Research On Contract Clauses Design Of Construction Project From Contractual Flexibility Perspective

Due to the high uncertainty of large-scale complex project, many risk factors cannot be fully predicted in contract, and this will lead to disputes event between employers and contractors when new changes. Therefore, it is necessary for contract clauses designing to take the adaptability of the uncertainty into account in the contract execution phase. Based on this, the flexibility thought has been introduced into the construction project contractual governance, which emphasizing contractual flexibility as a strategy tool to dealing with the risk uncertainty for parties and improving project management performance. However, the key to decide a construction project contract having the flexibility is whether the contract has set up flexible terms, which can leave later governance space for state compensation. In view of this, this article clarifies the key problems such as flexible elements injecting into contract clauses and contractual flexible status, in order to induce the design principle of contractual flexible terms. This paper mainly includes the following several aspects.Firstly, according to the related literature of contract management, this paper divides contract clauses into rigid terms and flexible terms on the basis of the function of the terms. Aiming at this problem, this paper adopts the qualitative study method, analyses the contract terms of the selected cases, and extracts seven core elements of contractual flexible terms, mainly concentrating on three dimensions, namely the right dimensions, the relationship dimension and dispute settlement dimension. On this basis, the framework on core elements of contractual flexible terms is initially formed.Secondly, based on the literature research, this paper establishes the mapping relationship of contract valuation type and contractual flexible status. On this basis, this paper adopts the comparative analysis method, qualitatively analyses the contracts forms of different flexible status, and builds a descriptive index model of contractual flexible status. Thus, concluding the design principle of contract terms under different flexible status and providing suggestions for contract clauses designing.