不利物质条件下建设项目合同补偿研究

Research on the Compensation of Construction Contract under Adverse Material Conditions

建设项目施工过程中不利物质条件引发的补偿问题是发承包双方容易产生争议的焦点。本文以合同补偿的责任判定、补偿原则和补偿路径为主线,通过多个索赔案例分析不利物质条件引起的补偿责任判定的依据,在此基础上探索与之相适应的合同补偿原则与补偿路径:基于合同自我履行原则的工程变更、基于再谈判原则的索赔和基于第三方治理原则的情势变更。

The compensation caused by adverse material conditions is the disputed point between the employer and contractor in construction project. This paper follows the main logic to research as risk responsibility, compensate principle and compensate paths. Through the analysis between several claim cases,summarizes the gist for predicting risks responsibility,and after to explore and explain three corresponding compensate principle and paths：variation order under self-performing principle,claim under renegotiation principle,changed situation under the third party governance.