EPC固定总价合同的价款争议分析

Analysis of Payment Disputes in Fixed Price Contract under EPC Mode

EPC模式是未来建筑业发展的趋势,一般采用固定总价合同。与传统的施工总承包模式相比,总承包人很难对EPC项目作出准确报价,从而导致后续实施过程中价款争议的产生。文章根据实际工作经验,总结提炼出“价差”、“量差”、“合同范围”、“相关措施费用”等六种合同价款争议,给出了防范建议。并指明实事求是的态度加上友好协商的途径是解决争议的最有效的方法。

EPC mode is the development trend of the construction industry in the future, which generally adopts fixed price contract. Compared with the traditional construction general contracting mode, it is difficult for the general contractor to make an accurate quotation for EPC projects, which leads to disputes. Based on the author’s work experience, this paper summarizes and refines six kinds of contract price disputes, such as “price difference”, “quantity difference”, “contract scope”, “relevant measures cost”, and gives preventive suggestions. It also points out that a pragmatic attitude coupled with friendly negotiation is the most effective way to resolve disputes.