Study Of Application Of Law About Cognizance Of Fixed Price Construction Contract Dispute

Construction contract dispute is known for its complicate facts and multiple kinds of application of evidence,especially of fixed price construction contact,of which,cognizance,cost basis and means of proof are different from other construction contract dispute.To solve the problem of application of law,usually occurs to appraisal,more valid cognizance methods should be figured by means of dividing construction contract to fixed price construction contract and non-fixed price construction contract.Studying the causes of application of evidence by studying<Civil Procedure Law><Several Provisions of The Supreme People's Court on Evidence in Civil Procedures><Interpretation of the Law Applicable to The Dispute Over Construction Contract Cases><Interpretation of the Law Applicable to The Dispute Over Construction Contract Cases II>.Suggested that litigants were aware of the essence of fixed price clauses emphasized by law;Judicial interpretations were to be emphasized and strictly observed;Made burden of proof play its role.