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我国建筑市场长期处于买方市场,发承包双方地位不平等,存在位势差。由于合同约定的不平等,在物价异常波动时,承包方提出调整价款的要求往往都被发包方否定。然而,建筑行业利润较低,多数情况下,承包方无法独立承担价款无法调整所带来的一系列风险,因此会造成发承包双方的价款纠纷,从而影响工程项目的建设进度。追根溯源,产生这种状况的原因主要是发承包双方在当初签订合同的时候,就没有对建设工程项目过程中所产生的一系列风险进行合理的分担。从物价波动引起的合同价款调整规制的必要性及目前的规制缺陷入手,以规制改善原则、规制改善手段为深入点,合理改善规制。
China’s construction market in the buyer’s long-term market, the status of both fat and unfair contracting, there is a potential difference. Due to the inequality stipulated in the contract, when the price fluctuates abnormally, the request of the contractor to adjust the price is often negated by the Employer. However, the profitability of the construction industry is relatively low. In most cases, the contractor can not independently bear the series of risks arising from the unadjustable price adjustment. As a result, dispute over price between the contracting parties and the construction progress of the project will be affected. Tracing back to the source, the main reason for this situation is that when the two sides signed the contract, they did not reasonably share a series of risks arising from the construction of the project. Starting from the necessity of adjusting the contract price and the defects of the current regulation caused by the fluctuation of price, the article starts with the principle of regulating improvement, regulating the means of improvement as an in-depth point and reasonably improving the regulation.