On The Priority Of The Construction Project

What this paper discusses is the priority of the constructer, which hasn't got an absolute definition. The writer intends to talk about this kind of priority in the views of concept, character, property, source, legislation in some other countries, problems existing currently and the methods to make it perfect. Different scholar has different statement on it. However, the writer prefers to identify it as the priority. The priority of the constructer means that the constructer in the construction contract has the right to get the money purchased for the project sold first to compensate the cost of the constructer. This kind of right is like priority better in the view of property. No matter we identify this right as mortgage or lien in law, it will conflict with the legal system what we use currently. However, we can definite this right as a priority as the advanced countries do and identify this priority as a guarantee according to a series of characters. As settled in the Article 286 of the Contract Law,"Where the employer fails to pay the construction price, the contractor may urge the employer to pay within reasonable time. If the employer fails to pay with the time limit, except for those not suitable to be converted into money or auctioned in accordance with their character, the contractor may convert the project into money after negotiation with the employer. He may also apply to the People's Court for auction the project in accordance with governing law. The construction price shall be reimbursed out of funds from the conversion or auction of the project with priority."The problem is that the law couldn't protect the constructer's right effectively. The writer thinks the reason is that the legislation is not complete and the scholars do not understand the definition well. In this paper, the writer talks about some methods to make the legislation perfect and play well in practice.