Research On The Legal Problems Of Construction Project Disputes On Payment Settlement

In recent years,with the rapid development of economy in our country,the construction industry has developed vigorously.The construction project widely exists in various fields of social life,and has become one of the important supports of the national economy.However,the target amount of construction project is often larger,and the project scope is broader.Once the disputes arise,not only the social and public interests may damage,and social stability may be affected.In the construction project disputes,the construction project cost settlement problems directly relate to the economic interests and often touch the interests of all parties.Therefore,the resulting construction project settlement dispute has become the multiple points of the construction engineering disputes in the legal relationship.If the construction project settlement dispute can be solved timely and properly,not only the concrete economic disputes can be solved,but also it plays an important role on maintaining the social stability.However,the dispute must rely on legal means to solve,and the related research lack.Therefore,in order to better solve and prevent the construction project settlement disputes,the title of “the legal problem of construction project settlement dispute” was chosen,the systematic research of the legal problem of construction project settlement dispute carried out.The aim of the thesis is to clarify the legal basis of construction project settlement,to construct a multi-level solution for the disputes,and to seek the corresponding legal countermeasure.The following five aspects were respectively discussed:In the first chapter,the research background of the thesis was mainly analyzed,and the research significance was discussed.Through summarizing the related literature,the research contents of the thesis were put forward.In the second chapter,the basic theory of construction project settlement was mainly discussed firstly.Then,the current related laws and regulations about construction project settlement were summarized.The key factors,the related laws and regulations of construction project settlement were analyzed in detail.The legal basis for solving the dispute will be provided.In the third chapter,several major legal risks about the settlement disputes from the current construction project problems were discussed and analyzed mainly firstly,which led to the deeper understanding about the legal risks of the disputes.It will be beneficial to put forward the reasonable solution.In the fourth chapter,aimed at the ways for solving the disputes,the common used alternative dispute resolutions in the international construction engineering were mainly analyzed.The judicial appraisal of the construction engineering cost,which provides the professional technical support for the judiciary,was analyzed too.Then,the legal basis and main means of the current domestic construction project settlement dispute resolutions were detailedly discussed.The legal guarantee for the different resolutions was provided.The problems in the ADR way were further analyzed.The personal suggestions were proposed,which has the reference value for solving the disputes.In the fifth chapter,for preventing the construction project settlement disputes,the improvement of legal policy,the establishment of the legal team,the strengthening of the contract management and more attention of the legal effect were discussed,respectively.The personal suggestions were proposed for the reference.If this dissertation can provide the better solution for the dispute problems of the construction project settlement,and can play a guiding role in the reality of construction project settlement disputes,the purpose of this thesis will achieve.