Research On Legal Risk Management Of Construction Contract Of Highway Construction Enterprises

Since the beginning of this century,China’s politics,economy,and culture have shown a diversified and international trend.In the process of continuous integration with foreign countries,Chinese companies have begun to show their prominence in the world.The complex and diversified domestic and foreign environment,as well as the restriction factors from the enterprise itself,become a restriction to the development of enterprises.The contract legal risk management related to the enterprise has become an important element.Highway construction projects are characterized by large target amount,numerous subjects involved,long construction time,large consumption of materials and equipment,extensive fields involved,and constraints of natural and environmental influences,etc.In a market with many participants and multiple relationships,the rights and responsibilities of the employer and the contractor are not equal in the market transactions,and the construction contractor is in an obvious weak and disadvantaged position in the market transactions,at the same time,the construction contract is a construction project contract in nature,with the characteristics of special subject matter,long contract performance cycle,complex contract relationship and content,These factors greatly increase the risks of Highway construction enterprises.In our country,Highway construction enterprises for the project construction contract legal risk prevention awareness is relatively weak,the legal risks in the process of conclusion of contracts to the engineering project settlement lack of corresponding preventive control mechanism,for the construction enterprise,the improper control of legal risk bring losses to the enterprise can be found everywhere,enterprises rely on legal means to solve the legal disputes time consuming power.So the Highway construction enterprises can establish conforms to their own characteristics,the legal risks that could satisfy the requirement of project construction management system concerning the survival and development of the enterprise.This paper analyzes the legal risk management,the theoretical research of construction project construction contract and the present situation of construction contract management in Highway construction enterprises,find out the legal risk points and causes of construction contracts of Highway construction enterprises.On the other hand,combines contract management and risk management,try to explore the contract legal risk’s response system measures of Highway construction enterprises.After defining the legal risk types of construction contracts and classifying the risk influencing factors,through the Fuzzy comprehensive evaluation method to identify and evaluate the legal risks of construction contracts of Highway construction enterprises,combined with the enterprise project construction management process,the paper puts forward reasonable suggestions on how to operate the system,and tries to help the Highway construction enterprises effectively deal with the legal risks of the construction contracts.