Study On Legal Risk Countermeasures Of General Contracting Project Management Total Process

Construction projects have large-scale investment, many management links,long construction period and high quality requirements all which determines the general contractor may face higher operating risk during construction,many cases also exposed that their legal awareness are weak and an in-depth research on measures of controlling legal risks is necessary.In this paper, the author combining with the specific,detailed case, and study the legal risk strategies on project of the whole process from the general contractor viewpoint. According to the progress order general contracting projects is divided into several phases including bidding and contract signing stage,contract implementation stage and contract settlement stage. Moreover,the paper identified and analyze the existing legal issues or risks, and explore risk treatment strategy and measures to prevent legal risks and give full play to the support,security and service role of legal wok in the process of engineering construction.For the legal risks in the stage of contract signing and project bidding,the author summed up the six legal risk which bidders faced starting from the laws and regulations of bids, and put forward effective measures to avoid the risk of the contract.For the legal risks in the stage of contract implementation,the author conducted in-depth research on subcontracting, project delay and engineering audit combining with litigation case caused by implementation of the engineering project. The author proposes that an important basis for the Engineering Subcontract, analyzes thecause of the delay, carding and examine the audit law system in our country, and finally puts forward the important measures the stage of contract performance risk prevention and control.For the legal risk in the stage of contract settlement,the dissertation discussed situation and risk on controversy of projects price, stated form and exceptional circumstances which apply to the priority of construction project payment, came upwith factoring methods in the process of project price recovery. In addition, legal risk prevention and control mechanism is proposed, and then for the building industry legal risk cognition, response and treatment to provide reference.The paper did research on legal risk countermeasures of the whole process of project construction,which hoping it could provide valuable reference for preventing legal risks of construction enterprises.