| With the booming development of real estate and infrastructure construction,the construction industry plays an increasingly important role in the national economy.At the same time,the number of construction project contract dispute cases accepted by the court is also increasing.Due to the professional nature of disputes in the field of construction engineering,especially in the field of project settlement,it is difficult for non-professionals to clear their heads,so cases involving settlement disputes become difficult cases in the court trial.This paper studies the legal issues of settlement of construction project price,which is helpful to clarify the legal relationship of settlement disputes and balance the interests of both parties,so as to effectively solve the settlement disputes of construction project.This paper is divided into the following four parts:In the first part,the typology of construction project settlement dispute cases is studied to summarize the common focus of disputes.This part first case keyword statistics data and the focal point of a classic case of dispute,the second comb through judicial interpretation in terms of the construction settlement,construction project by the above method,to summarize the engineering of disputes settlement of disputes in the high frequency points,and carries on the typed,thus put forward in this paper,the research topics,and select one of the main problems for further research.The second part mainly studies the settlement of invalid construction contracts.First analysis to recognize the court in such cases,the first should be correctly identified the effectiveness of the contract for construction project,this chapter from the construction project contract effectiveness of general principles and specific types of invalid contract,and then summarizes the court in the way of addressing the problem of invalid contract and settlement,and finally become invalid contract settlement "refer to the contract settlement",the main principle,the rationality of proposed own view,as well as to thequestion how specific reference to the discount the scope of compensation should be included for analysis.The third part mainly studies the settlement problem caused by the termination of construction project contract.This section in the form of case introduction,the first study of the termination of the contract for construction project retrospective problem,to analyze the influence of the engineering settlement,termination of the contract,in turn,on the basis of the completion of the project,various stages of the project after the termination of the contract should be taken to classify the settlement method of discussion,in the final analysis engineering settlement confirmation according to the effectiveness of the problem.The fourth part mainly studies the problem of late settlement by the employer.The developer’s delay in fulfilling the payment responsibility is the main inducement for settlement disputes,and the developer usually delays payment in the form of overdue settlement.Judicial interpretation to protect the legitimate rights and interests of the contractor,the establishment of the "subject to the submitted price" system.On the one hand,this chapter mainly analyzes the applicable premise and applicable rules of "subject to review".On the other hand,this paper analyzes the problem of overdue project interest,and from the point of view of the legal nature of project interest,analyzes the problem of interest payment standard and interest settlement agreement. |
