First, multiple-choice questions (*** 10 questions, with a total score of 20 points)

1. A construction unit in 2004 3

1-5 DBCBC 6- 10 DDCAD

Second, the noun explanation questions (***2 questions, with a total score of 8 points)

1. The meaning of risk (score: 4 points. )

Risk refers to the possibility of economic loss, natural damage or injury caused by uncertainty in a specific activity.

2. Legal representative (score for this question: 4 points. )

The legal representative refers to the person in charge who exercises civil rights and assumes civil obligations on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person.

Three, short answer questions (***6 questions, with a total score of 36 points)

1. Briefly describe the provisions on settlement and payment of engineering change and price adjustment in FIDIC contract conditions. (This question score: 6 points. )

1. Use the rates and prices in the bill of quantities.

Evaluate the changed work, and use the rates and prices in the bill of quantities if the engineer thinks it appropriate.

2. Formulate new rates and prices.

If the contract does not include the rates or prices applicable to the change, the rates and prices in the contract shall be taken as the valuation within the scope of the contract.

Foundation. If this is not possible, the engineer is required to negotiate with the owner and the contractor properly, and then the engineer and the contractor will agree on an appropriate rate.

Or price. When the two sides disagree, the engineer has the right to determine the rate or price he thinks fit and submit a copy to the owner. Input rate

And the engineer shall determine the provisional rate or price, so that it can be included in the middle of each month as the basis for calculating the provisional payment.

When issuing the settlement voucher.

3. When the change exceeds 15%, the total contract price changes.

If the handover certificate of the whole project is issued, it is found that due to the change of the project and the increase or decrease of the actual quantity in the bill of quantities (excluding tentative)

Amount, hourly fee and price adjustment), so that the total increase or decrease of the contract price exceeds the "effective contract price" (here refers to not

15% of the contract price, including provisional sum and daily allowance, shall be paid according to the contract price after proper consultation between the engineer and the owner and contractor.

Increase or decrease another quantity that may be agreed by the Contractor and the Engineer. If both parties fail to reach an agreement, the amount shall be audited by the engineer.

It is determined after considering the contractor's site cost and total management cost in the contract. The amount shall be calculated at 15% of the effective contract price.

Based on quantity.

2. Briefly describe the conditions of contract change. (This question score: 6 points. )

(1) Contract relationship already exists.

The change of contract is to change the original contractual relationship. Without the original contractual relationship, there is no object of change, so the change of the contract cannot be separated from the existing contractual relationship. The contract is invalid and there is no contractual relationship from the beginning; When the contract is dissolved, it loses its legal binding force from the beginning and has no contractual relationship; Right of ratification people refused to ratify the contract with undetermined validity, and the contractual relationship still did not exist. In this case, there is no room for amending the contract.

(2) The contents of the contract have changed

Narrow contract change does not include the change of contract subject, but only refers to the change of contract content, so the change of contract content is an indispensable condition for contract change.

(3) The modification of a contract must be stipulated and judged directly according to the agreement of the parties or the law, and sometimes it can be expressed according to the intention of the obligee.

If the contract is changed based on the direct provisions of the law, it can take legal effect directly, without going through necessary procedures such as judgment or agreement between the parties. For example, if the debtor breaches the contract, it will naturally turn the debt of performing the contract into the debt of damages, but the parties can negotiate the amount of damages or appeal to the court for judgment.

The change of the contract must seek the consent of the adjudication organ. In our country's laws, firstly, a contract whose intention is untrue, such as a contract established due to a major misunderstanding, must be judged by an unrelated organ; Second, applying the principle of changed circumstances, whether the contract is dissolved or changed must be judged by the adjudication organ. The change of contract is based on the unilateral expression of the right of formation, such as exercising the right of option and changing the contract.

(4) The way to meet the legal requirements.

The requirements of the law for contract changes must be made in a certain way and must be observed. If the contract is changed based on the principle of changed circumstances, it is even more untrue and must be judged by the adjudication organ. When the parties agree to change the contract, sometimes it needs to be in writing, and sometimes it doesn't.

