(关于国际工程承包，正文及参考文献)
International Contracting of Engineering Projects
Engineering is a profession that requires both a great deal of experience in theory and practice in order to be successful. Knowing a great deal about the principles of engineering will not offer the same advantages to a designer or contractor if they do not also have the knowledge and experience of the contracting process. It is therefore essential that contractors are aware of the various types of international contracts available, their contractual differences and implications, and the best practices to adhere to when engaged in international engineering contracting.
In competitive international markets, engineering contractors must have the knowledge and experience required to complete their projects in the most efficient and cost-effective manner. This can be a complicated process as contracts vary between countries, even when the parties involved may speak the same language. The main types of international engineering contracts include: joint venture agreements, government contracts, lump sum agreeements, Design/Build contracts, Qualified Independent Bid (QIB) contracts, and partnerships. Each type of contract offers different considerations and consequences that must be considered when selecting the right contract for the job.
Joint venture agreements are the most commonly used type of international engineering contracts. These agreements are similar to those found in the domestic market, but they must comply with the local laws and regulations. Specifically, joint venture agreements usually involve a high level of risk sharing and a high level of collaboration between contracting parties. However, joint venture agreements are not suitable for all projects, as they pose high risks for both parties and have a greater chance of dispute resolution.
Government contracts, or “offers for bids”, are typically used on international projects by governments, organizations and companies. Government contracts provide for the funding of international projects and the negotiation of specific contractual terms and conditions, often with strict terms and conditions around procurement deadlines, performance and payment obligations. For large-scale projects, governments may also provide guidelines regarding the bidding process and awarding of contracts by publication in local press or gazette notices. Government contracts typically offer more protection to the contracting parties than joint venture agreements.
Lump sum agreements are a single contract that covers the entire range of services to be provided by a contractor. The contractor agrees to provide all the materials and labor required to complete the specified works within a specified period of time and at a certain price. Lump sum contracting allows the contracting parties to avoid complex negotiations, however the contractor is exposed to the risk of unforeseeable problems that may arise during the construction process.
Design/Build contracts are the most commonly used type of partnering agreements in international construction. The contractor takes on the responsibility for the design and construction of the project, and the owner provides overall management oversight and additional guidance. Design/Build contracts usually include a fee structure and performance-based incentives to encourage the contractor to meet specific goals. However, risks associated with design/build contracts include problems that arise from the lack of owner expertise in both the design and construction phases, as well as from poor contract specifications.
Qualified Independent Bid (QIB) contracts are similar to Design/Build agreements, but use a competitive bidding process for the selection of a contractor or design team. QIB contracts provide maximum protection to the owner as they generally require bidders to meet certain performance criteria as well as a fee structure. Because of their comprehensive specifications and process, QIB contracts are generally much more expensive than lump sum contracts.
Finally, partnerships are agreements between two or more organizations to work together on a project. Partnerships usually involve the pooling of resources, including financial, technical and organizational capabilities. Depending on the nature of the project, partnerships can provide a great deal of flexibility and agility in completing the project on time and within budget. However, partnerships can also be riskier than other forms of contracting, as each partner must share in the responsibility for project success.
In conclusion, international engineering projects require contracting expertise and knowledge of the contractual implications. There are many types of international engineering contracts, each offering different levels of risk and potential rewards. Contractors should be aware of the various international contracting options available, and the unique considerations and implications associated with each. By doing so, they can ensure they select the most appropriate contracting option to meet their project needs.
