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Research On Construction Project Construction Claims Under The Perspective Of Fair Principles

Posted on:2023-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:L Q LongFull Text:PDF
GTID:2556306914452624Subject:legal
Abstract/Summary:PDF Full Text Request
Construction engineering claims refer to the construction project of the construction project,and the parties to the contract do not cause losses or bear the work other than the contract for their own reasons,and request the other party to give compensation for the construction period or fee.Construction projects have increased the risk of engineering project construction due to long working period,large engineering scale,large construction nodes,high investment costs,and relatively complicated construction environment,which has increased the occurrence of engineering project construction,which makes the occurrence of claims.Build the entire process.However,the current construction claims of construction projects still have the problem of less claims and low claims.This article mainly studies the construction claims of construction projects from the perspective of fair principles.First of all,the main problem of the current construction claims of construction projects is to question the fairness of the issuance of claims.,I assume the responsibility other than the contract;some contractors abuse claims,regard claims as a profitable tool and their own confusion of claims to question the fairness of the construction of the construction project.The market advantage in concluding the contract for construction contract will affect the follow-up cooperation between the two parties and dare not claim;the supervisory engineer is commissioned by the contractor,and the contractor pays the salary,and then the fairness of the claim as the"owner’s agent" will be dealt with.There are doubts.Secondly,through research and analysis of the fairness of construction claims from the perspective of fairness,it is found that the construction project construction claims are generally fair as far as the current claim mechanism.Essence In all aspects of the construction claims of construction projects,the principle of fairness is to properly handle the cornerstone of the construction claims of the construction project,which is specifically reflected in the principle of the processing of construction claims for construction projects.The method of dealing with the principle of formal justice and the exception of essence and justice;the distribution of risk liability between the issuance and contractor is also in line with allocating justice;and the result of the claims is based on the contract,based on facts,and strictly follow each of each.The party’s intention to autonomy is obtained,and the calculation of the cost of claims is not punished.However,the claim system will cause many problems in the process of practical operation.There is still a lot of improvement of my country’s construction project construction claim system.The claims make some improvement suggestions.It is hoped that through the research of this article,the contractor’s fair cognition of the construction of construction project construction claims,encouraging the issuance and contractor to learn to actively claim,timely use claims to resolve disputes,resolve disputes before the lawsuit,so as to save justice saving judicially The role of resources,protecting the rights and interests of the parties,and the successful implementation of the project determined by the construction contract,and accumulate claiming experience for international engineering construction projects.
Keywords/Search Tags:Construction project construction, engineering claim, fair principle, compensatory principle, encourage claim
PDF Full Text Request
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