The Principle Of Change Of Circumstances Applies To Construction Contracts For Construction Projects

Through the analysis of the judicial cases from 2017 to 2022,the judicial application status of the principle in the construction contract is understood.The current court is more conservative and cautious in the application of the principle.The principle applied in the field of construction engineering exists difficult problems and the court and the party is more controversial on the application of the principle,above the judicial present situation is the main cause is that the applicable standard of the principle is fuzzy,situation change can be agreed to exclude is not clear and the legal effect of the principle applied is unclear.Clarifying the applicable standard of the principle of change of circumstances in the construction contract can provide the judicator with correct judgment guidance,and judge the "unforeseeable" elements by following the thinking path of legal interpretation.No matter what the price form of the construction contract,it is possible to apply the principle,and the exclusion clause of the principle of change of circumstances only has binding force within the scope of the agreement.Change of circumstances beyond the scope of foresight shall apply.The principle shall be determined as the applicable time range of the construction contract from the date of the Notice of acceptance to the completion of the project.Clearly define the criteria for judging "obviously unfair" from the two aspects of causality and whether the range of price fluctuations is normal.The principle mainly applies to the types of causes,which helps to clarify force majeure and business risks,and make it clear that abnormal price fluctuations,national macro-control policies and force majeure events can be objective causes.Reconstructing the legal effect of the principle can achieve the balance between the autonomy of the parties and the discretion of the judge,constructing specific rules for the premise of the obligation to renegotiate,amending the principle of secondary effect,and clarifying that judges have the authority to adjust and determine the content of changes in the modification of contracts,so as to unify the judicial adjudication of the principle of change of circumstances in construction contracts.