| Due to price fluctuation widespread in the construction market, this will lead to theproject cost increased. The actual project cost will beyond contracting parties which has beenagreed in the contract when such a situation occurs. So contract price dispute will happen.Part of the owners set in the contract clauses such as "the contractor bear all risks and requirenothing about adjusting the contract price as the price fluctuations". So the contractor cannotput forward the request for price adjustment to the owner once the price fluctuation occurs, inaccordance to the stipulations of the contract. The legitimacy of this behavior has always beencontroversial, and leads to many disputes.Although part of the contracting parties agree adjust the contracting price as pricefluctuation in the terms of the contract, but the specific adjustment range and methods isincomplete. The contracting parties often have no basis to go when treating with the priceadjustment problems as the price fluctuation in the process of the construction. So there willbe more disputes if opinions can’t be agreed.By studying the literature of the previous scholars about the construction project priceadjustment problems as the price fluctuation, we found that many scholars point out that theprice shall be adjusted when the scope of price fluctuations beyond the risks scope. But it iscontroversial if it must be agreed to the price fluctuation amplitude and scope in the contractand the conflict solution of the contract with the relevant provisions.This article analyzes the legal basis of contract price risk allocation from the angle of thelegitimacy on the infinite risk. It proves that the risk of unlimited inefficiencies of theagreement through the literature research, which means that the contract is invalid conflictwith the Code of Valuation with Bill Quantity of Construction Works of2013, which isproved that the legal is necessity of price risk allocation, and sufficient legal basis has beenfound for the prices risk allocation appropriately.After determined the necessity of the prices risk allocation, this paper make a furtherstudy of the scope of price risk allocation, for not all the price risk need to be shared in theperspective of practical operability. Mainly from the Code of Valuation with Bill Quantity ofConstruction Works of2013version and the specific provisions of provinces and cities, themethod for determining the range of price risk allocation is divided into three categories tostudy on the scope of price change risk allocation. The main process is how to determine thereasonable price risk allocation scope in the relevant provisions by using FD method andActivity Based Classification.According to the price fluctuation and the necessity of application objects of riskallocation, this paper makes a further determination of the proportion model of the price riskallocation. The determination of the proportion is mainly a quantitative process of riskallocation. This paper assumes the basic premise of price risk allocation by determining thebasic principles of risk allocation, and give out the revenue function of the contracting partiesin the premise based on the mechanism of risk incentive, the optimal solution of the function is obtained by using the mathematical method, that is the optimal allocation proportion of theprice fluctuation risk allocation. Due to the difference of optimal income and the optimalvalue of total revenue between the contracting parties, this article balance it through theintroduction of the incentive mechanism, to make the contractor accept the optimal allocationmodel of allocation proportion under the condition of reasonable incentive. Finally, make anumerical example, and determine the actual points of the project by the Euclidean distanceformula based on expert scoring, and on the basis of local average. The optimal allocationproportion of the project risk of price fluctuation and the improvement measures of therisk-benefit are obtained. |
PDF Full Text Request