国际工程承包合同中调价公式的应用

本文旨在介绍调价公式在国际工程承包合同中的应用。针对FIDIC施工合同条件中给出的调价公式,在FIDIC现有的说明基础上,对其数学公式和相关参数进行了更详细的解释与说明,并由此给出国际工程承包合同实施过程中调价公式应用的建议。     

Contractual Issues of Process-Plant Projects

The paper describes the structure of a process-plant contract and distinguishes it from other forms of design-and-construct contracts. The various tests used in process-plant contracts are highlighted, including performance tests relating to process guarantees and the remedies for failure to achieve such guarantees, with particular reference to the water industry. The differences between price-based and cost-based contracts are reviewed, together with three significant areas of contractor's liabilities for design, defects, and overall contract liability. The paper also briefly introduces the development of operation and maintenance contracts and design-build-finance-operate contracts.     

Construction operative motivation and productivity

The early results of the construction productivity research undertaken at Loughborough University indicated that there was a distinct relationship between remuneration, motivation and site efficiency*. Consequently, observations taken on late site visits were used to quantify this relationship and determine the relevance of the major motivation theories to the construction industry. Dr Price recalls the work which was the subject of Science and Engineering Research Council contracts.     

The Need for Greater Transparency When Assessing the Performance and Prospects of Melbourne’s Rail Franchise Contracts

Among policymakers and researchers at an international level, there is great interest in the performance of the Melbourne rail franchise model. This review attempts to examine the Melbourne model in an international context and assess the performance of the system under current contracts. Potential flaws are highlighted including lack of information, concerns over performance and contestability, and the treatment of the potential long-term maintenance backlog under short-term contracts. The authors conclude with an overall stance of there needing to be far greater public information transparency to allow proper scrutiny of the effectiveness of these contracts for the public good.     

基于因果关系反馈环的专业承包企业营销行为与策略研究

为打破专业承包企业市场地位和利润水平低的困境,以新经济社会学的经验型研究方法--因果关系反馈环模型分析了专业承包企业的市场交易模式、专业承包市场现状及企业营销现状,运用系统动力学软件Vensim PLE 构建了专业承包企业的市场营销行为模型,在此基础上基于Causes Tree 分析提出了由顾客需求,顾客成本,顾客便利,顾客沟通构成的专业承包企业4Cs 市场营销策略集,用Uses Tree 对该策略集进行了验证,能够达到提高企业合同数量、利润水平的目的。     

工程机械质保期管理应注意的问题

按照惯例,工程机械的购销合同中会明确约定质保期。质保期对于施工企业非常重要,充分利用质保期,施工企业能以较低的成本熟悉设备、培养人才、提升管理水平。但是,由于种种客观原因,设备管理不正规,设备维护保养跟不上,缺乏磨合期管理,操作手和维修工未进行全面培训,导致设备完好情况差,故障率高,故障停机时间长。这些都说明,施工企业在工程机械质保期管理上普遍存在欠缺。针对这些问题,从到货前准备、到货验收和质保期运行等几个阶段提出改进建议,以改善工程机械的质保期管理现状。     

An empirical survey of the motives and benefits of adopting guaranteed maximum price and target cost contracts in construction

In light of increasing project complexity, constraints on programme schedule and limited budget, there exists a strong call for changes in contracting procedures in construction. Both the Guaranteed Maximum Price (GMP) and Target Cost Contracting (TCC) approaches with a gain-share/pain-share arrangement have been advocated to achieve better value for money and more satisfactory project performance. This paper aims to review the prevailing practices of GMP/TCC in general, and explore the motives and benefits of implementing the GMP/TCC scheme in comparison with the traditional fixed-price lump-sum contract in particular. The research study is based on a comprehensive literature review and an industry-wide empirical questionnaire survey for evaluating the relative importance of motives and benefits associated with GMP/TCC in Hong Kong. The survey data collected from 45 valid completed questionnaires were analysed using the mean score ranking technique, Kendall's concordance test, Spearman's rank correlation test and one-way ANOVA test. The perceived benefits were measured and ranked from the perspectives of the client, contractor and consultant for cross-comparison. The survey findings indicated that the three most common motives of clients behind their decision of adopting GMP/TCC include: (1) to generate an incentive for contractor to achieve cost saving; (2) to develop better working relationship within the project team; and (3) to tap in contractor's expertise in design and innovation. The top three perceived benefits of applying GMP/TCC were found to be: (1) early settlement of final project account; (2) improved partners' working relationship under a partnering arrangement; and (3) capability of integrating contractor's expertise in building designs and innovations prior to construction. The research results are particularly essential in assisting key project stakeholders to realise the potential benefits derived from the use of GMP/TCC contracts and in generating more useful insights into alternative integrated contracting strategies for the construction industry, so as to drive for excellence in overall project performance.     

