Study On The Application Principle Of Changed Circumstances Inconstruction Contracts

As a crucial principle in the system of contract law, the principle of change ofcircumstance is an exception to the rule of “abide by the contract”, which greatly reflects thespirits of civil law that are “good faith” and “equitable and reasonable”. The establishment ofthe principle of change of circumstance in the statutes of China also has gone throughrepeated refinements and continuous improvements to gradually adapt to the economical andsocial developments in China. However, from the reality of the market of architecturalconstruction, the difficulties and unreasonableness appeared in contractual enforcementcaused by the long-term contractual enforcement of architectural construction contracts, theconsiderable fluctuations of the prices of building materials, and many other peculiarities, andthe disadvantageous position of construction enterprises make the application of the principleof change of circumstances of special importance.This dissertation carries out its observation through mainly four sections combiningrelevant theories of law and concrete cases, as well as adopting the methodologies of literaturereview, case study and so on, with a focus centering on analyzing common scenarios wherethe principle of change of circumstance can be applied in architectural construction contractsand on related problems that worth paying attention, in the hope of assisting the practice ofarchitectural construction in China.The first section is the need to apply the principle of changed circumstances in the fieldof construction contract, by describing the concept of principle and the established course athome and abroad, combined with the construction contract subject of particularity, the longfulfill duration, the features of vulnerable to the impact of the regulations and policies, toclear the significance and necessity of the principles applicable in the field of constructioncontract fatherly.The second part is about the change of circumstances applicable conditions and thescope of application of the principles in the field of construction contract. First of all, to described the terms of the constituent elements of the situation change, from the perspectiveof subjective and objective conditions, the timing and results of Elements in detail. And toexplore the principle of changed circumstances applicable conditions are unique in the field,combined with the characteristics of the construction contract. Then, to distinguish thosechange names. Finally, by the pricing of the contract price different classification ofconstruction contracts, to indicate that the principle of changed circumstances mainly apply tofixed-price contracts in the construction contracts.The third part introduces several common situations that may be applicable in the field ofconstruction contracts emphatically. Among them, the first case is the Implementation of thesituation caused by the abnormal fluctuations in prices of construction materials during theperiod; The second case led to changes in policies and regulations on the situation to change,but does not meet the elements of time for the application of the principle; The third exampleis caused by abnormal changes in the weather situation changes, although not through thecourt proceedings, but from the view of the law the legal opinions issued by the two sidesfinally reached a settlement agreement, and all those are reflected in the use of similarsituation change rules to resolve contract disputes principle.The fourth part makes a distinction between "changed circumstances","commercial risk"and "force majeure" one by one, which are easily confused with the related concepts. So thatwe can more clearly recognize the "non-force majeure" and "non-commercial risks." At thesame time, pointing out that attention problems in this field apply the principle of changedcircumstances. Such as, the measuring of price fluctuations should not be subject to thefluctuations of a single factor prices, determining the "manifestly unfair" critical point couldrefer to the local government introduced price adjustment file properly, should play an activemediation role when using with caution in terms of changed circumstances, and so on.