1. What is the classification of project contracting methods?
project contracting mode refers to the economic relationship between the employer and the contractor.
From different angles, such as the scope of contracting, the position of the contractor, the method of contract pricing, and the way to obtain the contracted tasks, the contracting methods of the project can be classified in different ways, which are mainly as follows:
(1) According to the scope (content) of contracting, it can be divided into: contracting in the whole construction process; Stage contracting and special (industry) contracting. Stage contracting and special contracting methods can also be divided into three ways: contracting for materials, contracting for part of materials, and contracting for no materials.
(2) According to the position of the contractor, it can be divided into: general contracting; Subcontracting; Independent contracting; Joint contracting and direct (3) according to the contract valuation method, it can be divided into: fixed-price contract; Adjustable price contract and cost plus fee contract.
(4) According to the ways of obtaining contracted tasks, it can be divided into: planned allocation; Bidding competition; Entrusted (negotiated) contracting and instruction contracting.
2. Classification of contracting modes according to the scope (content) of contracting
(1) Contracting in the whole construction process is also called turnkey, turnkey and turn-key contract. It means that the employer generally only needs to put forward the use requirements, the completion period or make decisions on other major decision-making issues.
the contractor can carry out the whole process of project proposal, feasibility study, survey and design, materials and equipment procurement, construction and installation, staff training, completion and acceptance, until it is put into use and post-construction evaluation.
implement overall general contracting, and be responsible for unified organization, coordination and management of all subcontracted tasks and part of the strength of the employer who is absorbed to participate in the work related to the project construction when necessary.
the whole process of construction contracting is mainly applicable to large and medium-sized construction projects. Large and medium-sized construction projects require engineering contracting companies to have strong technical and economic strength and rich experience in organization and management, which are usually undertaken by powerful engineering general contracting companies (groups).
The advantage of this contracting method is that full-time engineering contracting companies can make full use of their rich experience, further accumulate construction experience, save investment, shorten the construction period, ensure the quality of construction projects and improve investment efficiency.
(2) Stage contracting refers to the contracting by the employer and the contractor for a certain stage or certain stages of the construction process, such as survey, design or construction, materials and equipment supply, etc.
for example, survey and design units undertake survey and design tasks; Construction enterprises undertake industrial and civil construction, and equipment installation companies undertake equipment installation tasks. Among them, the contracting in the construction stage can be subdivided into the following three ways according to the specific contents of the contracting:
① The contractor is responsible for all the labor and materials used in the construction. Its advantages are that it is convenient to adjust surplus and shortage, reasonably organize supply, speed up construction, and promote construction enterprises to strengthen enterprise management, be careful and save, and reduce losses and waste.
It is conducive to the rational use of materials, reducing the project cost and reducing the burden of the construction unit.
(2) the contractor is only responsible for providing all the labor and part of the materials for construction, and the employer or the general contractor is responsible for supplying the rest of the materials.
(3) contract work is also called contract clearing work, which is essentially labor contract, that is, the contractor (mostly subcontractor) only provides labor services and does not undertake any obligation of material supply.
(3) Special contracting
It means that the employer and the contractor contract for one or several special projects in a certain construction stage. Special contracting is mainly applicable to auxiliary research projects in the feasibility study stage.
engineering geological survey, water supply source survey, foundation or structural engineering design, process design, power supply system, air conditioning system and disaster prevention system design in the survey and design stage; Deep foundation construction, metal structure fabrication and installation, ventilation equipment and elevator installation in the construction stage.
special projects such as equipment purchase and production technical personnel training in the construction preparation stage. Because special projects are highly professional, they are often contracted by relevant professional subcontractors, so special contracting is also called professional contracting.
3. Classification of contracting methods according to the position of contractors
(1) General contracting is referred to as general contracting, which means that the employer contracts all the work in the whole construction process or one or several stages of a construction project to a contractor.
The contractor can subcontract some professional work within the scope of his own contract to different professional contractors, and coordinate, supervise and manage them in a unified way. The professional contractors only have a direct relationship with the general contractor, not with the employer.
there are two main situations of general contracting: one is general contracting in the whole construction process; The second is the general contracting in the construction stage.
general contracting in the construction stage mainly includes: general contracting for survey, design, construction and equipment procurement; General contracting of survey, design and construction.
general contracting of survey and design; General contracting of construction; General contracting of construction and equipment procurement; Investment, design and construction general contracting, that is, the construction project is funded by the contractor's loan, and is responsible for planning, design and construction, and then transferred to the employer after completion.
