Project visa refers to the agreement between the two parties during the construction process regarding payment of various expenses, design changes, extension of construction period, cost adjustment, compensation for losses, etc. in accordance with the contract or construction practices. supplementary agreement. As more and more engineering construction projects determine contractors through bidding, winning the bid at a low price is an internationally accepted construction project bid evaluation method, and it has also been promoted domestically. In the face of increasingly fierce market competition, many construction companies have After contracting the project, we had no choice but to try our best to lower the price. The consequences of winning bids at low prices often cause construction companies to face losses, and companies must "win bids at low prices and get visas frequently." In September 2004, the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Dispute Cases of Construction Projects" made clear regulations on project visas, giving project visas a legal basis. Article 19 of the interpretation stipulates: "If the parties have a dispute over the quantity of the project, it shall be confirmed according to the visa and other written documents generated during the construction process. If the contractor can prove that the contractor agrees to its construction, but fails to provide visa documents to prove that the quantity of the project occurred, The actual amount of work can be confirmed based on other evidence provided by the parties.”

Although project visas are related to the survival of construction companies and are clearly stipulated by law, construction companies often have problems during the construction process. Without paying attention to visa management, it often happens that the qualifications and powers of the visa subjects, visa procedures and visa forms of both parties do not meet the requirements of laws and regulations, resulting in invalid visas and losses to the interests of the enterprise. Here, on the basis of clarifying several visa situations, the author explains the issues that should be paid attention to in project visas, and how to grasp the timing of the visa, clarify the subject of the visa, use the visa form correctly, ensure that the visa is legal and valid, and establish a strict data custody system. Based on my own practice, I put forward my own opinions with a view to communicating with colleagues.

Types of construction project visas for construction companies

Generally speaking, the types of construction project visas are as follows:

1. Due to reasons of the construction unit It is decided to stop or delay the construction of the project midway, or to cause unlucky losses such as the relocation of personnel and machinery caused by the construction company's shutdown, delay, or rework due to design changes and design errors.

2. Due to the construction unit's failure to provide materials, sites, equipment information, etc. in accordance with the time and requirements stipulated in the contract, the construction enterprise suffered shutdowns and lost work.

3. Economic losses caused by water and power outages caused by the construction unit or a third party during the construction process, resulting in the project not being able to proceed smoothly and for a long time, and the construction company being unable to arrange a shutdown. .

4. In technical improvement projects, it is often encountered that during the construction process, because the working surface is too narrow and the operation exceeds a certain height, it is necessary to use large machines and tools to ensure the smooth progress of the project. Construction companies are experiencing problems. The actual site conditions and construction plan should be notified to the construction unit in a timely manner and implemented after obtaining the consent of the construction unit. At this time, the construction company should apply for a project visa.

5. For major overhaul projects and sporadic maintenance projects, most of them do not have formal construction drawings. The construction company often proposes a set of maintenance plans before the overhaul. After the overhaul is completed, a project visa is applied for, and then the project settlement is handled based on the visa. , the project visa work is particularly important at this time, which is directly related to the smooth progress of the maintenance and settlement work.

6. Other visas, such as Party A temporarily entrusting Party B to carry out projects other than the project at the construction site, secondary transportation under special circumstances, processing of underground obstacles, cultural relics, and pipelines, and the owner's designated subcontracting is not timely. In place, force majeure, etc.

In a certain sense, a valid construction project visa is a magic weapon for the survival of construction companies. Based on my own practice, the author believes that the following points should be paid attention to when obtaining a valid project visa:

1. Enhance visa awareness and strengthen visa management

Due to the increasingly fierce competition in the construction industry, there are many construction companies and few construction projects, resulting in a situation of "more monks and less rice". It is difficult for the contracting party and the contractor to achieve equal contracting status. In order to win the bid, the construction company had to give up some of its due benefits and win the bid at a low price.

Construction units also took the opportunity to lower grades and prices, resulting in increased operating risks and reduced economic benefits for construction companies. According to international practice, the key points for construction companies to successfully undertake construction projects are: "arrival and winning bids, diligent visa application, and high claims." As a construction company, we must establish visa awareness and improve visa standards. As a construction company, the existing problems are often a weak concept of visas, poor awareness of claims, failure to apply for visas in time when encountering problems, mutual blame, no evidence for changes during settlement, and no evidence for increases. In the end, a surprise visa was issued, which disgusted Party A and made Party A passive. To solve these problems, we must improve the visa awareness of construction company personnel and clarify responsibilities within the company.

2. Apply for visa strictly in accordance with the procedures

Since the project visa is a product of my country’s old engineering construction system, there is no more systematic one in the current engineering construction textbooks and regulations. There is no unified and clear regulation on the discussion. The operating procedures for project visas are mainly controlled by the parties to the contract and the supervising engineer, and there is great arbitrariness. Firstly, the content and styles of project visas are varied and there is no unified format. Secondly, the signing opinions of the visa holders are too subjective. For example, some visa holders sign an "agree" or "true" opinion without verifying the project quantities. This is mainly because there is no procedural system restriction.

