CN104091217A - Performance bond control method - Google Patents
Performance bond control method Download PDFInfo
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- CN104091217A CN104091217A CN201310109559.3A CN201310109559A CN104091217A CN 104091217 A CN104091217 A CN 104091217A CN 201310109559 A CN201310109559 A CN 201310109559A CN 104091217 A CN104091217 A CN 104091217A
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- system server
- accepting
- consumer
- payment
- labor service
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Abstract
The invention provides a performance bond control method. A contractor and a consumer jointly log in a signed contract content in a default system server. Within a specified time limit, the consumer imports a certain amount of advance payment into a project account of a designated bank organization. After the bank organization receives the advance payment, an activation message is fed back to the system server. The system server notifies the contractor to carry out labor service. After the contractor completes the labor service of a preset stage, the contractor and the consumer jointly carry out acceptance to confirm that contract specifications are met. After the system server carries out login, the system server outputs a payment signal to the bank organization. The project fund of the stage is paid to the contractor in the project account. The system server notifies the consumer to import a certain proportion of project fund of a next stage to the project account. After the system server accepts the acceptance of login completion of the contractor and the consumer, the payment signal is fed back to the bank organization. The completion final payment is paid to the contractor in the project account, and then the system server carries out closure.
Description
Technical field
The invention relates to the control and management method of performance bond, refer to especially the guarantee to fulfil control and management method of the agreement such as engineering quality, completion and payment of a kind of consumer of guaranteeing and the side of accepting both sides.
Background technology
Have at present for example, carrying out and enforcement about mini engineering (: interior decoration construction), more common great dispute is as follows:
1. whether be good manufacturer legal and that put on record through government because general consumer (owner) is unfamiliar with the signed a contract side of accepting (construction manufacturer), often paid after a large sum of construction cost, the pernicious volume money of this bad manufacturer and will not construct or construction quality low.
2. the side of accepting (construction manufacturer) receives consumer (owner) and entrusts finishing, and after material is ordered or constructed, consumer (owner) does not deliberately pay this material fund or delays and do not pay engineering funds.
Because said circumstances emerges in an endless stream, cause dispute during a lawsuit high, the relative waste that causes social confusion and related resource, make the both sides such as consumer (owner) and the side of accepting (construction manufacturer) not only cause monetary loss, produce both sides' distrust, have even the doubt endangering public security.
Because common engineering course of performance has above-mentioned shortcoming, inventor is the road for these shortcoming Improvements, finally has generation of the present invention.
Summary of the invention
Fundamental purpose of the present invention is to provide a kind of control and management method of performance bond, it can guarantee that consumer (owner) and the side of accepting (construction manufacturer) bilateral discharge ensure the agreements such as engineering quality, completion date and Payment Methods, take into account both sides' legitimate rights and interests simultaneously, reach the result of doulbe-sides' victory.
Another object of the present invention is to provide a kind of control and management method of performance bond, it can effectively avoid the both sides such as consumer (owner) and the side of accepting (construction manufacturer) to produce the dispute of promise breaking, to reduce meaningless lawsuit.
The present invention is for reaching above-mentioned purpose and effect, and the technical scheme adopting comprises: a kind of control and management method of performance bond, and the method step is as follows:
" system server is accepted both sides and logined treaty content, and passes through through examination & verification " step, is jointly to login at default system server the treaty content completing once signing by the side of accepting and consumer, and by this system server examination & verification by after put on record;
" banking institution's operating system in consumer within certain time limit; payment in advance is imported to honouring an agreement behind special family of default banking institution; feedback one activates message to system server again " step, be by consumer within the time limit of an appointment, the payment in advance of certain amount is imported in the project account of a specified banking institution of system server, and the operating system of this banking institution is being received after this payment in advance, then feedback one activates message to this system server;
" the system server notice side of accepting carries out labor service work; and complete after the labor service work in default stage; whether meet contract norm together with checking and accepting project content by both party " determining step, to carry out labor service work by this system server notice side of accepting, and complete in this side of accepting after the labor service work in default stage, notify both sides jointly to check and accept this labor service work (engineering) content by system server and whether meet contractual specification;
" system server is accepted both sides and is logined and confirm to meet contract norm; and feedback one payment signal is to banking institution's operating system; and pay stage engineering funds to the side of accepting via the aforementioned special family of honouring an agreement " and step, to meet after contract norm in examination project content confirmation by both party, jointly arrive again aforementioned system server log, after being determined by system server, export a payment signal to banking institution's operating system, this banking institution's operating system is by paying this stage engineering funds in this project account to the side of accepting;
" consumer imports a certain proportion of next stage engineering funds to honour an agreement in special family again " step, is that receive after above-mentioned stage engineering funds the side of accepting, and notifies consumer that a certain proportion of next stage engineering funds is imported to this project account by system server;
" side of accepting confirms to complete? " determining step, the confirmation that has completed all labor service work by this system server acceptance side of accepting is moved;
" system server is accepted both sides can investigate the login action of receiving all labor service work on the spot; and the operating system to banking institution is believed in feedback one payment " and step, to confirm after completion in the side of accepting, check and accept by both party engineering, this system server can be logined after completion acceptance accepting both sides, and feedback one remaining fund payment signal is to banking institution's operating system;
" banking institution's operating system pays residue remaining fund to the side of accepting via the special family of honouring an agreement; and wound up the case by system server " step, to be received after the remaining fund payment signal of system server by this banking institution's operating system, the remaining fund that pays this completion in aforementioned project account is thus given the side of accepting, then is wound up the case by system server.
