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Comparative Study of Chinese and Foreign Construction Contract
Author: DiChuan
Tutor: ZhuLiDong
School: Wuhan University of Technology
Course: Structural Engineering
Keywords: FIDIC99 Contract Condition Construction Contract Comparing Research 2007 Standard Construction Bidding Document
CLC: F284
Type: Master's thesis
Year: 2011
Downloads: 128
Quote: 1
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Abstract
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During Eleventh Five-Year, China’s economy has been booming powerfully, the construction industry boost quickly. The coming "Twelfth Five-Year" plan put forward many development goals:such as Urban building、Construction in traffic filed and Urbanization construction. In the developing country, infrastructure construction speeding increased in international market These put forward higher requirements for our builders, however higher-level project management is pivotal to fulfill these goal better. Contract management is the key of project management, which play an important role in industry management, enterprise management and project management more and more critical. As the globalization, especially construction industry, it demands more excellent experts because of its global characteristic, who must skillful at contract management.This paper followed research characteristics of management paper, emphasize theory, methods and practice. Pay attention to absorbing latest research achievements of international contract management and successful experience from enterprise and international project. Combine relevant Fundamentals of Law, analysis contract intension deeply. Choose three contact documents of main trend internationally, covered most aspects of international projects. Focus on FIDIC99 and 2007 Standard Construction Bidding 5Document study and compare deeply in apply objective, applied range, responsibility and obligation each side, cooperation principle, especially control program, paying, claim, risk and insurance, which is most important in contract between two contract documents, so as to find difference and regular pattern from systematic and embedded research. Lay emphasis on contract management system, method, system and comparing of management program and risk sharing in the contract fulfilling whole. Also adopts advanced thinks of AIA, NEC contract, bring up the suitable for China’s conditions and international terms finally, try to change the order of contract and specific views.Paper work as domestic relevant government department, construction, construction, consulting unit construction contract reference worked, but also can be used as foreign construction unit foray into the domestic market reference. It’s benefits for perfecting our contract system and terms. Ti’s helpful to improve the management level of parties.
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