Risk-sharing Mechanism Model Under Imperfect Contract Conditions

Chinese economic system has gradually transformed from a planned economy to socialist market economy, the relevant laws and regulations of the construction industry have been perfected. In order to regulate the behavior in the process of contracting and to specify the rights and obligations of both sides, Chinese government has issued The Building Construction Contract (Demonstrating Version)(GF-1999-0201) in1999, which makes the rights and obligations of Contracting parties more clear. But in the process of the project implementation, imperfect contract conditions to both sides still cause different degrees of risk, to bring uncertainty for the achievement of project objectives. Therefore, the paper takes the construction contract as foothold, taking the risks raised by imperfect contract conditions as the breakthrough to establish a risk-sharing mechanism model and study how to reasonably share contract risks between the two contracting parties.First of all, the paper consults the current The Building Construction Contract (Demonstrating Version)(GF-1999-0201), analyzes the imperfect points and display forms that may appear in special clause and attachments of a contract. The present contract mode construction contract management risk has been studied seriously. We can find the reasons and inevitability; especially discuss risk of contract management under present contract mode. Secondly, the paper establishes the quantitative dynamic countermeasure theory by using optimal control, dynamic game theory and differential theory of knowledge in the higher mathematics into risk sharing control system. The risks produced of incomplete contract will be reasonably controlled and shared in the aspects of organization, technology, economy, etc. Finally, through the establishment of risk control framework system, target risk control system, risk control countermeasures of quantitative dynamic control model, the progress of works and construction quality will reach balance and coordination. The whole project target system will achieve the optimal state.The contract risks that mainly studied in the paper are produced by the imperfect contract rather than the construction project itself. The paper uses the control principle of science into construction project risk control system, and builds the countermeasures of control model of sharing risk in construct. The paper starts the research in the process of construction project risk target control, from the different interest subjects represented by the participants and participants can choose the optimal control strategy and equilibrium motions. With the aid of dynamic countermeasure theory, utilizing the differential calculus, cybernetics system, the paper builds the construction project risk target control countermeasures respectively control model. Chinese construction project construction contract management will be more standardized and perfected through studying contracting risk sharing in imperfect contract conditions.