Research On Dynamic Compensation Mechanism And Realization Of Re-measurement Upon State Of Contract

Currently, the disputes on re-measurement and payment of the project cost between theemployers and contractors in the projects, thus reducing the performance management level ofthe projects. Such situation can be caused by the interference factors in the contract executionprocess, which can break the balance of the original state when the contract is signed but theemployers cannot implement the effective compensation for the contract change state of thecontractor. It is shown from the research that in the unit price contract for the valuationmodels of the bill of quantities, the employer can carry out the compensation to the state ofthe contract through the bill of quantities at any time, which is the dynamic compensation.However, there are two issues that cannot be solved. It includes the modes of execution andthe legal establishment conditions in which the bill of qualities can be taken as thecompensation for the state of the contract. Therefore it is required that the dynamiccompensation mechanism that the bill of quantities can have to the contract state and theexpressions in which bill of quantities on excavation can be taken as the compensation modefor the state of change. At the same time, the legal procedures for establishing the bill ofquantities shall be standardized. This article mainly includes two contents as follows:Firstly, the dynamic compensation mechanism that the bill of quantities can have to thecontract state shall be explored based on the theory on the state compensation. In this article,three types of contract state changes based on the bill of quantities shall be identified throughtextual analysis, namely type of project change, type of deviation on bill of quantities andtype of item lack on bill of quantities. Based on this, analysis is made on the dynamiccompensation mechanism that the bill of quantities can have to the contract state according tothe change type of the contract state of the bill of quantities, finally the quantitative valueadjusted by the contract price based on the change type of the three contract state based on thebill of quantities.Secondly, perspective of the based on the presumption on the legal fact, analysis is madeon the implementation problem on the dynamic compensation that the bill of quantities canhave to the contract state change through the legal concept such as introduction on theobjective facts and legal facts. There are complex interactive relation between the objectivefacts and legal facts. The consistency between the objective and legal facts shall beguaranteed through the certain path. In review of this, the reasoning deduction method is usedto convert the objective facts to be the directory application of the legal facts, which is furtherused to pay the bill of quantities and analyze the construction elements and construction pathin the payment of bill of quantities. At the same time,07“Standard Tender Document forConstruction”,99“FIDIC Conditions of Contract for Construction” and Code of bills ofquantities and valuation for construction works（GB50500-2013）is taken as the subject, the author has carry out the implementation research on the legal fact construction and identifythe construction path on the legal fact in the payment of the bill of quantities. It is shownform the research that the legal facts in the payment of the bill of the quantities shall met thelegal procedures and the assertion can be made on the objective facts according to theevidence rules.In conclusion, this article, based on the perspective of the state compensation, thedynamic compensation mechanism that the bill of quantities can have to the contract state isrevealed and the implementation problem on the dynamic compensation that the bill ofquantities can have to the contract state can be solved so as to provide the new though t forthe payment of the bill of quantities thus the payment behavior can be standardized, reducingthe settlement disputed on the payment.