Research On The Effect Of Preemption Of Construction Project Priority

The priority of construction project means that after the completion of the construction project,the contractor fails to perform the obligation to pay the price according to the contract.If the reminder is still not fulfilled within a reasonable time limit,the contractor's preference for the auction and sale of the construction project it constructs will be given priority.Right to receive compensation.Article 286 of the "Contract Law" stipulates that the construction project priority system aims to protect the interests of construction workers through the special protection of the contractor's claims,so as to maintain a healthy and orderly development of the construction market.During the construction of the construction project,the contractor needs a lot of financial support.The bank can provide loans to determine the fate of the contractor.The contractor's construction project will be given priority to receive priority payments and the bank's mortgage rights.Therefore,based on the maintenance of interests,the bank often uses the contractor's prior abandonment of construction project priorities as a loan condition.Therefore,the contractor facilitates the use of its advantageous position to require the contractor to abandon the prioritization of the construction project in advance,and the contractor must resort to it for the sake of obtaining economic benefits.Due to the lack of a unified standard for determining the effectiveness of the contractor's prior abandonment of construction project priorities,disputes in the doctrine have resulted in confusion in the results of judicial decisions.The Supreme People's Court has stated in the “Explanation on Several Issues Concerning the Application of Law to Construction Contract Dispute Cases”(Draft for Comment)that the contractor should be deemed to be effective based on its true intention to give up the priority of the construction project,but it is in the official manuscript and This article does not appear.Therefore,there is still a lack of uniform standards for contractors to abandon the validity of construction project rights in advance.In the first part of this paper,combining with relevant judicial cases,the contractor's effectiveness in giving up the priority of construction project is analyzed.At present,there are three doctrines for whether the contractor gives up the priority of the construction project in advance: the valid statement,the invalid statement and the effectiveness to be determined.By analyzing related cases,the three types of doctrines are integrated and their reasons are analyzed,which lays a good foundation for judging the contractor's prior abandonment of construction project priority.The second part of this article starts with the principle of public order and good customs,and analyzes the effectiveness of the contractor's prior abandonment of construction project priorities.Through the combination of subjective and objective factors of deceptive behavior judgment,it is known from analysis that,in principle,the contractor's prior abandonment of construction project priorities does not violate public order and good practices,and should be considered valid,but there are also exceptions that are invalid due to violation of public order and good customs,such as,affecting the interests of many third parties.The third part of this paper takes the contractor's prior abandonment of the priority of the construction project in principle as effective and considers its revocable exceptions.The first section of this paper discusses whether the contractor enjoys the right of revocation.Because of the unequal status,the contractor's prior abandonment of construction rights may be revoked because it constitutes a clear-cut fairness.Therefore,this part combines the subjective and objective elements of unequal fairness,and discusses under what circumstances the contractor has given up the unfairness in advance.The second section of this paper studies whether construction workers enjoy the right of cancellation of creditors.As the compensation of construction workers is part of the project price,the contractor's prior abandonment of the priority of the construction project is likely to damage the interests of the workers.This section combines the constituent elements of the creditor and underwhat conditions the construction person can exercise the cancellation right to withdraw.The contractor's preemptive action to determine his own interests.