摘要(英) |
Abstract
Since the domestic public constructions are more complex and
huge in the aspects of scales, categories, characters and
technologies day by day and the time limit for a construction
project is more urgent than before, it is more difficult for the
performance of public constructions. With the policy of
personnel simplification, the workload of the construction
organizer is increasing progressively and the organizer also
lacks of professional talents and capacities. Therefore, it will
be a trend that the private sector is trusted to use its
professional resources to provide PCM (Professional Construction
Management) technology services. And, the organizer may
authorize the supervision of the construction together to the
private sector according to the construction nature and the
actual demand.
In the construction process, the PCM firm, including
construction supervisor, is a management subject of the single
contracting agreement and plays two different “supervision”
roles in the construction separately, bringing different classes
in the quality control ranks and overlaps of supervision items.
No matter if the PCM firm and the construction supervisor adopt
single contracting method or another contracting types for
mutual bidding, the corporation base between the PCM firm and
the supervisor, or their own respective establishment purposes
is aimed at making profits. Besides, all businesses that are
involved with the PCM firm have the interests in the
construction supervision. In order to maintain the fairness and
reliability of administrative behaviors or approval judgments of
the PCM firm, the PCM firm shall avoid anything that may bring
aspersion and avoid any conflict of interest. If it is
disputable that the PCM firm executes the supervision, the PCM
firm would be suspected to be “A player also serves as a
referee”.
With review of history documents, this thesis tries to study the
applicable law for the PCM firm including construction
supervision from the three-grade quality control class, the
cooperation nature of agreement, the construction supervision
class, the relative rights and responsibilities, and the
conflicts of interests. This thesis also uses actual cases to
explain and analyze its performance system. Finally, this thesis
concludes and suggests the applicable PCM mode for the
construction organizer and the references for law modification
in the future. |