Practical Analysis Of Construction Contract Dispute In Construction Project

Construction project is a content, strong professional, industry practices more confused system engineering. With the high speed of construction industry in our country, especially in real estate development, construction market construction non-standard issues also emerge in endlessly, the payment and settlement, construction quality, the wage arrears for migrant rural workers, invalid contract acknowledgment of the project construction contract disputes is increasing year by year, and presents the difficulty of ascertaining the facts and trial cycle is long and difficult to mediation. At the same time, due to the adjudication of the types of laws and regulations content relative lag, around the court have different understanding of construction project contract disputes, the referee have different scales, leading to the project construction contract disputes can not be timely and effective.This paper through a combination of theoretical analysis and empirical analysis, from the following four aspects:the trial of construction project construction contract disputes:The first part from the theory of construction project construction contract law analyzes the particularity of content and form, to further explore the practice of this kind of dispute content provides the theoretical foundation, at the same time, the three main types of this kind of dispute and characteristics of the trial, which is a emphasis and difficulty in civil trial work.The second part USES the form of case analysis, through summarizing the dispute focus, to judge how nature and effectiveness of the project construction contract are analyzed.The third part USES the form of case analysis, through summarizing the dispute focus, the most commonly encountered on the litigation procedure of two big difficult problem, namely, jurisdiction, lawsuit main body decided to carry on the discussion.The fourth part USES the form of case analysis, through summarizing the dispute focus, connotation of actual construction, how to reasonably exercise their litigation rights are analyzed.Fifth part on the basis of the foregoing analysis, from product level to resolve disputes and reduce disputes have two big aspects, to improve the quality and efficiency of this kind of case trial opinions and Suggestions to solve this problem is presented, forecast through can make the dispute resolving mechanism construction the best fit of legal effect and social effect.This article USES the case of all is the author in the trial practice or experience cases directly, through case study, the perspective of theoretical analysis, in the trial of construction project construction contract disputes must be reviewed and solve process problems and physical problems put forward their views, such as the cognizance of case jurisdiction, lawsuit main body, the nature of the contract, and effectiveness of people how to protect the interests of determination and practical construction, and so on, is the author’s theoretical level and the limitation of space, part expounds too principle, inadequate, even errors may occur, but if we can through this article, the author make your legal colleague to pay more attention to the solution of this kind of case, also can achieve the purpose of writing this article.