Contract management runs through the whole process of engineering construction project, and construction contract management is an important content of engineering project management. The contract management of the construction unit is a process with long period, frequent changes and great influence from the external environment. It is necessary to maintain a dynamic concept of contract management.

First, the connotation of contract management of the construction unit

(A) the definition of contract management of the construction unit

The contract management of construction project refers to a systematic management method that plans, organizes, guides and controls the project contract efficiently with the construction project as the object and the realization of the project contract as the goal. Project contract management mainly includes the following aspects:

1. Laws, regulations, policies and regulations on labor protection, environmental protection, production safety and economy promulgated by the state and competent departments; 2. Technical specifications (including construction specifications), technical standards, design standards, quality standards and construction operation procedures promulgated by relevant state departments; 3. Construction documents and design documents approved by the government construction department; 4. Contract documents signed according to law; 5. Letters, notices, various disclosure materials, quality and quantity certification materials, contract negotiation process records and other materials between the project department and the other party to the contract.

(two) the type and basic characteristics of the contract of the construction unit

The main contractual relationships of the construction unit are: the construction project contract signed with the construction unit; The labor contract signed with the labor service team; Supply contracts signed with material suppliers; The transport contract signed with the transport unit; Subcontracts signed with professional teams; Insurance contracts signed with insurance units; The processing and installation contract signed with the processing unit; The lease contract signed with the leasing unit; The relocation contract and other contractual agreements signed with the local government. The basic features of the construction contract are as follows:

1. The contract should be complete. In other words, the content of the contract should be complete, the terms should be complete, and there should be no major omissions. 2. The contract should be accurate. A contract should use accurate words and be clearly defined. The rights and responsibilities of both parties are clear, and there can be no words that can be speculated and scrutinized, and there can be no ambiguous expressions that can be left or right. 3. The contract should be rational. An effective contract should be conducive to cooperation, honest and trustworthy, fair and reasonable, with clear rights and responsibilities and reasonable distribution. 4. The contract should be standard. Standardized contract can reduce the arbitrariness in the process of contract formulation and signing, meet the requirements of completeness, accuracy and rationality of the contract more easily, and ensure the rights and obligations of both parties to the contract to a greater extent. The contract should be flexible. Different contracts should have different emphases. For different working environments, different work processes and different professional fields, there are different contract contents, different risk prevention requirements and different distribution methods of responsibilities and rights.

Second, the current situation and existing problems of contract management of the construction unit

(A) the status of contract management of construction projects

The project contract management of the construction unit is a new management function. With the deepening of people's knowledge and understanding of contract management, in recent years, construction units have generally increased the intensity of contract management, standardized the contract model, formulated the contract management system, promoted the standardization of contract management, and clarified the investigation system for losses caused by human errors in the process of contract execution. However, the differences in the quality of contract managers in each project, the different attention paid by unit leaders, and whether the financial participation and supervision in contract management are in place have caused great deviations in the contract management effect of each project.

(B) the main problems existing in the project contract management

1. Weak sense of contract. Under the current market economy, the survival and development of enterprises are determined by market competition, but most construction enterprises are still in the transition period and can not fully adapt to the market competition mode of relying on contracts to safeguard their own interests. Many construction enterprises have no contract management department, lack feasible and effective contract management system and specific operating procedures, and cannot effectively supervise the whole process of contract from signing to performance.

2. Lack of contract management talents and no formal contract management organization. Contract management and contract claims are highly intelligent, involving the overall situation, professional, technical and legal. The lack of management talents has greatly affected the improvement of contract management level. At present, most construction enterprises have not established a formal contract management organization, so it is impossible to track projects in time and implement effective dynamic contract management.

3. The contract management system is not perfect. Some enterprises lack strict contract management system. The whole process of contract review, signing, performance, alteration, suspension or termination, dissolution and contract supervision and evaluation failed to achieve systematic, standardized and scientific management. The contract management of some enterprises lags behind, failing to update and improve with the emergence of new problems.

4. The degree of management informatization is not high. At present, the contract management of some enterprises is still dominated by manual operation, and the degree of informatization is low. For example, if the office of an enterprise is scattered or the subordinate units are far away from the headquarters of the enterprise, signing a contract requires the subordinate units to go to the headquarters of the enterprise for examination and approval, and it often takes many times to complete the contract procedures. Not making full use of computer and network resources not only increases the cost, but also reduces the work efficiency.

5. The contract is not strictly implemented. In some engineering contracts, both parties fail to perform the contract seriously, modify the contract at will, or violate the contract provisions. Breach of contract occurs from time to time, such as: the owner secretly contracts illegally on the condition of advance payment; The contractor fails to organize the construction in accordance with the law on schedule, and fails to carry out the construction according to the specifications, resulting in the delay of the project and poor quality of the project, which seriously affects the project construction market; The contractor illegally subcontracts; Material suppliers are shoddy, fake and shoddy, etc.

III. Specific rectification suggestions and measures to strengthen the contract management of the construction unit.

(A) the basic requirements of the contract management of the construction unit

1. Seriously study the contract law and strictly implement the unit contract management documents. As a full-time contract management worker, it is a basic quality to learn and understand the spirit of documents and legal provisions and strictly implement the requirements of unit management documents. In the financial management of the project, the author participated in the audit of the formulation and signing of the project contract, and found that some contract managers did not understand the contract law or did not implement the contract management documents of their own units, which led to invalid contracts or unnecessary disputes in contract management. It reflects our disregard for the binding and compliance of legal provisions and the seriousness of rules and regulations in the management process.

