單價合同結(jié)算工程量糾紛的處理原則研究
發(fā)布時間：2019-02-25 18:12
【摘要】：建設(shè)工程結(jié)算糾紛降低了建設(shè)工程合同的履行效率。建筑市場新的法律法規(guī)環(huán)境致力于完善建設(shè)工程價款結(jié)算辦法,加強建設(shè)工程施工過程管理,實施過程結(jié)算。然而業(yè)主、承包商、工程造價咨詢單位對工程結(jié)算內(nèi)容、工程結(jié)算辦法理解不一,對工程結(jié)算各執(zhí)一詞,過程結(jié)算仍處于紙上談兵的狀態(tài)。究其原因,在于受定額計價體制的影響,目前建設(shè)工程結(jié)算已形成定額計價體制下竣工圖重算加增減帳法的依賴,建設(shè)工程各參與主體對單價合同重新計量的本質(zhì)缺乏認識,難以達成對有效結(jié)算工程量的形成過程及確定方式的共識。雖然建設(shè)工程結(jié)算糾紛相關(guān)研究汗牛充棟,但尚缺乏與工程量清單計價模式下單價合同結(jié)算工程量糾紛的解決相匹配的理論性原則指導(dǎo)。本文遵循現(xiàn)實問題來源于建設(shè)工程實踐,用理論分析得到解決方案,再回到工程實踐中進行驗證的研究思路,具體研究過程如下:首先,對單價合同重新計量的本質(zhì)進行分析,引入合同狀態(tài)理論、不完全合同理論及該理論下的GHM模型,探索以重新計量為核心實現(xiàn)過程結(jié)算的機理。文本通過的分析及歸納確定單價合同實質(zhì)上是一種依靠重新計量對合同狀態(tài)變化進行動態(tài)補償?shù)暮贤?滿足單價合同狀態(tài)變化動態(tài)補償?shù)男枨?實現(xiàn)合同狀態(tài)與合同價格的動態(tài)平衡。其次,基于法律視角下法律事實與客觀事實相一致的法律糾紛處理原則,結(jié)合對比分析2013版《清單計價規(guī)范》、2013版《建設(shè)工程施工合同》、2009版《建設(shè)工程施工合同》、2007版《標準施工招標文件》、1999版FIDIC《施工合同條件》、2004版《建設(shè)工程價款結(jié)算暫行辦法》、2008版《清單計價規(guī)范》確定有效結(jié)算工程量確定的程序和證據(jù)要件。并在此基礎(chǔ)上,建立了單價合同以重新計量為核心的過程結(jié)算GHM模型。最后,本文通過合同狀態(tài)補償途徑的缺失解釋了單價合同結(jié)算糾紛的產(chǎn)生機理,在結(jié)算糾紛處理一貫性原則研究的基礎(chǔ)上,提出了與工程量清單計價模式下單價合同結(jié)算工程量糾紛解決相匹配的從量支付原則,并用工程實踐案例加以驗證。綜上,本文引入經(jīng)濟學(xué)及法學(xué)的概念及理論對單價合同重新計量的本質(zhì)、過程結(jié)算的現(xiàn)狀、單價合同結(jié)算工程量糾紛處理的一般性原則進行研究,形成了以重新計量為核心的過程結(jié)算機理設(shè)計。本文的研究成果為單價合同結(jié)算工程量糾紛的處理提供了專用性的理論指導(dǎo)原則,并用工程實踐案例驗證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.
【學(xué)位授予單位】：天津理工大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：TU723.3
本文編號：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.
【學(xué)位授予單位】：天津理工大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：TU723.3
【引證文獻】
相關(guān)會議論文 前2條
1 高紅紅;;公路施工工程計量工作探究[A];2014年4月建筑科技與管理學(xué)術(shù)交流會論文集[C];2014年
2 王德俊;;單價合同條件下投標報價的分析[A];河南省土木建筑學(xué)會2008年學(xué)術(shù)大會論文集[C];2008年
，本文編號：2430405
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