Quality Transfer Of Construction Project Without Completion Acceptance

The construction project contract dispute has been increasing in recent years,without the completion of the acceptance of the construction project quality risk transfer is a more serious problems.Based on the analysis of "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes" Article 13,we can find out the problems in judicial practice,puts forward some improvement suggestions.This paper consists of four parts:The first part of the problem is proposed,through a case on behalf the mainstream view of the court about without the quality risk of construction project completion and acceptance of the transfer problem.at this stage of different courts to"Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes"Article 13 for the understanding and treatment the problem.Found that the court in dealing with this kind of problem very stylized and simple,and,has different understanding with "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes"Article 13.Judge's decision is basically such a statement: "As the contractor without the completion of the acceptance of unauthorized use of the construction project,in accordance with the "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes" Article 13,for The contractor asked the contractor to build the project maintenance,the court does not support.But in the application of the article on the premise of controversy.I believe that the "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes" Article 13 is simple and not strict.The second part is the legal concept of clarification,"Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes" Article 13,mustdefine the concept of relevant laws,this paper explores the relevant laws,put forward to "without the completion and acceptance," "unauthorized","use" understanding,in order to clear without the completion of the construction project of the quality of the premise of risk transfer.The third part is the scope of engineering quality risk transfer.Mainly expounds the warranty responsibility does not transfer responsibility for the quality,the foundation construction and the main structure of the transfer occurred,and expounds the provisions of whether to add exceptions.The fourth part is the application of the "Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Project Construction Contract Disputes" Article 13.First of all,the author summarizes the problems in judicial practice,such as: the understanding of the relevant concepts should not lead to confusion,the application of a single set of conditions,the scope of the transfer of the responsibility for the quality of risk is not a problem.Then,according to the problems,the author gives some suggestions on how to perfect the application: the first is to define the concept,the other is to define the scope of the quality risk transfer,and the third is to apply the exception of the law.