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Answer: The risk allocation principles determined by the conditions of the construction contract mainly include:
The principle of matching risk with responsibility. The owner shall bear the risks of political, social, and natural disasters (emphasizing the unforeseeable and unreasonably preventable forces of nature that an experienced contractor could not reasonably prevent), the risks of changes in the economic environment (such as changes in prices, exchange rates, etc.), the risks of changes in law, the risks of design errors provided, the risks of using or occupying permanent works, etc. Except as otherwise provided in other terms of the contract, risks other than those of the owner shall be borne by the contractor.
The principle of unforeseeable risk allocation. The risk that an experienced contractor could not reasonably foresee prior to the date of submission of the tender is borne by the owner.
This type of contract is often encountered in overseas roads, bridges and other civil engineering-based projects undertaken by Chinese companies, and there will also be large losses if they are handled. For example, the A2 highway contract between Warsaw, Poland, and Berlin, Germany, which was recently terminated, has adopted this model. If you want to check the information, it is recommended that you go to a magazine project management run by Wison Group.
There are more articles in this magazine in this area, and they are also more professional, which should be useful to you.
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Negotiate to determine the content of the contract...This question is too big for a textbook to summarize. Here's my own summary. 4. The risk principle stipulated in Article 17 is "who controls the project, who is responsible". The owner bears the social risk.
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Answer]: A This question focuses on "some clauses of the FIDIC construction contract conditions". FIDIC's Conditions of Contract for Construction are based on whether the contractor could reasonably foresee the risk liability at the time of bidding, that is, since the contractor's winning contract price did not include the risk of force majeure damages, the removal of limbs is not liable for the damage consequences of force majeure.
Because of this, the correct answer to this question is A.
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Answers]: a, c, e
The risks not attributable to the contractor are all the risks of the owner. Items b and d are not selected because of the contractor.
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Answer]: climatic conditions are not within the scope of the owner's risk, which means that the owner does not compensate the contractor for the climatic conditions.
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Answer]: C This question focuses on "what needs to be clear when entering into a contract". The General Terms and Conditions stipulate that the reference date for the Zen Cave Letter of the Ship is the 28th day before the deadline for bidding.
The function of stipulating the base date is to divide the responsibility for the impact of changes in policies and regulations or market price fluctuations on the future of the day. Therefore, the correct answer to this question is c.
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Answer]: C This question examines the division of risk responsibility. In the general conditions, the 28th day before the deadline for bidding is defined as the "auspicious date", which is the time point for the owner and the contractor to divide the contract risk. (The new textbook has been deleted).
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