Towards sustainable infrastructure development through integrated contracts: Experiences with inclusiveness in Dutch infrastructure projects

Current complex society necessitates finding inclusive arrangements for delivering sustainable road infrastructure integrating design, construction and maintenance stages of the project lifecycle. In this article we investigate whether linking stages by integrated contracts can lead to more sustainable road infrastructure development by assessing public and private experiences with inclusiveness of integrated Dutch Design-Build-Finance-Maintain (DBFM) projects throughout the procurement, design, construction and maintenance and operation stages. Through semi-structured interviews and document analysis, we find that public and private parties experience that inclusiveness is increased by DBFM contracts, although differences between investigated actor, scope and time dimensions of inclusiveness exist. We conclude that integrated contracts can lead to more sustainable infrastructure development because of the lifecycle optimization incentives provided by the linked contract stages of design, construction and maintenance. Based on our findings we recommend to pursue three avenues towards more sustainable infrastructure development: green procurement, strategic asset management and relational contracting.     

Making maintenance contracts perform

Since the early 1990s, the drivers for outsourcing maintenance have grown and there has been a pronounced shift to maintenance being a noncore activity. Yet there is dissatisfaction across many market sectors with the way outsourced maintenance has turned out. Even so, the trend seems irreversible; successful contracting organisations of the future will have to be prepared to take on risk to ensure the client gets best value from their maintenance service. Maintenance embraces both long and short-term planning, operational expenditure and capital investment costs, and a diverse range of skill requirements for varying types of asset. Given this level of complexity, the question is: how can we move to asset based performance contracts where the supplier carries risk and has a stake in the successful performance of the assets it maintains? Asset based performance contracts focus the contractual effort on ensuring the assets perform, and suitably reward the contractor for the risk taken in meeting the agreed performance criteria. Significantly, a deeper and more mature understanding of the contractual relationship works to the benefit of both parties     

Optimized maintenance and renovation scheduling in multifamily buildings – a systematic approach based on condition state and life cycle cost of building components

Proactive maintenance strategies in principle are devised to control degradation and sustain optimal performance of building components. While realizing the technical necessities, they also serve as an instrument towards multiple and often conflicting objectives during financial constraints. An optimal proactive maintenance strategy therefore should comprise a multiannual maintenance action plan optimized on different criteria corresponding to owners’ objectives under existing constraints. This study offers a systematic approach based on a condition-deterioration model to address the complexity involved in decision making regarding optimized maintenance and renovation planning. Life-cycle cost analysis in form of Equivalent Annual Cost (EAC) is used for the economic assessment of maintenance/renovation scenarios. In this paper, the model is used to compare the economy of different maintenance/renovation plans in a chosen scenario in order to determine the optimal maintenance interval for a single and a combination of building components. Two façade elements, windows and façade rendering, are used to illustrate the application of the proposed method. This method is intended to help decision makers at both design and post-construction phases in the choice of both building components and maintenance/renovation strategies.     

Planning-stage estimation of highway project duration on the basis of anticipated project cost, project type, and contract type

At the planning phase of project development, highway agencies seek to estimate the time duration of project implementation for purposes such as construction planning, contract administration, and workzone impact assessments. This paper investigates the estimation of highway project duration on the basis of variables known at the planning phase such as planned cost and project type, and contract type. Project types are pavement construction, rehabilitation, maintenance, traffic facility installation, and bridge construction. The contract types considered are fixed-duration and fixed-deadline contracts. Using a variety of model specifications, the paper presents mathematical relationships between highway project duration and the magnitude of the planned cost and project type, and contract type. The paper shows that all other factors remaining the same, the duration of fixed-date deadline contracts generally exceed that of fixed-duration contracts; and higher levels of planned cost translate non-linearly into greater project duration. The developed models can help project administrators provide improved estimates of project duration and thus could help reduce project time delays. Also, the models are useful in forecasting workzone durations, a key aspect of workzone user cost estimation.     

谈如何提高高校基建维修工程效益

针对当前高校在基建维修工程管理中存在的问题,结合自身工作实践,从立项确定施工重点,议标确定施工队伍,严格合同及现场管理三方面论述了提高基建维修工程效益的具体办法,以期逐步提高高校维修改造工程的管理水平。     

“海砂建筑”剩余寿命经济分析

基于结构可靠度与"海砂建筑"腐蚀劣化曲线,提出"海砂建筑"剩余寿命经济分析模型,在该模型的基础上,分析了"海砂建筑"剩余寿命期内检测、维护和维修加固的决策要点与思路,建立"海砂建筑"剩余寿命期内管理费用公式和重新建造建筑物的费用公式,并在考虑资金时间价值的基础上分析了各项费用的计算,最后根据两项费用的关系提出"海砂建筑"管理决策思路。     

