On the basis of expounding the meaning and classification of project visa, according to the current market situation, this paper points out some problems existing in the visa, and sums up the management of construction project visa in combination with my many years' working experience. On the basis of expounding the meaning and classification of engineering visa, according to the current market situation, this paper points out some problems existing in the visa, and connecting with my years' working experience, sums up the management of construction engineering visa.
Introduction to 0
During the performance of the construction project contract, due to the complexity of the project and the long performance period, even if the contract is considered comprehensively, it will inevitably change in the performance process. The project visa is the confirmation of the project change by both parties to the contract, and it is also the legal part of the project payment. If the construction party fails to pay the money as agreed during the performance of the contract, the contractor needs to realize his right to obtain the project payment through the project claim. Therefore, it is necessary to strengthen the management of engineering visas.
1 meaning and classification of engineering visa
Engineering visa refers to the supplementary agreement reached by both parties in the process of construction, in accordance with the contract, to pay various expenses (which are inconsistent with design drawings, construction plans, budget items or quantities and need to be adjusted), postpone the construction period, compensate for losses and other engineering changes. Both parties to the contract must give the necessary authorization to the person who exercises the visa right, and the visa form signed by the person who lacks authorization often cannot be used as a visa.
2. The main problems of engineering visa at present.
2. 1 Some projects do not follow the basic construction procedures, and the design depth of the construction drawing can not meet the requirements. In the process of project construction, the owners arbitrarily expand the construction scale, improve the design standards and supplement the project contents, which leads to frequent design changes, and even more contact lists for design changes of individual projects than construction drawings. In fact, design changes are the biggest source of on-site economic visas.
2.2 Arbitrary visa without verification: If the contents of the visa are inconsistent with the actual situation and the composition of the fixed fee is unknown, it will be blindly included in the visa, but it should not be included in the direct fee; There are also cases where the requirements for materials are raised at will without the consent of the designer, resulting in unnecessary waste. A large number of visas are issued for contracted projects or projects that should not be issued. Some visas are filled out by the construction unit, and the construction unit signs them without careful verification.
2.3 When it is necessary to apply for a project visa, the owner's representative often refuses to apply for it, or both parties only verbally agree and fail to apply for it in time, and then they are eager to reissue it, even in the process of settlement audit, which may easily lead to unnecessary disputes due to the passage of time; In some cases, the date of on-site visa does not match the actual situation; Some of them have duplicate visas for the same project.
2.4 Malicious visa: Malicious visa refers to the visa signed due to collusion between the owner's representative and the contractor's representative. Especially for some concealed projects, contractors of construction units often use their characteristics of high concealment and difficulty in verification to overestimate risks and resort to deceit, thus raising the project cost.
2.5 Negligence visa: Negligence visa refers to the visa formed due to the major misunderstanding of the owner's representative. Individual owners' representatives lacked professionalism in their work and did not seriously investigate and understand the ins and outs of the matter, which led to negligent visas.
3. Strengthen the management of engineering visas
In order to improve the economic benefits of the project, I think it is necessary to do a good job in engineering visa work from the aspects of improving quality, perfecting system, attaching importance to contract and adhering to principles. In view of the problems existing in the current engineering visa, the following four suggestions are put forward:
3. 1 In order to improve the quality of engineering visas, I think the personnel who undertake the functions of engineering visa management should have the following quality requirements:
3. 1. 1 Not only should you be familiar with the technical matters in the construction, but you should also have rich business management experience, be able to better evaluate the economic value of the project visa, and pay enough attention to the project visa that indirectly affects the project settlement cost. In addition, you should also have certain legal knowledge and judicial experience.
3. 1.2 visa management personnel can quickly reflect design changes, put forward supplementary budgets for design changes in time, dynamically evaluate relevant visa materials at any time, provide diverse and systematic resource support for visa management personnel, and equip them with rich expert brains when necessary to serve visa management at any time.
