Research On Legal Practice Of Construction Contract

Broadly speaking, a contract for construction project includes construction engineeringsurvey, design, construction, supervision contract. In practice,most disputes is theconstruction contract. The reasons of the dispute are as follows:a seriously law is out oftouch with the actual situation, laws and regulations are not perfect; also,the mainmarket’s behaviors in building engineering area are not standardized, as well as the lackof construction investment and the weak legal consciousness; moreover, due to theprocess of fulfilling the contract, supervision is not in place, resulting in poor constructionquality etc.. In this paper, we have a serious discuss about practice link likely to causedisputes during the construction practice, including the signing of construction contracts,evaluation of legal effect of the contract, and the balance between the rights andobligations among the employer, and the actual builders and the breach of contract andliability for breach of contract are discussed as well. Therefore, this article focuses on twopoints of the legal practice, how to minimize disputes in practice as well as in the dispute,how to ensure that the parties’ legitimate rights timely guaranteed, besides conclusion part,the paper consists of three parts.The first part is the introduction, which mainly introduces the reasons for choosing thetopic, research status, research significance, research purpose, research object, researchmethod and the historical development of the construction contract.The second part focuses on the establishment and the legal effect of contract ofconstruction project, and the problems should be paid attention to in the performance ofthe contract. Construction of the subject matter of the contract is mainly infrastructure,housing and other real users, the employer is not usually the actual users of a constructionproject, the project’s quality often has a great influence on third people, so the compulsoryintervention of law has been implemented on construction contract more. At present, thenorms for adjustment of the contract behavior construction include national laws,regulations, policies etc, the national restrictions about entry into force of the constructioncontract are very strict. However, the strict control of the contract does not bring theengineering quality improvement, on the contrary, large quantities of constructioncontracts are confirmed to be invalid for violation of the provisions of law, the law is theoverhead also the authority of the law is affected. How to handle and understand correctlythe spirits of the relevant legal norms and correctly judge the legal effect of the relatedbehaviors are the focus of this part.The third part is mainly to bear the liability for breach of contract. In this section,which mainly introduces the contractor (including the actual construction) of the liability for breach of contract, the employer’s liability for breach of contract, and the penalty formode and fault distribution principle.