Analysis Of Construction Contract Disputes

With the deepening of the reform and open-up and urbanization, there areincreasingly more infrastructure construction, reconstruction of old cities and real estateprojects appearing to meet the needs of people’s life, and each project needs to beconstructed by building enterprises. As the one of supporting industries, buildingenterprises solve the employment problem, contribute tax and increase governmentrevenues, and meanwhile they are always involved in contract disputes which includeblack-white contract dispute, attached construction project, illegal subconcontractingdispute, and dispute of project fund with preferential right of payment, and which resultfrom various causes range from building enterprises themselves to government andinstitution or social dimension. Attributing to huge object of action, complexity of legalrelations and highly specialized profession, construction contract disputes arecharacterized by much tougher to be settled and much longer settlement period thannormal contract disputes.Ubiquity of construction contract disputes impede construction development of andresult in petition mass incidents of migrant workers, which damage the social stabilityand unity and government image. Effective prevention and solution of constructioncontract disputes will be beneficial to healthy development of construction, to legalinterest of migrant workers, and to social stability and unity. Even though Chinese lawstipulates the measures such as reconciliation, meditation, arbitration and litigation toprevent or settle construction contract disputes, it is the imperfection of the institutionitself that made reconciliation, meditation and arbitration not play their due roles andsettle the disputes in practice. As a result, litigation has been being the only singleresolve to construction contract disputes.Taking the construction contract disputes in Harbin as the examples, the dissertation analyzes aspects of disputes such as feature, current situation, causes andhazard in order to find out the source and put forward several suggestions by means ofdocumentation, summary of practice and comparison on the basis of referring to lawsand regulations and judicial interpretation such as Contract Law, Construction Law,Bidding and Tendering Law, Supreme Peoples Court’s Judicial Interpretation ofApplicable Law on Trial the Case of Construction Contract Disputes. What the thesisdemonstrates is expected to be beneficial to contract parties involved in disputes andmeanwhile to inspiring effective prevention and reconciliation of contract disputes.