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在目前我国的经济环境下,工程建设市场的竞争愈来愈激烈,尤其在招投标的体制下,承包人完全通过投标竞争的方式去获取市场。而我国的工程建设项目以买方作为主导,发包人为了规避自身的风险,通常在招投标阶段,通过合同条款将大部分的风险转嫁给承包人,而承包人为了获得承包工程的资格,选择无视发包人转嫁的风险。在这种情况下,承包人履约的风险很高,通常在项目实施到一定阶段的时候,承包人已经无力履约,给项目管理带来严重的影响。因此,工程建设项目合同风险合理分配,是工程建设项目顺利实施的关键。
Under the current economic environment in our country, the competition in the construction market is getting more and more fierce. Especially under the system of bidding and tendering, the contractor obtains the market completely through the bidding competition. In our country, the construction project is dominated by the buyer. In order to avoid its own risk, the contractor usually passes most of the risk to the contractor through the terms of the contract during the bid invitation and bidding process. The contractor, in order to obtain the qualifications of the contracting project, chooses to ignore The risk of the transfer of the transferee. Under such circumstances, the risk of performance of the contractor is very high. Usually, when the project is implemented to a certain stage, the contractor has been unable to perform the contract and has a serious impact on the project management. Therefore, the reasonable allocation of construction project contract risk is the key to the smooth implementation of construction projects.