The Prevention And Controlling Of The Final Payment Dispute In The Dbb Model On The Owner's Perspective

Final payment is directly related to the construction unit of investment efficiency and economic benefits of contraction units, especially in the DBB model, the owner, supervision engineer and contractor form a "triangular form" of construction contract management relations, every side has different needs for the project, which resulting to the relations of co-operation and the conflict of interest simultaneously exist between the owner and the contraction, which is reflected in the construction contract formation and performance at all stages. The paper starts with the different interesting of demand between owner and the contractor as the research starting point, analyzing the completion settlement risk factors on the every stage of the project, taking the risk-sharing as the core ideology to set up the management measures of prevention and controlling the final payment dispute.1. Define the research questions. Through literature research method to analyze the final payment risk factors at various stages of the project, Comparison of the attribution of responsibility and resolve the difficulty of every risk factor, determine the unbalance bidding,concurrent delay,risk-sharing and settlement examination as the paper research points.2. The generation mechanism of final payment dispute. At the tender stage, the non-cooperative between the owner and the contractor brought adverse selection to the owner, the largest risk is unbalance bidding. At the contract signing stage, the incompleteness of contractual terms and risk-sharing unreasonable, causing a negative impact on the relationship between the owner and the contractor, and is not conducive to completion of settlement of the dispute settlement. During the construction phase, the owner faces cooperative game and moral hazard from contractor, the contractor's unbalanced bidding strategy reflects the role of raising revenue at this stage, the owner's failure,delay in fulfilling its obligations and so on,bring a claim opportunity to the contractor, in particular, the concurrent delay events are most difficult to deal with the settlement dispute. At completion stage, the owner faces the moral hazard of the contractor which will fraud the true final payment.3. Research design. Analyzing the risk-sharing features of Unit Price Contract text commonly used in home and abroad, and based on risk-sharing theory, setting the principle of risk-sharing of the《The standard of construction tender documents》4. Research content. Including the controlling of unbalanced pricing, risk-sharing at the contract signing stage, how to deal with the concurrent delay, and the prevention of contractor fraud at the completion stage.