问题 问答题 案例分析题

某建设单位和施工单位按照《建设工程施工合同(示范文本)》签订了城市道路主干道施工合同,合同中约定:建筑材料由建设单位提供:由于非施工单位原因造成的停工,机械补偿费为200元/台班,人工补偿费为50元/日工;总工期为120天;竣工时间提前奖励为3000元/天,误期损失赔偿费为5000元/天: 

事件一:挖方段遇到了工程地质勘探报告没有揭示的岩石层,破碎、移除拖延了3d时间(自由时差0天,每日45工日,60台班); 

事件二:工程拖延致使路基施工进入雨期,连续降雨使土壤含水量过大,无法进行压实作业,因此耽误了5d工期(每日30工日,45台班,非关键线路,自由时差10天)。 

事件三:①由于建设单位要求对道路连接线工作的施工图纸进行修改,致使该项工作停工3天(自由时差5天,每停一天影响30工日,10台班);②由于机械租赁单位调度的原因,施工机械未能按时进场,使跨线人行天桥工作的施工暂停5天(自由时差2天,每停一天影响40工日,l0台班);③由于建设单位负责供应的材料未能按计划到场,底基层工作停工6天(自由时差5天,每停一天影响20工日,5台班)。 

事件四:在工程竣工验收时,为了鉴定某个关键构件的质量,总监理工程师建议采用试验方法进行检验,施工单位要求建设单位承担该项试验的费用。

试结合上述事件,分析施工合同中的风险因素有哪些?可以采用哪些有效措施加以避免?

答案

参考答案:

施工合同中的风险因素:政治风险;经济风险;技术风险;公共关系风险。

合同风险的规避:充分利用合同条款;增设保值条款;增设风险合同条款;增设有关支付条款;外汇风险的回避;减少承包方资金、设备的投入;加强索赔管理,进行合理索赔。

阅读理解

Last summer, when Amanda R of Anaheim Hills, California, was running on a cross-country course with her team, she blacked out. “I got really dizzy,” she says. “I was out for a few minutes.” At first, Amanda thought she was just tired and didn’t think she had a health problem. She did go to the emergency room, where she was fine after tests, but she fainted (昏厥) again several days later as she was talking with her coach. Another doctor guessed that Amanda had blacked out “because we were in heat so much with not enough water and not enough of the right kind of foods”.

Teens often don’t want to stop and take a break or don’t notice when they start to feel bad, doctors say. However, paying attention if you’re not feeling well is important, as Amanda learned.

As a result, Amanda has changed her habits. “I drink a lot more water,” she says. “And put more salt in my diet. I’m eating more balanced meals.” Amanda advises teen athletes to trust their coaches and speak up when they’re not feeling well. “And recognize the difference between when you’re tired and when there’s something really wrong.”

Some people - up to 3 percent of the population - sweat too much, even in cold weather. The condition, called hyperhidrosis (多汗), can affect many parts and it often runs in families - hands down from generation to generation. Too much sweating over the whole body could be a symptom of another medical condition. Doctors aren’t sure what causes hyperhidrosis, but using special medications or other treatments can help.

小题1:What caused the happening mentioned in the passage during Amanda’s running?

A.She couldn’t breathe in enough air in the race.

B.She didn’t eat anything before the race.

C.She had been running all summer without a rest.

D.She neither drank enough water nor ate enough of the right kind of foods.小题2:What can we infer from Paragraph 4?

A.There is no need to worry when sweating too much, even in cold weather.

B.Hyperhidrosis may have a bad effect on your health.

C.Doctors have discovered why people get hyperhidrosis.

D.Hyperhidrosis is a serious disease and no treatment can help.小题3:The purpose of writing this passage is to____________.

A.tell teens the proper ways to take exercise in summer.

B.tell teens not to run in hot summer.

C.tell teens to pay attention to hyperhidrosis in the summer exercise

D.tell teens how to keep healthy.

单项选择题