Research On Risk Sharing Of Gale Disaster Based On The Aia-a201 Construction Contract

Nowadays, the activity scopes and requirements of human beings themselves are enlarged with the rapid development of technicalization in modern society. More and more base installation, urban renewal, railway projects and the area are growing with each passing day. The international engineering projects are being viewed as high risk products because of its nondeterminacy of certain areas such as the organization, environment, management and technology. Besides, the social factors, political factors and natural factors also can have an effect on the projects. In the construction engineering, adverse weather conditions once happens, it will cause a huge harm because they are unpredictable, stubborn and avoidless.The construction contract serves as a basis and a supreme code of conduct for the economic activities carried out by owners and contractors. AIA document A201 general conditions of the contract for constraction is the very core of a series of standard files established by the American Institute of Architect(AIA). The study assessed AIA-A201, comparisons are made between the general terms of AIA-A201 and the construction contract model texts in China. Consequently, terms of responsibilities and risk sharing based on AIA-A201 are listed, among which the division of responsibilities is not clear regarding adverse weather conditions. This paper takes gale disaster for example and formulate the scheme of risk sharing. Three areas including Albany, Binghamton and White Plains in the state of New York are being regard as research targets. Date of the maximum wind speeds of these three cities during the recent 50 years are collected. Using Weibull distribution and probability weighted moment method fitting wind speed distribution, then using the K-S inspection on there areas of the maximum wind speed distribution model we fitting, finally, we introduce the small probability events and return period, in order to get “can not reasonably foreseeable adverse weather conditions” quantitative. This paper will serve as a guideline for both parties of a contract to divide responsibilities and also should they encounter such terms as are not clear in the division of responsibilities and also should they encounter gale disaster which is an adverse weather condition. Corresponding risk management are proposed from the perspective of the contractors. Through proposing the risk response planning by making clear boundaries of terms and conditions of A201, which owns the uncertain clause of gale disaster risk sharing, it provides reference for claim after the gale disaster occur or increase the necessary contract terms.