China Construction Model Contracts For Defect Analysis

The construction contract is an agreement between the Employer and the contractor to complete construction project and define rights and obligations of both parts. It's the main basis to control the construction quality, invest, schedule and safety so it should be comprehensive and accurate as far as possible. Ministry of Construction and State Administration of Industry & Commerce had issued the construction contract (model text) at 12/24/1999. Along with the transition of economic system, scale expansion of construction and diversification of contract model, it has exposed some faultiness which need to research and improve.The faultiness include the following six areas:application scope of the contract model text is too large; determining method to make contract price is not clear; provisions of the contract payment are incomprehensive and unspecific;bill of quantities is not accurate; terms of the performance bond are too general to guarantee the performance; terms of the construction contract are not fair for over-emphasize the protection of the employer's benefit.This article comes up with four countermeasures aimed to the faultiness. Such as: revise and improve the construction contract (model text); make it perfect by particular conditions at the moment of signing construction contract;improve the relevant laws, regulations and project management standards; enhance the professional quality of contract management staff.