A Study Of Guarantee Liability About Blemish In Construction Engineering

China is a big country in the construction industry.As the country’s construction and development going on,the construction industry will continue to play a pivotal role in China’s economy.For construction projects,the quality of buildings is quite important.The defect warranty liability system is derived from the Roman law and inherited and developed by the civil law countries and regions.Its scope of application has gradually expanded from the sale and purchase contract to the lease contract and the employment contract,thus forming a relatively perfect system of defect warranty liability guarantee.However,the independent liability for the defect warranty is not stipulated in China’s ’Contract Law’,neither in the employment contract nor the construction project contract.Instead,it is integrated in the liability for breach of contract.This paper leads to a study of the responsibility system for the defects of construction engineering by the case in the preface.This paper includes four parts.The first part starts from the concept of defect warranty liability and the characteristics of construction project,and defines the connotation and type of construction project defect.The second part combines the engineering practice to elaborate the constituent elements and the identification standard of the guarantee responsibility of the construction project defect,and analyzes the relationships between the liability of the defect and the liability of the general breach of contract,the responsibility of the warranty and the responsibility of the defect.The third part analyzes the relationship between the several remedies of the liability of the defect,and analyzes the conditions and orders of the remedies in the practice.The last part gives some opinions on several typical questions according to our actual situation.