自国家颁布《中华人民共和国经济合同法》和建设部下达《施工合同管理办法》以来,合同管理在建筑业全行业普遍得到了加强,对规范业主和承包商的产易行为,推动建筑市场活动正常运转起到了积极的作用。但是,由于种种原因,较长一段时间来,合同纠纷和违约现象时有发生。据笔者近几年来所接触到的事例和情况,其主要原因归纳如下: (一)签订和履行合同的法律意识淡薄。为数不少的承发包双方,他们不把合同作为法律 Since the promulgation of the “Economic Contract Law of the People's Republic of China” and the “Administrative Measures on Construction Contracts” issued by the Ministry of Construction, contract management has been generally strengthened in the entire construction industry. It is of great importance to standardize the production of homeowners and contractors and promote the construction market activities Normal operation has played a positive role. However, due to various reasons, a long period of time, contract disputes and defaults have occurred. According to the author in recent years have come into contact with the cases and circumstances, the main reasons are summarized as follows: (a) sign and perform the contract the legal awareness of the weak. A large number of contracting parties, they do not contract as a law