3.2 Establish and improve the management system, clearly define the responsibilities of the construction, supervision and construction units, clarify the responsibilities of various functional departments and relevant personnel, and strictly control design changes and on-site visas. For example:
3.2. 1 Establish the monthly report system of the owner's representative. After receiving the report, the owner unit needs to carry out the necessary audit so as to find the problem at the first time and then take the necessary remedial measures.
3.2.2 Strictly control design changes. No matter which party proposes design changes, both parties shall negotiate. After confirmation, the design unit will issue the corresponding drawings and instructions, and go through the issuance procedures.
3.2.3 Strict visa management: the visa content should be complete, specific and accurate, generally including name, number, reason, category, signature content, engineering quantity calculation, product specifications and models, signatures of interested parties, visa date, etc.
3.3 When signing the project contract, the owner and the contractor must pay attention to the agreement on the project cost, including the project visa. These agreements must be detailed, thoughtful and operable in the special terms and conditions of the contract. The scope of the project visa, who will sign it, what procedures will be adopted, the standard format of the visa, official seal, etc. , should be clearly stipulated in the project contract; Both parties to the contract must give necessary authorization to the personnel exercising visa rights; Set up visa pre-procedures, and make necessary restrictions on the visa power of the owner's representative. Can use drawings to explain, try to avoid simple text description to apply for a visa; For some major engineering site changes, it is necessary to take photos or videos in time and save first-hand original data; Be able to sign the facts and try to avoid directly signing the results, including the number of direct signatures; Be able to sign the quantity and try to avoid signing the unit price directly; If you can sign the unit price, try to avoid signing the total price directly. In view of the large number of supplementary visas generated in the current project settlement, we can also set contract terms to prevent the occurrence of supplementary visas. The Owner shall sign a supplementary contract with the Contractor separately, which shall not take effect until it is confirmed by both parties. Standardize the signing link of on-site visa in the contract. The signature shall be signed by the authorized person stipulated in the contract, and the contents of the visa shall be descriptive.
3.4 In the process of on-site visa, we should adhere to the following six principles:
3.4. 1 Principle of accurate calculation: If the purpose of engineering quantity visa is to calculate engineering quantity as detailed and accurate as possible, generally only engineering quantity can be signed, but not the number of working days and mechanical shifts.
3.4.2 Principle of seeking truth from facts: If the comprehensive unit price (or quota unit price) cannot be used to calculate the engineering quantity, only the number of working days or mechanical shifts can be signed, but the actual quantity should be strictly controlled, and other factors should not be considered to increase the quantity for compensation.
3.4.3 Principle of timely handling: Both the contractor and the owner should take the time to handle the on-site visa in time to avoid unnecessary disputes caused by the passage of time and avoid the phenomenon that the date of the on-site visa is inconsistent with the actual situation.
4 about quantity visa and material price visa
4. 1 engineering quantity visa is the most common engineering site visa, and these situations often occur: earthwork excavation and underground obstacle treatment visa; Groundwater drainage construction scheme and pumping fleet; Due to the limitation of site conditions, earthwork is transported within the site; Material waste and other losses caused by design changes; Loss of work stoppage or slowdown caused by the owner; ; Losses caused by the owner's untimely or unqualified supply; Concealed engineering visa; Other sporadic amendments to the project visa; Delayed construction period due to demolition or owner and supervision factors; Economic losses caused by force majeure and so on.
The audit steps of engineering quantity visa are as follows:
(1) Authenticity verification: Whether the visa is sealed by both parties, whether the seal is forged and whether the copy is consistent with the original is an important content of authenticity verification.
② Rationality review: The rationality of the contractor's visa must be carefully reviewed. (3) substantive audit: for the engineering quantity visa, it must be measured, calculated and verified one by one on the spot, especially for decorative works and concealed works.
5 concluding remarks
The quality of engineering visa management will directly determine the benefits of enterprises. As engineering visa is a highly professional content, professionals who know both engineering and law need to participate in the whole process of construction projects and assist owners and contractors to implement strict engineering contract management measures. It can be said that in today's continuous competition in the construction market, whoever has mastered the technology of visa and claim will get higher development opportunities and better economic benefits.
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