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Research On The Legal Problem Of Delay In Construction Period Of Construction Project Contract

Posted on:2017-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiFull Text:PDF
GTID:2336330491459898Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Delay of performance is one kind of debt nonperformance of the most common and typical forms of breach of contract, in the performance of the contract for construction project,delay in construction period is devoloper, contractor delay to perform contractual obligations in the period of performance, by the laws and regulations, FIDIC contract model, the model contract comparison research and engineering construction contract dispute case empirical analysis based on, in-depth study of the legal issues of time delay.First, in the duration of the identification, through the start date, the date of completion, the key to determine the duration of the project to determine the duration of the delay, and to determine whether to assume responsibility for delay.Secondly, the type of delay in construction period analysis, the reason from the angle of delay, analyzes the reason of the delay of the devoloper, contractor causes delay and non delay and delay of the causes; the reason of delay, the delay to perform its obligation in practice is complicated, including the nature of cooperation does not fulfill the obligations and obligations to the devoloper, delay the progress of the payment in time delay, a delay or circumstances for the material supply material does not comply with the contract, the contractor design change; delay reasons, the contractor of construction engineering quality failure caused by unfavorable corrective repair, refused to cooperate with the contractor acceptance (in practice usually will cooperate with the Contractor as the request completion and acceptance of project price; non delay chips] causes both sides, including the force majeure and the third party reasons; common delay, including the two sides of the reasons, including the role of a variety of factors such as the role of the common delay.Thirdly, the mode of responsibility for the duration of the project, including the continuing performance, damage compensation, breach of contract, and other issues, including the specific choice of the case.Finaly, analysis based on the discussion, from the devoloper and the Contractor's point of view the fully aware of the legal consequences of schedule delay, to prevent, avoid and how the consequences of delay minimization for the purpose of the proposed schedule control recommendations for both; the time limit for a project delay legal problems and initiate, to let everyone know the usefulness of the law project, engineering and law concept and through the integration of engineering and legal, resolve disputes in the field of construction engineering, making the operation of the construction market more standardized and legalized.
Keywords/Search Tags:Construction period, Delay performance, Delay in construction period, Liability for delay
PDF Full Text Request
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