The Comparative Research On The Claims Under The Standardized Construction Contract In China And FIDIC Contract

The construction project,well-developed in our country,has already taken an important role in driving the growth of economy.However,owing to the long time span,complex situation and other factors of the construction project,claim disputes occur so frequently that effective and reasonable claim will be called for urgently to protect the legitimate interests of the parties involved in the contract and to promote the orderly development of China's construction projects,as well as to occupy a favorable position in the international construction market.Compared the claims of construction project under the contracts in china and by FIDIC,this paper intends to offer some suggestions to advance the development of construction project in China in view of difficulty of Chinese current construction project reality.Hereby,this paper will be achieved by these following five parts:First,the shape and significance of this research,the literature review of domestic and foreign project will be briefly covered in introduction.Second,the definition of construction project claim,the relationship between construction project claim and the responsibility of breaching the contract and the reasons that lead to claims will be taken as theoretical basis.Third,with a reputation of "rule of the game",contract made by FIDIC has been well-developed in content and long-standing in history.Then comparative research on the claims under the standardized construction contract in China and FIDIC contract will be explored further in terms of the covering of claims,the authorities of engineers and the measures to handle disputes.Fourth,as regard to reality,the problems of construction claims in China through comparative research will be analyzed,such as incomplete construction contracts,inadequate authority of engineers.Finally,all foundation in chapter 3 and 4 paves to draw the conclusion that there will be different perspectives to spot out countermeasures to improve construction contract in China.