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2024-06-01来源:编辑
  〔摘要〕
  (abstract )
  建设工程施工合同是建设工程的主要合同,是工程建设质量控制、进度控制、投资控制的主要依据。在市场经济条件下,承发包双方的权利义务关系主要是通过合同来确定的,建筑市场实行的是先定价后成交的期货交易,其远期交割的特性决定了建筑行业的高风险性。同时,建筑工程具有规模大、工期长、材料设备消耗大、产品固定、施工生产流动性强、受自然和社会环境因素影响大等特点。由于目前建筑市场处于买方市场的情况下,承发包交易中过度向发包人倾斜,承包人处于不利地位,承担过多的风险,已严重制约施工企业的发展,因此,尽可能有效地防范和控制施工合同的风险是每个施工企业面临的问题。
  builds the engineering construction contract is the contract building the project main part , is engineering construction mass under the control of , progress control , the basis investing in main part controlling. Under market economy condition, holding the right duty relation issuing contract of both sides is by the fact that the contract comes to ascertain that mainly , that construction market puts into effect is the futures business closing a deal , the person after fixing a price first forward the characteristic property completing a business transaction has decided the risk building the industry height. At the same time , construction works are had scale is big , the time limit for a project is long, material equipment consumption is big , the product is fixed , the flowability being under construction giving birth to a child is strong , the environmental factor is affected by natural sum society to wait for a characteristic greatly. Be indebted to contract-issuing for tilting excessively in business to issuing contract of person , contract person being at a disadvantage , bear more than the correct or required number risk under the condition being in long market since building a marketplace at present,restricting development of construction enterprises , keeping watch and controlling contract risk being under construction therefore , as far as possible effectively already gravely is problem facing every construction enterprises.
  〔关键词〕施工 项目合同 风险
  ( keyword ) construction project contract risk

Construction Contract for building projects in the main contract is the construction quality control, progress control, investment control, the main basis. In a market economy conditions, bearing the relationship between rights and obligations of contracting parties is mainly determined by contract, the construction market practice is that after the first turnover of the futures price, which determines the characteristics of long-term delivery of high-risk nature of the construction industry. Meanwhile, the construction of a large scale, long duration, materials, equipment, large consumption, the product fixed, the construction of production liquidity, by natural and social environmental factors affecting the characteristics. As the current construction market is a buyer's market circumstances, the commitments contracted contracting transactions were too tilted to the contractor at a disadvantage, take excessive risks, has severely constrained the development of construction enterprises, so as to effectively prevent and control the The risk is that each construction contract of construction enterprises are facing problems.
Key Words construction project contract risk

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