2. Ensure that the contract conforms to its basic characteristics. (1) In order to ensure the basic characteristics of the contract are consistent, the contract text should be as universal as possible. (2) According to different contract contents, enrich and modify the working details of the model to make it conform to the existing working practice as much as possible. According to the characteristics of the proposed project and the bidding documents, as well as the negotiation results between the employer and the contractor. (3) For different contents of the contract agreement, the centralized management department shall be required to carry out key inspection and modification.

3. Strictly sign the contract. No matter whether it is a general contract or a subcontract, we should pay attention to the following aspects in the signing stage: First, the contract should be signed in time, and it must not be signed before or only after signing, or some sensitive economic terms should be discussed after the completion of the project, which will make the project contract negotiation in a very passive state and even cause disputes or economic disputes between the two sides; Second, before the contract is signed, a joint hearing system should be implemented to prevent personal behaviors such as ultra vires agency and invalid agency; Third, pay attention to the prepayment clause. Generally, small subcontracted projects do not pay advance payment. For large-scale subcontracting projects, if the subcontractor can't issue the corresponding guarantee, he can't pay the advance payment, otherwise it will bring greater risks to the enterprise. Fourth, pay attention to the terms of breach of contract, and the handling of both parties' breach of contract must be clear; Fifth, pay attention to subcontracting and subcontracting, and it must be stated in the subcontracting contract that "subcontracting is regarded as breach of contract and should bear the liability for breach of contract".

4. Strengthen contract performance management. The contract focuses on execution, which is the key to ensure that the contract is completed on time and with good quality. The project should implement dynamic management of the whole process of the contract, focusing on the following aspects: first, follow-up execution, and the contract management department should follow up the whole process of the contract execution and deal with the problems in the performance in time; The second is to establish a ledger to objectively reflect the contract amount, project image progress, material allocation, machinery leasing, project loan, change claim, settlement, quality guarantee and other expenses between the project and the contractor. Third, pay attention to the settlement and payment of project funds to avoid unnecessary wrangling over time; Fourth, attach importance to contract summary. The analysis and summary of contract execution are often ignored. It is an indispensable link in contract management and has a good guiding role in improving the level of project contract management.

5. Implement the whole process control and management of the contract from preparation to termination. From the intention of the contract to the signing and termination of the contract, the whole process of contract management, that is, the process management of the contract. During the execution of the contract, both parties to the contract should strictly perform their contractual obligations in line with the principle of "respecting the contract and keeping promises". The finance department shall, together with the project management personnel, pay close attention to the implementation of the contract at any time, mediate and deal with the behaviors and actors who fail to perform the agreed obligations, and ensure the completion of the contract performance at any time.

(B) the focus of financial participation in contract management and supervision

1. Finance shall urge the contract management department to implement the contract law and the unit contract management system. Implement the contract management system, strictly implement the contract countersigning system and contract review system, and strictly require the rectification of contracts that do not meet the specifications, so that the basic elements of the signed contracts are complete. Prevent these systems from becoming a mere formality in project management activities. 2. Make full use of the payment function to supervise and improve the preparation, signing and related performance of the contract. Including the measurement receiver related to contract settlement and the signing and approval of payment settlement documents, so that the whole contract-related accessories are in a controlled state. 3. Supervise the disclosure of the contract. Contract disclosure is an important work of contract management. Contract publicity is the key to make managers understand the contract, manage according to the contract and urge the other party to perform the contract. The key to losing control of contracts in engineering construction projects is that managers are not familiar with contracts, will not exercise their contractual rights correctly and have insufficient understanding of contract risks. Therefore, financial workers should urge reasonable formulation and centralized management departments to make contracts public step by step. 4. Financial audit of the contract. Finance should seriously study the contract law, and the audit of the contract is mainly about the legality, rigor and feasibility of the contract, whether the contract is signed effectively, and whether the official seal and signature meet the requirements of the contract law. During the performance of the contract, the financial department should strictly check whether the signatory of the other party to the contract reviews the measurement data, invoices and payment procedures of the receiver in the contract law. 5. The Finance Department shall register, classify and keep the project contract. According to the requirements of the financial system, the financial department needs to keep an original contract of the project as a voucher and basis for payment. According to the audit experience of the project in recent years, and the need to review the project contract due to late changes and individual contract disputes after the completion of the project, the finance department is required to classify, register and bind the contract in more detail. The finance department needs to establish electronic files of contracts, which are filed separately according to the signing date and contract classification, so as to find and use them at any time. 6. The financial department shall collect and save the information during the performance of the contract. Because the project department of the construction unit was established with the establishment of the project and cancelled after the completion of the project, some information of the technical department was easily lost after the completion of the project, but the legal period of contract economic disputes did not expire. Therefore, the financial department needs to require the technical department to keep some hidden works, such as the information of the receiving party, bills, negotiation records, and original information about the other party's breach of contract, as attachments of settlement book, in the financial files. 7. Risk assessment report of the contract. When measuring in the current month, the Finance Department requires the personnel of the Contract Department to provide comprehensive or special contract execution analysis and risk assessment. Pay close attention to the implementation of construction organization and construction progress plan at any time, allocate funds for labor force and risks existing in the contract, form a professional financial contract risk report document, and deliver it to the project leader for decision-making and scheduling in time.

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