A Study On The Legal Enforce To The Contract Of The Code Of Valuation With Bill Quantity Of Construction Works

The contradictions between the contract clauses and the Code of Valuation with Bill Quantity of Construction Works among contracting parties are mainly caused by from unreasonable price risk transfer from Tenderers on construction process to contractors which should be undertaken by Tenderers.In addition, due to lack of specific regulations as well as not quality and safety issue, these contradictions cannot be solved by Mandatory Provisions in Quality Management Rule of the Construction Project and Management Rule of Safety in Production of the Construction Project, furthermore, as the the Code of Valuation with Bill Quantity of Construction Works is just a announcement of construction ministry other than a law or regulation, its status, mandatory provisions and legal force on contract are always under controversy.This thesis analyzes the real efficacy of the Code of Valuation with Bill Quantity of Construction Works, especially its mandatory clauses, and discusses the availability when contradicting with specific contract clauses. The possible legal and contractual consequences of different situations are also presented.In this study, the 08edition the Code of Valuation with Bill Quantity of Construction Works is divided into general clauses and mandatory clauses, applying the comparative research method based on western theories and institution, and law research method based on the countermeasure research and the connection between theory and practice towards Chinese mainland issuesTo be specific, this thesis firstly reviews and summarizes the similarities in current construction regulation systems at home and abroad in the hope of defining legal property of the Code of Valuation with Bill Quantity of Construction Works, then the analysis of standard system and mandatory clauses in China construction industry is proposed for providing reference to the properties of mandatory clauses in the Code of Valuation with Bill Quantity of Construction Works. Thirdly, this paper develops the identification principles and effect sources for mandatory clauses, distinguishing the effect mandatory regulations and management mandatory regulations, which establish the foundation for determining the legal consequences of the mandatory clauses in the Code of Valuation with Bill Quantity of Construction Works.As to the solution section, this paper discusses the properties of the Code of Valuation with Bill Quantity of Construction Works, the efficacy influences from Construction Law and Standardization Law on the mandatory clauses in the Code of Valuation with Bill Quantity of Construction Works and the effect strength of mandatory clauses.At last, this thesis presents available solutions for addressing the critical research problems after determining the legal properties and mandatory clause properties...