The Application Of The Rule Of Changed Circumstances In The Construction Contract

In recent years,it has maintained a high growth rate of construction building in China.Disputes often occur in construction contract field,and most of the disputes are about the application of the rule of Changed Circumstances in the construction contract.This article attempts to combine the theory of the rule of Changed Circumstances and practice of construction contract,and to discuss the significance and what should be noted when apply the rule of Changed Circumstances in the methods of theoretical analysis and case analysis.The first chapter provides an overview of the rule of Changed Circumstances,in order to have a more comprehensive understanding about the theory of the rule of Changed Circumstances and its current legislation.The second chapter introduces the applicable requirements and legal effect of the rule of Changed Circumstances,to clarify the applicable standards and legal consequences of the rule of Changed Circumstances.Through introducing the concepts of the construction engineering and features of the construction contract,combining with the analysis of current situation of the rule of Changed Circumstances,the third chapter gets the practical significance that the rule of change circumstances is applied in construction contract.The fourth chapter is the focus of this article.Through the analysis of 33 typical cases,this chapter summarizes the status of the application of rule of Changed Circumstances in construction contract and analyzes more contentious issues the practice.Finally,through the analysis of representative cases,the chapter thinks that we should focus two issues when apply the rule of Changed Circumstances,which one is whether the terms of the contract can exclude the application of the rule of Changed Circumstances,the other issue is the recognized standards of unconscionability in construction contract.