The general contracting of investment, design, construction and operation is generally called BOT mode, that is, the employer and the contractor invest together, and the contractor is not only responsible for the feasibility study, planning, design and construction of the project, but also for operating it for several years or decades after completion, and then transferring it to the employer.
when the general contracting mode is adopted, the general contracting task can be contracted out to powerful consulting companies, survey and design units, construction enterprises and large construction companies with integrated design and construction according to the specific conditions of the project.
(2) Subcontracting is referred to as subcontracting for short, which is relative to general contracting. It refers to subcontracting a sub-project from the general contractor's contracting scope, such as roofing waterproofing, interior decoration and other sub-projects or some professional projects, such as steel structure production and installation, elevator installation and sanitary equipment installation.
the subcontractor is not directly related to the employer, but only responsible to the general contractor, who will make overall arrangements for its activities on site.
The project contracted by subcontractors cannot be the main structural project or main part (key part) within the scope of general contracting, and the main structural project or main part must be completed by the general contractor.
there are two main cases of subcontracting: first, subcontracting as stipulated in the general contracting contract, and the general contractor can directly select subcontractors and conclude subcontracting contracts with the employer after approval.
second, subcontracting not stipulated in the general contracting contract must be approved by the employer before the general contractor can select subcontractors and conclude subcontracting contracts with them. It can be seen that subcontracting can only be carried out after the consent of the employer.
(3) independent contracting refers to the contracting mode in which the contractor completes the contracting task by himself. This method is mainly suitable for engineering projects with simple technical requirements and small scale.
(4) Joint contracting It is relative to independent contracting, which means that the employer contracts an engineering task to more than two contractors, and these contractors jointly contract.
Joint contracting is mainly suitable for large-scale or complex projects. The parties participating in the joint venture usually take the form of establishing a joint venture company, joint venture company, joint group and other joint ventures.
select the contractor's representative, coordinate the relationship between contractors, sign a contract with the employer (the construction unit) in a unified way, and * * * shall be jointly and severally liable to the employer.
all parties participating in the joint venture are still independent enterprises, but a joint agreement must be reached in advance for the project contracted by * * * to clarify the obligations and rights of each joint contractor.
including the amount of funds invested, the dispatch of workers and managers, the types of machinery and equipment, the cost sharing of temporary facilities, the sharing of profits and the sharing of risks.
In the increasingly fierce market competition, adopting the mode of joint contracting has obvious advantages, which are as follows: it can effectively weaken the competition among multiple contractors and resolve and prevent contracting risks.
Promoting contractors to learn from each other's strong points in information, capital, personnel, technology and management is helpful to give full play to their respective advantages; Enhance the ability of * * * to contract large-scale or complex projects, and increase the opportunities for large and medium-sized bids and * * * to obtain more lucrative profits.
(5) direct contracting means that different contractors sign contracts with the employer (the construction unit) on the same project, and each is directly responsible for the employer.
there is no relationship between general contracting and sub-contracting, and the coordination work on site is done by the employer himself, or by entrusting a contractor to take the lead, or by hiring a special project manager.
4. Divide the contracting methods according to the contract pricing method
(1) Fixed-price contract The so-called fixed-price contract means that the project contract price determined in the contract will not be adjusted due to price changes during the implementation period. Fixed-price contracts can be divided into fixed lump sum contract and fixed unit price contract.
① lump sum contract is fixed, which means that the total contract price for contracting the whole project has been determined, and it will no longer change due to rising prices during the project implementation.
Therefore, the fixed lump sum contract should consider the price risk factor when determining the contract price, and the fixed lump sum contract should clearly specify the scope of the total contract price when signing the contract. This method of determining the contract price is usually suitable for projects with small scale, complete construction drawings, little risk, simple technology and short construction period (generally less than one year).
this kind of contract price can enable the employer to have a general idea of the total project expenditure and control the use of funds more effectively in the construction process. However, for the contractor, it has to bear greater risks, such as price fluctuation, bad weather conditions, geological foundation conditions and other unexpected difficulties.
(2) Fixed unit price contract It means that the unit prices determined in the contract will not be adjusted due to price changes during the project implementation, but will be settled according to the actual completed quantities at the monthly (or each stage) project settlement, and the total project price will be finally settled by the completed quantities when the project is fully completed.
(2) Adjustable Price Contract
① The total contract price of the project determined in the adjustable lump sum contract contract can be adjusted with the price change during the implementation period. When the employer and the contractor negotiate the contract, the total contract price is calculated according to the requirements of the tender documents and the price at that time.
if the cost increase due to inflation reaches a certain limit during the execution of the contract, the total contract price will be adjusted accordingly. The contract with adjustable price makes the employer bear the risk of inflation, while the contractor bears other risks. Generally suitable for projects with a long construction period (such as more than one year).
