| Liability for breach of contract is a very important clause in the contract for the construction of a construction project.It is the basic guarantee for the parties to the contract to perform on time.The interests of the parties are of great importance,but the actual content of their research is less.This article analyzes the case of a construction engineering contract dispute,combines relevant laws and regulations,sorts out the breach of contract and the liability in the construction project construction contract,and proposes relevant prevention and handling opinions.The first part of this paper mainly describes the basic case and summarizes the two contentious points of the case.The second part focuses on the controversial focus of this case,and combines the case with commentary and discussion.First of all,from the four essentials of the construction project contract and the related clauses of the contract,it is concluded that the applicant and the respondent have entered into legal and effective contracts,and the respondent has breached the contract.Secondly,based on Article 114 of the "Contract Law" and the liquidated damage clause in the case of 17.5.5 in the case,the applicant is also judged to have breached the contract for overestimating the price of the counterfeit construction project.However,the amount of the breached contractual penalty does not conform to the legal agreement.To be reduced.Then according to the unjust enrichment and composition elements of the right of set-off and in combination with the case,it is judged that the respondent has arbitrarily deducted the breaching penalty calculated by the applicant for overstatement to offset the project payment.There is no legal basis for the compensation,which is an improper benefit and should be returned.The third part mainly analyzes the reasons why the construction unit overestimates the cost of the construction price,and puts forward some suggestions for the prevention and handling of the overestimate. |
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