Study On Unfairness Analysis And Coping Strategies Of Thermal Power Troject Construction Contract

In recent years,the thermal power construction enterprises are facing an industry-wide loss.The serious unfairness of construction contract is one of the most important reasons leading to the loss.Many thermal power construction contracts are unfair currently.This is obvious in the contract form i.e.risk rationing.Under this contract,contract providers transferred all the risks,which can not be predicted reasonably,and beyond the contractors' ability,or should be bared by the contract providers,to contractors through the bidding process.At the meantime,the contract providers imposed too much responsibility on the contractors and reduced the obligations of them.On the one hand,this unfairness caused a loss of contractors;on the other hand the employers may suffer a serious loss because of project tardiness.The lack of correct guidance and supervision is the main reason of serious unfairness of contract,which is caused by the imbalance of income and outcome.This paper took a typical thermal power construction general contracting project as an example,on this basis summarized and analyzed the seriously unfair terms of contracts in detail.The unfairness of contract mainly reflected in the risk rationing which includes all the risk caused by project tardiness,unqualified basic geological conditions,serious excess of project amount and design standards,fluctuations of Artificial material price,etc..The risk rationing without limitation are contrary to the ideas of the Bill of Quantities,meantime causes a serious loss to contractors.In order to decrease contractors' losses because of the unfair terms,I proposed that a fair environment for contracts should be built.Combined with the FIDIC contract,several construction contracts and standard bidding documents,some coping strategies are put forward as follow:risk assessment of project bidding should be reinforced;tunable contract price should be promoted;Bill of Quantities mode should be adopted;the rights and obligations of the contracting parties should be balanced;and so on.Besides,in order to make all the coping strategies into action,the industry association should give a correct guide,and the local administrative construction department should strengthen supervision.Only in this way,can the fairness of construction contract be protected and the healthy development of this industry be promoted.