A Construction Contract Dispute Case Analysis Of Liu, A Materials Company And An Engineering Company

With the prosperity of China’s economy, the real estate industry vigorous development, by the construction of huge market interest temptation, all kinds of civil subjects have in this area, the construction type of dispute cases showed an upward trend year by year. But due to the construction field of strong, market manipulation phenomenon is serious, but because the country on construction field management of more standardized, the legislation level is complex, resulting in the nature of the contract, contract effect and legal application of prone to disputes. In2005January the Supreme People’s Court promulgated " on the trial of construction contract dispute case applicable law the explanation of "(hereinafter referred to as " judicial interpretation ") to the civil trial practice encountered with the construction contract for the interests of the parties concerned in many important problems make the rules, regulate the order of the construction market and the the people’s courts to hear cases provided strong guidance. But in the practice of " judicial interpretation " specific terms how to apply and understand also became the judicial circles to discuss topics, such as the invalid construction contract, construction, project cost priority terms from the industry wide concern and discussion, how to accurately understand and apply the terms " judicial interpretation ", is undoubtedly the trial practice of the first problem to be solved. At the same time judicial practice also shows that " judicial interpretation " in building engineering construction contract effect, the actual construction of human rights protection, construction projects priority are required improvement, combined with the case through to the question analysis, with a view to such cases and legislation and legal practice to provide useful suggestions.