天津大學(xué)管理學(xué)院工程管理系97國工合同管理試卷(a)-資料下載頁
2025-01-03 19:24本頁面
【正文】 IC conditions of Contract for Construction, 1999.1) Employer’s risks generally include: war, hostilities, invasion, act of foreign enemies。 rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the Country。 riot, motion or disorder within the Country by persons other than the Contractor’s Personnel and other employees of the Contractor and Subcontractor。 munitions of war, explosive materials, ionizing radiation or contamination by radioactivity, within the Country, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radioactivity。 pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds。 use or occupation by the Employer of any part of the Permanent Works, except as may be specified in the Contract。 design of any part of the Works by the Employer’s Personnel or by others for whom the Employer is responsible。 any operation of the forces of nature which in Unforeseeable or against which an experienced contractor could not reasonably have been expected to have taken adequate preventative precautions. 2) Except the above mentioned Employer’s risks, all other risks should be deemed to be born by the Contractor. Generally speaking, such risks include: the temporary works, the design of permanent works that the Contractor is responsible, the unforeseen adverse physical conditions as a result of lack experience or site investigation, the damage to the roads and bridges as a result of the transportation of the Contractor, the noise and contamination of the construction process, the safety of personnel and property on site, the custody of permanent work, etc. 3) The principle for the allocation is as following: the risk should be born by the party, a) If the risk is of loss due to his own willful misconduct or lack of reasonable efficiency or care。b) If he can cover the risk by insurance and allow for the premium in settling his charges and it is most convenient and practicable for the risk to be dealt with in this way。c) If the preponderant economic benefit of running the risk accrues to him。d) If it is in the interests of efficiency to place in the risk on him。 ande) If, when the risk eventuates, the loss happens to all on him in the first instance, and there is no reason under any of the above headings to transfer the loss to another, or it is impracticable to do so.4. Give your detailed understanding of how to be a highly qualified contract manager for international construction.Key point: 根據(jù)以下采分點(diǎn)給分Knowledge of contractKnowledge of Engineering and ConstructionBusiness KnowledgeLegal KnowledgeManagement SkillsLanguage SkillsSmooth Internal CoordinationGood External RelationshipSample:The quality of the contract manager should include: （1）the overall perspective of a construction project（2）the thorough understanding of the contract documents（3）the wider knowledge including the structure, construction, law, international economic and trade, international politics, etc.（4）the management skill and experience of corporation management and project management （5）good working attitude like patience, scrupulous, etc. （6）good contract consciousness to find the opportunities hidden in contract documents（7）good interpersonal skills to municate and negotiate with others 第 16 頁 共 16 頁
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