Study On The Contractor’s Priority Of Payment For Construction Projects

The right of priority to be paid for the construction project price is a right that is clearly stipulated by the law to give the contractor the priority to be paid for the value of the construction project discount,auction and sale over other ordinary creditors for the project payment creditor’s rights that cannot be paid by the contract letting party.As a legal priority,the right of priority to be paid for the construction project price should be enjoyed by the assignee of the project payment creditor’s rights based on the rules of the assignment of creditor’s rights.The surveyor and designer should not enjoy the priority.The contractor of the decoration project that can be separately discounted and auctioned should enjoy the priority.The subject matter of the priority right of repayment of the construction project price shall not include the land use right corresponding to the building,and the quality guarantee deposit and advance payment shall be included in the scope of the project payment creditor’s rights.When the contractor’s construction project price priority right conflicts with the mortgage right,the mortgagee should be conditionally given the right to sue a third party for cancellation.When the construction project price priority right conflicts with the housing buyer’s right of expectation,the priority of compensation should be comprehensively judged in the case by the theory of fair settlement,supplemented by the theory of the right of expectation of property rights and the theory of the right of survival.The starting point of the exercise period of the right of priority,namely "the date of the Employer’s payment for the project",shall be discussed according to whether the amount of the project payment is determined by classification.The determination of the effect of giving up the exercise of the right of priority in advance shall be based on the standard of "whether it damages the interests of construction workers" and set necessary procedural restrictions.The exercise of the right of priority is not limited to the litigation procedure,and can also be claimed through written letters.