Research On Influential Factors And Prevention Of Price Disputes In Incomplete Construction Contracts

During the implementation of an engineering project,it is difficult for both parties to avoid various disputes and disputes.Common ones include engineering quality disputes,whether the project is overdue,and whether the payment terms of the project are successful.Among the various types of disputes,according to the statistics of the China Construction Association,disputes regarding the contract price are the most,including the payment terms for the project payment,the return of the quality guarantee,and the amount of the penalty.Secondly,the contract price has a greater impact on the project,which may lead to a series of other disputes.At the same time,its resolution is limited.Both parties to the contract often have to use litigation,which is a more costly method.From the literature point of view,there are few studies that specifically address price disputes.Generally,price disputes and other types of disputes are listed as engineering disputes,and the important position of contract price disputes is ignored.Therefore,it is meaningful to choose scientific theories and methods to conduct in-depth research on the causes of contract price disputes,and then propose to take effective measures to prevent them from resolving the problems of many disputes in the engineering industry that are difficult to deal with and improve contract performance efficiency.This article firstly conducts a theoretical analysis of contract price disputes,based on incomplete contract theory and contract status theory,explores the principles of price disputes,and considers that the variable interference factors are the potential causes of contract price disputes.Secondly,through the study of cases and literature,the 40 factors that have an impact on the contract price dispute are clarified.Then divide these factors according to the constituent elements of the contract status,and form an index system of influencing factors of contract price disputes on this basis.Then use the structural equation model analysis method to verify the index of the influencing factors,and believe that the contract factors,project factors,and environmental factors have a direct impact on the price dispute,and the degree of influence gradually decreases.The main factor of the contract indirectly affects the dispute by acting on the other three factors.Therefore,the three types of factors that have a direct impact can be observed and easily verified by third parties,and their prevention should make up for the incompleteness of the contract and improve the third-party processing mechanism.For the main body of the contract,the form of its action cannot be directly observed,and the prevention of such factors should be classified and dealt with specifically.On this basis,this article proposes to prevent price disputes from four aspects: "improving the level of contract management","improving the DAAB third-party mechanism","preventing opportunism",and "strengthening enterprise capacity building".