Study On Project Supervision Contracts

Project supervision was introduced into china from western countries at about 1980s to meet the requirements of foreign investors in projects construction and to solve other problems such as ineffectiveness in project objective control.As one of the major efforts to bring China's project construction in line with international practice,China's project supervision was originally designed to be a whole-process and all-round supervision according to FIDIC contract condition in common international project supervision practice.With the development of project supervision theory and practice,supervision plays a more and more important role in project construction.In spite of development of project supervision in the past 20 years and the Project Construction Supervision Contract(Example) long issued by Ministry of Construction,a mature and comprehensive theoretical system in project supervision legislation is yet to form,and there are still a series of theoretical and practical problems in this field. Further research is needed on many aspects such as general theories in project supervision,contractual effect,surety bond and supervision legal duty.Few studies on project supervision contracts in China are from the perspective related to Contract Law or other relevant laws.Based on both legal theory and supervision practice,this paper will start with basic theories on project supervision contracts,draw on legal and practical experience of other countries,and study on project supervision contracts to a possibly thorough level aimed at the current application of China's project supervision contracts.This paper falls into 4 parts:The first chapter analyzes the general concepts and aspects about project supervision contracts.Following the definition and legal attributes of project supervision contracts,this chapter,according to basic theories of Contract Law,analyses the conclusion and content of a contract,the items to be explicated in contract performance,as well as the conditions of contract modification,alienation or termination.This aims at a primary research on the theoretical system in project supervision legislation.The second chapter concentrates on the conclusion of project supervision contracts.In 2000 Ministry of Construction issued the Project Construction Supervision Contract(Example),which is most widely applied in the field of project supervision and thus if some of its items are unreasonable,the interests of parties involved in relevant contract might be damaged.Therefore the author analyses the flaws of the example,proposes accordingly the modification,and puts forward some notes on conclusion of project supervision contracts by applying the example.Then the author provides a detailed analysis and illustration on the validity of project supervision contracts from the perspective of qualification of contract parties,bidding procedures,contract form and so on,ending by legislation propositions about validity of project supervision contracts.The third chapter focuses on the performance of project supervision contracts.Based on the relevant theories of project guarantee,the author first illustrates surety bond as the best form of project guarantee for project supervision contracts is,and classes the types and their functions.Then, after an analysis of current problems in surety bond for project supervision, the author puts forward suggestions on improvement of surety bond.At the end,the author researches on the legal liability during the project supervision,by giving a systematic explanation on civil liability,criminal liability and administrative responsibility.