According to above-mentioned flow process, it is wherein said that " the system server notice side of accepting carries out labor service work, and complete after the labor service work in default stage, whether meet contract norm together with checking and accepting project content by both party " after determining step, if the project content of its examination does not meet contract norm, sequentially carry out " bilateral agreement subsequent treatment way " step and " whether proceeding labor service work " determining step, coordinate both sides by system server subsequent treatment mode is discussed, if no longer continue construction after discussing, the resolution content of discussing according to both sides is carried out, and finish all flow processs, if continue construction, repeating this should " the system server notice side of accepting carries out labor service work, and completes after the labor service work in default stage, whether meets contract norm by both party together with checking and accepting project content " determining step.
According to above-mentioned flow process, wherein said payment in advance comprises: a certain proportion of engineering funds and relevant job service expense.
According to above-mentioned flow process, wherein said " system server is accepted both sides and is logined treaty content; and pass through through examination & verification " before step, first carry out " system member (side of accepting) with sign contract for having about remuneration for personal services (engineering funds) and both sides' Responsibility Content to making (consumer) " step, mutually sign contract by the side of accepting and consumer, and in contract, state clearly responsibilities of the parties and remuneration relation, use restriction and only participate in for system member.
According to above-mentioned flow process, wherein in this contract, state clearly responsibilities of the parties and remuneration relation comprises: construction quality, completion date and engineering funds Payment Methods.
So, the control and management method of performance bond of the present invention has and guarantees consumer and the side of accepting both sides guarantee to fulfil engineering quality, completion and the effect according to agreed payment.
As for detailed structure of the present invention, application principle, effect and effect, can be understood completely with reference to the following description with the accompanying drawings.
Brief description of the drawings:
Fig. 1 is method flow diagram of the present invention.
Embodiment:
Shown in please refer to the drawing 1, known main implementing procedure of the present invention comprises: " system member (side of accepting) with sign contract for having about remuneration for personal services (engineering funds) and both sides' Responsibility Content to making (consumer) " S11 step, " system server is accepted both sides and is logined treaty content, and pass through through examination & verification " S12 step, " banking institution's operating system consumer within certain time limit, payment in advance is imported to honouring an agreement behind special family of default banking institution, feedback one activates message to system server again " S13 step, " the system server notice side of accepting carries out labor service work, and complete after the labor service work in default stage, whether meet contract norm together with checking and accepting project content by both party " S14 determining step, " bilateral agreement subsequent treatment way " S15 step, the S16 determining step of " whether proceeding labor service work ", " system server is accepted both sides and is logined and confirm to meet contract norm, and feedback one payment signal is to banking institution's operating system, and pay stage engineering funds to the side of accepting via the aforementioned special family of honouring an agreement " S17 step, " consumer imports a certain proportion of next stage engineering funds to honour an agreement in special family again " S18 step, " side of accepting confirms to complete? " S19 determining step, " system server is accepted both sides can investigate the login action of receiving all labor service work on the spot, and feedback one payment signal is to banking institution's operating system " S20 step, " banking institution's operating system pays residue remaining fund to the side of accepting via the special family of honouring an agreement, and wound up the case by system server " part such as S21 step.
First, " system member (side of accepting) with sign contract for having about remuneration for personal services (engineering funds) and both sides' Responsibility Content to making (consumer) " S11 step, be mutually to sign contract by the side of accepting (can be member or the general manufacturer in predetermined system server log in advance) with a consumer, and in contract, state clearly responsibilities of the parties (construction quality and completion date) and remuneration (paying engineering funds mode) relation; Again via " system server is accepted both sides and is logined treaty content, and through examination & verification pass through " S12 step, jointly login this particulars of a contract in default system server by both party, and by aforementioned system server audit by after put on record.
