(A) improve the quality of contract management personnel to improve the quality of contract management personnel is the primary task of enterprise contract management, but also the urgent need at present, we can start from the following four aspects:
1, select talents. According to the quality conditions that contract managers should have, select outstanding talents of this enterprise as contract managers, or select personnel through public evaluation and competitive recruitment.
2. Organize on-the-job learning. According to the reality of enterprises and markets, contract managers can be organized for on-the-job learning.
3. Send it to relevant institutions for further study. Every enterprise should cultivate excellent contract management personnel, so it is necessary to choose the backbone who loves socialism, works well and has a bright future to enter relevant colleges and universities for further study.
4. Establish post responsibility system. It is necessary to implement the post responsibility system for contract managers, clarify responsibilities, rights and interests, establish a competitive mechanism, and reward contributing enterprise leaders and contract managers.
Through the above ways, the quality of contract managers in enterprises will be improved in an all-round way, including ideological quality, legal awareness, language proficiency and professional ability.
(B) Establish and improve the enterprise contract management system is mainly to establish and improve the organizational network and institutional network of enterprise contract management.
Organizational network refers to the establishment and improvement of contract management institutions (including full-time institutions and part-time institutions) from top to bottom, so that contract management covers every level of the enterprise and extends to every corner. Generally speaking, large and medium-sized construction enterprises, group companies and subsidiaries should set up full-time contract management departments, branch companies should set up full-time or part-time contract management departments, and project management departments should set up contract management positions. If there is a legal department, it should undertake the responsibility of contract management and perform the functions of legal consultation, contract review, performance supervision, organization of arbitration and litigation.
System network means that enterprises should establish and improve concrete and operable systems for every link in the whole process of contract management, so that contract management can be followed by rules. These links include: contract negotiation, drafting, review, signing, release, disclosure, learning, responsibility decomposition, performance tracking, change, suspension, dissolution and termination. Second, all levels of an enterprise should have their own contract management system. Group companies and companies should establish and improve a comprehensive contract management system, branches should supplement their own contract management system according to their own needs, and the project management department can also make some necessary supplements.
To establish and improve the contract management system of construction enterprises, we must follow China's "Contract Law" and related laws and regulations, as well as the actual situation of enterprises. The Contract Law is a summary of the experience and lessons of contract management since the founding of the People's Republic of China, especially since the reform and opening up, and it is also the practical application of contract theory. Chapter 16 of the specific provisions has made special legal provisions on construction contracts, which is more conducive to our construction enterprises to standardize their own contract management and safeguard their legitimate rights and interests. Article 286, in particular, for the first time in history, gives construction enterprises the right to be compensated first in the discounted or discounted income of construction projects. Most of the legal provisions of the contract law can be incorporated into the enterprise contract management system.
The organizational network and institutional network of contract management constitute the enterprise contract management system. It is necessary to ensure the operation of the system through regular inspection. It is necessary to check whether the contract management organization and system meet the needs of contract management and market demand. Make necessary adjustments to inappropriate parts. In short, the contract management system should also be dynamically controlled, adjusted in time and constantly improved.
(III) Examining the credit standing of the parties to a contract Before contract negotiation, the qualifications of the parties to the contract should be examined first, including the signing qualification, performance ability and previous performance reputation.
Credit audit mainly depends on the following aspects: first, business license, second, power of attorney, third, assets and liabilities, fourth, related performance, and fifth, business license of franchised industries or special commodities. In addition, the quality system certification and credit certificates issued by banks and tax authorities should also be audited.
(4) Vigorously promote the demonstration text of the construction contract (GF- 1999-020 1).
Because the performance rate has a great relationship with the quality of the contract. A good contract text is conducive to performance. The model text recommended by the Ministry of Construction and the State Administration for Industry and Commerce is compiled according to the contract conditions of civil engineering construction in Fidyk and the experience and lessons of China's construction industry since the reform and opening up. Comprehensive, accurate and rigorous, with strong operability. This is a good contract text. The use of this text will help to plug the loopholes caused by the legal and linguistic aspects of contract managers, clarify the responsibilities of contract subjects and solve contract disputes. Because this text is not mandatory, it is only for reference and recommendation, so some contractors do not use it and draft it themselves. For these self-made texts, we should pay attention to comparing them with the model texts when reviewing them to prevent errors, omissions or ambiguities. It is best to mobilize employers to use model texts in the activity of "emphasizing contracts and keeping promises" to improve the quality of contract texts.
(five) regularly supervise and inspect the performance of the contract. The comprehensive contract management department shall supervise and inspect the performance of the contract, and generally adopt the methods of key inspection and spot check. The inspection includes three aspects: first, to see whether the parties fully perform the contract as agreed in the contract, and to urge the parties to strictly perform the contract; Second, it depends on whether the contract quantity, construction period and design have changed. During the performance. If there is any change, the change signing formalities shall be performed, and the contents of the change shall be specified in the form of contract; Third, it depends on whether there is a breach of contract, which is the main work of fine inspection. Any breach of any obligation agreed in the contract by either party will lead to breach of contract. Comprehensive contract management department should focus on monitoring this process. During the performance of the contract, the correspondence, notice and other documents between the two parties have legal effect. If there is a dispute, it is also an important evidence to distinguish responsibility. Therefore, the written materials formed in all aspects of contract performance should remain intact.
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