| With the unprecedented development and expansion of China's Construction Industry both in speed and in scale, more and more contractors and construction enterprises has entered the construction market seeking for opportunities of more extensive cooperation. A lot of terms in the PRC's Construction Engineering Contract (Sample) which was enacted in last century are no longer applicable or completely applicable to the ever developing international and domestic construction industry. Hence, the author has conducted a comparative study on terms and conditions concerning investment control in FIDIC Conditions of Contract for Construction and the Sample of PRC's Civil Engineering Contract for Construction, looking into and summarizing the practical experience in last century acquired during the implementation of the construction contract, so as to improve, perfect and modernize the sample of the construction contract to meet the needs of both international and domestic construction enterprises. The aforesaid is the major background and outline of the essay.The essay consists of the following key contents: I. Introduction: include research background, the status quo and existing problems of the PRC's construction contract, and the aim, significance and method of the research; II. the main contents of the two contract texts, text structure, legal foundation, and a comparative analysis on some terms about investment control; III. a comparative research on the contents and characteristics of the terms of payment for construction price of two contract texts; IV. a comparative study on the terms of claim for compensation of the two contract texts and case analysis of some claim cases; V. Countermeasures and suggestions for perfecting the sample of PRC's construction contract, mainly focusing on the significance, aim, method, key points and policy suggestions of perfecting the investment control terms of the sample of construction contract; VI. Conclusion and prediction.The basic contents and research achievements of the essay play an important role in increasing the managerial level of the construction projects in our country and promoting the competitiveness of the construction enterprises in our country. Furthermore, the essay is a valuable reference for the related department or association to perfect the sample of construction contract of our country and the related policies. |
