全过程风险分担视角下合同柔性的结构维度与量表开发

合同柔性及其分析已被广泛应用于建设工程合同管理中,然而现有研究对建设工程合同柔性内涵和维度并未达成一致,导致合同柔性对建设项目绩效的实证研究难以深入.文章基于全过程风险分担视角,结合定量研究方法确定了合同柔性的测量量表.研究表明,合同柔性可划分为价格柔性、控制权柔性和再谈判柔性三个维度.其中,价格柔性体现为与风险初次分担对应的合同条款柔性;控制权柔性则是与风险再分担过程匹配的控制权相机转移;再谈判柔性体现为应对合同执行中风险再分担的重新签约.研究成果为建设工程合同柔性这一构念搭建了完整的分析框架,并为后续其对承包人履约行为相关的实证研究奠定了理论基础.

The structural dimensions and scale development of contract flexibility based on the whole process risk sharing perspective

Contract flexibility and its analysis has been used in the construction project contract management widely. However, the existing research results have not agreed on the connotation and dimension of contract flexibility, which leads to insufficient empirical studies on project performance due to contract flexibility in construction project. Based on the whole process risk sharing perspective, this study determines the scale of contract flexibility with quantitative methods. Research shows that the contract flexibility can be divided into 3 dimensions: Price Flexibility, Control-right Flexibility and Renegotiation Flexibility. Among them, Price Flexibility is the contract terms corresponding to the initial risk sharing; Control-right Flexibility can transfer the control-right according to the environment corresponding to the risk re-sharing process; Renegotiation Flexibility is the re-contract to deal with the risk re-sharing in the contracting process. The results provide a complete analytical framework for the contract flexibility, and lay a theoretical foundation for the empirical research of the contract flexibility on the contractor''s performance behavior.