The Solution To The Obstacles And Conflicts In Exercising Priority Rights In Construction Projects

The priority rights in construction projects as a construction company to protect their special right existed confusion between theory and practice. In theory, the nature of property rights is always controversial. In practice, due to the lack of detailed legal provisions, the guidance published by the High People’s Court of the country makes the different results. In the first chapter of the article, it describes that the nature of the priority rights in construction projects is the priority right. The second chapter analyzes the priority rights in construction projects of the implementation process subject, object, repayment scope, manner and duration of exercise restrictions. The subject of the right is contractor, but not including the designer, surveyor, labor subcontractor. The subcontractor has the same rights as the contractor. When the contract is invalid, actual construction also has the priority right in the case of the project is qualified quality. Repayment of the scope of the right, in addition to remuneration and the cost of materials generated in the process of implementation of the project, include the actual loss and a reasonable profit contractor. The way to exercise the right can by sue or claim. The factors of suspending the project, slowing the settlement and construction mortgages by the employer influence the contractor exercising the right. The third chapter is the application of conflict with other rights. Real estate buyers can negates the priority rights in construction projects, but it should be restricted. The fourth chapter is about legislative proposals. There are some problems in exercising the priority rights in construction projects. The views and opinions are given to perfect the priority rights of construction projects in China.