② adjustable unit price contract
is generally stipulated in the project bidding documents. The unit price signed in the contract can be adjusted according to the terms agreed in the contract, such as the price changes during the project implementation.
in some projects, when bidding or signing, the unit price of some partial projects is tentatively set in the contract due to some uncertain factors. When the project is settled, the contract unit price is adjusted according to the actual situation and the contract agreement to determine the actual settlement unit price.
(3) cost plus fee (expense) contract
, also known as cost compensation contract, refers to a contract awarding method in which the employer pays the contractor an agreed fee (total management fee and profit) in addition to the actual cost of the project.
the actual cost of the project mainly includes labor cost, material cost, construction machinery use fee, other direct costs, site funds and various independent costs. Its main methods are: cost plus fixed remuneration; Cost plus a fixed percentage fee; Cost plus floating fee; Target cost plus reward and punishment.
① Cost plus fixed fee
The project cost of this contracting method is reimbursed, but the fee is a fixed amount agreed in advance. In this way, the remuneration will not change with the change of cost. It can not encourage the contractor to reduce the cost, but it can encourage the contractor to shorten the construction period in order to get the remuneration as soon as possible.
② Cost plus fixed percentage gratuity
The project cost of this contracting method is reimbursed, but the gratuity is a percentage calculated on the basis of the project cost agreed in advance.
this contracting method is not good for the employer, because the higher the cost, the more remuneration the contractor will get, which cannot effectively encourage the contractor to reduce the cost and shorten the construction period. Now this contracting method has been rarely adopted.
③ Cost plus floating remuneration
In this contracting method, the expected level of project cost and remuneration is usually agreed by both parties in advance, and then the actual project cost is compared with the expected level. If the actual cost is exactly equal to the expected cost, the project cost is the cost plus fixed remuneration.
if the actual cost is lower than the expected cost, the remuneration will be increased; If the actual cost is higher than the expected cost, the remuneration will be reduced. The advantage of adopting this contracting method is that there is not too much risk for both the employer and the contractor, and it can also urge the contractor to reduce the cost and shorten the construction period.
the disadvantage is that it is difficult to estimate the expected cost in practice, which requires both contracting parties to have rich experience.
④ Target cost plus rewards and punishments
This contracting method is to prepare the budget estimate according to the roughly estimated engineering quantity and the appropriate budget unit price table after the preliminary design is completed and the target cost can be adjusted with the gradual concretization of the design.
in addition, a percentage is specified as the remuneration based on the target cost. In the final settlement, if the actual cost is higher than the target cost and exceeds the pre-agreed limit (for example, 5%), the remuneration will be reduced, and if the actual cost is lower than the target cost (there is also a range limit), the remuneration will be increased.
in addition, rewards and punishments can be given in another processing period. The advantage of this contracting method is that it can make the contractor care about reducing the cost and shortening the construction period. Moreover, since the target cost is determined by adjustment with the progress of design, neither the employer nor the contractor will bear much risk.
the disadvantage is the determination of the target cost, which also requires both the employer and the contractor to have rich experience.
5. Classification of contracting methods according to the ways of obtaining tasks
(1) Planned allocation Under the traditional planned economy system, the planning department of the central or local government allocates construction projects, and the design and construction units sign contracts with the construction units.
(2) Bidding Competition Through bidding competition, the successful bidder gets the engineering task and signs a contract with the construction unit. At present, China's engineering task is a contracting mode based on bidding competition.
(3) Entrusting a contract Entrusting a contract means that the construction unit negotiates with the contractor and signs a contract entrusting it to contract a certain project task. Mainly used for some small projects below the investment limit.
(4) instruction contracting instruction contracting is a project contractor designated by the competent government department according to law, which is only applicable to some special circumstances. If a few special projects or projects in remote areas are unwilling to bid, the competent department of the project or the local government may designate contractors.
Extended information
The project contracting system is also known as the project bidding contract system, which establishes the relationship between the buyer and the seller of the project, the contracting and contracting through certain procedures of bidding and tendering, and is a mode of operation of the project bidding contract system.
Bidding is the seller's activity and bidding is the buyer's activity. Through the bidding contract system, the buyer can obtain the project through competition and the seller can choose the appropriate construction unit.
the content of construction project contracting is very extensive, which can be used for the project