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Research On Legal Issues Related To Price Disputes In Construction Project Construction Contracts

Posted on:2020-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2416330596493971Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,under the conditions of market economy,the government has only carried out macroeconomic regulation and control on the construction market.The main actors of construction have participated in competition on an equal basis according to market rules.The rights and obligations of all actors are independently agreed by the parties through signing contracts.With the continuous deepening of China's market economy reform and the gradual improvement of relevant legal systems,the government gradually faded out of specific economic activities,and in turn strengthened macroeconomic regulation and control and service functions.Ownership relations and market players have gradually become clear,and the way in which assets are transferred is mainly based on contractual relationships based on law.The construction project contract is a kind of contract with special nature in the project contract type contract,and the contract dispute is ultimately attributed to the project settlement dispute.Due to the huge engineering standards and the wide range of projects involved,the settlement of construction projects often touches the distribution of interests of all parties and becomes a frequent point of contradictions and disputes in the construction project contracting legal relationship.How to properly handle such disputes is of great significance for maintaining the order of the construction market and promoting the healthy development of the construction industry.In recent years,China's construction market has prospered and developed rapidly.It has absorbed a large number of migrant workers' employment and has promoted the development of a series of related industries,especially the rapid development of the real estate market in the past decade.The construction industry can be seen everywhere in the country.In the midst of a hot scene,the construction industry has become an important growth point for China's national economic development and one of the most important pillar industries of China's national economy.As the construction market continues to develop,new problems continue to emerge.For example,there are also some problems such as low quality of construction projects,irregular behavior of construction market,insufficient investment in construction,and difficulty in settlement of construction funds.The phenomenon of special arrears of construction funds has seriously infringed upon the legitimate rights and interests of construction enterprises and migrant workers.This goes far beyond the economic and legal issues and has evolved into a social issue that has attracted the attention of the party and state leaders.Construction project settlement disputes can be said to be a sensitive topic that affects the whole body.Properly solving the settlement disputes of construction projects can not only solve the specific economic disputes of the parties,but also play an unexpected role in stabilizing the overall situation of society.The inherent characteristics of the construction project construction contract: professionalism,complex contract texts,and many industry practices,etc.,the relevant laws and regulations are issued earlier,and the principles are compared,so that the principles and regulations of the current laws and regulations It has become increasingly unable to adapt to the development of the new situation and cannot cover all the problems in the construction project contract disputes.Especially in terms of contract validity,“black and white contract”,quality guarantee return,and priority repayment,in the course of trial,judges and lawyers of both sides often have large differences in understanding the provisions,and certain legal issues are specific.If the application is not uniform,and the application of these laws will not be resolved,it will not only affect the final outcome of the case and the fairness,uniformity and efficiency of the judicial system,but also hinder the settlement of the arrears of construction funds as soon as possible.Therefore,this paper attempts to analyze the above issues and hopes that laws and regulations will further improve and supplement this.
Keywords/Search Tags:The price dispute, black and white contract, quality margin refund, priority repayment
PDF Full Text Request
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