国际EPC合同评审中的承包商风险分析与对策研究

EPC工程项目合同是国外总承包领域普遍采用的工程承包模式,有通用条件和专用条件.以1999年版FIDIC 交钥匙工程合同通用条款为例,按照一定的原则对合同主要条款中有关承包商的风险进行分析并提出相应对策,应尽量避免惩罚性的赔偿责任,增加承包商与业主谈判确定索赔费用和工期时的筹码,减少损失,为成功索赔打下坚实的基础.

An Analysis of Contractors' Risk and Related Countermeasures in the International EPC Contract Appraisal

The EPC contract, as a widely applied pattern of project contracting in foreign turkey contracts, has its general and special conditions. Citing as an example the 1999 edition of the general terms of FIDIC turkey project contract, according to certain principles, the paper investigates the contractor~ relevant risks revealed in the terms of contracts, and puts forward related countermeasures. It argues that punitive liability should be avoided as much as possible, and that bargaining counters should be improved for the contractor and the proprietor to negotiate on the claim expenses and time limit of the project so as to decrease the loss and lay a solid foundation for successful claim.