Then, through " banking institution's operating system in consumer within certain time limit, payment in advance is imported to honouring an agreement behind special family of default banking institution, feedback one activates message to system server again " S13 step, be by consumer within the time limit of an appointment, the payment in advance of certain amount (comprising a certain proportion of engineering funds and relevant job service expense) is imported in the project account of a specified banking institution of system server, and the operating system of aforementioned banking institution is being received after this payment in advance, then feedback one activates message to this system server, execution should " the system server notice side of accepting carries out labor service work again, and complete after the labor service work in default stage, whether meet contract norm together with checking and accepting project content by both party " S14 determining step, by aforementioned system server notification, the side of accepting carries out labor service work, and complete in this side of accepting after the labor service work in default stage, notify both sides jointly to check and accept this labor service work (engineering) content by system server and whether meet contractual specification, if its judged result is for negating " N ", represent that this project content does not meet contractual specification, sequentially carry out " bilateral agreement subsequent treatment way " S15 step, the S16 step of " whether proceeding labor service work ", coordinate both sides by system server subsequent treatment mode is discussed, if no longer continue construction after discussing, the resolution content of discussing according to both sides is carried out, and finish all flow processs, if its judged result is for affirming " Y ", represent that this project content meets contractual specification, carry out that " system server is accepted both sides and logined and confirm to meet contract norm, and feedback one payment signal is to banking institution's operating system, and pay stage engineering funds to the side of accepting via the aforementioned special family of honouring an agreement " S17 step, to meet after contract norm in examination project content confirmation by both party, jointly arrive again aforementioned system server log, after being determined by system server, export a payment signal to banking institution's operating system, this banking institution operating system can be by paying this stage engineering funds in this project account to the side of accepting.
Be somebody's turn to do " consumer imports a certain proportion of next stage engineering funds to honour an agreement in special family again " S18 step, be that the side of accepting receives after above-mentioned stage engineering funds, notify consumer again certain proportion next stage engineering funds to be imported to this project account by system server, simultaneously, separately carry out one " side of accepting confirms to complete? " S19 determining step, being confirmed whether to complete all labor services by the aforementioned system server acceptance side of accepting works, if its judged result is for negating " N ", represent that this project not yet completes, " the system server notice side of accepting carries out labor service work to repeat this, and after completing the labor service work in default stage, whether meet contract norm together with checking and accepting project content by both party " S14 determining step, if its judged result is for affirming " Y ", represent that this project completes, " system server is accepted both sides can investigate the login action of receiving all labor service work on the spot in sequentially execution, and feedback one payment signal is to banking institution's operating system " S20 step, " banking institution's operating system pays residue remaining fund via this special family of honouring an agreement and gives the side of accepting, and wound up the case by system server " S21 step, be these both sides can investigate on the spot receive this project and confirm completed errorless after, this system server is logined after confirmation in accepting both sides, can feedback one payment signal arrive banking institution's operating system, this banking institution's operating system can be given the side of accepting by the remaining fund that pays this completion in this project account, wound up the case by system server again, to complete all flow processs.
Known from the above mentioned, the control and management method of performance bond of the present invention has really guarantees consumer and the side of accepting both sides guarantee to fulfil engineering quality, completion and the effect according to agreed payment, has really had usability, novelty and the progressive in industry.
Only the above, be only a preferred embodiment of the present invention, is not used for limiting scope of the invention process.Be that all equalizations of doing according to the present patent application the scope of the claims change and modify, be all the scope of the claims of the present invention and contain.
Claims (5)
1. a control and management method for performance bond, is characterized in that: the method step is as follows:
" system server is accepted both sides and logined treaty content, and passes through through examination & verification " step, is jointly to login at default system server the treaty content completing once signing by the side of accepting and consumer, and by this system server examination & verification by after put on record;
" banking institution's operating system consumer within certain time limit; payment in advance is imported to honouring an agreement behind special family of default banking institution; feedback one activates message to system server again " step, be by consumer within the time limit of an appointment, the payment in advance of certain amount is imported in the project account of a specified banking institution of system server, and the operating system of this banking institution is being received after this payment in advance, then feedback one activates message to this system server;
" the system server notice side of accepting carries out labor service work; and complete after the labor service work in default stage; whether meet contract norm together with checking and accepting project content by both party " determining step, to carry out labor service work by this system server notice side of accepting, and complete in this side of accepting after the labor service work in default stage, notify both sides jointly to check and accept this labor service work (engineering) content by system server and whether meet contractual specification;
" system server is accepted both sides and is logined and confirm to meet contract norm; and feedback one payment signal is to banking institution's operating system; and pay stage engineering funds to the side of accepting via the aforementioned special family of honouring an agreement " and step, to meet after contract norm in examination project content confirmation by both party, jointly arrive again aforementioned system server log, after being determined by system server, export a payment signal to banking institution's operating system, this banking institution's operating system is by paying this stage engineering funds in this project account to the side of accepting;
" consumer imports aforementioned honouring an agreement in special family by a certain proportion of next stage engineering funds again " step, is to receive after above-mentioned stage engineering funds in the side of accepting, and notifies consumer that a certain proportion of next stage engineering funds is imported to aforementioned project account by system server;
" side of accepting confirms to complete? " determining step, the confirmation that has completed all labor service work by this system server acceptance side of accepting is moved;
" system server is accepted both sides can investigate the login action of receiving all labor service work on the spot; and feedback one payment signal is to banking institution's operating system " and step, to confirm after completion in the side of accepting, check and accept by both party engineering, this system server is logined after completion acceptance accepting both sides, and feedback one remaining fund payment signal is to banking institution's operating system;
" banking institution's operating system pays residue remaining fund to the side of accepting via the aforementioned special family of honouring an agreement; and wound up the case by system server " step, to be received after the remaining fund payment signal of system server by this banking institution's operating system, can, by the remaining fund that pays this completion in this project account to the side of accepting, then be wound up the case by system server.
