I think it is necessary to pay attention to the setting of some contract terms in the whole process of consulting the entrustment contract:
1
Distinguish between hosting, co-organizing and co-organizing-although it is the consulting service mode of the whole process of the project, there are still priorities in everything. In order to smoothly implement the investment and construction project according to the predetermined idea, sequence and time node, it is necessary to integrate the high-quality resources of the entrusting party and the entrusted party in advance in the process of signing the contract, give full play to the special high-quality resources such as local resources, professional resources and natural resources, and promote the project efficiently. For example, it is stipulated in the "contract" that the project will be presided over by the construction unit and assisted by the engineering consulting unit at the start-up stage and the construction approval stage, so that the local resources of the construction unit, especially the network resources, can be brought into play and complement the professional resources of the engineering consulting unit. Distinguishing between sponsorship, co-sponsorship and co-sponsorship can also distinguish and clarify the responsibilities, rights and interests of the entrusting party and the entrusted party, so as to prevent mutual buck-passing, buck-passing and shirking responsibilities during the implementation of investment construction projects, which will make it difficult to advance the project implementation, delay the project implementation for a long time, and may also cause chain reactions and claims. After the Joint Project is stipulated in the Contract, the organization and the lead completion unit must be clearly defined, otherwise, there may be a situation where whoever is irresponsible is left unattended, and the loss may outweigh the gain.
2
Procedures for project commencement and construction application-It is advisable to stipulate in the "contract" that the engineering consulting unit is the co-organizer of various procedures for project commencement and construction application, and the construction unit is the organizer. The main reason is that the construction unit has relatively high-quality local resources in the local area and is familiar with the local workflow, especially the network resources. The construction unit is convenient to handle affairs, and can handle affairs quickly; In the process of project commencement and application for construction, the relevant docking office generally only recognizes the construction unit and does not accept the engineering consulting unit in accordance with the requirements of laws, regulations and rules, and will ask the construction unit to authorize the contact personnel in writing; In the process of doing things, it may cost money, which is difficult for engineering consulting units to pay; If the Contract stipulates that the project consulting unit will preside over the project, the efficiency may be low, and the risk of project implementation progress may increase, which is not conducive to the rapid advancement of the preliminary work of investment and construction projects.
three
Set the exemption clause-the whole process consulting entrustment contract often lacks the exemption clause, which needs to be supplemented by both parties through consultation. For example, if the progress of investment and construction projects is delayed due to the following circumstances, it is best to stipulate in the Contract that the engineering consulting unit should be exempted: the construction unit has many procedures and low efficiency; Force majeure factors, such as earthquake, typhoon, rainstorm and flood; Vacation or isolation in case of sudden epidemic; In case of accident or business trip, suspend service business; Military exercises, air defense exercises and so on. Consulting units in the whole process of engineering can avoid their own risks by reasonably setting and signing exemption clauses, scientifically avoiding their responsibilities and avoiding their own risks, so as to prevent their own risks from increasing and being uncontrollable.
four
The Contract stipulates the working procedure, inspection and assessment mechanism and management form-in the whole process of project consulting management, engineering consulting units often lack grasping and control means. Such as working procedures, inspection and assessment mechanisms, management forms, etc. They are all set in advance in the whole process of project consultation and entrustment contract. Engineering consulting units will have rules to be found, documented and followed at all stages of project implementation, and many methods, measures and methods can be added in their daily specific work.
five
In terms of the payment method of the consulting entrustment contract in the whole process of the project-in the payment method agreed in the Contract, we usually see: setting the payment node and payment proportion according to the progress or place of project implementation; According to the percentage of completed investment, set the payment node and payment method of payment percentage; According to the total service period, the payment nodes and percentage payment methods in different time periods are set. The first two payment methods seem fair and reasonable, but there are many disadvantages and hidden dangers for engineering consulting units. These disadvantages and hidden dangers mainly include: (1) The engineering consulting unit has a large amount of funds in the early stage, which is easy to cause the loss of capital time and opportunity cost and its own financial pressure; If the project implementation progress is delayed, it is easy to wrangle and it is difficult to pay back the money, so the construction unit often makes things difficult and even threatens the engineering consulting unit; It may also happen that the service period of the engineering consulting unit expires, and the entrusting party and the entrusted party agree to withdraw from the site through consultation, resulting in the withdrawal of the engineering consulting unit after the service period expires, while the investment construction project is still in progress, and the remaining engineering consulting fees are not easy to repay; According to the percentage of completed investment, set the payment node and payment method for the percentage. For projects with many blocks and many construction units, there is no direct basis for the collection and provision of payment basis, which may also cause difficulties and ease in payment disputes. From this analysis, it seems that the third payment method is better to set payment nodes and payment percentages in different time periods according to the total service period.
six
It is not advisable to set up a one-time and indefinite "contract"-because it takes 3-5 years for a general investment construction project to start, submit for approval and submit for construction, and complete delivery, and the construction period even exceeds 10 year. There are too many uncertainties, the service period is difficult to control, and the implementation will generally be delayed to varying degrees. If the entrustment contract of consulting management in the whole process of the project is signed as an open-ended big contract, the potential risks and losses are immeasurable and may be unbearable. Of course, it is good to set the whole process consulting management entrustment contract of investment and construction projects as a "contract" with no fixed term, but it is often easier said than done, especially the whole process consulting entrustment contract of public bidding projects.
The above points are my preliminary experience summary and reflection on the whole process consulting entrustment contract in recent years, which are sorted out for friends to discuss and refer to, and welcome your valuable opinions!