EPC (General Contracting of Engineering) compares EPC general contracting and agent construction system from the aspects of origin, theoretical analysis, contract content and IT risk, and points out the differences, so as to provide a basis for power and responsibility analysis and interface management in the actual work process.
The whole process of agent construction contract covers the agent construction management from feasibility study to project completion acceptance, which is essentially project management. At present, the distinction between general contracting and agent construction system is unclear, which is obviously not conducive to the development of agent construction system and general contracting theory. For example, Shanghai Tunnel Engineering Co., Ltd. and Shanghai Construction Engineering Management Co., Ltd. invested in Dalian Road Crossing River Tunnel Project, and entrusted Shanghai Construction Engineering Management Co., Ltd. and Shanghai Jiantong Engineering Construction (Consulting and Supervision) Co., Ltd. to form a project management department to implement project management on behalf of the agent, and Shanghai Tunnel Engineering Co., Ltd. designed and completed the implementation of the general construction contract (DB mode). In the case of implementing agent construction management and general contracting at the same time, it is particularly important to make a comparative study of them for inter-organizational power and responsibility analysis and interface management. In this paper, the general contracting project is taken as an example to make a theoretical comparative study on the agent construction system.
1, the origin of EPC general contracting and agent construction system
How to manage * * * investment projects, improve investment efficiency and benefit, ensure the quality of project construction, standardize the construction market and prevent corruption is a big problem that puzzles the reform of * * * investment system. At this time, the agent construction system came into being.
Regarding the origin of EPC general contracting, many articles think that EPC, as a contracting method, brings economic benefits to the owners and is the fundamental driving force for the owners to implement EPC general contracting. The author believes that EPC first appeared in industrial and civil buildings owned by private owners in western countries, especially in large-scale projects. On the one hand, the emergence of EPC is due to the shortening of technology update cycle and the pressure of fierce market competition. The order in which owners pay attention to projects has changed from traditional C (cost), P (quality, performance and function) and T (time) to T (time), P (quality, performance and function) and C (cost). On the other hand, because the purpose of the owner's investment is to obtain the expected investment benefit, he pays more attention to the operation stage of the project. Therefore, the owner wants the contractor to contract the project at a fixed total price, so most of the risks/indicators. "target =" _ blank" > The risk is borne by the contractor, which makes the EPC general contracting mode u J appear gradually in practice. Simply put, the owner is not an expert in engineering and will not take the initiative to realize the advantages of EPC general contracting. Owners pay more attention to the benefits brought by the project operation, rather than the benefits brought by the optimized design.
2. Theoretical analysis of 2.EPC general contracting and agent construction system.
The theoretical analysis of agent construction system is complicated. After the agent construction system was put forward, many articles mentioned that the agent construction system is a principal-agent relationship. The agent construction unit manages the agent construction project according to the entrustment of the owner (usually * * *) and the agent construction contract. In the whole contract system of the agent construction project, it can be considered that the position of the agent construction unit is "representing Party A" rather than "Party B" in the traditional sense. Therefore, it seems logical to regard the agent construction system as a principal-agent relationship. Some people have put forward the following different opinions: in civil law, "agency" refers to a legal system in which an agent independently conducts civil acts with a third party in the name of the principal or in his own name within the scope of agency, and the resulting legal effect is directly or indirectly owned by the principal. One of the characteristics of agency in civil law interpretation is that the legal effect of agency is borne by the client. In the agent construction system, the agent accepts the entrustment of the owner, that is, the investor, and undertakes the management of the whole process of the construction project, and the civil liability arising in this process is borne by the agent, which is contrary to the agency meaning stipulated in the civil law, so it is unreasonable to interpret the agent as an agent.
In my opinion, although there are some contradictions between the institutional design of agency as a project legal person and the current legal environment, the agency system should still belong to the category of principal-agent. The reason for this is the following：
① The agent construction system is a management mode. Specifically, who will manage the project. Since the founding of the People's Republic of China, it has experienced four management modes: owner-run, supervision, project management and agent construction system. From this point of view, the agent construction system is the most advanced project management mode at this stage. This concept is very extensive, and the contents and forms of contracts involved are different. However, for the specific construction contract, the owner entrusts the project management to the construction unit, and the construction unit completes the entrusted task and gets the corresponding remuneration, which is a relatively complete entrusted agent;
(2) whether the agent construction system belongs to the principal-agent relationship is the focus of the debate. One of the characteristics of principal-agent is that the agent works independently within the scope of authorization and does not bear the consequences. Now, in order to ensure the investment effect, there are specific provisions on the agent's liability compensation: if the agent arbitrarily changes the construction content, expands the construction scale and improves the construction standards during the construction process, resulting in project delay, increased investment or unqualified project quality, the loss or increased investment will be compensated from the agent's bank performance guarantee; If the amount of performance bond is insufficient, the project construction management fee shall be deducted accordingly; If the project construction management fee is insufficient, it shall be paid by the construction implementation unit with its own funds; At the same time, the agent shall not participate in the bidding of local * * * investment construction projects within a certain period of time. The essence of the two is conflict. However, according to the principal-agent theory, under the condition that the principal has no supervision or the principal has no ability to supervise, the agent may pursue his own interests and deviate from the interests of the principal, resulting in the principal-agent problem. In order to realize the agency effect, everyone will face a similar problem, that is, to solve the incentive and constraint problem of agents under asymmetric information. Combined with the characteristics and practice of the project, the agent risk problem can be regarded as a solution to the principal-agent problem. Or the agent's risk problem can be regarded as the agent's breach of contract. As far as the risk of the agent contract itself is concerned, the agent system can still be regarded as the principal-agent category.
