实践中建设工程类案件争议焦点绝大部分是关于合同价款、质量以及工期。同一案件中这三种争议往往互相纠缠着交叉存在,其中又以工期延误责任认定最为复杂。保证工期如期完成有承包人的责任,也有发包人在内的建设工程参与者共同的责任,此外还有不可归责于承发包双方的原因存在,多事件交叉原因引起的工期延误责任认定十分复杂。由于发包人、承包人的原因导致工期延误,双方都有索赔意识,会留存好有利证据,本文仅从不可归责双方原因导致工期延误这一视角浅析证据规则及风险规避。 In practice, most of the controversial construction project cases focus on the contract price, quality and construction period. In the same case, these three kinds of disputes are often entangled with each other, of which the liability for delay in construction is the most complicated. Guarantee the completion of the project on schedule as the responsibility of the contractor, but also the contractor construction project participants, including the common responsibility, in addition there are two reasons can not be blamed for the existence of contract, multi-event caused due to cross-cause of the delay liability is very complicated . Due to the delay of construction period caused by the outsourcer and contractor, both parties have a sense of claim and will retain favorable evidence. This article analyzes the rules of evidence and risk avoidance only from the perspective of not being responsible for the delay of the duration caused by both parties.