Confirmation Of Project Payment In Construction Contract Of Construction Project

As an emerging type of disputes,construction contract disputes,especially the settlement of project funds,the calculation of interest and the date of value,recently have attracted much attention.With the intention of regulating it,the state issued a lot of legal provisions and judicial interpretations about constructions.However,in real life,due to the diversity and complexity of dispute types,there is a deviation in the understanding of the law.It results in the existence of the construction project dispute.Based on the construction contract dispute among Chen,Wang and a peoples government,hereby,the legal analysis and theoretical thinking is made in the following three aspects: the determination of project payment in the field of construction;the calculation of the project payment interest and its date of value;how to identify the date of value of the project payment interest in the case of being affected by the litigation prescription.Furthermore,suggestions and reflections is proposed in view of the identification that the payer pays the valid project payment involved in the construction contract of this case.Thereunder,the first part introduces the basic case,and the dispute point is summarized through the analysis of this case.In the second part,the dispute point summarized is further analyzed: 1.how to identify what the payer paid is the valid project payment.According to the judicial interpretation of construction contract of the supreme law,the identification of the payer of project payment is analyzed,and the validity of paying project payment in the field of construction is deeply illustrated on the basis of laws and regulations.2.In view of how to limit the date of value of the unpaid project payment's interest,combining the beginning,suspension and termination of project payment's litigation prescription in the construction contract with the regulations of Article 18 of the Supreme People's Court's Interpretation of the Law Applicable Law in the Trial of Construction Contract Disputes,I make a much deeper analysis and then come up with my own view.The third part of this paper analyzes the large frame of the case,from individual cases to the whole,thus extending to the field of construction engineering,leading to other problems arising from the case for a simple elaboration.