针对代建项目采用设计概算作为投资包干总价的确定依据的不足和产生的超概问题,指出应在风险分担原则下,由政府委托人与代建人分别承担相应的投资变化的风险和投资控制责任。然后,指出投资包干总价的确定包括了代建人应承担的全部投资变化的风险,一旦确定,代建人不得突破;而由政府委托人承担的投资风险发生后,需要调整投资包干总价;最后讨论了总价合同中风险分担条款的设定及风险发生后的调价方法。
In view of the deficiency of confirmation basis for total investment lump sum according to the design estimate and the trouble of project investment exceeding the budget, the paper points out government principal and agent should take the risks of investment changing and the responsibilities of investment control respectively based on the reasonable risk allocation principles. And then, the paper puts forward confirmation of project total investment lump sum should comprise all risk factors to influence investment changes and the responsibilities of project investment control taken by agent, and the total investment lump sum can not be adjusted until the risks taken by principal hap- pened. At last, the contract terms design of risk allocation under the condition of lump sum contract and adjustment methods of the contract price due to some risks taken by principal happened are involved in this paper.