单价合同结算工程量纠纷的处理原则研究
发布时间：2019-02-25 18:12
【摘要】：建设工程结算纠纷降低了建设工程合同的履行效率。建筑市场新的法律法规环境致力于完善建设工程价款结算办法,加强建设工程施工过程管理,实施过程结算。然而业主、承包商、工程造价咨询单位对工程结算内容、工程结算办法理解不一,对工程结算各执一词,过程结算仍处于纸上谈兵的状态。究其原因,在于受定额计价体制的影响,目前建设工程结算已形成定额计价体制下竣工图重算加增减帐法的依赖,建设工程各参与主体对单价合同重新计量的本质缺乏认识,难以达成对有效结算工程量的形成过程及确定方式的共识。虽然建设工程结算纠纷相关研究汗牛充栋,但尚缺乏与工程量清单计价模式下单价合同结算工程量纠纷的解决相匹配的理论性原则指导。本文遵循现实问题来源于建设工程实践,用理论分析得到解决方案,再回到工程实践中进行验证的研究思路,具体研究过程如下:首先,对单价合同重新计量的本质进行分析,引入合同状态理论、不完全合同理论及该理论下的GHM模型,探索以重新计量为核心实现过程结算的机理。文本通过的分析及归纳确定单价合同实质上是一种依靠重新计量对合同状态变化进行动态补偿的合同,满足单价合同状态变化动态补偿的需求,实现合同状态与合同价格的动态平衡。其次,基于法律视角下法律事实与客观事实相一致的法律纠纷处理原则,结合对比分析2013版《清单计价规范》、2013版《建设工程施工合同》、2009版《建设工程施工合同》、2007版《标准施工招标文件》、1999版FIDIC《施工合同条件》、2004版《建设工程价款结算暂行办法》、2008版《清单计价规范》确定有效结算工程量确定的程序和证据要件。并在此基础上,建立了单价合同以重新计量为核心的过程结算GHM模型。最后,本文通过合同状态补偿途径的缺失解释了单价合同结算纠纷的产生机理,在结算纠纷处理一贯性原则研究的基础上,提出了与工程量清单计价模式下单价合同结算工程量纠纷解决相匹配的从量支付原则,并用工程实践案例加以验证。综上,本文引入经济学及法学的概念及理论对单价合同重新计量的本质、过程结算的现状、单价合同结算工程量纠纷处理的一般性原则进行研究,形成了以重新计量为核心的过程结算机理设计。本文的研究成果为单价合同结算工程量纠纷的处理提供了专用性的理论指导原则,并用工程实践案例验证了研究成果的可行性。
[Abstract]:The settlement dispute of construction project reduces the efficiency of performance of construction project contract. The new law and regulation environment of construction market is devoted to perfect the settlement method of construction project price, strengthen the management of construction project construction process and implement the process settlement. However, owners, contractors and engineering cost consulting units have different understandings on the contents and methods of project settlement, and the process settlement is still in the state of paper. The reason lies in the influence of the quota valuation system. At present, the construction project settlement system has formed the reliance on the method of adding and decreasing account for the recalculation of the completed drawings under the fixed valuation system, and the participants in the construction project lack the understanding of the essence of the unit price contract re-measurement. It is difficult to reach a consensus on the formation process and determination of effective settlement quantity. Although the related research on settlement dispute of construction project is full of work, there is still no theoretical principle to match the settlement of dispute in unit price contract settlement under the valuation mode of bill of quantities. This article follows the realistic problem from the construction engineering practice, uses the theoretical analysis to get the solution, then returns to the engineering practice to carry on the verification research thought, the concrete research process is as follows: first, carries on the analysis to the unit price contract re-measurement essence, This paper introduces contract state theory, incomplete contract theory and GHM model under this theory to explore the mechanism of realizing process settlement with remeasurement as the core. Through the analysis and induction, the text determines that the unit price contract is essentially a kind of contract which depends on re-measurement to compensate dynamically for the change of contract status, and meets the demand of dynamic compensation for the change of unit price contract state. To realize the dynamic balance between contract status and contract price. Secondly, based on the legal dispute resolution principle which is consistent with the legal facts and objective facts under the legal angle of view, combined with the comparative analysis of the 2013 edition of the list valuation Code, the 2013 edition of the construction contract, and the 2009 edition of the construction contract, 2007 edition "Standard Construction bidding document", 1999 edition FIDIC "Construction contract conditions", 2004 Edition "Provisional measures for settlement of Construction Project Price", 2008 Edition "list valuation Code" to determine the procedures and evidentiary elements for the determination of effective settlement project quantity. On this basis, a process settlement GHM model with remeasurement as the core of unit price contract is established. Finally, this paper explains the mechanism of the settlement dispute of unit price contract through the lack of contract state compensation approach. On the basis of the research on the consistency principle of settlement dispute handling, this paper explains the mechanism of the settlement dispute of unit price contract. This paper puts forward the principle of contingent payment matching with the settlement of disputes in unit price contract settlement under the valuation mode of bill of quantities, and validates it with a practical engineering case. In summary, this paper introduces the concepts and theories of economics and law to study the essence of unit price contract re-measurement, the present situation of process settlement, and the general principle of dispute settlement in unit price contract settlement engineering. Formed the re-measurement as the core of the process settlement mechanism design. The research results of this paper provide a specific theoretical guiding principle for the settlement of disputes in unit price contracts, and the feasibility of the research results is verified by engineering practice cases.
