Research On State Compensation Of Construction Contract Under The Condition Of Unit Rate Contract

The construction contract has the character of natural incomplete according to the theory of bounded rationality, and the construction contract also has the characteristic that the cycle of performance is long. So in construction contracts, cannot fully anticipate the all risk events may encounter during the period of construction in the future. The risk events happen maybe changes the state of the construction contract, thereby breaking the initial balance of rights and obligations of the construction contract. The employer and the contractor produce the behavior of moral hazard taking the advantage of their own information if the state of imbalance can not get effective compensation. However, even if the occurrence of the behavior of moral hazard, the employer and the contractor entangled with each other in order to gain more interests on the principle of self-interest maximization. Cnsequently, it make the negative attitude of cooperation, hinder the smooth implementation of the project, reduce the efficiency for the implementation of the contract. For this purpose, a complete, reasonable, fair and open compensation mechanism is particularly necessary. The construction contract can quickly achieve a new balance through compensation, when the state of the construction contract changes, so keeping the target of the employer and the contractor can maintain consistency with project goals, in order to improve the efficiency of the contract.The employer and the contractor produce dispute because the responsibility and obligation of the contract is not clear in the process of implementation of construction contract. At the same time, the root cause of the dispute is the cognizance of liability and compensation approach when the risk events which is not in the contract occurs. Based on these, research take the unit price contract as the research object, from the two perspective of the state compensation of contractor contract and liability attribution, on the basis of analyzing the local flexible of unit price contract, taking the cause of the change of state in construction contract, the principle of compensation and the path of compensation as the main line through induction and summary of the existing research results. The research studys the state compensation of the construction contract from the two aspects of risk events of construction contract and risk events not in the construction contract. The content mainly includes two aspects:Firstly, the research study the cause of the change of state of construction contract and compensation basis on the basis of literature research. The research identifies the cause that lead to the change of the state of construction contract through text analysis, interview and case study. Then building the mapping relation matrix both the behavior of the employer and the contractor and risk events on the basis of the analysis of responsibility and rights and their relation, through the analysis of both contract behavior and the review research in the theory of attribution of responsibility, from the view of attribution of responsibility, so providing the basis of the duty allocation of the risk events in the contract; The research tease out controllability and the internal and external two indicators that describe the responsibility of the risk events that are not in the construction contract, as as to lay the foundation of the responsibility of the risk events that are not in the construction contract.Secondly, the research the principle and path of state compensation of construction contract from the angle of compensation compensation in the contractor. The research finds out the risk events may cause the state change of construction contract is compensable through identifying the cause of the change of state of construction contract, then research the principle of compensation and compensation path from the two aspects of the risk events in the construction contract and the risk events that are not in the construction contract. It is concluded that the compensation mechanism of self fulfilling and the third party to performing compensate the risk events in the construction contract through literature study and theory deduction, and implement the compensation through the variation order and the adjustment in contract sum appointing in the contract; The compensation of the risk events that are not in the contract realizes negotiation mechanism, and take the claims, the negotiations based on the trading habits and the arbitration and litigation referring change of circumstances as the main way to realize the compensation.The research improves the compensation basis and compensation principle of state of the construction contract, and the division of responsibility provides ample basis for the state compensation of contract, to avoid the dispute between the employer and the contractor. The research of compensation principle make up for inadequate research that the risk events not in the contract, and put forward the key compensation principles including change of circumstances and trading habits to solve this kind of risk events. Therefore, this paper has certain theoretical value the compensation scheme of change of construction contract, provides the basis to solve the interests contradictory between the employer and the contractor, improves the efficiency for the implementation of the contract, and provide certain guidance for the smooth implementation of the project.