Study On The Damage Burden Of Construction Project Force Majeure

After 40 years of reform and opening up,China's transportation is in all directions,high-rise buildings are in row,airports are scattered,cities are multiplied and expanded,one by one,engineering miracles amaze the world.With the rapid development of the construction industry,the disputes of force majeure in the field of construction engineering are also increasing year by year.The determination of force majeure and the burden of damage have become a hot topic.This paper makes a comprehensive analysis on the problems of individual damage burden of force majeure at home and abroad,and puts forward some pertinent suggestions based on the actual situation of China's engineering construction.The first part is an overview of the construction project force majeure damage burden system.In terms of the concept of damage burden system,this paper introduces the mainstream view,that is,the actual cost increases due to the occurrence of uncertainty,which party or parties should share the increased part of the cost and how to share it.This part also summarizes the force majeure system,including the understanding of the basic concepts and the analysis of the constituent elements.In addition,it introduces the objectivity,certainty and destructive characteristics of force majeure from the perspective of the contract law.The second part expounds the current legal system and existing problems of force majeure in the field of construction engineering.Compared with the relevant provisions of FIDIC contract conditions,and combined with the actual situation of China's engineering construction,this paper discusses the deficiencies of the relevant rules of construction project force majeure damage burden in the code of valuation by bill of quantities.At the legislative level,there is the suspicion of breaking the implicativeness of the dual service contract.On the one hand,it is a little harsh on the contractor,and on the other hand,it is unreasonable for the employer to bear the damage of the unfinished project;on the judicial level,it may lead to different identification and treatment of the same kind of cases,and at the same time,it briefly introduces the main strategies adopted.The third part is to improve the rules of construction project force majeure damage burden.Based on the comparative analysis of the damage burden of the construction project force majeure at home and abroad,and combined with the actual situation of the project in China,this paper tentatively proposes to adjust the current principle of "loss borne by the hit" to the principle of "reasonable burden".In terms of system construction,the author puts forward the assumption that the scope of force majeure damage burden can be divided according to the proportion of labor cost,material cost and engineering foundation cost in the total contract price or the total bid price,and then according to the four types of contract awarding modes in the field of construction engineering,the rules of combining leniency and strictness are made respectively.