The Research On Dispute Involving Construction Project Contract Legal Risk And Prevention

Dispute cases involving construction project contract is a common case in judicature practice. Due to some special characteristics existed, such as long construction period and uncertain factors of construction. Plenty of disputes will be happened in the undertaking of contract, in this case the risk prevention becomes very important in legal basis. In the other hand because of the defection of Nation law and regulation, sometimes it's difficult to clarify the legal dispute of construction contracts, maybe some different comments will be from different parties in juridical practice.In this article we followed three steps rule (firstly propose question, then analyze question, and finally solve question) from existed cases to support my points, and also analyze focus and frequent questions of construction contract during operation, such as project schedule, quality and cost price. PartⅠof this article reviewed the happened similar cases, after leant these cases, found the key problems in construction contracts focused on three points, involved quality, schedule, and settlement, finally concluded these experience and proposed our legal point. In partⅡanalyzed the disputes basic in law, also was the most important in this article, after theoretically analyzed, author proposed his personal point on the dispute existed in construction contract, and also gave some solutions about these cases in juridical practice. In partⅢwas author mind about these construction contract dispute, he thought about risks in construction, and proposed how to prevent these legal risks. Meanwhile give some suggestions for improving law and regulation in this field and preventing risk in each enterprise.