A Legal Analysis On Project Fund Disputes Between Two Companies Xining-Xinghe And Qinghai-Guoliang

Construction industry is one of the primary industries of national economy, it works an increasingly important part and function during the development of the national economy and society. But along with the vigorous development of the construction industry, in practice there are massive construction contract dispute, various major, construction contract problematic cases appear constantly and troubling our judicial practice. The parties to take legal such a weapon to safeguard their legitimate rights and interests, become thorny problem. Because the contract actions of contract parties is not perfect and construction engineering of the use of new technologies, such as the existence of such contract situation in performance in the disputes the cognizance of the related responsibility, therefore, the more difficulty is also to judicial personnel disputes in solving such brings some challenges. Trial practice cognition and practice is uneven. In different courts or the same court for the same kind of different judges the reasons and results judgment in accordance also each are not identical, tend to make public of legal suspicion, reduce the majesty of the law.This paper to occur in Qinghai's Xining Xinghe industry &trade Co., LTD, the lawsuit Qinghai Guoliang comprehensive trade limited company construction contract dispute, for this example, from the first to second trial on which facts and the legal aspects of disputed point discussed and analyzed from the jurisprudential analysis, trying to clear this case to both parties the focus of dispute. This paper mainly analyses how to determine the case on the amount of the bond debt and how pay that engineering pre-project cost subject two aspects of controversial point; In addition, also for grain industry &trade company postponed the nineteen eighty-four penalty and related interest and a controversial penalty focus made certain level analysis. And then puts forward the solving relevant disputes, and try to put forward some Suggestions on preventing such contract disputes; the legal measures Spread enact and perfect relevant legal thinking, to "contract law" the 286 bar stipulated in the value of the project contractor right to seek preferred payments from the jurisprudential right discussed sex analysis; In the field of construction also put forward some enhance the consciousness and collect evidence save relevant evidence suggestion. In hopes of similar construction contract dispute case of judicial referee provide certain help and reference, so as to promote the construction of socialist modernization viability, promote the progress of socialist legal career.