工程项目发包方与监理方冲突来源、分类及管理

The origin,classification and management of conflicts between the owner and the supervisor of a construction project

发包方与监理方之间的委托关系意味着双方主体在某些方面存在不同,在组织、技术、资金、管理权限、市场化以及是否盈利等方面均有显著区别。单一委托模式、平行委托模式和联合体委托模式分别适用于不同的监理委托模式。双方产生冲突的来源大致可归结为发包方主要责任、监理方主要责任以及不确定事项等几个方面。按照成因和合同关系范畴对冲突事项进行分类,并在此基础上,从合同和关系层面说明如何管理事前冲突,从发包方、监理方和合同建设三个角度论述了如何管理可能面临的冲突。

The principal-agent relationship between the owner and the supervisor means that they are different in several aspects, such as organization, technology, financing, administrative authori- ty, marketing and profitability. Single entrust pattern, parallel entrust pattern and consortium entrust pattern are applicable to different entrust patterns of supervision. The origin of conflicts between the two parties can be roughly attributed to owner＇ s faults, supervisor＇ s faults, and undetermined mat- ters. In this research, conflicts were classified in terms of the origin and the contractual relationships. The management of prior conflicts was explained from the perspectives of the contract itself and the involved relationships; the management of possible conflicts was discussed from three aspects： the owner, the supervisor and the contract itseff.