Research On The Priority Compensation Scope Of Construction Project Price

The system of priority compensation for construction projects has received much attention since its establishment.It is a legal means to promote the benign operation of construction projects,and reflects the value of public interest protection and fairness&justice in the process of construction project contract implementation.Based on this,this paper initially discusses the far-reaching significance of the system by defining the scope of priority compensation for construction projects,and analyzes the application of relevant legal provisions.First of all,this paper gives an overview of the legislative sources of China's construction project priority system and raises issues for discussion.The priority compensation system strengthens the protection of the contractor's claims and upgrades the general claims of the contractor to special claims and protects them;it plays an effective role in arrears of construction funds,guaranteeing contractor's claims and protecting vulnerable groups.However,with society developing new problems are constantly appearing in the construction industry.There are many disputes in the judicial practice to define the scope of creditor's rights for construction projects.Construction project priority protection has different legislative models in different legal systems,this paper attempts to explore the legal basis of the establishment of the system by comparing the different legal protection models of different countries,and meanwhile summarizing and sorting out the theoretical viewpoints of the priority of construction projects in China.The law system of mainland's countries and regions have realized the special creditor's right to protect the construction project price through the security property system:Germany stipulates that it is a security deposit;Japan stipulates that it is a privilege first(legal priority);The Taiwan area stipulates that it is a legal mortgage.Anglo-American law states that it is protected in the form of a lien.According to China's existing legal system,this paper agrees to explain and prioritize construction projects with a legal priority model.The main parts of this paper initially analyze the cases in practice,and use the judicial point of view to summarize and sort out the controversial profits,interest,advances,lockout losses,quality warranty and default bond.Therefore,it is found that the judicial practice has a dispute on the concept of contract law and judicial interpretation provisions in the application of law.After that,on the basis of judicial judgment,this paper explains and analyzes the three normative provisions involved in the analysis of the construction projects' priority compensation claims one by one.Finally,the paper examines and reflects on the special issues of the third part,proposing ideas in the hot item project.It is concluded that in the conclusion part,the priority compensation scope of the engineering price cannot be defined according to the scope of general security interest claims.The scope shall be based on the "engineering price" in the specification document and shall be limited by the physical value-added portion of the project.