Empirical Study on Risk Allocation of Fixed Total Price in EPC
Fixed total price is a contract price settlement method that is compatible with EPC engineering general contracting.Empirical research can extract four main samples for the allocation of risk responsibility in EPC fixed total price:how to handle the new project price,whether to deduct project price for unfinished projects,whether to settle based on fixed total price,how to deal with other changes in the actual construction of the project,and the corresponding judgment rules.Due to incomplete legal regulations,both the owner and the contractor have not broken away from the traditional concept of general contracting in construction.Therefore,in the legal application of fixed total price,there are engineering practice situations that are not suitable for fixed total price,the employer lacks legal channels to actively compensate the general contractor,and the employer does not have a clear legal responsibility when the bidding documents prepared by the employer are not detailed.Based on these,the allocation of EPC risks should be combined with the current situation of engineering practice in China.Adopting a pricing method that combines fixed total price and fixed unit price,and clearly attributing the benefits generated by design optimization to the contractor.At the same time,it should be clear that the risks arising from the preparation of the bidding documents belong to the employer,to form a unique EPC risk responsibility allocation model in China.
construction project contractEPC project general contractrisk responsibility division