2. the control and management method of performance bond as claimed in claim 1, it is characterized in that: described " the system server notice side of accepting carries out labor service work, and after completing the labor service work in default stage, whether meet contract norm together with checking and accepting project content by both party " after determining step, if the project content of its examination does not meet contract norm, sequentially carry out " bilateral agreement subsequent treatment way " step and " whether proceeding labor service work " determining step, coordinate both sides by system server subsequent treatment mode is discussed, if no longer continue construction after discussing, the resolution content of discussing according to both sides is carried out, and finish all flow processs, if continue construction, repeating this should " the system server notice side of accepting carries out labor service work, and completes after the labor service work in default stage, whether meets contract norm by both party together with checking and accepting project content " determining step.
3. the control and management method of performance bond as claimed in claim 1, is characterized in that: described payment in advance comprises a certain proportion of engineering funds and relevant job service expense.
4. the control and management method of performance bond as claimed in claim 1, it is characterized in that: described " system server is accepted both sides and is logined treaty content; and pass through through examination & verification " before step, first carry out " system member i.e. the side of accepting and be that consumer is that engineering funds and both sides' Responsibility Content are signed contract for having about remuneration for personal services to making " step, mutually sign contract by the side of accepting and consumer, and in contract, state clearly responsibilities of the parties and remuneration relation, use restriction and only participate in for system member.
5. the control and management method of performance bond as claimed in claim 4, is characterized in that: in described contract, state clearly responsibilities of the parties and remuneration relation, comprising: construction quality, completion date and engineering funds Payment Methods.
Priority Applications (1)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN201310109559.3A CN104091217A (en) | 2013-04-01 | 2013-04-01 | Performance bond control method |
Applications Claiming Priority (1)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN201310109559.3A CN104091217A (en) | 2013-04-01 | 2013-04-01 | Performance bond control method |
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| Publication Number | Publication Date |
|---|---|
| CN104091217A true CN104091217A (en) | 2014-10-08 |
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| Application Number | Title | Priority Date | Filing Date |
|---|---|---|---|
| CN201310109559.3A Pending CN104091217A (en) | 2013-04-01 | 2013-04-01 | Performance bond control method |
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Cited By (2)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| TWI670676B (en) * | 2018-01-26 | 2019-09-01 | 林國平 | Method and system for contract management of design and construction services |
| CN112446683A (en) * | 2020-11-30 | 2021-03-05 | 上海济邦投资咨询有限公司 | Contract performance information management and control system |
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| JP2000020602A (en) * | 1998-07-07 | 2000-01-21 | Hitachi Ltd | Message transmission system |
| CN102194197A (en) * | 2010-03-03 | 2011-09-21 | 和雅保险经纪人有限公司 | Method for ensuring fulfillment of surety bond insurance contract |
| TW201301159A (en) * | 2011-06-23 | 2013-01-01 | Hung-Yi Wu | Full compliance ensure service process |
-
2013
- 2013-04-01 CN CN201310109559.3A patent/CN104091217A/en active Pending
Patent Citations (3)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| JP2000020602A (en) * | 1998-07-07 | 2000-01-21 | Hitachi Ltd | Message transmission system |
| CN102194197A (en) * | 2010-03-03 | 2011-09-21 | 和雅保险经纪人有限公司 | Method for ensuring fulfillment of surety bond insurance contract |
| TW201301159A (en) * | 2011-06-23 | 2013-01-01 | Hung-Yi Wu | Full compliance ensure service process |
Cited By (2)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| TWI670676B (en) * | 2018-01-26 | 2019-09-01 | 林國平 | Method and system for contract management of design and construction services |
| CN112446683A (en) * | 2020-11-30 | 2021-03-05 | 上海济邦投资咨询有限公司 | Contract performance information management and control system |
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Application publication date: 20141008 |