A Study On The Deadline Of Priority In Compensation Of The Construction Project Cost

The current law of our country construction project price priority claim to the provisions of the term "contract law" article 286 th,it was formally established by the construction contractor priority system and the provisions of the employer did not pay for projects under the circumstances,after a reasonable period of time to priority;in June 2002 the Supreme People's Court issued the "official reply on the priority of claim in construction project(hereinafter referred to as the" problem "approved"),in order to enhance the application of contract law on the priority of construction regulations,starting point and further defined the priority and the priority of the exercise duration.Although the "contract law" article 286 th of the creation of the construction project priority system,to protect the interests of the contractor better is worthy of recognition,but to define a reasonable period of time is relatively rough,too much randomness,that cannot be applied in practice.The completion date and the completion date of the contract determined by the approval as the starting point and the definite exercise period are six months,which is even more controversial.This paper discusses the existing problems of the priority period of construction project in China's law,and then discusses the current laws and regulations related to the priority of construction projects in China.Finally,it analyzes the issue of the duration of the priority of construction projects and puts forward its own opinionsIn addition to the introduction and conclusion,this paper mainly consists of the following four parts:The first part,starting from the "contract law" article 286 th and the Supreme People's court "approved" on the construction project and indemnification of the question and the Supreme People's court "on the law applicable to the construction contract dispute cases the interpretation of" relevant provisions of our existing laws and regulations and judicial interpretations for the construction of priority the existing regulation claim to the analysis of the issues,the priority of claim to the starting point,to lay a good foundation,provide reasonable direction reminders and exerciseduration problems during the reporting period for the following analysis of the construction project.The second part,according to the fourth provision of the reply,stipulates: "the time limit for the construction project contractor to exercise the priority is six months,which is calculated from the date of completion of the construction project or the date of completion of the construction contract." This part first discusses the establishment time of the priority of the construction price,then classifies the starting points of the priority claim of construction project to simplify the complicated starting points.Finally,it distinguishes the starting points of different subjects exercising priority.The third part is determined from the "contract law" article 286 th the contractor to the employer that the priority of claim in construction project before,should the employer for exhortation and give a reasonable period of exhortation to discuss reasonable period exist in the contract law of China on the priority of claim on construction problems in in the analysis of problems at the same time in a reasonable period of time are defined,and on whether a reasonable period of time shall be included in the exercise period of six months were discussed,in order to reduce the dispute in practice.The third part is determined from the "contract law" article 286 th the contractor to the employer that the priority of claim in construction project before,should the employer for exhortation and give a reasonable period of exhortation to discuss reasonable period exist in the contract law of China on the priority of claim on construction problems in in the analysis of problems at the same time in a reasonable period of time are defined,and on whether a reasonable period of time shall be included in the exercise period of six months were discussed,in order to reduce the dispute in practice.