On Priority Of Construction Project

The priority of construction project is a special right in the system of real right of security in our country.Its establishment is of great significance to the balance,the unequal status of the developer and contractor,the protection of the trading order and security in the construction market and the protection of the interests of peasant workers.However,the preemptive system of construction projects in our country is not yet mature,and the current law has not fully comprehensively stipulated the priority of construction projects,resulting in its ineffective utilization and insufficient application in judicial practice.The system needs to be further studied and improved.On the basis of explaining the conception,characteristic and nature of priority of construction project,this paper comprehensively expounds and analyzes the scope,condition,method and effect of priority of construction project one by one.At the same time,combining with the actual situation in our country,and put forward corresponding suggestions to improve the priority of construction projects in our country.The first chapter introduces the background,significance,research ideas and research methods of selected topics,focusing on domestic and foreign research literature on the issue.Chapter ? Overview of Construction Engineering Priority.First of all,it explains the concept and characteristics of construction project priority,and then analyzes the nature of construction project priority based on the three theories,and finally sorts out the legislative status quo of China's construction project priority.The third chapter is the main body of construction project priority.This chapter focuses on the subject of priority of construction projects,and analyzes in turn the dominant positions of inspectors,designers,subcontractors,actual contractors and contractors of invalid contracts.This chapter thinks that from the point of view of effectively safeguarding the interests of migrant workers,the dominant position of the actual contractor and invalid contractor should not be denied according to the validity of the contract.If the construction project passes the examination and acceptance and the construction price still needs to be paid.Chapter ? is the establishment and realization of construction engineering priority.This chapter first analyzes the establishment time of the construction project priority,and argues that registration is not a necessary condition for its establishment.Then the intensive procedures for the realization of construction project priorities,methods,deadlines and the scope of compensation were discussed in detail.This chapter believes that the reminder is not a necessary procedure for its realization,and its implementation can be freely negotiated by the parties or through special procedures.The duration of its exercise shall be different depending on the specific circumstances.The scope of its exercise shall include not only the contractor's actual expenditure expenses,but also the legitimacy of the expected profit's priority for compensation.Chapter ? The validity of construction project priority.This chapter analyzes the effectiveness of the priority of construction projects,focusing on the issue of the priority of the construction projects when they are in competition with the rights and obligations of the mortgage,consumer rights and other claims.