The Acceptance Obligation Of Employer Upon Construction Project Completion

For construction project contract,the completion acceptance behavior of employer is not only related to contractor's fulfillment of its debts,but also the legal effects of receiving works on traditional debt law.In practice of engineering,there is a general situation in which employer delays the performance of completion acceptance obligation.Due to the imperfections in creditor fulfilling obstacle patterns by current laws in China,and the practical dilemma of completion acceptance criteria of construction projects in China,comparison method must be used to solve such problems.After clearly clarifying the attributes and legal effects of employer's completion acceptance obligation,it is possible to propose integrated rules based on loopholes of the current employer's completion acceptance criteria.In addition to the introduction and conclusion,this paper is divided into four parts to discuss employer 's completion acceptance obligation:The first chapter mainly introduces the attributes and legal effects of completion acceptance.This chapter analyzes and contrasts employer 's completion acceptance criteria for the German Civil Code,the Civil Law in Taiwan Region of China and the Chinese Contract Law to discuss legal attributes of contractor's completion acceptance obligation,and then summarize the legal effects after completion of acceptance,including the expiration of contract price,the transfer of risk burden,and the beginning of defect liability period and the quality warranty period.The second chapter mainly introduces the principle of substantial completion.On the basis of explaining practical dilemma of completion acceptance criteria of construction projects in China,this chapter discusses concepts and practical experiences of the substantial completion standards originating from Anglo-American legal system,and then sorts out extensive practice of the principle of substantial completion and its legal effects.The third chapter mainly introduces the defects of current completion acceptance rules in China.This chapter mainly starts from three judicial cases in China,and discusses some shortcomings of current employer's completion acceptance criteria,including the lack of substantial completion principles,the loopholes in the rules of fiction of completion acceptance,and the lack of completion acceptance rules for independent parts of project.The fourth chapter mainly introduces integrated rules of completion acceptance obligation under the background of compilation of the Civil Code.On the basis of defects of completion acceptance rules discussed in the third chapter,the corresponding suggestions of integrated rules are put forward.At the same time,according to the important supplementary status of model contract texts to China's engineering law system,revisions of model contract texts are proposed.