【学位授予单位】：天津理工大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：TU723.3
本文编号：2430405
[Abstract]:The settlement dispute of construction project reduces the efficiency of performance of construction project contract. The new law and regulation environment of construction market is devoted to perfect the settlement method of construction project price, strengthen the management of construction project construction process and implement the process settlement. However, owners, contractors and engineering cost consulting units have different understandings on the contents and methods of project settlement, and the process settlement is still in the state of paper. The reason lies in the influence of the quota valuation system. At present, the construction project settlement system has formed the reliance on the method of adding and decreasing account for the recalculation of the completed drawings under the fixed valuation system, and the participants in the construction project lack the understanding of the essence of the unit price contract re-measurement. It is difficult to reach a consensus on the formation process and determination of effective settlement quantity. Although the related research on settlement dispute of construction project is full of work, there is still no theoretical principle to match the settlement of dispute in unit price contract settlement under the valuation mode of bill of quantities. This article follows the realistic problem from the construction engineering practice, uses the theoretical analysis to get the solution, then returns to the engineering practice to carry on the verification research thought, the concrete research process is as follows: first, carries on the analysis to the unit price contract re-measurement essence, This paper introduces contract state theory, incomplete contract theory and GHM model under this theory to explore the mechanism of realizing process settlement with remeasurement as the core. Through the analysis and induction, the text determines that the unit price contract is essentially a kind of contract which depends on re-measurement to compensate dynamically for the change of contract status, and meets the demand of dynamic compensation for the change of unit price contract state. To realize the dynamic balance between contract status and contract price. Secondly, based on the legal dispute resolution principle which is consistent with the legal facts and objective facts under the legal angle of view, combined with the comparative analysis of the 2013 edition of the list valuation Code, the 2013 edition of the construction contract, and the 2009 edition of the construction contract, 2007 edition "Standard Construction bidding document", 1999 edition FIDIC "Construction contract conditions", 2004 Edition "Provisional measures for settlement of Construction Project Price", 2008 Edition "list valuation Code" to determine the procedures and evidentiary elements for the determination of effective settlement project quantity. On this basis, a process settlement GHM model with remeasurement as the core of unit price contract is established. Finally, this paper explains the mechanism of the settlement dispute of unit price contract through the lack of contract state compensation approach. On the basis of the research on the consistency principle of settlement dispute handling, this paper explains the mechanism of the settlement dispute of unit price contract. This paper puts forward the principle of contingent payment matching with the settlement of disputes in unit price contract settlement under the valuation mode of bill of quantities, and validates it with a practical engineering case. In summary, this paper introduces the concepts and theories of economics and law to study the essence of unit price contract re-measurement, the present situation of process settlement, and the general principle of dispute settlement in unit price contract settlement engineering. Formed the re-measurement as the core of the process settlement mechanism design. The research results of this paper provide a specific theoretical guiding principle for the settlement of disputes in unit price contracts, and the feasibility of the research results is verified by engineering practice cases.
【学位授予单位】：天津理工大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：TU723.3
【引证文献】
相关会议论文 前2条
1 高红红;;公路施工工程计量工作探究[A];2014年4月建筑科技与管理学术交流会论文集[C];2014年
2 王德俊;;单价合同条件下投标报价的分析[A];河南省土木建筑学会2008年学术大会论文集[C];2008年
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