Analysis Of Difficulties In Construction Contract Disputes From The Perspective Of Judgment

Construction project contract disputes have always been difficult and complicated cases in civil cases.Among them,there are many difficult problems encountered.In judicial practice,local courts have different opinions.Based on the legislation and judicial status of construction contract,this paper uses empirical analysis method,literature research method and inductive summarization method to try to analyze and propose its own treatment through the summarization of three kinds of difficult problems in judicial practice.Opinions,in order to provide some shallow opinions for the unified judicial referee scale,a little bit of power.The first part summarizes and analyzes the legislative and judicial status of construction project contract disputes,summarizes the reasons for the disputes accepted by the people's courts,and summarizes the difficult problems encountered in the trial process.The second part discusses the identification and responsibility of the construction contract subject under special circumstances.Including the identification of the contractor in the cooperative development and construction project and the responsibility of the contractor at the same time,the joint contracting,subcontracting,internal contracting and abutment in the process of contract performance are differentiated according to their different characteristics and forms of expression.Determine the responsibility of each role.The third part discusses the confirmation of the settlement basis of the project price in the construction project contract.It is divided into the effective contract and the invalid contract,in which the fixed price contract,the project price agreement is unclear,the winning contract and the actual performance contract are inconsistent.The fourth part discusses the handling of liquidated damages and interest and advances in construction project contract disputes.From the aspects of the purpose and nature of the liquidated damages and interest system,the legal benefits of protection,and the effectiveness of the contract,the people's courts have dealt with the liquidation of liquidated damages and interest,and discussed the handling of the loan contract when signing the loan contract opinion.