Research On Construction Project Contract Review

Based on current problems of construction contract management in China and the research status of construction project contract management at home and abroad,this paper focusing on the way to achieve a successful review work by contract management personnel.By collection,unscrambling and summarization of research literature as well as cases analyzation,this paper combines various theories of both contract law and project management while comprehensively summarizes the former and combines it with construction project management practices to integrate theory with practice and finally blend theories into practices on the basis of widely collection,understanding and analyzation of relevant data.This paper begins with definition the related concepts of construction contract review,analysis to the legal system of construction project,and summary of the characteristics of construction contract.Subsequently,this paper discusses the jurisprudence of construction project contract from various respects such as the conclusion,fulfillment,changing,termination and violation of contract.By categorizing,studying and refining the jurisprudence of relevant laws,this paper replenishes jurisprudence with practices to enrich the former while straighten out the latter.A contract consists of many elements such as rights and obligations,payment terms,construction period and project quality,etc.,thus entering into a contract does not only means the conclusion of contract,but also refers to contract effectiveness and legal consequences if the contract is deemed as invalid.Meanwhile,the termination of a contract is comprised of legal conditions of canceling,consequences of statutory circumstances and of construction project contract termination causes.Besides,it is also important to understand the distinction and relation between contract changes and engineering changes.When it comes to breach liabilities,doctrine of liability fixation and the way to bear liability is also discussen in this paper.Focusing on the way to achieve a successful review work,this paper discusses and generalizes the basic task,basic principle,the content and key points of contract review,from the three phases of contract investigation,contract signing,contract fulfillment and contract litigation,and then come to a conclusion.The content of contract review includes the project integrated environment,the qualification and credit of contract parties,contract model text,Contract documents,project scope,tripartite obligations,project payment,project progress,project quality,project acceptance,litigation review and litigation entity review.Within the study work of this paper,it studies and analyzes the cases of construction project contract review,and then sum up lessons.Lastly,this paper emphasizes the significance of construction project contract review,and summarizes the research point of this paper,in view of what way to review well.