关键词: 煤炭工程施工合同, 合同约束力, 合同管理

Abstract:

In order to clarify the contract parties’rights,obligations and responsibilities of the Coal Engineering,to prevent the human interference,to eliminate the randomness,as well as to avoid the controversy,the schedule delays and the economic losses,this paper analyzes the prominent issues in the performance of the construction contract from the reality of the Coal Engineering with the contract laws and other relevant laws and regulations.These issues include the ambiguous agreement on the scopes like the construction scope in the contract,the scope of the equipment supply,and the scope of the construction and the installation work;the unclear boundary between the equipment and the material;the inappropriate use of the calculation rules for the work amount;the weakened binding force of the contract and the man-made changes,etc.The strategies to improve the management of the Coal Engineering construction contract are proposed:①To make the contract’s content comprehensive, complete,clear and specific, evading the contract risks;②To establish the management system for the Coal Engineering construction contract,clarifying the responsibilities and ensuring the binding force of the contract;③To develop a standard text for the coal construction contract and to enhance the dynamic management of the contract.

Key words: the construction contract of the Coal Engineering, the binding force of the contract, contract management