Key Factors Research On Final Account Dispute Of Construction Contract Of China′s Real Estate Development Project

In recent years,with the continuous development of China’s construction industry and real estate development industry,the output value of the construction industry has steadily increased,and the investment growth rate of the real estate development industry has been stable.However,at the same time as the development of the construction industry,the number of disputes over construction contract construction has also increased,and a large number of construction contract disputes are closely related to the disputes over the final account at completion The current research on disputes on final account dispute of construction contract of China′s Real Estate development project focuses on the influencing factors and pre-control measures that lead to disputes.However,the present situation on final account dispute of construction contract of China′s Real Estate development project,the identification of influencing factors by multiple methods,the analysis of key influencing factors,and the analysis of the logical structure between the factors are insufficient.Based on this,the research contents of this article are as follows:First,analyze the present situation and prominent issues on final account dispute of construction contract of China′s Real Estate development project.Based on the analysis of 444 judgments of construction general contract disputes of Real Estate development project.,From the perspective of the judge,the present situation is sorted out from the aspects of dispute amount,trial period and trial results.Then,conclude the characteristics,types of disputes,Outstanding issue.Its problems are manifested in: a large proportion of invalid contracts,frequent breaches of contract,strong chain reactions of invalid contracts,difficulty in determining the payment of arrears in projects,and long dispute resolution time.Secondly,comprehensively identify the influencing factors leading to final account dispute of construction contract of China′s Real Estate development project Multiple case studies,literature studies,and expert interviews were used to initially identify 26 influencing factors.In order to further ensure the appropriateness of the factors,a questionnaire was sent to the relevant personnel of the housing project settlement,and 25 influencing factors were screened according to the degree of influence.Then,study the key influencing factors and the logical structure between the factors.Firstly,the mutual influence degree of factors was evaluated,and then the DEMATEL method was used to comprehensively analyze the four indicators of "influence degree","affected degree","centrality" and "cause degree" of 25 factors,at last 10 key influencing factors were obtained.Because the DEMATEL method cannot describe the logical relationship between factors,the ISM method is used to output the hierarchical structure of the factors.In the end,the key influencing factors and their structural positions are integrated,and the key influencing factors are defined into three types of roles: 1)direct factors: the occurrence of comprehensive engineering claims during the settlement,and the weak willingness of the two parties to cooperate in settlement;2)the linking factors:Complete construction process and settlement information,inadequate system for the payment and collection of project progress payments between the contracting and contracting parties,inadequate management of project changes and on-site visa systems,incomplete and unfair contract terms related to settlement,and project overdue Completed;3)Fundamental factors: the contractor’s strict settlement management system,flaws in the design documents provided by the contractor,insufficient contract management capabilities of the employees,and weak contract management awareness.Finally,based on the research results of key factors,a seven-in-one solution is proposed to improve the ability of contract managers and improve the system.Including:improving the capabilities of contract managers,establishing effective technical review control,conducting relevant contract clause reviews,implementing effective progress control measures,establishing a three-phase control engineering instruction system,improving the process payment system,and implementing the foundation for deadline settlement control Establish operational guidelines for management of internal data.With the continuous development of China’s construction industry and real estate industry,the output value of the construction industry has achieved leaping growth,and the investment growth rate of the real estate development industry has gradually increased.However,the development of the construction industry has also caused a continuous increase in the number of construction contract disputes,and a large number of construction contract disputes have been settled around the completion of the project.