The Research And Application Of Judicial Expertise For The Theory Of Construction Cost

With the rapid development of the construction industry, and the complexity, variability and severity of the construction project, the construction contract disputes of the project increase continuously, especially the disputes relating to the engineering cost occupy a larger proportion. So judicial expertise of construction cost often faces problems in the trial of construction project disputes. The expert conclusion is important for conciliation, judgment or adjudication, which affects the cases directly. However, current regulations on judicial expertise are forensic identification and document examination. And regulation of construction cost is very different from it because of its unique characteristics. Until now, the researches on judicial expertise of construction cost are only in the beginning stages. That makes the situation of no law to obey and no regulation to follow exists, so the experts are more likely to use their experience in the identification.Furthermore, the two sides are drove by interests, so they will hide the evidence which benefits the other side, and submits the evidence which benefits themselves. Then, the identification is deadlocked. So how the expert should do to distinguish the evidence? To solve this problem, the thesis introduces a game model for claims to help the expert analyze the act of two parties. So the expert can do the identification more productive.(1) The thesis first described the concept of judicial expertise of construction cost and analyzed the characteristics of it. According to the reasons for its classification, it described the methods of each classified judicial expertise of construction cost and listed the identification that can adopt in the process and methods of valuation. It analyzed the problems that easily occurred in the procedure and practice of judicial expertise of construction cost.(2) The finite alternating-offer bargaining game model is established, and revised by the Bayesian rule. It makes the expert can analyze the game between the owner and the contractor. In addition, make the results more closely to reality.(3) Through the application of the Bayesian theorem model for claims in the definite case, the thesis analyzed how the game of both owner and contractor influenced the identification report. Additionally, discussed what the expert should do for these impacts. It will produce a dispute when the retention values of both sides are varying widely. Expert should deal with the dispute carefully, and make an appraisal based on the real situation by the contract and valuation principle. The impact of the game on both sides to an appraisal should be avoided.(4) Based on theoretical analysis and model discussion in judicial expertise of construction cost both at home and abroad, the thesis proposes the corresponding solutions to the problems encountered in the application and practice. It also explains the generally believed low-efficiency of identification, and a solve method is suggested. Through the analysis of the game between owner and contractor, the thesis puts forward five principles should be followed in the identification process: assuming the evidence materials is real, assuming the engineering quality is qualified, don’t do judgement on the effectiveness of the contract agreement, making an appraisal according to the contract, adopting the principle of independent, fair and the avoidance.