工程总承包联合体内部责任界定和分担研究

Study on the Definition and Sharing of Responsibilities Within the General Engineering Contracting Consortium

从违约与侵权责任视角分析工程总承包联合体内部责任。结果显示:违约责任主要归结为工期、质量、费用三类;侵权责任主要归结为人格权、物权、知识产权三类,并梳理相关责任发生主体原因等。同时,提出违约责任按过错比例分担责任为主导,以合同额比例为调整分担比例的内部分担原则,侵权责任按过错比例分担责任的内部分担原则,并据此提出不同情境下的工程总承包联合体内部责任界定与分担流程。

Analysis of the internal responsibilities of an engineering general contracting consortium from the perspectives of breach of contract and tort liability.The results show that breach of contract liability mainly involves three categories:project schedule,quality,and cost;tort liability mainly involves three categories:personality rights,property rights,and intellectual property rights.The reasons for the occurrence of these liabilities are also analyzed.At the same time,it is proposed that breach of contract liability should be primarily shared based on the proportion of fault,with the adjustment of the sharing proportion based on the proportion of the contract amount.Tort liability should also be shared based on the proportion of fault,and based on this,the definition and sharing process of internal responsibilities within the contracting consortium in different scenarios are proposed.