Research On Legal Risk In The Construction Contract

With the sustained and rapid development of China’s social economy and the growing speed of urbanization construction, the construction industry has become the second and the third industry investment growth point of stability. Compared with other investment construction project investment, which has the characteristics of complex project, long construction period, the construction project contains many risks in the whole construction process. In order to study how to control the legal risk of the construction contract which the employer has to face to, this thesis is divided into four parts to analyze this problem.The first part of clear definition of the concept of the construction contract, and the characteristics of legal risk faced by the employer. For the first part of the writing purpose lies in the concept of the construction contract clearly discussed in this paper, the characteristics and the legal risks faced by the employer to be classified.The causes and consequences of the second part of the paper focuses on the legal risk of contract for construction project in the analysis, this part mainly from the two aspects of subjective and objective analysis of the causes of the legal risk of contract for construction project. For this part of the writing is the main purpose of the legal risk causes of the construction contract analysis, points out the research direction for the prevention and control of the law risk.The third part is the relevant legislation in our country at present about the construction contract risk prevention and control which the employer has to face to, mainly analyzes the two problems in legislation is not perfect. The purpose of the study is from the research in China about the construction contract the employer risk prevention and control of the situation and legislation related to the lack of legislation, put forward relevant suggestions on how to perfect the legal system, from the angle of perfecting the construction contract in the legal risk prevention and control.The fourth part is combined with the practical experience of the construction contract, contract risk prevention system of legal research, including perfecting the construction project contract management system and the establishment of the construction project contract legal risk evaluation system, and puts forward the legal risk prevention and control method is feasible, effective protection of the legitimate rights and interests of the people.