Research On Measurement And Compensation Of Contract Incompleteness Under Standard Construction Bidding Document (2007Version)

This article introduces the incomplete contract theory to the analysis of contractmanagement process, for improving the present situation of contract management levelswhich don't meet the construction industry thrive. This article does a systems analysis on thecontract incompleteness during the Signing and the implementation process of theengineering contract; try to achieve systematical and dynamic management on engineeringcontract through measurement and compensation of Contract Incompleteness, and improvethe performance of contract execution, guarantee the smooth progress of the projectconstruction.Firstly, this article analysis production and development process of incomplete contractand its application status in different areas, especially analysis the application of incompletecontract theory in the field of engineering construction contract. This article analysis thedouble role of contractual incompleteness between to promote the contract reached with highefficiency and to be the constitute elements of contract risk, then analysis the research statusof relevant contracts model's contractual incompleteness on the basis of summing up theexisting research three types of research about engineering contract incompleteness, and thenidentify the key issues of this article, Research on Contract Incompleteness's Measurementand Compensation under Standard Construction Bidding Document (2007version), alsodetermine the research and technical line of this article through research design.Secondly, this article determine the analysis frame of the general terms of the contractunder Standard Document on the basis of research on the current general terms analysis of thecontract framework under model contracts, on this basis, put the common contract disputematters as adjusting basis, determined the metric of contract incompleteness under StandardDocument. This article does a further analysis of contracts incomplete metric throughquestionnaire survey; determine the index weights, possible causes and the usually state ofcompleteness of measures indicator's incompleteness; then does a measurement analysis ofincomplete contracts under Standard Document through measuring potential losses ofcompleteness as the basis.Finally, this article does a system analysis for the environment of present contractmanagement and the relate behavior during the contract implementation process, and thenbuild the compensation mechanism of construction contract incompleteness, systematicallyanalysis the compensation process of project contract incompleteness in three areas:contractual incompleteness compensation from the environment of contract management,contractual incompleteness compensation from specific project contract, contractualincompleteness compensation from project data accumulation. In the compensation analysisof specific project contract incompleteness, the result of contract incompleteness's measurement is the basic output, specific project situations and social capital volume of theregion and parties to the contract are the fundamental basis. Then this article determines theinitial compensation package and the contract management plan, realize dynamicmanagement to contractual incompleteness during implementation process of the contract.This article provides a new perspective of contract incomplete analysis for contractmanagement during the Signing and the implementation process of the engineering contract,make the attempt for the enrichment the application of incomplete contract theory inengineering construction field, provide a positive reference to improve contract managementstaff performance for contract management staff and to reduce the incidence of contractdisputes.