Analysis of Rights and Obligations between Employer and Contractor of Construction Contract for Construction Project (ID: 1-046)

摘要

The construction contract is a contract identifying the rights and obligations between Employer and Contractor in a construction project. Although the Construction Contract for Construction Project in China has continuously developed, with the globalization of the construction market after entering WTO, there are many aspects in the Construction Contract for Construction Project worth being modified and perfected comparing with the Conditions of Contract for Construction of FIDIC. Through comparing the Construction Contract for Construction Project with the Conditions of Contract for Construction, six aspects of equality relationship of rights and obligations between Employer and Contractor, that is Performance Certificate and Employer's Financial Arrangement, Provisional Sum, Advance Payment, Interim Payment, Retention Money, and Unforeseeable Physical Conditions, are identified and analyzed. Then some proposals to the problem are provided to make the Construction Contract for Construction Project more perfect, to protect the benefits of Employer and Contractor and to promote the healthy development of the construction market.