Analysis Of Contractual Risk Factors For General Construction Contracting Performance In Construction Projects

With China’s rapid socio-economic development,construction companies are facing more opportunities for growth than ever before,and at the same time,judicial issues have arisen in relation to various forms of construction contracts.As construction contract litigation is a frequent form of litigation in China’s judicial practice,the amount of money involved,the number of subjects involved in the contract,the long execution period,the specificity of the contract,the cumbersome signing procedures,etc.,in order to effectively avoid the judicial risk of construction contracts,in addition to a solid theoretical knowledge of law,but also need to have a lot of legal practice.As a result of the construction project parties to the construction process in the performance of the contract risk prevention awareness is relatively weak,resulting in the construction contract from the conclusion to the implementation are facing a lot of risk factors.Thus,it seems that how to prevent the occurrence of potential contract risks and control the huge losses that may be caused by contract risk factors has become a topic that the relevant parties in the construction project need to focus on and discuss.Firstly,the theoretical basis and related concepts.This chapter elaborates on the contract theory,construction project risk management theory and the foundation of construction general contracting model,so as to lay the theoretical foundation for the research in the latter part.Secondly,identification and analysis of contractual risk factors.This paper extracts the relevant factors of contract risk from relevant cases of adjudication,then extracts risk factors to supplement the risk identification list mainly based on relevant literature identification method,determines the list table of legal risk factors and identifies them conceptually,and then identifies key risk factors by ABC classification method.On this basis,the risk factors were classified into four categories: those caused by the owner,those caused by the contractor,those caused by both parties,and those not attributable to both parties.The legal risk evaluation is then based on the AHP method and the fuzzy integrated evaluation method.This section builds on the identification of factors in the previous section by creating a model using the hierarchical analysis method(AHP)to quantify the risk factors for analysis,and then calculating the risk probability rating using the fuzzy comprehensive evaluation method.Finally,a case study.In this section,a real-life classic case will be selected to evaluate the project contract risk factors qualitatively and quantitatively using the fuzzy integrated evaluation method based on information such as the project profile and the risk taking preferences of both parties.Management advice on the avoidance of relevant also-ran risk factors and related risk protection measures will be proposed.