A Study On The Priority Of Claim In Construction Project

In recent years,with the rapid development of China's real estate industry,it becomes more severe that property developer doesn't pay construction project in time.For this purpose of resolving the issue of falling behind with the project price,it is prescribed in article 286 of the Contract Law of the people's Republic of China that contractor have priority compensation of the construction project.This institution is of great significance to the interests of contractor.In June 2002,the Supreme People's Court had also gave specific judicial interpretation on the application of the Article 286.However,for various of reasons,the Article 286 and the "approved' had not become sharp tools to solute the problem of arrears,instead of had aroused a new round of academic debate on it.In this paper,author has analysed the establish,legal character,order of repayment of the preference receiving rights of the payment on the price of construction projects through a case.The words of the article is about 16000,and it is divided into five major parts:Partâ… is about the case.this part introduce the details of the case that is about the disputes of Company A apply for the implementation of Company B's construction.Partâ…¡is the focus of the case.This part introduced the main focus of the dispute of the case,including whether the applicant in this case enjoyed the priority for repayment of the construction price;the legal character of the priority;the sequence between applicant's priority and mortgagee's right.Partâ…¢includes divergent views and controversial opinion.This section sets out the opinion on the controversial case.Partâ…£is the legal analysis.Firstly the Article discusses the establishment process of the priority compensation of the construction project and the legal character of the priority,and summarizes the definition of the priority compensation of the construction project,which pave the way for the back analysis.Then,the article analyzes some focuses of the cases:whether the applicant enjoy the priority compensation of the construction project,as well as the controversy over the time of the establishment;the legal character of the priority of construction project;the sequence between the priority of construction project and agreement mortgage.author lists some controversial opinions and give analysis on them,and points out the opinion that author stand by,moreover,author give the reasons for that opinions.Partâ…¤is Conclusion.Through legal analysis,author give their own answers to those controversial opinions in the case,and consider the Court's judgement about the case is correct.