On The Principle Of Changed Circumstances In The Construction Contract For Construction

Analyzing from the current judicial practice, there is a loud voice of applying the principle of Change of Circumstance in the area of construction contract. Though there are many cases, but the court still stay far away from this principle. The reason is afraid of the bad execution will become a contract killer. "The Second judicial interpretation of contract law" establishes the principle of changed circumstances in the contract field, so the paper argues that there is room for the application of the principle in the field in the construction contract.Focused on the point of view This paper contains two areas, in the first part, the paper discussed the possibility and necessity of applying the principle in construction contract; in the second part, the paper emphasized the correct application of the principle should establish on the clear understanding of party autonomy and its limits, and the key to apply the principle of Change of circumstances is to grasp the five elements. By clarifying the differences between the principle and force majeure exemption and the boundaries of commercial risks,try to correctly understand the obvious unfairness through the comparative case analysis.In short, the circumstances change, as one of judicial principle, as a means of relieving contract obstacles should be applied in all areas, including areas of the construction contract.