3. Briefly describe the basic characteristics of FIDIC contract conditions. (This question score: 6 points. )

The FIDIC contract conditions are characterized by 1. Due to the detailed investigation of the specific situation of civil construction, the contract text is rigorous and logical; The content is extensive and specific, and it is easy to operate, but sometimes it is too complicated. 2. The supervision and management system is strict. The terms of the contract stipulate a set of scientific legal management systems, such as construction supervision system, contract guarantee system and engineering insurance system. 3. The contract terms are more detailed and fairer. Specifically, the rights and obligations tend to be equal, and the risk responsibility is shared, especially the risk responsibility that the owner should bear. 4. Because FIDIC contract conditions are formulated according to English law,

4. What contents and requirements must the claim report have? (This question score: 6 points. )

Claim documents, also known as claim reports, are the formal written materials for the contractor to claim compensation from the owner. It is also the main basis for the owner to consider the contractor's claim. (1) The contents of the claim report are 1, title.2, event.3, reason.4, conclusion.5, detailed calculation.6, and annex. (2) Basic requirements of claim report. Compiling claim report is an important work in the process of claim. The expression of the claim report has great influence on the settlement of the claim. In general, the following points should be noted. It is the most basic requirement for the whole claim to be true and conclusive. 2. Emphasize the unpredictability and suddenness of events. 3. Make the argument logical and convincing. 4. Analyze the responsibilities clearly. 5. Calculate the claim value reasonably and accurately. 6. Be concise.

5. Talking about the bidding strategy of the construction contract. (This question score: 6 points. )

Bidding strategy refers to the contractor's guiding ideology, systematic work arrangement and ways and means to participate in bidding competition. The main contents of bidding strategy are: (1) Know yourself and seize business opportunities. Nowadays, the world is in the information age, and it plays an important role in bidding activities to collect, develop and utilize bidding information extensively, comprehensively and accurately. Bidders should be good at collecting bidding information through various public media and channels. Understand the market dynamics, familiar with the market situation in the industry, master the tenderer, engineering background, contract situation, and understand the strength of competitors. At the same time, we should also have a correct evaluation of our own strength. Know yourself and yourself, and you will win every battle. (2) Bidding is a form of competition and transaction under the market economy. Through equal competition, the survival of the fittest. We must stand firm in the market competition. We must make a fuss about quality, construction period and price. First, we must ensure the quality of the project. Under this premise, we must take effective measures to shorten the construction period, reduce the project cost and meet the requirements of the owner as much as possible. (3) Strict management, emphasizing credibility. The purpose of bidding for construction projects is to maximize and optimize the investment benefit. Therefore, strict management is very important. The contractor shall abide by the law, strictly abide by the contract, be honest and trustworthy, and strive to win the support of the government and relevant organizations. Form a good social reputation of the enterprise, give full play to its technical and management advantages, and strive for winning the bid with strict emphasis on reputation and management measures. (4) Flexible and changeable, focusing on the future. The competition in the construction market is very fierce. In the competition, the contractor should prepare various schemes and measures, adopt flexible strategies and take the initiative in bidding. At the same time, the contractor should adopt a long-term development strategy and look forward to the future. In order to gain the advantage in the future, it is better to compete at low profit or even unprofitable prices for some projects such as opening up new markets. Bidders should use these strategies flexibly according to specific conditions.

6. Briefly describe the contents about the rights and obligations of the contractor in FIDIC contract conditions. (This question score: 6 points. )