Generally speaking, how the project visa is carried out, the subject, scope, and procedures of the project visa should be clarified in the project contract. The provisions on project visa procedures in the "Construction Project Construction Contract (Model Text)" formulated by the Ministry of Construction and the State Administration for Industry and Commerce are scattered in various specific clauses. For example, Article 23.4 of "23. Contract Price and Adjustments" in the "Part Two" General Terms: "The contractor shall notify the engineer in writing of the reason and amount of the adjustment 14 days after the occurrence of the situation in Clause 23.3. The engineer shall receive the If the contractor does not confirm or propose modifications within 14 days after notification, it will be deemed to have agreed to the adjustment. Another example is Article 25.1 of "25. Confirmation of Project Quantity": The contractor shall submit the adjustment to the engineer according to the time agreed in the special terms. Report on the quantity of completed work. The engineer shall verify the quantity of completed work according to the design drawings (hereinafter referred to as measurement) within 7 days after receiving the report, and notify the contractor 24 hours before measurement. The contractor shall provide convenient conditions for measurement and send contractors to participate. If you do not participate in measurement after receiving the notice, the measurement results will be valid and used as the basis for payment of the project price."

3. Clarify the subject of the visa and improve the level of construction management

In the actual operation of project visa, it is often required. In such cases, there is a general trend of simplification among visa subjects. They simply fill in the name of the engineer or project manager in the contract terms without specifying their specific powers; some do not look for it when applying for the visa. The visa subject specified in the contract has to issue a visa, resulting in the interests involved in the visa not being protected. For example, in several engineering contract dispute cases, the parties to the contract only filled in the names of the representatives stationed at the construction site of both parties in the "Project Contracting Contract"; no specific provisions were made on their respective powers. Some of the visas formed by the construction unit during the performance of the contract are not the signatures of the on-site representatives of the contract issuing party, but the signatures of the contract issuing party's construction managers or technicians who are specifically responsible for a certain project. Although some visas are signed by representatives of the contract issuing party, the representatives only sign the words "The situation is true, but it is not consistent with the contract conditions." After the project was completed, the construction unit used this as a basis to make a settlement request to the contract issuing party but failed, so it filed a lawsuit in court and required the contract issuing party to pay relevant fees. During the court debate, the contract issuing party's agent easily refuted the other party by saying that the visa subject was unqualified. Construction companies must take this as a warning.

So as engineers, we must improve our sense of responsibility and professional level, and strictly control design changes and project approvals. Whenever relevant personnel accept a project, they must first carefully study and understand relevant regulations such as construction drawings and contracts. Secondly, they must often go deep into the construction site to understand the impact of abnormal conditions during construction or changes in construction technology on the project cost. For example: the floor height of the basement is 2.2m. If you propose changes, be cautious. Because it is 2.2m, comprehensive scaffolding needs to be calculated, and the engineering category may be increased.

In short, project visa is a regular task during the construction process of construction engineering products. Strengthening design changes and visa work is an important task for the construction unit to control the price, and it is also a comprehensive reflection of the management level of on-site construction personnel.

4. Detail the visa content to avoid settlement disputes

The author once encountered such a case: a builder sued a real estate company, the total bid was 15 million yuan, of which the builder had a Zhang's visa stated this: Reinforcement bar knots above 16 mm are pressure welded by electric pressure welding. The dispute between the two parties is whether "above 16 mm" includes 16 mm itself. During the construction process, there were more than 100,000 16mm steel knots, with a price difference of 910,000 yuan. The builder did use electric pressure welding during the construction process. However, the interpretation of Shanghai's 93 quota stipulates that "above" does not include the original number, and "below" includes the original number. This makes the builder very passive. The author has also encountered the same situation: it was clearly written on the signing form that "reinforcement knots above 16 mm including 16 mm are to be welded by electric pressure welding." This case clearly illustrates the importance of detailing the content of a visa. Therefore, in the visa, the technical requirements, construction period, materials, labor, cost, machinery, project quantity calculation, and impact on other projects must be clearly defined to avoid disputes during settlement.

5. Master the skills of project visa and keep evidence well

Visa is an art. Even if there are objective visa matters, you should pay attention to certain practical skills: 1. The first is to use modern public relations techniques to apply for the visa; the second is to apply for the visa when the relationship between the two parties is relatively harmonious; the third is to apply for the visa when the other party's project manager is in a good mood; the fourth is to sign for it by someone who has the authority to sign, preferably with a seal, otherwise it means there is no chance. Fifth, the project visa form should be stamped by the construction unit, the owner, and the supervisor. For visas caused by design changes, the instructions of the original design unit must be the prerequisite for the visa.

Since the project visa is a product of my country’s old project construction system, which is different from the world’s common practice of confirming project quantities, there is a lack of corresponding unified standards for project visas. As a result, in addition to the general project visa form, In addition to formal forms, visas may also be in the form of work contact sheets, technical approval sheets, supplementary agreements, meeting minutes, correspondence and other written forms. As a construction company, all visa forms, letters, meeting minutes, monthly progress, construction organization plans, quality assessment forms, high-quality structures, standardized projects and other materials must be kept well to avoid being unable to submit valid claims during project settlement. Visa Certificate

Hope this solves your problem.