论文部分内容阅读
在建设工程合同履行过程中,发包人常处于较为被动的地位。因工程进度延误、建设费用增加、承包方不配合撤场等现实问题,使发包人在维护自身合法权益、解决与承包人纠纷时,往往十分慎用合同解除权,法律赋予发包人的该项权利难以发挥其应有的功效。本文将通过笔者处理的一起建设工程合同纠纷实例具体说明,如何通过充分的事前准备,并配合一定的技巧,使发包人有效行驶合同解除权以保护自身合法权益。
In the process of construction contract performance, the employer is often in a more passive position. Due to the delay of construction schedule, the increase of construction cost and the incompatibility of the contractor with the withdrawal of the actual problems, the Employer is often very cautious of using the right of rescission when the contractor is trying to defend his legitimate rights and interests and the contractor, The right to play its due effect. This article will explain in detail the cases of construction contract disputes handled by the author together. How to make the contractor effectively drive the contractual right of cancellation to protect his legal rights and interests through adequate preparation in advance and with certain skills.