A Research Of Contract Clauses Of Engineering Disruption Events

Modern large-scale construction projects have high technical requirements, complex environment, long construction period, many uncertain factors. For the responsibility assignment in engineering disturbance events, valuation standard is the focus of attention of contract parties. These disturbance events occur frequently, will delay the time limit for a project, to bring the loss effect of contract parties, to hinder achieving the goal of constructions. If the contracting parties have not make clauses related to constructions disturbance event, or clauses are entered with defects or unfairly, they will lead to disputes, and even cause a delay for a long time claim disputes, consuming a lot of manpower, material resources. Fair, reasonable clauses related to constructions disturbance event, provide a legal basis to, valuation and to the behavior of normative both sides, which are conducive to the smooth realization of the goal of construction. However, the depth of research of domestic scholars on engineering disturbance events clauses is not deeper than western countries. Fairness. integrity, reasonability of clauses in< demonstration text of construction contract> and<standard construction bidding documents> are to be hammered out. domestic contract clauses and related research is not enough to fully and efficiently guide the contract parties treatment engineering interference problem. Using a combination of qualitative and quantitative, combining theory with practice, summarized research methods, introduction of contract law. institutional economics, risk management, cost control theory. Drawing on a wide range of foreign JCT. ICE, FIDIC relative clauses in the contract, the adoption of foreign scholar of the classical theory, combining with the situation of our country and the clauses of the contract, on the improvement and perfection of project of disturbance events related in clauses of rationalization proposals, contracts for both a fair, scientific processing engineering disturbance events provided legal basis, reduce contracting the dispute and the opposition, to ensure the smooth sides of the contract, on the order of normative construction market has played a certain role in promoting. First elaborated the connotation and classification of engineering disturbance events, with the loss of efficiency of this new perspective, analysis of quantitative engineering disturbance events incurred loss, is introduced to calculate the loss amount of new calculation method (measured mile). analyzes the efficiency loss of inducing factor. Then, on engineering disturbance events related to the contract law theory and system economics theory are introduced in this paper, according to the above theory, study the actual engineering contract management problems, put forward the principle of compensation for the loss of six. on the compensation type is defined. Finally, based on the principle of compensation, the foreign JCT. FIDIC contract clauses and foreign scholars, make additions and improvement suggestions to the clauses of variations and force majeure in<standard construction bidding documents>.There is innovation in the paper that using work efficiency loss to measure engineering disturbance events brought, to analysis costs, using the universal application of the scientific computing tools (measured mile) to calculate disturbance events brought costs. To extract 16 incentives of the efficiency loss, contracts for both demonstrated disturbance loss provide sufficient theoretical basis. It presents 6 principles for loss compensation, in which not profit principle to repair the breach losses shall not profit, have certain innovation; compensation benefits principle points out. because the engineering disturbance events occur, affecting the contractor anticipates profit, the contractor shall obtain the compensation, the principle consider the contractor expected benefits as a whole. safeguard the legitimate interests of the contractor:relevance principle stresses the systematic identification of Engineering interference scope and influence depth, on the volume and price relationship, the association between the items, the management fee and son of the association between, but we should not be limited to the interference event itself and the engineering bill of quantity. Finally it proposes recommendations to improvement the clauses of valuation and the force majeure. which has practical significance.