| Building of construction project has the characteristics of complexity, professional,lots of stakeholders and huge quantity. Construction contract disputes frequently occur.On the other hand, construction contracts are recognized as the most professionalcontracts and the most complex contracts in legal relationship.Nowadays, in building construction field, the construction contract (model text)issued by the department of housing and Urban-Rural Development has been wildlyrecognized and used by Vendors and Clients. The terms of model text are fairlyflawless with a fairly balanced burden of risk, which has a huge effect on the rapidand healthy development of China’s construction industry. The model text has beenupgraded from version99to version2013. The upgraded one not only adapts theneeds of recent implemented bills of quantity, but matches existing laws andregulations as well. However, parts of the “model text” are still imprecise andimmature, which require further improvement.This paper attempts to help resolve contract disputes by improving the terms ofconstruction contract model text. Parts of the contract terms are redesigned in order toprevent disputes related to the contract, which prevents from the risks brought to theenterprise due to improper terms. The cost of prevention is much less than the cost ofresolving disputes.The thesis composes of five chapters.Chapter one is an overview of the construction contract disputes. The authorsummarizes the characteristics and types of construction disputes. After studying the reasons for the construction contract dispute, the author found that improving,modifying the terms or redesigning the contract provisions are effective ways toresolve contract disputes.Chapter two continues the idea and contents of chapter one. The primary task ofimproving the contract is in-depth analysis of the characteristics of contract. Thethesis analyses the main strengths and weaknesses of the model text by comparing thedomestic and foreign common characteristics of construction contracts. The chapterthree emphasizes on the improvement of related weaknesses.Chapter three elaborates the meaning of defect liability system. In addition, thedefinitions of warranty obligation and warranty liability are distinguished. On thisbasis, the terms of warranty obligation and warranty liability of model text have beenmodified and improved.Chapter four starts from contract’s fairness and justice. The relevant terms of bothVendors and Clients are improved, which makes the rights and obligations of bothsides fairer, risk-sharing more reasonable.The final chapter designs and improves other terms of model text, which need to beimproved. These improvements mainly involve some terms which are inconsistentwith the existing legal laws and unreasonable terms caused by defects in themselves. |
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