The Research On Some Problems Of Contracts Of Construction Project

The contract of construction is a kind of contractor agreement. It has special meaning that Chinese Contract Law has separated the contract of construction from contractor agreement, and set it as named contract. But in practice, there are so many disputations on the contract of construction, lots of law issues should be defined, such as the issue on the limits, the establishment ,the effects of contract of construction, and if under a particular situation, how to settle accounts for the project. It has a lot of disputations in both theory and practice.Chinese Contract Law doesn't have a strict definition on contract of construction, neither a clear definition on its limits. This leads to an obscure definition between contract of construction and other contractor agreement, so we have no certainty of the limits both in theory and practice. If we define the contract of construction as a contractor agreement on real estate, then we can distinguish the contract of construction from other contractor agreement easily, and it is also good for unification of law.The contract of construction is established mainly through public bidding invitation and bidding. Since we don't have a clear definition on the procedure of making contracts, there is a disputation on the exact time when contracts was established. Sending out the public bidding invitation advertisement doesn't mean the establishment of contract of construction with the current law. But on the common view, sending out the advertisement means making promise, so the contract is established. Now we have to modify the current legislation, clearing that sending out the advertisement means the establishment of contracts.The contract of construction is adjusted by laws in different fields which include mandatory regulations. If a person concerned violates the regulations, he will suffer administrative punishment, but contract must be still effective. Analyzing these regulations and making clear definition about the differences are good for making correct opinions on the contract of construction.During the performing of the contract of construction, there may be many unexpected situations, and also many disputations on how to handle the settlement of project costs. If we confirm that the contract under the invalid situation, the project costs should be divided into two circumstances: the qualified checking and accepting projects should have the project cost settlement by the contract; and the unqualified...