Study On Legal Risks And Responsibilities Of Design Units In EPC Project General Contracting Mode

EPC project general contracting mode is a mode that is in line with international standards,formed and gradually developed and matured in the long-term practice of international engineering.It overcomes the inherent relationship between design,procurement and construction in traditional engineering mode.Can fully meet the owner or the construction unit of the cost,construction period,risk expectations,and promote the smooth construction of the project,and can ensure the normal delivery of the use of the "turnkey" project.EPC project general contracting mode led by design units is the demand of economic development of The Times and the inevitable trend of history.In the general contracting mode of EPC project,the concept of the design unit leading the implementation of the project project is to take the overall construction completion of the project as the primary goal,effectively integrate social resources through win-win cooperation,and obtain the competitive advantage of the design unit leading the general contracting mode of EPC project.In EPC project general contracting mode,especially the construction of complex super standard,process trival,and the design level of EPC project general contracting,design units as initiator or general contractor,to the early stage of the design work,understand the requirement of owner adequately,include owner is not clear to express design concept and intention,to consulting services at the early stage of the project investment estimation and do good estimate control,and through the design management do project fully control each link of the design quality and design intent of clear expression.The design level embodied by the design unit in the EPC project general contracting mode can represent the comprehensive strength of the general contractor and the consortium,including the cultural level,knowledge ability and innovation ability,and fundamentally meet the needs of the owner or the construction unit.Therefore,the general contracting mode of EPC project carried out by the design unit is an opportunity to vigorously develop the business,improve the business ability and realize the economic benefits of the design unit,so as to make the design unit invincible in the market competition.However,the design unit is not only faced with the design risk and responsibility of the traditional design unit in the EPC project general contracting mode.Since there is no formal and standardized legal system to strictly control the EPC project general contracting mode,there are some complex problems,such as: Not completely in line with international standards,failed to exert its advantages,the EPC project market access conditions,the fuzzy design optimization problem,the conditions of the tender,it is not clear,the contract text the applicable problem,the provisions ofthe bid bond is not clear,the project manager qualifications are not clear,industry regulatory approval for the record system to keep up with,subcontract management system is not clear,so the design units facing huge risks and responsibilities,it is difficult to achieve the balance of interests within the scope of the design value.In conclusion,also is the starting point of the author to write this paper,from the perspective of law,analysis and design units to undertake cases in the risk and responsibility of the EPC project general contracting mode,this prevention countermeasures,in order to try to maintain the EPC project general contracting mode in the lawful rights and interests of the consortium contracting case design units,efforts to promote the EPC project general contracting mode of social security of the development of the market.