Variation Order Flexibility Clauses Design From Contract Performance Efficiency Improvement Perspective

Variation has brought a series of negative effects,including investment out of control,extension of time and disputes between the developtor and the contractor.From the point of view of improving performance efficiency,some researchers pointed out that flexibility is a kind of ability to cope with the potential changes of the project.To the contract into a flexible and flexible response to the project implementation process of the uncertain events,control the progress of the project and engineering costs.But in practice,there is also a flexible contract decision-making difficulty.That is to say,if the contractor to adopt a flexible contract,but to allow the contractor carry out post-contract opportunistic behavior in disguise.If the contractor does not use a flexible contract,it is easy to lead to against thinking and the lack of dedicated investment between the developtor and the contractor.In view of this,this article from the point of view of efficiency of contract performance,to explore the basic conditions and design proposals for engineering change clauses under the conditions of moderate flexibility.This paper mainly includes the following research contents.Firstly,this paper uses the literature check method to deconstruct variation into variation control and variation price adjustment.This paper analysis the existing contract model and 2 two rail transit project: the Shenzhen Metro Line 5 and Beijing Metro Line,summing up the provisions of the project change control,including variation proposal,variation matter,variation price and payment time.The terms of the variation price adjustment include the proportion of the project price deviation caused by deviation of quantities,rationalize the proposed approval and the reward coefficient of the revenue sharing,and the scope of the risk package.Secondly,this paper builds a model about variation clauses how to affect performance efficiency by grounded theory.In this model,the contractor opportunism behavior stand for low efficiency of the performance,literal compliance behavior stand for middle efficiency of the performance,perfect compliance behavior stand for high efficiency of the performance.Therefore,The conclusion is that rigid design variation approval clauses can prevent the contractor to carry out opportunism behavior but literal compliance behavior or perfect compliance behavior instead and flexible design variation payment clauses can promote the contractor carry out literal compliance behavior but literal compliance behavior instead.Finally,embedded contract theory,this paper concludes three variation clause design principles including state change' clauses rigid design,state changeless' clauses flexible design,rigid clauses ensure the implement of flexible clauses.In addition,this paper concludes variation appropriate clauses design suggestions.Based on contract flexibility,this study return to variation sum and evaluate contract performance efficiency by the contractor's behavior,and systematically discusses the setting of the appropriate flexible variation clauses under the performance efficiency maximize.This is instructive to reduce variation issue and promote cooperation between the developtor and the contractor.