On The Construction Contract

The Contract of Structural Project Construction (the CSPC) is one of the named contracts in the Contract Law. It relates to knowledge on many subjects including architecture, laws and etc. In practice, there are many legal disputes over the CSPC and a few problems need defining.In this paper, the general theories of the Contract Law are applied to systematic analysis of the CSPC. And some characteristic institutions are studied and discussed deeply, such as bidding system, contracting and sub-contracting system, supervision system, priority institution and claims on project quality. The CSPC as well as the Contract of Project Design (the CPD) and the Contract of Project Investigation (the CPI) is part of Construction Contract.In order to make a distinction between employer and contractor about rights and obligations, and accomplish the work successfully, the two parties reach an agreement. That's the CSPC. It has four characters : 1) Subject matter are construction work; 2) It is planning and programming; 3) It submits to administration.Architecture industry is very important to economy. So is the CSPC to legislation. There are many legal documents about the CSPC in our country. In addition, the government has worked out a set of standard contracts as reference.When entering into a contract, we should pay attention to the following aspects: contract capability and administrative statutes. In practice, bidding system is necessary in improving project quality and project benefit. And it can also help theenterprise to raise competitive ability.During the contract performance, supervision system is a profitable arrangement. According to the entrust contract, supervisor gets into the legal relationship of the CSPC. The supervisor's rights in performance stem from two aspects: laws and contract of project supervision.The legal liability for construction work includes two parts: one is the liability for treaty-making negligence, the other is liability for breach of contract. The contractor's priority of claim is emphasized in this article. It is different from lien rights. It's a kind of legal mortgages, and sub-contractor isn't entitled to legal mortgage.When the constructions of foundation facilities are being performed in large scale in our country, it is meaningful to study the CSPC. I hope this paper can do favor to the development of architectural market and architectural industry of our country.