Rights and obligations of the contractor (1) The rights of the contractor are 1, and the contractor is entitled to receive the project payment in time. 2. He can get compensation and compensation for expenses and construction period according to regulations. He can refuse to accept the appointed subcontractor. Although the designated subcontractor is appointed by the owner or engineer, he is only responsible to the contractor, who is responsible for coordinating and managing the work of the designated subcontractor. When the nominated subcontractor fails to perform his duties, it will bring adverse effects to the contractor. For the smooth progress of the construction project, the contractor may refuse the nomination of the designated subcontractor by the owner. 4. If the owner breaches the contract, including the owner's intervention, obstruction or rejection of the payment certificate issued by the engineer; Or the owner declares bankruptcy or the owner cannot continue to perform the contractual obligations due to economic chaos, the contractor has the right to terminate the employment. (2) Contractor's obligations 1. The contractor shall design and construct the project within the scope of the contract with due energy and diligence and ensure the quality, and shall be fully responsible for implementing the project construction and repairing any defects found before the expiration of the "Defects Liability Period"; Be responsible for the adaptability, soundness and safety of all field operations and construction methods. 2. Unless the written consent of the owner is obtained, the contractor shall not transfer part of the benefits in the contract or contract I to any third party except the bank where the contractor opens an account and the insured insurance company; You can't transfer the contract or part of it to others. 3. Through the on-site investigation and signing stage before bidding, both parties to the contract reach an agreement on the contents of the contract documents and sign the contract agreement. The contractor must acknowledge the integrity and correctness of the contract and undertake all the obligations stipulated in the contract. In addition, within 28 days after receiving the letter of acceptance, the performance guarantee shall be submitted to the owner as stipulated in the tender and the engineer shall be notified. As a guarantee that the contractor is prepared to perform the contract correctly. 4. After receiving the letter of acceptance, the contractor shall submit the project progress plan and cash flow estimation table to the engineer. This not only helps the owner to provide the funds needed for the project in time, but also helps the engineer to supervise the construction progress. 5. The instructions given by the engineer, whether written or oral, must be carried out by the contractor. For oral instructions, the contractor shall ask the engineer for written confirmation within 7 days. If the engineer fails to confirm the request in writing within 7 days after receiving the confirmation letter from the contractor, the instruction can be considered as the instruction of the engineer. On the contrary, the contractor shall not make any modification to the engineering design without the instruction of the engineer. Except in cases that are legally or practically impossible, the Contractor shall carry out the construction according to the contract until the satisfaction of the Engineer. The contractor shall be fully responsible for the custody and care of the project, building materials and engineering equipment to be installed until the handover responsibility certificate of the whole project or individual project is issued. It shall still be responsible for the unfinished project that the contractor should complete and the materials and equipment used for the project during the defect liability period. During the "Defects Liability Period", the contractor shall be responsible for completing the remaining work of the project and repairing the defects. 8. The contractor shall attach great importance to the safety of all personnel who have the right to enter the site, maintain the construction order on the site, and provide and set up necessary safety construction equipment. He should also take all reasonable measures to protect the environment around the site and avoid personal or property losses caused by noise and three wastes pollution during construction. 9. All actions of the contractor shall comply with all laws and regulations of the project site.

Iv. Case analysis questions (*** 1 question, total score 12)

1. Case:

In the construction stage of a project, the owner signed a supervision contract with the supervision unit.

1 The stone material, color and sample specified by the owner are reasonable. 2 It is reasonable for the supervision engineer to conduct on-site inspection and inform the unqualified stone that it is not allowed to be used. 3. It is reasonable for the contractor to demand the return of unqualified stone. 4. It is unreasonable for the manufacturer to ask the contractor to pay the return freight on the grounds of the manufacturer's breach of contract. Should take responsibility. It should be borne by the manufacturer, and the responsibility lies with the manufacturer. 6. The supervision engineer shall notify the contractor to suspend the use of this batch of steel, because there is no three certificates. Notify the contractor to submit the legal three certificates of steel, and notify the contractor to leave if it cannot be submitted within the time limit; Only three legal certificates of steel can be submitted and passed the inspection can they be used in the project. If the inspection is unqualified, the contractor shall be notified in writing not to use the material.

Five, essay questions (***2 questions, with a total score of 24 points)

1. What factors should be considered when choosing a contract type? (The score of this question: 12. )

The following factors should be considered when selecting the contract type: (1) the design depth of the construction project; (2) The scale and complexity of the project; (3) the management mode and level of the project; (4) completeness of contract conditions; (5) The preparation time of the project and the urgency of the project progress; (6) External environmental factors of the project. In short, when choosing the contract type, the owner usually takes the initiative, but the owner cannot simply consider it.

2. Please describe the concept and influencing factors of bidding decision. (The score of this question: 12. )

A: The concept of bidding decision includes the following aspects: first, whether to bid for a project; Second, if you bid, what kind of bid is it; Third, how to use the strategies and skills to foster strengths and avoid weaknesses in bidding. Whether the bidding decision is correct or not is related to whether the bid can be won and the benefit after winning the bid; It is related to the development prospects of construction enterprises and the economic interests of employees. The factors affecting decision-making bidding are: (1) the situation of the owner and supervision engineer, the legal status of the owner, the ability to pay and the credibility of performance; The fairness and rationality of supervision engineer's handling of problems are also the influencing factors of bidding decision. (2) Analysis of competitors and competitive situation Whether bidding or not, we should pay attention to the strength and advantages of competitors and the advantages and disadvantages of the bidding environment. (3) Information on laws and regulations For domestic project contracting, domestic laws and regulations are naturally applicable. Moreover, its legal environment is basically the same. (4) Risk. In a word, whether to bid or not is influenced by many factors, which requires bidders to conduct extensive and in-depth investigation and study, systematically accumulate information and comprehensively analyze, so as to make correct decisions in bidding. It is more important to decide whether to bid. Bidders should predict and analyze the cost and profit of contracted projects for bidding decision.