建筑论文参考文献和建筑合同英文文献翻译 第4页
1.4 Innovations and Trends
A+B contracts are a relatively new innovation imported from Europe. They were developed by the Departments of Transportation to reduce the time highways are under construction, and therefore are restricting traffic flow. Many highway projects involve renovation, repair, improvement, or widening. Very few are true new construction projects. The purpose of the A+B contract is to provide a way to compensate the contractor for the expertise in sequencing and staging to complete the work quickly and efficiently.
“ A+B” means cost plus time. The Department of Transportation will assign a value to each day the highway work is being performed and the contractors will then bid a price plus a number of days. The low bidder is determined as the low total of the value of cost plus time. It is, of course, very possible to select a low bidder who bids a higher price, but fewer days , than the other contractors.
There are other forms of contracts, each with its own specialized purpose. For instance, guaranteed maximum price contracts are sometimes used for negotiated work that is started before the design is complete, making it difficult or impossible for the contractor to estimate the price accurately. This type of contract is also sometimes used when one contractor defaults on a partially complete contract, and a second contractor finishes the project.
2 Contracting methods refers to the contractual arrangements the owner users to procure a project, whereas contract types refer to how the contractor would be paid for performing the work.
2.1 Design-Build
Design-Build contract are exactly what the name implies. On contractor is responsible for both the design and construction. This type of contracting is growing in popularity. A design-build contract provides distinct advantages to the owner who no longer needs to referee disagreements between the designer and the contractor because they are working together under the sane contract. Design-build contracts are often structured on accost plus with a: guaranteed maximum price (GMP) basis. Often the savings below the GMP is shared by the owner and contractor.
2.2 Design-build-operate
Design-build-operate are not as common as design-build contracts. They may be used for projects such as athletic arenas, water treatment plants, water purification facilities, and toll highways. The principle is that the contractor will retain some percentage of ownership in the facility, up to 100%, for a specified period of time, and operate the facility for a profit during that time to recoup the capital investment (total cost plus profit). The period of ownership by the contractor may vary from a few years to permanent. During the period of ownership, the contractor is responsible for all costs of ownership, and all profits resulting from ownership. In the case of athletic arenas, there is typically a revenue-or profit-sharing agreement with the team ownership or municipality.
3. Bonds (Guarantees)
In any bond there are three parties-the principal (contractor), the surety (bonding company) and the obligee (owner). The surety and the principal make a joint and several guarantee to the owner, that is both parties are obligated to the owner.
3.1 Bid Bonds
Bid bonds have two purposes: (1) to guarantee the contractor will enter into a contract if determined to be the lowest responsible bidder and (2) to guarantee the contractor will provide the required payment and performance bonds, and insurance policies. When the performance and payment bonds have been submitted, the contractor is released from the bid bond obligations.
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3.2 Performance Bonds
Performance Bonds guarantee the performance of the contract requirements at the stated bid price. In effect, the surety is saying it guarantees the performance of the contractor, or it will complete the project as described in the plans and specifications. The surety is in the position of being asked to guarantee the contractor’s performance. Therefore, the contractor must demonstrate an ability to perform before the surety is willing to issue payment and performance bonds. The surety will visit the contractor’s home office and job sites, and will contact the owners of recently completed contracts.
Contractors must develop a long-standing working relationship with their surety, and they must learn to present their company in its most favorable light when applying for payment and performance bonds. They must work consistently with a surety who will underwrite projects with specific constraints of project type, location, and size. If a contractor defaults on performance of the contract, the surety who will underwrite projects with specific constraints of project type, location, and size .if a contractor defaults on performance of the contract, the surety has three basic choices:
(1) Buy back the bond. This amounts to giving he owner a check for the amount of the penal value of the bonds.
(2) Replace the contractor. Negotiate or advertise for bids for the purpose of retaining another contractor to finish the work.
(3) Finance the contractor. The bonding company runs the risk of spending more than the value of the bond, but this is still a common option because the contractor is familiar with the project.
Today most sureties try to replace the contractor.
3.3 Payment Bonds
The Miller Act of 1935 provides that on federal projects over $200,000,the contractor must furnish payment and performance bonds in a satisfactory amount. Most states have passed Little Miller Act legislation. Government agencies require bonds because contractors cannot place a lien on government-owned property. The Miller Act and state-level Little Miller Acts provide the mechanism to guarantee the performance of the general contractor, and that the subcontracors, labor, and suppliers will be paid.
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