| The implementation of Article 286 of the Contract Law has led to the emergence of "countermeasures" in China’s construction market.In order to protect their legitimate rights,issuing to the loan to employers,some banks request contractors give up their construction rights priority when employers contract construction contract with the contractor in the future.In order to obtain the project,the contractors often agree to waive the priority of construction works in the contract.The real estate agents ask the contractors to waive the priority of the right to obtain bank loans,because the contractor’s compensation priority is prior to the bank’s mortgage.This will be an increase of bank mortgage risk and also an increase to the difficulty of developers’ loans.There are different opinions on the validity of this waiver clause in the theoretical realm and practical realm.This paper first analyzes the theoretical basis of the priority of the construction project priority,and then analyzes the effectiveness of the extrinsic method... |
