Study On The Subcontractor's Priority Claim For Payment Of Construction Projects

In order to solve the serious arrears problems of construction,the provisions of Article 286 of the Contract Law of the construction project priority for repayment rights.Since the entry into force of the law to theoretical differences,substantive dispute has not ended.The subjects of Article 286 is one of focus.Construction priority for repayment relates to the subject including outsourcers,general contractor,subcontractor,the actual construction,the parties to the employment of staff,material suppliers.The research of this article focus to subcontractors and sub-contracts.Including the questions such as if the subcontractors applicable to Article 286 of the Contract Law and the ways of rights to be realized..On style,in addition to the introduction and the conclusion,this article is divided into three parts:The first part is the overview of the construction project subcontractors priority for repayment.The first discussed the academic differences of subcontractors applicable construction priority right to be repaid,and the differences in the re-analysis of the reasons put forward our lack of understanding of the subcontract system is also an important aspect of the dispute,and based on this subcontract system of the Chinese Mainland to re-sort,which is divided into sub-specialty construction subcontractor,survey and design subcontractor,decoration subcontracor,subcontractor,etc..Finally,in the Introduction to Comparative Law provisions relevant foreign legislation,and come in many advanced countries to support the construction subcontractors enjoy priority for repayment of conclusions.The second part discussed the establishment and analysis of the construction project subcontractors priority for repayment,purpose to distinguish the Subcontractor's Priority Claim for Payment of Construction Projects.Professional construction subcontractor enjoy priority right to be repaid,because under the current relevant legal norms may be analyzed to determine facts that outsourcers have been involved in the sub-contract,make a conclusion that the principle of privity of contract in the construction project contract was a breakthrough.In addition,the article also be addressed separately from the legislative purpose,the legal value of justice and efficiency,value-added theory point of view,to support the conclusion.Survey and design subcontractor of construction is not applicable for the priority for repayment.Because the interpretation of statute,the legislative purpose of the contractual relationship comes to that conclusion.Labor subcontractor of construction is not applicable for the priority for repayment,because no need,no reason,not for the purpose of construction of the system of priority for repayment,for its debt by the wage priority conservation priority.Invalid subcontracts of construction is not applicable for the priority for repayment,due to produce construction priority for repayment in accordance with the contract,and has a powerful effect against others,the actual construction can not apply for the construction of priority right to be repaid,which claims can be based on the Article 2,Article 25,Article 26 of "construction contract interpretation".The third part is the construction system of subcontractor priority for repayment of the construction.This part analyzes the right to professional subcontractors under construction priority for repayment of the construction of parties to the conflict,which been based on the analysis of the views of the construction of priority for repayment of the reporting and registration conditions are suppliers to the developer;to protect the total package,it can Claim right of Payment of Construction Projects by proveing that subcontractor's Priority Claim for Payment of Construction Projects has be waived or subcontractors debt for projects has paid;in addition,this section also analyzes the subcontracor Suppliers priority claim warranty rights and priority sequence;and finally discusses the construction of specialized subcontractors priority claim to achieve the right path.