Understanding the multiple functions of construction contracts: the anatomy of FIDIC model contracts

Construction contracts, such as FIDIC model contracts, are relatively complex and cumbersome, and their composition needs to be better understood. This research uses a multi-functional approach that is widely recognized in the contract literature, and anatomizes FIDIC model contracts in order to gain a holistic and comprehensive understanding of them. Moreover, this research comparatively analyses the distribution of the three functions, namely control, coordination and adaptation, in four forms of FIDIC model contracts to explore how project delivery systems (PDSs) affect contract design. After a classification framework that includes three functions and ten subclasses was established, the FIDIC 1999 series model contracts were coded sentence by sentence using content analysis. The results show that the three functions are all non-trivially reflected in construction contracts and are influenced by project complexity. Regarding different PDSs, the complexity of contract control is relatively rigid; the complexity of contract coordination is largely influenced by PDSs; and the impact of PDSs on the complexity of adaptation provisions depends on the sub-class. The conclusions may help scholars and practitioners understand construction contracts from a functional perspective, and offer references for contract designers to reasonably consider the distribution of the three functions in construction contracts.     

浅议农村生活污水处理设施养护维修预算定额编制思路

近年来,农村生活污水已成为我国环境(水)污染的主要因素之一。按照党中央关于新农村建设的总体部署,上海市(浦东新区等)建造大量污水处理设施对农村生活污水进行治理,有效改变污水不经处理随意排放现象。由于农村生活污水污染源具有"散""小"等特点,现有计价依据无法满足其维护资金估算、控制和管理。在调研、统计及分析上海市农村生活污水处理设施的养护维修资金使用的基础上,提出编制《上海市农村生活污水处理设施养护维修预算定额》、《上海市农村生活污水处理设施养护维修年度经费定额》的对策、措施,供今后开展农村生活污水处理设施定额编制作参考。     

工程造价专业方向的本科教育与资质认证体系的比较研究

工程造价是工程管理专业方向之一。造价工程师实行执业资格考试注册制度。通过本科课程体系建设 ,学生能够适应资质认证体系的要求 ,缩短理论知识与实际工作的差距 ,提高学生的社会竞争力。     

浅淡建筑施工合同的索赔处理

合同索赔,即合同当事人对合同执行过程中非己方的原因而受到的对合法权利的侵害以及由于侵害而造成损失均可要求合同的另一方对自己的损失予以补偿或者赔偿。在施工实践中,建筑施工合同索赔是施工合同得以适当、完全履行的有力保障,是建筑施工企业保护自已合同权益的合法武器。因此,正确理解和掌握合同索赔的方法与技巧,对建筑施工企业异常重要。本文中,笔者系统分析了索赔的成因、类型以及处理的方法。     

Maintenance incentives under different infrastructure regimes

An increasing issue in privatised infrastructure is the appropriate incentives needed to ensure adequate maintenance of the infrastructure as a public resource. This paper explores the implications of some of the insights from theories of regulation and contracts for optimal management of transport infrastructure maintenance with respect to the interests of different stakeholder groups: contractors, owners, regulators, governments (subsidy providers or guarantors) and users. Evidence is taken from two UK examples: the major road network and the rail network. The former is seen to be largely a successful involvement of private capital through PFI-style DBFO deals, which has had positive impacts on service quality and cost to the public budget, though arguably less than could have been achieved. The rail network privatisation is seen as a failure in which maintenance was sacrificed in the interests of short-term profit. However, it can also be argued here that the real mistake was to underestimate the quality of the network inherited from British Rail. The paper concludes with some lessons and recommendations taken from the analysis of these two sets of cases.     

工程变更估价条款的补充与完善

工程变更估价三原则在合同工程子项价格基本合理的情况下可以公平的高效率的适用,但在合同中可适用参照的工程子项价格明显偏高或偏低的情况下适用该三原则就明显不公平,应该进行补充和完善。文章从工程合同中的不修改合同原则及合同法中的实质公平原则出发,提出了在合同工程子项价格非正常情况下工程变更估价的方法,并据此提出完善工程变更估价三原则的建议。     

2020年建筑业发展统计分析

基于翔实的统计数据，对2020年中国建筑业发展的总体状况进行了分析。包括对建筑业增加值与国内生产总值、建筑业总产值、建筑业从业人数与企业数量、劳动生产率、利润总额与产值利润率、签订合同总额与新签合同额、房屋建筑施工面积与竣工面积、对外承包工程等方面的分析。总结出2020年中国建筑业在建筑业总产值、新签合同额、跨省完成产值、从业人数与劳动生产率等4个方面的发展特点。