The Study On Acting Construction Contract Based On Risk Assignment

On July 16,2004 the State Council announced "The decision about reform of the investment system" which points out that it is need to reinforce to government investment project administration and to improve the construction methods. It also points out to accelerate the non-profit making government investment project with the ways of 'acting construction system'. Further study about related theory of acting construction system, advancement the development about acting construction system already become the important subject in the domain of government investment project. This article mainly conducts the research from the follow two aspects:This article comment on the connotation of acting construction system,the relationship between the three partners, the implement range of acting construction system, the similarities and differences between acting construction system and general contract, project management and so on. By the analysis of this article, it points out that it is not suitable to explain "acting" to "represent",it is more definite to explain "acting" to "replace", that the relationship between person of acting construction and investor is non-proxy. It suggests that the person of acting construction as main responsibility body should be given to the status of Project Corporation. At the same time,by the comparative analysis between acting construction system and engineering project management,acting construction system and general contract,it obtains that acting construction system is one kind of distinguished special construction way with the nature both project management and general contract.Under acting construction system, the process of construction has been changed, which causes the new risk in the implementation process. This article uses the method of flow chart to recognize project risk according to the characteristic of project risk. The article further summarized the the principle of risk assignment, and then assign the project risk. It also has pointed out the the main risk undertaken by each person. The article has designed a contract and concluded the main responsibilities undertaken by each partner,solved the problem of measurement for administrative cost which contains three parts:the overhead charge,the surplus reward part,the monetary award with the risk, and further proposed the method to determ the monetary award with the risk.