基于风险分担的政府投资项目代建合同总价控制

政府投资项目实施代建制是传统自建模式的制度创新,其投资控制的责任通过市场化手段转移给代建人承担并通过合同机制实现了投资控制的硬约束。代建合同中对于代建人投资包干总价的确定与调整方式的约定成为影响投资控制成效的关键问题。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,引入风险分担机制,剖析投资控制目标确定的风险分担原则,应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。代建合同投资包干总价的固定总价部分,由代建人承担全部投资变化的风险;可调价格部分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;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。

Lump Sum Contract Price Control in Agent Construction Public Project Based on Risk Allocation

The Agent Construction System is a system innovation for the management model of government investment project,its responsibility of investment control is transferred to the agent by contract mechanism and the agent has to realize the hard constraint of project investment control.It is a crucial issue to affect the effect of project investment control that the principal and agent confirmed the total investment lump sum and its adjustment means reasonably.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 result from mentioned above,the paper points out government principal and agent should be taken 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 to the 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 happened.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.