Comparison Of Core Terms Of FIDIC And The Project Construction Work Contract

With the rapid development of China's construction sector and the gradual advancement of the “One Belt and One Road” strategy,the role of construction contract management is increasingly important.The implementation of standardized contract model texts can effectively avoid contract risks,shorten contract negotiation time and efficiently control construction projects.Practitioners should be familiar with the key terms of the engineering contract,which help guide the scientific and orderly development of the construction engineering market and effectively improve the competitiveness of the company in the international market.This article compares the 1999 edition FIDIC contract conditions,which is very representative and authoritative,with the Project construction work contract(2017 edition).On the one hand,it perfects the domestic standard contract by learning advanced foreign experience.On the one hand,through the investigation,we can learn the core ideas as well as the management idea from the international contract to improve the national standard construction contract;On the other hand,through the study,the experience can externally enable China's employers and contractors to better safeguard their rights in practical projects.This article will focus on the key provisions of the two contracts.From the perspectives of project settlement clauses,contract dispute resolution clauses,and engineering guarantee clauses analysis,we will explore how to achieve efficient and accurate project settlement management through a series of terms under the management of construction project contracts,how to establish a fast and effective dispute resolution mechanism,and how to improve engineering guarantee system.The paper proposes suggestions for improvement about reducing engineering contract disputes and improving the efficiency of contract.The suggestions focus on the three aspects,the first one is that throuth the implementation of the "joint measurement measurement" system,the promotion of the application of price adjustment formula,strict control of progress payment declaration and review,we can achieve efficient and accurate engineering settlement management.The second one is that through a reasonable dispute resolution order and non-litigation methods,we can resolve contract disputes quickly and effectively.The third one is that the perfection and rationalization of the project guarantee system requires the bank to lead the engineering guarantee market,and under the premise of government supervision,the best model is the appropriate amount insurance conditional guarantee model with the replacement contractor guarantee coexistence.The guarantee model can strengthen the performance of the employers and the contractors,and make the contract plays a better role in the engineering.Through the above research,this article has drawn the results of the three aspects,project settlement management,dispute resolution management and engineering guarantee system,which will help to improve the understanding of the contract terms in the FIDIC constructioncontract the Project construction work contract,and improve the project contract management in China.