Discussion On Liability Of Project Delay That Cannot Be Attributed To The Contractor

Project delay is a common phenomenon in the performance of the construction contract,which shows the developer or the contractor's violation of their time obligation stipulated in the contract.The contractor's time obligation do not have to say,the construction contract has more direct and clearer agreement,this article no longer repeats.Based on the analysis of the construction contract disputes,this paper only makes an in-depth study on the delay that cannot due to the contractor,in order to balance the interests of both parties.Project delay refers to the phenomenon that the actual time limit for the project is longer than the agreed time limit.The key to.determine project delay is to confirm the actual time limit.The determination of the actual time limit involves two important time nodes,namely,commencement date and completion date.About the commencement date,the article discusses three standards,they are the agreed start date,the date of conditions satisfied and the actual start date.About the completion date,the article also discusses three standards,they are the agreed completion date,the date of completion acceptance and the actual completion date.Secondly,the paper analyzes the types of delay that cannot be attributed to the contractor,which includes the delay of the developer and the delay cannot be attributed to both sides.Then,combined with typical cases,the paper discusses the cause of delay and the imputation of delay.Thirdly,based on the imputation of causes resulting in delay,the paper discusses the delay responsibility of the developer,embracing the following four methods:extending the contract period,compensating the loss of the contractor,and allowing the contractor to terminate the contract.It also discusses the contractor's claim procedure and claim basis.Finally,the article discusses the arrangement of project risk in construction project contract.Based on these different arrangements for the contractor and the developer's,the contractor can ask the developer to extend the contract period,pay a reasonable cost,or terminate the contract when the delay cannot be attributed to both sides happened.