The Research On The Mechanism Of Resolving Dispute In Construction Contract

There are more risks, more complex circumstances, larger scale of investment and more participators in the modern Construction programs, are lots of kinds of contract in a project. Thus, the possibility of dispute's occurring increase greatly in construction contracts. The study is researching for the Mechanism of Resolving Dispute of Construction Contract. In order to open out the essence of the dispute in construction contract , we must study the dispute about three problems: why did the dispute occur ?What did the dispute develop ?How to settle the dispute?Firstly, the paper defines the Mechanism of resolving dispute in construction contract . It confirms the content about the research for the mechanism of resolving dispute in construction contract.Secondly, both using the theories of relationships between the procedure laws and the entity laws, and using the economy theories about the judicatory procedure. It proves the foundation of the procedure of resolving dispute in construction contract is needed and it is economy. Through the analyzing the economy about the process of exchanging information, the process of bargaining, the process of adjudging, and the appellant process, it helps us understand what the different procedure has different management costs and error costs, which supports the theory of The Economics of the law of both in the government decision-making ,and the procedure solving the disputes in construction choice by participant.Thirdly, the paper analyses the reason for the dispute which occurred in construction contract, and analyses the mechanism of resolving dispute in construction contract.。Through analyzing the different problems , we concluded that it the spent different costs on the different procedure we had choiced. It analyses when we solve problems , we must diverse of responsibility and amends. This paper develops the model for preventing and solving project disputes.Fourthly, this paper analyses the differences and the similarities between them. It summarizes the essence of the mechanism of resolving the contract from different contract rules, such as FIDIC, ECC, ICE, JCT, AIA conditions. It indicates there are lack of the fashion solving the project disputes. This paper first establishs the model of the dispute resolving in construction contracts.Finally, it demonstrates the theories in this paper through a real Litigation case.