Publish time: Wed Apr 25 00:00:00 CST 2012 Contributor:Wangze
On the afternoon of April 20, 2012, the Beijing Arbitration Commission (the BAC) successfully held a “Seminar on Preparing Standard Contracts for Construction Projects of Large Enterprises”. The seminar invited Mr. Qiu Chuang, president of Lian He Jian Guan International Construction Technology Research Institute, an expert on drafting standard contracts, and Wang Hongsong, secretary-general of the BAC as a guest speaker; and was hosted by Ms. Zhang Haifeng, general manager of the Department of Legal Affairs of the Petroleum Corporation, Ltd. of Sinochem Group.1 More than 120 people from large construction enterprises and real property developers attended the seminar.
On February 1, 2012, Regulations on the Application of Bidding Law came into force. Those regulations required that all bidding projects shall use standard texts of contract jointly prepared by the National Development and Reform Commission2 ?and other relevant administrative regulatory authorities. The requirement would no doubt seriously affect the national construction industry; therefore, both the bid inviting enterprises and biding enterprises are in urgent need to adapt themselves to the new regulations. In light of the situation, the BAC planned the seminar focusing on how enterprises could adapt to those new regulations and correctly use the standard contract texts, and how enterprises could avoid and prevent legal risks by appropriately preparing contracts and choosing dispute resolutions.
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The Seminar Spot
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Ms. Zhang Haifeng Is Hosting the Seminar
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During the opening, Ms. Zhang Haifeng first briefed on background information and introduced the guest speakers of the seminar.
Afterwards, one of the guest speakers, Mr. Qiu Chuang delivered the speech of “How to Prepare Contracts for Enterprises’ Construction Projects According to the Requirements for the Standard Texts”. Based on the Summary Standard Construction Bidding Documents and Construction Bidding Documents for Master Contracts that came into force on May 1, 2012 and the Standard Documents for Preliminary Qualifications Review on Construction Bidding and Standard Construction Bidding Documents which came into force in 2007, he presented on how an enterprise could choose and prepare appropriate contract texts to suit its needs from a number of aspects, such as the system and the thinking for preparing standard construction contract texts, the text selection method, the structures of the design and construction master contract and construction project master contract, construction organization and design, contractor’s qualifications, ?the liabilities of the mistakes in the requirements of the contract-offering party, pricing provisions, method of payment and modifications to price evaluation, etc.? ???????
? Ms. Wang Hongsong delivered the lecture on the topic “How to Select Dispute Resolutions in Preparing Construction Project Contracts”, in which she analyzed the characteristics and functions in resolving construction disputes of the four methods of dispute resolution offered in standard texts, namely, litigation, arbitration, friendly negotiation, and dispute review, and based on her own practices and reflections, she briefed the participants on the BAC’s dispute resolution systems—the systems of arbitration, independent commercial conciliation and dispute review, as well as the skills for choosing dispute resolutions, especially on how to draft arbitrations provisions under different conditions (for more details, please see the link below).
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Mr. Qiu Chuang Lecturing
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Ms. Wang Hongsong Lecturing
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Participants Interacting
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Guest Speakers Taking Questions
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The lectures of the guest speakers aroused great interest among the participants. During the Q&A time, participants and guest speakers had more communication and discussions, deepening the contents of the seminar. The seminar offered a platform for construction enterprises to correctly understand the new regulations and master the preparation of new contract texts, and assisted the enterprises in avoiding legal risks by appropriately preparing contracts in their practices.
The seminar achieved its purposes and came to a successful close.