Discussion on the legal risk of the quality responsibility subject of the whole process engineering consulting unit

The engineering consulting industry has a history of more than one hundred years in the world, but it is a new industry in China after the reform and opening up, and it has not entered the real rapid development stage until this century.

Engineering consultation refers to the intellectual service that follows the principle of independence, science and justice, and uses the knowledge and experience of engineering technology, science and technology, economic management, laws and regulations to provide consulting activities for the decision-making and management of engineering construction projects of government departments, project owners and other customers. , including pre-project consultation, survey and design consultation, construction consultation, commissioning or post-delivery evaluation.

Engineering consulting has a wide range of business and various forms, which can be macro, holistic and whole-process consulting, or specific consulting in a certain field, a certain content and a certain stage. It involves many consulting contents, including political, economic, technical, social and cultural fields, and objectively needs the support of various professional and technical personnel. Therefore, its industry participants are diversified and its business development is characterized by various forms.

1, structural characteristics analysis of engineering consulting enterprises

Engineering consulting business covers a wide range, and the business system covers the whole life cycle of the project, including preliminary research, bidding consultation, design consultation, project management consultation, project evaluation consultation and planning consultation. Because there are many professional fields and technical talents involved (such as law, survey, design, supervision and cost), the early engineering consulting market business was mainly carried out by industry activities such as survey, design, supervision and cost, and independent business consulting was carried out in the form of fields, contents and stages. Until recent years, the whole process engineering consulting management has been put forward by the state to cultivate and develop the whole process engineering consulting enterprises, and China's engineering consulting industry has entered a new stage of development.

From the perspective of industry participants, at present, China's engineering consulting enterprises have independent engineering consulting enterprise organizations such as survey, design, supervision, cost and bidding, as well as comprehensive engineering consulting enterprise organizations developed in emerging markets. There is not only a complementary relationship in the market business, but also a parallel relationship in the development of the whole process engineering consulting business.

Complementarity in business

Whole-process engineering consulting refers to that comprehensive engineering consulting enterprises are responsible for the preliminary research and decision-making of construction projects and the whole life cycle of project implementation and operation, and provide engineering consulting services involving organization, management, economy and technology, including design and planning. In terms of qualification ability, the whole process engineering consulting enterprise should have more than two qualifications of engineering design, engineering supervision and engineering cost, which are suitable for the project scale and entrusted content.

From this point of view, consulting enterprises with the qualification of whole-process engineering consulting enterprises do not necessarily have comprehensive engineering consulting capabilities, and lack the service capabilities of some consulting businesses beyond the scope of their qualification certificates. Therefore, the corresponding independent engineering consulting enterprises can supplement the whole process engineering consulting enterprises through this part of consulting business.

On March 5th, 20 19, the Guiding Opinions on Promoting the Development of Whole-process Engineering Consulting Services issued by the Ministry of Housing and Urban-Rural Development also pointed out that the whole-process consulting service unit can entrust the consulting business beyond the scope of its qualification certificate to a unit with corresponding qualifications or capabilities according to the contract or with the consent of the construction unit. Of course, the whole process consulting service unit should take overall responsibility for this part of the entrusted business.

Parallel relationship in the whole process engineering consulting business

According to the requirements of Guiding Opinions on Promoting the Development of Whole-process Engineering Consulting Services, the organizational forms of developing the whole-process engineering consulting market business can be divided into two modes: the operation of whole-process engineering consulting units and the joint operation mode adopted by independent engineering consulting units.

Judging from the trend development, it is an inevitable trend for the future development of engineering consulting industry to carry out the whole process engineering consulting market business. Accordingly, the whole process engineering consulting enterprises should also become the main trend direction of domestic engineering consulting enterprises in the future. However, objectively, due to the short development time of the whole process engineering consulting business in China, the development of the industry is not mature in terms of professional technology, talents, management and services, and it will take some time to accumulate and precipitate.

Therefore, the development of the whole-process engineering consulting market business at this stage needs various forms of exploration and development, and the consortium composed of whole-process engineering consulting enterprises and independent consulting enterprises should participate in the development of the whole-process engineering consulting market business.

2. Risk protection of enterprise participants in the engineering consulting market

With the rapid development of the industry, there are not only huge market opportunities, but also industry risks that can not be ignored, whether for the whole process engineering consulting enterprises or independent engineering consulting enterprises.

In recent years, in order to promote the development of engineering consulting industry, the state has continuously broken down industry barriers, liberalized market access and accelerated the marketization process of various engineering consulting services. Especially in terms of various qualification thresholds, the state has continuously simplified administration and decentralized power, changed the way of industry supervision, strengthened the power of market supervision, and further lifted the shackles of the development of engineering consulting industry. For example, in the engineering cost consulting industry:

1

2019165438+1October 15 Guo Fa [2019] No.25 Notice of the State Council on Launching the Pilot Project of "Separation of Licenses" mentioned that Grade A of engineering cost consulting enterprises was directly cancelled in the pilot area.

2

On February 19, 2020, the Ministry of Housing and Urban-Rural Development revised the Measures for the Administration of Engineering Cost Consulting Enterprises and the Measures for the Administration of Registered Cost Engineers by Order No.50, and proposed: 1. Delete "double 60%", that is, cancel "the number of registered cost engineers shall not be less than 60% of the total number of investors, and the capital contribution shall not be less than 60% of the total capital contribution subscribed by the enterprise". 2. Applying for Grade A qualification, the number of first-class cost engineers has been reduced from 10 to 6, and the number of people who need to work full-time in engineering cost has been reduced from 20 to 12, which greatly reduces the requirements and reduces the burden on enterprises.

The engineering cost consulting market is more open, and the industry competition is bound to be more intense. Especially for the phenomenon that the quality and safety of enterprises may be mixed after the qualification threshold is lowered, the risk threats faced by engineering quality and safety, the property losses and liability compensation of related construction activities have greatly increased, and a supporting risk protection system is urgently needed.

From the perspective of effectively preventing and coping with risks, it is an effective means of risk protection to insure the corresponding professional liability insurance. In recent years, with the continuous tightening of quality and safety responsibilities of related construction activities and the emergence of some new construction activities, the objective demand for occupational risk protection has been continuously improved, and domestic engineering professional liability insurance has gradually entered a stage of rapid development. Under such an environmental background, professional liability insurance for engineering consulting will provide effective insurance guarantee for related construction activities and project quality and safety.

At present, with the rapid development of the whole process engineering consulting market, China engineering consulting industry is facing brand-new market development opportunities. It is of great value and significance for the further development of the industry to analyze its market development and risk protection needs.