The Study Of The Legal Risk Prevention And Control For The Construction Contract

Construction project exists within all the fields of social activities. The natural properties of it such as complexity, long construction time and wide distribution could easily make difference from other industry. As a result of those properties, complex risks come along. Furthermore, those risks are growing more and more complexly and diversely with the development of scientific technology and the appearance of new techniques and materials. Obviously, the accomplishment of construction project could be considered as a process of signing and performing the contract of all the involved parties. Therefore, how to control and take precautions against the risks of contract for construction project becomes the prime importance.Construction contract is a kind of special contract with complex diversity, terms and conditions and long performance cycle time. Therefore, relevant expertise of legal knowledge and theoretical and practical construction knowledge are necessary for concluding a complete and precise construction contract. However, relevant construction enterprises are facing a bunch of problems in risk management of construction contract referring to our country such as unsound risk awareness, a low plane of prevention and control of risk, disordered relevant system, disregards to professional, arbitrary and fanciful actions on contract and so on. According to those risks in the process of the cycle of construction project contract, the prevention of contract risk and the control of the latent lost from the contract risk is becoming a hot spot of construction project research.This paper tries to discuss how to construct the legal risks prevention system about contract for construction project by applying several research methods like case analysis, chart analysis and Contrastive analysis which based on legal theory, management science, economics and other relevant scientific theories. At first, the development of management and regulation of risk has been briefly introduced. Then, the description of contracts for construction projects which reveals the definition, category and specification has been given by the paper. This description points out the forming of the relationships between those involved parties in the process of the contracts. It gives the definition of the legal risk of the contract and a research about how to identify and analyze it has been accomplished. In the end, a specification about building prevention system of contract for construction project's legal risks has been submitted.