The Application Of The Rule Of Changed Circumstances In The Construction Contract

In recent years, it has maintained a high growth rate of construction building in China.Disputes often occur in construction contract field, and most of the disputes are about theapplication of the rule of Changed Circumstances in the construction contract.This article attempts to combine the theory of the rule of Changed Circumstances andpractice of construction contract, and to discuss the significance and what should be notedwhen apply the rule of Changed Circumstances in the methods of theoretical analysis andcase analysis.The first chapter provides an overview of the rule of Changed Circumstances,in orderto have a more comprehensive understanding about the theory of the rule of ChangedCircumstances and its current legislation. The second chapter introduces the applicablerequirements and legal effect of the rule of Changed Circumstances, to clarify the applicablestandards and legal consequences of the rule of Changed Circumstances. Throughintroducing the concepts of the construction engineering and features of the constructioncontract, combining with the analysis of current situation of the rule of ChangedCircumstances, the third chapter gets the practical significance that the rule of changecircumstances is applied in construction contract.The fourth chapter is the focus of this article. Through the analysis of33typicalcases,this chapter summarizes the status of the application of rule of ChangedCircumstances in construction contract and analyzes more contentious issues the practice. Finally, through the analysis of representative cases, the chapter thinks that we should focustwo issues when apply the rule of Changed Circumstances, which one is whether the terms ofthe contract can exclude the application of the rule of Changed Circumstances, the otherissue is the recognized standards of unconscionability in construction contract.