Engineering contract dispute, it is to show engineering contract concludes before coming to be fulfilled completely, because contract party understands generation different meanings or the agreement because of party breach of contract to the clause of the contract, assumed obligation answers to wait for the issue that produces consequently formerly in nonperformance contract. The matter that produces engineering contract dispute is very complex, but common controversy has the following sides.
One, project cost pays main body controversy
The contractor is defaulted what money of project of a huge sum already became the common occurance in whole construction domain " regular job " . Often appear the person sending a package of the project is not the construction unit with real project, be not the obligee of the project. Below this kinds of circumstance, send those who wrap a person not to have project cost normally to pay ability, the contractor should hold the right to who, in order to safeguard the central point that its close right beneficial to be able to become controversy. Here the circumstance falls, the contractor should straighten a relation, search breach, hold the right to the right person that send a package, in order to make sure legal right does not suffer enroach on.
2, project plan money pays, complete settle accounts and careful price dispute
Although already listed the project is measured in construction contract, agreed contract money paid for something purchased or received for something sold, but the meeting in actual construction has a lot of change, condition of the modificatory statement that includes to design change, engineer to sign and issue, spot changes, and the metric method project that cause estimates increase and decrease. The change that this kind of project measures almost everyday or every months of metropolis happens, and the contractor applies for project plan money every months in its normally list in forms for reporting statistics, the hope gets (additional) pay, but because have different opinion and meet with with the engineer,often refuse or protracted not definitely. Work and did not acquire payment amount what these already were over actually, as a result of accumulate over a long period, in construction later period the likelihood increases a very large number, the person that send a package more do not wish to pay, create bigger difference and controversy consequently.
In whole construction process, the person that send a package often is met when paying a project the money by plan the opinion according to the engineer, the due of the finishing already Cheng that deducts those project amounts that they did not grant to affirm or existence quality problem, this kind of outstanding money is accumulated rise to form the amount with very large brushstroke possibly also, make the contractor feels cannot bear and arouse controversy, and this kind of controversy is in of construction in later period may more and more serious. Because did not get handle project money enoughly and must come down project plan rein in,the contractor can think, and the person that send a package can think in project plan protracted circumstance falls to cannot pay a contractor any money more more, this can form vicious circle and make conflict grows in intensity.
Mainer is, the circumstance that the many person that send a package has not fulfil in capital falls to begin project, cause the person that send a package contractor of requirement of leave no stone unturned mat endowment construction, do not pay imprest, as far as possible protracted pay settle accounts of plan money, protracted project and project careful price the process, the rights and interests that causes a contractor cannot get safeguard, arouse controversy finally.
3, project time limit for a project is protracted controversy
The incur loss through delay of time limit for a project of a project, because complex matter is caused,often be, should distinguish each square responsibility often very difficult. Agreed in a lot of term and conditions of contract penalty due to breach of contract of complete exceed the time limit. Often can discover, the person that send a package asks the contractor undertakes the responsibility of breach of contract of project complete exceed the time limit, and the account that because a lot of hair hires a person,the contractor offers reachs the time limit for a project such as force majeure to answer corresponding postpone, sometimes the charge that the contractor still asks with respect to the extension of time limit for a project the person that send a package assumes shutdown enforced idleness due to poor organization of work.
4, safe damages controversy
Safety of the damages that installs total damages controversy to include issue of photograph adjacent concern to cause, equipment, construction personnel safety, construction brings about itself of safety of the 3rd person, project to produce the controversy of the respect such as safe accident. Among them, the frequency that issue of concern of project phase adjacent produces is taller and taller, main body of its drag in and property value are increasing also, already became the issue that people cares very. " building law " the 39th regulation: "Construction site is right bordered building, build content and special work environment to may be caused damage, building construction company ought to adopt safe preventive measure. Building construction company ought to adopt safe preventive measure..
5, project quality and guarantee controversy
The controversy of quality respect includes the place in the project not to accord with the technical standard that the contract agrees to ask with material, offerred equipment performance and norms not agree with, perhaps cannot produce the eligible product that gives contract provision, perhaps pass function experiment to cannot achieve output demand of the regulation, construction and installation have serious flaw to wait. Main in construction process show is controversy of this kind of quality: Engineer or requirement of the person that send a package are demolished and carry away unqualified material, or redo of do poorly done work over again, after perhaps be being repaired, give depreciate deal with. To equipment quality problem, common after experimenting with function at be being debugged, the person that send a package does not agree to check and accept turn over, the demand replaces equipment or component, return money even and recoup pecuniary loss. And the contractor thinks blemish is to be able to be corrected, or course of study already was corrected; Check methodological mistake to producing equipment quality to consider as function, the raw material that perhaps makes product place investment is unqualified the issue that perhaps handles a side, quality controversy often becomes for liability issue controversy.
In addition, in guarantee period blemish rehabilitate problem often is the support of the people that send a package the focus of contractor controversy, send blemish of project of rehabilitate of contractor of the requirement that hire a person especially and the contractor is protracted repair, or the person that send a package entrusts the 3rd person to have repair to project blemish with respect to proper motion without informing a contractor. Here the circumstance falls, the person that send a package should be in of obligate guarantee gold deducts corresponding repair expense, the account that the contractor maintains generation blemish is absent contractor or hair bag person did not fulfil announcement obligation and its repair expenses affirms without its and do not grant to agree.
Come from: Civil engineering net
