Research On The Priority Of Claim In Construction Project

With reform becomes more and more deepening, China’s construction industrybecomes stronger and stronger. Not offering payments is becoming more prominent.For solving this problem effectively and protecting interests of contractors, the"Contract Law" Article286establishes the contractor’s construction project costpriority claim. Because this law stipulates generally, and there are many difficulties inpractical operations, so in2002the Supreme Court has approved the introduction ofthe relevant supplement to explain that. However, regards to range of the constructionof priority claim, in the case of the invalid contract or some certain circumstances,rights have not yet been clearly defined in our laws. With the development of times, avariety of new problems continue to appear, all aspects of construction project costpriority claim are needed further studies to be well applied in practice.This paper uses a typical case and hackles them in the form of case. It includessome problems in judicial practice. And it summarizes all the difficulties and disputesthose which exist in the priority rights of claim in construction project. Subsequently,the author discusses from three aspects. Firstly, from the aspect of construction projectcost priority for repayment, its conflict with the nature of right buyers of mortgagedebt and the bank to explain the construction, and other priority claim rights andconflict related rights. In this chapter, the author analyzes the spirit of the legislation,uses comparative ways, refers to the United States, Japan and other relevant nation’slegislations, refers to domestic scholars’ research and concludes differentcircumstances rights standard. Subsequently, the author discusses problems ofidentification in the priority claim construction project costs from its main range,scope and objects of repayment in three dimensions. In this chapter, the author usesthe engineering knowledge and a comparative analysis of relevant concepts. And analysis possible circumstances on the basis the situation that may exist. And then theauthor concludes every case’s method and splits the value of project and the value ofthe land, and analysis the split method and its application. How to determine thestarting point of the construction cost issues are discussed in last article in priority forrepayment of the scheduled period. The author mainly discussed separately from thecompletion of construction project and the finishing time.And how to confirm thedate of completion of the contract is invalid under the circumstances, identifycompletion date that is analyzed, the ability to exercise the priority claim, howconsidered the starting point, and the agreement recognized the effectiveness of thestarting point of the problem are discussed. Finally, analyzes the challenges likely toface institutional priority claim, and the expresses expectations of future legislationsand institutions.