Priority Claim Of The Construction Works

In the field of engineering construction in our country, it is a general phenomenon that project funds are in arrears, and the momentum of project fund unpaid is growing on and on. To solve this problem, article 286 of our country's "Contract Law" has stipulated the protection of contractor's preferential right to indemnification. This is significant in correcting the out-of-balance place between the party issuing contractor and the contractor, and also in perfecting the relevant legal system. However, due to the imperfectness of the legal legislation, there are confusions in the determination of the nature of preferential right, the range of project funds amount, the payment sequence from when the right conflicts with other rights, and the procedure of executing the right, etc.Due to the ambiguity of the legal legislation, there are many unresolved problems not only in the understanding but also in the execution of the right to indemnification. To solve these problems practically, I will thoroughly discuss the preferential right to indemnification in the aspect of legal regulation's fairness & justness.The article is divided into four parts. The first part introduces the legal analysis on the preference receiving rights of the payment for construction projects. As for the nature of the priority right, there are three different viewpoints. The author holds that the nature of the priority right is one kind of priority rights of contractors, that is priority right of special debts. The main characteristics of the priority of the priority right are mandatory, securing, preferentially valid and non-public summons.The second part discusses the emergence and realization of the preference receiving rights of the payment for construction projects. Especially, I pay more attention to the subject range, range of the creditor's rights of the guarantee, realization way of the preferential right to indemnification to define.The third part is about the priority sequence between the preference receiving rights of the payment for construction projects and other related rights. For example, the priority sequence between the preference receiving rights of the payment for construction projects and mortgage; the priority sequence between the preference receiving rights of the payment for construction projects and the rights of the consumers.The fourth part probes the perfecting of the preference receiving rights of the payment for construction projects. According to my own understanding of the 286 clause of the Contract Law and the problems people often meet in the practice of the law, the author in this part discusses how to perfect the preference receiving rights of payment on the price of construction projects, and then put forward some suggestion of how to change the law.