What qualifications does a general contractor need? There is no special general contracting qualification in China. Any enterprise with the qualification of engineering survey, design or construction general contracting can engage in the general contracting business of construction projects of corresponding grades within the scope of qualification permission according to law. However, those who undertake the construction general contracting business must be enterprises that have obtained the qualification of construction general contracting. Engineering survey, design and construction enterprises can also form a consortium to carry out joint general contracting of engineering projects.
General contracting refers to the whole process or several stages of contracting for the feasibility study, survey, design, procurement, construction and trial operation (completion acceptance) of the project entrusted by the owner. The general contracting enterprise is fully responsible for the quality, safety, construction period and cost of the contracted project.
The general contracting mode can be divided into two ways: process content and financing operation.
1, E+P+C mode (project procurement and construction)/turnkey general contracting
EPC (the combination of engineering (design) and procurement (construction)) means that the general contracting enterprise undertakes the design, procurement, construction and commissioning services of the project in accordance with the contract, and is fully responsible for the quality, safety, construction period and cost of the contracted project. It is the most important project general contracting mode in China at present.
Turnkey general contracting is an extension of the general contracting business and responsibility of engineering procurement and construction, and ultimately it is to submit a project that meets the use function and has the use conditions to the owner.
2.E+P+CM mode
EPCM (Combination of Engineering, Procurement and Construction Management) is one of the most popular engineering payment and management modes in the international construction market, and it is also one of the general contracting modes currently implemented in China. The EPCM contractor is entrusted by the owner or determined by bidding, and the contractor directly signs a contract with the owner to be fully responsible for the design, material and equipment supply and construction management of the project. According to the investment intention and requirements put forward by the owner, select and recommend the most suitable subcontractor for the owner through bidding to complete the design, procurement and construction tasks. The design and procurement subcontractors are responsible for EPCM contractors, while the construction subcontractors are managed by EPCM contractors instead of signing contracts with EPCM contractors, and the construction subcontractors have a direct contractual relationship with the owners. Therefore, EPCM contractors do not have to bear the construction contract risks and economic risks. When EPCM general contracting mode implements one-time total quotation payment, the economic risk of EPCM contractor is controlled within a certain range, the economic risk undertaken by the contractor is relatively small, and the profit is relatively stable.
3, design+construction general contracting (D+B)
Design-construction general contracting means that the general contracting enterprise undertakes the design and construction of the project according to the contract, and is fully responsible for the quality, safety, construction period and cost of the contracted project.
4. According to the different scale, type and owner's requirements of the project, the general contracting of the project can also adopt the methods of design-procurement general contracting (E-P) and procurement-construction general contracting (P-C).
The Ministry of Housing and Urban-Rural Development accelerates the general contracting of projects. What is general contracting?
Project management is to use the knowledge and methods of project management to operate the project, and general contracting is a mode to complete the project.
Second, the project management introduction:
Project management refers to an enterprise engaged in project management entrusted by the owner to manage and serve the whole process or several stages of project organization and implementation on behalf of the owner in accordance with the contract (some enterprises also have their own construction organizations to build and manage their own projects, which also belong to the scope of project management, and the management methods and processes refer to project enterprises). The project management enterprise does not directly sign a contract with the project general contracting enterprise or the survey, design, supply and construction enterprise, but can assist the owner to sign a contract with the project general contracting enterprise or the survey, design, supply and construction enterprise according to the contract, and be entrusted by the owner to supervise the performance of the contract. Specific methods, service contents, authority, expenses and responsibilities of project management, etc. , should be agreed by the owner and the project management enterprise in the contract.
III. Introduction to General Contracting:
General contracting refers to the whole process or several stages of contracting for the feasibility study, survey, design, procurement, construction and trial operation (completion acceptance) of the project entrusted by the owner. The general contracting enterprise is fully responsible for the quality, safety, construction period and cost of the contracted project. The general contracting enterprise must obtain the corresponding qualification certificate issued by the Ministry of Housing and Urban-Rural Development or the provincial and municipal level.
What are the advantages of general project contracting over general construction contracting? Of course, general contracting has more advantages. This advantage is reflected in the control of the whole project, which will make more money. The general construction contract can also be considered as a general engineering contract, but it may be a general labor contract in details, so the benefits are far less than the general engineering contract.
I hope my answer can help you.
What are the contents of general contracting management? 1 general contracting management includes the project management activities of the project department and the project management activities of the functional departments of the general contracting enterprise.
The scope of project general contracting management is stipulated in the contract. The scope of changes proposed and approved according to the contract change procedure should also be included in the scope of project management.
The main contents of general contracting management include: project start-up, appointment of project manager, establishment of project department and preparation of project plan; Implement design management, procurement management, construction management and trial operation management; Conduct project scope management, schedule management, cost management, quality management, safety, occupational health and environmental protection management, human resource management, risk management, communication and information management, material management, fund management, contract management, site management, project closing, etc.
4 When the owner hires a project management organization, the project department shall accept and cooperate with the work of the project management organization.