asymmetries between owner and contractor in the phase of bidding and fulfilling.It presents some countermeasures of resolving information asymmetries in the project management such as building information network,devising reasonable contract,reinforcing government' s guidance,strengthening the good faith,breeding intermediate agency,building the system of early risk warning and so on.     

Who Should Accept the Performance Security Sum

As the project volume increases, the risk will increase correspondingly. In order to finish the project successfully, usually, the client would ask the contractor to submit a performance security sum. However, its meaning and form are not very clear and there is a lot of abnormal operation in China. Many dissensions have been arisen, which make the project performance difficult. Starting with a case study combined with international convention, the meaning and form of the performance security sum are explained in detail and the performance bond is introduced as a main point. At the same time, aiming at the actual situation in China some instructive advice according to international experience is put forward.     

农村土地承包经营权要素编码规则研究

建立统一的农村土地承包经营权要素编码规则是开展农村土地承包信息化建设的基础性工作。从农村土地承包经营权的主体、客体和内容出发,将发包方、承包方、承包地块、承包合同、农村土地承包经营权证和农村土地承包经营权证登记簿作为编码对象;基于农村土地承包经营权各要素之间的相互关系,将承包地块和承包方纳入到发包方下进行统一编码,承包合同、经营权证和登记簿编码一致,并且与承包方编码关联;以行政区划编码为基础,提出了各编码要素的代码结构、编码方法和赋码规则。研究对提高农业行政主管部门办事效率和促进农村土地承包信息化建设具有十分重要的理论和实践意义。