A Data-Driven Analysis of Engineering Contract Risk Characterization Based on Judicial Cases of Disputes

Abstract

Engineering contract management is a critical component of project management systems, serving as a key mechanism for ensuring successful project implementation. This study systematically analyzes 349 s-instance judicial cases related to construction engineering contract disputes in the Yangtze River Delta Economic Zone from 2017 to 2021, based on data obtained from the China Judgments Online database. The research identifies contractual risk characteristics across dimensions such as regional distribution, dispute terminology, legal citation patterns, and appellate role transitions. The key findings include the following: (1) Primary risks involve payment disputes, quality assurance failures, contractual validity issues, and schedule compliance challenges. (2) Litigation patterns reveal complex interdependencies between contracting parties and stakeholders, posing significant risk management challenges. (3) High second-instance modification rates stem from procedural irregularities, new evidence, improper legal application, and factual errors in initial trials. The study proposes stratified risk mitigation strategies, including governmental regulatory improvements and enterprise-level management optimizations. These findings offer valuable insights into advancing risk governance in construction contract administration, particularly through an enhanced understanding of dispute complexity and systemic vulnerabilities.

Keywords

• construction engineering
• contract management
• adjudication instruments
• contract risk
• case mining