I. Employers
The employer refers to the government departments, enterprises, institutions and individuals who not only need to carry out a certain project construction, but also have the corresponding construction funds and various construction approval procedures, contract the consulting, design and construction supervision tasks of the project construction in the construction market, and finally obtain the ownership of the construction products. It can be governments at all levels, professional departments, asset management departments entrusted by the government, schools, hospitals, factories, real estate development companies and other enterprises and institutions, as well as individuals and individual partnerships. In China's engineering construction, it used to be called the construction unit or Party A; International project contracting is usually referred to as the owner (collectively referred to as the employer in the following discussion). They enter the construction market when contracting projects and organizing construction projects, and become the main body of the construction market.
The project developer is a project (enterprise) management team composed of investors' representatives, who are fully responsible and bear risks from the planning, financing, design, construction and implementation of construction projects to production and operation, repayment of loans and bond principal and interest. In other words, the employer must first bear all the responsibilities and risks of the construction project, make overall arrangements for all links in the construction process, and implement the unity of responsibility, right and benefit. The employer is the main body of investment behavior and should form an enterprise legal person.
Due to the long-term planned economic system, the vast majority of engineering construction contractors are not qualified market players, mainly in the following aspects.
First, some employers are not completely legal entities, and they do not have complete autonomy in the use of construction funds, building standards, contractor selection, etc., and are often interfered by their administrative departments, so they cannot bear the obligations and responsibilities that employers should bear.
Second, some employers have administrative power to interfere with the contractor's behavior at the same time, lacking the market awareness of equal pay, consensus, equality and mutual benefit, which undermines the equal trading relationship with the contractor and hinders the role of the market mechanism.
Third, the investment responsibility mechanism is not perfect, the employer is irresponsible for the investment benefit of the project construction, and cannot play a rigid role in binding the employer, which leads to unreasonable behavior, one-sided pursuit of low cost, high standard and short construction period, which damages the project quality and causes losses to the state property. The imperfection of the national asset management system and the weakness of the internal management system of the contracting party make the contracting party pursue the interests of individuals or small groups, which leads to the proliferation of unhealthy practices and corruption in project contracting.
Fourthly, the current construction management system makes employers subject to various interventions when choosing contractors. At present, most contractors and professional construction teams belong to industry management departments and local governments at all levels, and the investment responsibility mechanism is not perfect and the investment efficiency is not high.
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Interest is not bound to the employer, and the interests of both parties are not clearly defined, so it is difficult for the market to play its role through the interest incentive mechanism. At the same time, the blockade between departments and local governments has fundamentally hindered the survival of the fittest in market competition and the optimal allocation of resources.
Fifth, a considerable number of contractors do not have the corresponding technical and economic management personnel, and they do not have the ability to undertake contracting and organize project construction. The development of various intermediary service institutions such as consulting and supervision is far from meeting the needs, resulting in unscientific, unreasonable and imperfect project contracting and management.
Second, the contractor
A contractor refers to a construction enterprise that has certain production capacity, machinery and equipment, working capital and business qualification for contracting construction tasks, can provide different forms of construction products in the construction market according to the requirements of the employer, and finally get the corresponding project price. According to the main production forms, it is mainly divided into survey and design units and construction and installation.
Enterprises, concrete components and non-standard prefabricated components production enterprises, commercial concrete supply stations, construction machinery leasing units and enterprises specializing in providing construction services. Their production and business activities are carried out in the construction market, which is the main component of the construction market.
Third, intermediary service organizations.
Intermediary service institutions refer to consulting service institutions and other construction professional intermediary service institutions with corresponding professional service capabilities in the construction market, which are entrusted by contractors, contract awarding parties or government management agencies to provide high-intelligence services such as estimation and measurement, consulting agency and construction supervision. In the operation of market economy, intermediary organizations act as
As a link between government, market and enterprises, it plays an irreplaceable role in government management. Developed market intermediary organizations are an important embodiment of mature market system and developed market economy.
Judging from the work contents and functions of market intermediary organizations, the construction market intermediary organizations can be mainly divided into the following five types.
(1) A self-regulatory organization that coordinates and constrains the behavior of market participants.
Self-regulatory organizations include construction industry associations and their subordinate professional branches such as equipment installation, mechanical construction, decoration and product production enterprises, and construction supervision associations. They play the role of a link between the government and enterprises, and assist the government in industry management. Its main tasks include: investigating and collecting the problems and situations existing in the development of the industry, the wishes and requirements of enterprises, and reflecting them to the government in time as the basis for the government to formulate policies and regulations to protect the legitimate rights and interests of the industry; Carry out and convey national policies and guidelines, strengthen guidance to enterprises, and realize the management intention of the government; Formulate rules and regulations, standardize and constrain enterprise behavior, coordinate the relationship between enterprises, mediate and handle disputes between enterprises, and maintain normal market order; Collect and publish industry trends and market information to promote exchanges; Actively carry out education and training to promote the improvement of the quality of enterprise personnel and the promotion and adoption of advanced management methods and high technologies.
(two) the notary public to ensure fair trade and fair competition.
Notary agencies include professional accounting firms, auditors' firms, law firms, assets and credit evaluation agencies, notary agencies, contract dispute mediation and arbitration agencies, etc. Because these institutions are independent of the contracting parties, most of their personnel have received higher education and long-term professional experience, and their actions are bound by industry disciplines and regulations, thus ensuring the scientificity, authority and relative fairness of their actions. Therefore, some micro-management functions undertaken by government departments under the planned economy system can be undertaken by them in the form of paid services, which is conducive to the transformation of government functions. The paid and social nature of these services is also conducive to improving service attitude, ensuring service quality, improving service efficiency and perfecting service responsibility mechanism. Through technical services, intermediary agencies enable enterprises to understand their rights, help enterprises to implement and make good use of these rights, help enterprises to investigate the responsibilities of infringers and protect their legitimate rights.