基于业主在工程承发包阶段将大量的风险转嫁给承包商的现状,以99版施工合同范本和07版标准施工招标文件中关于风险分担的相关规定为基础,总结出业主和承包商之间最为合理的风险分担方式,进而通过实际合同文本调查对业主再分配风险进行实证研究。首先,通过对实际合同文本专用合同条款中约定的风险分担情况进行分析,初步识别出业主再分配的风险内容;其次,通过问卷调查,就不同风险因素的发生频率以及对承包商可能产生影响的重要程度进行评价,进而绘制出业主再分配风险重要程度象限分布图,明确这些风险对承包商的影响程度。最后,给出了在招投标阶段和合同实施阶段承包商应对业主再分配风险的应对措施。通过实证分析,识别出业主通常会转嫁给承包商的风险,以及再分配风险对承包商的影响程度,为承包商应对业主可能再分配的风险提供支持。
Considering the reality that owners usually reallocate a lot of risks to contractors, this paper defined that the risk allocation on the basis of The Construction Contract (1999) and Standard Model Contract (2007),which can be regarded as the most reasonable risk allocation principles between owners and contractors. On this basis, this paper made identification and evaluation research on the risks reallocated by owners in the following aspects: Firstly,a number of practical contracts was collected and a research was made on the risk allocation in these contracts. The risks usually reallocated by owner are primarily ident!fied. Then through a questionnaire collection and analysis, the frequency and the importance of each risk to contractors were evaluated. And therefore the distribution figure of the risks reallocated by owners was drawn. Through the figure, the importance of each reallocated risk to contractors was clearly proposed. Finally, the relevant measures that contractors should take during the bidding stage and implementing stage were given. Through an empirical analysis,this paper identified the risks that owners would usually reallocate to contractors and the importance of each risk towards contractors with a hope to provide a support for contractors to deal with the relocated risks.