Research On The Priority Of Compensation For Construction Project

The problem of arrears of Engineering funds has always been a long-lasting topic in the construction industry,and this problem reflects that there are still some shortcomings in our legislation on Contractor' s engineering price compensation.In order to ensure that the contractor can get the project price from the employer,the contract law gives the Contractor a special right,that is,the priority of compensation.In order to facilitate the contractor to exercise this right,the Supreme Court has promulgated two judicial interpretations to ensure the implementation of the Contractor's rights.Even in this way,the contractor still has some problems when exercising the priority to receive compensation.This article will discuss these issues with these questions,and through the study of the views of the relevant scholars,consult the opinions on these issues in the judiciary,and put forward the corresponding suggestions in combination with their own views.This article carries on the research from the following several aspects,in order to achieve own research goal.The first part mainly illustrates the research status of this problem in the academic circle,and shows the purpose of the study and the expected results,as well as the research methods applied in the process of this study.The second part is a brief overview of the legislative status of the system and the shortcomings of the legislation.In the second half of this chapter,it mainly analyzes the nature of the right of priority compensation.Through a brief summary of the different theories in academic circles,combining with the understanding of this paper and the legislative tradition and legislative background of our country,the author shows his own viewpoint.The third part combines the actual cases in the administration of justice,through the analysis of the cases,find out the problem.Finally,according to the viewpoint of relevant scholars and the judge's decision basis and result,this paper thinks that the project price is superior.The subject of the first right of compensation should be expanded,the scope of the exercise of the priority right of compensation should be clarified,the act of the contractor giving up the right of priority compensation should be regarded as having legal effect,the date of completion of the project should be refined;For the contractor and consumers before the rights of the game,should be further refined.The fourth part,combined with the third part of the question,combined with the results of its analysis,put forward corresponding suggestions.It should be made clear that the actual constructor also has the right of priority to be reimbursed;it should be made clear that the contractor may exercise the prior right of payment for the actual loss caused by the contractor' s breach of contract,and that the contractor may request the contractor for breach of contract.Where a punitive liquidated penalty is paid,the contractor shall not enjoy the right of priority to be reimbursed for this part of the creditor's rights;the contractor may give up the right of priority payment,but the contractor' s renunciation is not as good as that of the actual constructor;and without prejudice to the interests of the contractor,Increasing the protection of consumer rights and interests.