The Research Of Contractors’ Priority Of Compensation After Project Construction Contracts Expire

There is no clear law judging if contractors have priority of compensation for project funds after project construction contracts expire.The theory circle and practical circle have two different opinions.This thesis determines the priority of compensation for construction project as legal hypothec,which proves not the nature of affiliation but the nature of legality.When legal conditions are met,contractors’ priority of compensation doesn’t observe the main contract.This thesis based on analyzes many judgments on priority of compensation for project funds by local courts and other relevant guidance,then expounds and verifies the judging rules for contractors’ priority of compensation after contracts expire.The existence of project funds claims is the essential condition for asserting rights,including projects’ quality,time on claiming rights,construction project’s character and that law suit to claim rights are the realizing condition for courts to decide contractors have priority of compensation.In addition,the expiry causes of contracts shall be considered.If the contracts expire result in contractors’ reasons,the priority of compensation shall belimited to reflect the value orientation of the wrong party.To summarize recent decisions on contractors’ priority of compensation after contracts expire by local courts illustrate that most of courts take the sustaining attitude.After reading the relevant published judicial interpretations,on the principle of fairness,this thesis provides preference for sustain contractors’ priority of compensation through the research from the methed of goal interpretation and system interpretation and combining with our national conditions and the current development of construction market.