水电建设工程工期延误补偿问题探讨

Discussion of construction delay compensation in hydropower projects construction

工期延误是水电工程实施过程中经常出现的现象,常给发包人和承包人双方造成重大损失,双方在处理工期延误问题上的矛盾主要表现在责任划分、补偿范围和补偿标准3个方面。以国家法律和行业相关规定为基础,并结合施工现场实际,在分析了工期延误发生的原因、发包人和承包人双方的责任后,认为:对工期延误造成的损失进行详细而全面计算是困难的,承包人和发包人应本着合同至上、实事求是、合情合理的原则妥善处理;建议在招标阶段加强对工期延误的责任划分、补偿范围和标准等事项的约定,以减少不必要的争议和纠纷;建议水电行业主管部门出台相应的工期延误补偿标准,以减少纠纷的发生。

Construction delay is common in construction of hydropower projects and often causes serious loss to owner and contractor. The disputes between owner and contractor are reflected in 3 aspects of responsibility division,compensation range and compensation standard. On the basis of national law and correlative regulations,combining with the practical situation in construction field,the causes of construction delay and the responsibilities of owner and contractor are analyzed. The results show that the detail total loss calculation is difficult,so the concrete situation should be handled appropriately by the two parties following the principle of contract first,seeking truth from facts and rationality. It is suggested that an agreement of the responsibility allocation,compensation range and standard should be strengthened in the biding stage,so as to avoid unnecessary disputes. The authority of hydropower projects should publish a compensation standard on construction delay to minimize the contract disputes.