Exercise Of Construction Project Priority

The article286th of "Contract law" provisions the construction project priority,to provide legal guarantee for the project payment. However, in the judicial practiceof "Contract law" after the implementation of the ten years, because the provisions ofthe construction project priority system is too simple, and the court throughout themaster is not the same as the standard， it causes the contractor to not know whatcourse to take in the exercise of rights，and truly successful realization of theconstruction project priority is rarely. Grim situation of construction industry ingeneral a lot of engineering payment in arrears and not because of the emergence ofthe construction project priority and improved. Provisions of our priority system ofconstruction engineering are difficult to meet the needs of practice. Therefore, fromthe practice of the construction project priority starting, using my experience in largestate-owned enterprises in the construction of many years, combining with theconstruction project priority legislation and the system itself, this article is to studythe problem of construction project to exercise the right of priority.This article is divided into five parts, research of exercise problems ofconstruction project priority.The first part is the main body of the construction project priority exercise. Itanalyzes the various participants of construction projects, and points out that theconstruction of the project general contractor, contractor and sub contractor (theactual construction), the invalid contract contractor, and the Contractor shall enjoy the Construction project priority. They are the main body of exercising the constructionproject priority. Construction survey and design the contractor should not enjoy theconstruction project priority.The second part is the exercise conditions of construction project priority.According to the analysis, the exercise of the construction project priority must be theproject payment conditions have achievement, but not the amount of constructionfunds identified as premise, and the notice procedure after engineering paymentconditions for success is not a necessary procedure. If the construction projectcontract is rescinded, or, the creditor’s right of engineering is transferred, the obligeecan exercise the construction project priority. If the employer only owes the progresspayment, the contractor is unable to exercise the construction project priority. If thereis no corresponding guarantee payment in advance of the circumstances, the behaviorof the contractor giving up the construction project priority is invalid.The third part is the exercise period of construction project priority. This articleholds the view that the exercise period is a scheduled period, there is no concept,interrupt and extended case. The six-month long exercise period can’t be discussedlong or short. The key is to look at how to determine the starting point of time limit.The starting point of the exercise period shall be the project payment date.The fourth part is the scope of the project the exercise of the right of priority.This article holds the view that the priority of creditor’s rights can scope shouldinclude all the project cost, and the loss caused by the employer for breach of contract,should also be included in the scope of priority. The priority of the object can only bethe contractor of the project construction, and it dose not include the correspondingvalue of the land that located the project. After the project transferred, the contractorcan still exercise the priority of the project.The fifth part is the way to exercise the priority of construction engineering. Thisarticle holds the view that the exercise ways that the article286th of "Contract law"regulations should include three kinds: discount, the sale, and the court auction.Discount program and the relief of third people need to be made specific provisions. Itshould refer to the supervising procedure in "Civil Procedure Law" to made the procedures of applying to the court for auction, but it cannot be carried out inaccordance with the procedure of execution.