| 英文摘要 |
In civil engineering practice, a common issue of default, named Concurrent Delay which is not only attributable to the contractor (contractor), but also the owner (orderer), or in most cases, to the third party, even force majeure, is one kind of the most complicated dispute. Among the Delay disputes, the occurrence of Concurrent Delay is disturbing. The main reason is no preventing terms or clauses in the contract. Moreover, without a precise definition, classification and legal effects, Concurrent Delay become a tough issue.In practise, if the contractor is attributable to the work delay, the construction period should not be extended, and the contractor can’t claim to their counterparty, the owner, in this situation. This article took the common delay of a real case regarding rezoning turnkey project as an example for examining the methods, including“Overdue Liquidated Damages”(A theory),“No Liability for Damages”(B theory),“Compensation for Damages Liability theory”(C theory), and added the insights of“No Compensation Liability Compensation Theory”(D theory), proposed by legal professionalism, and supplemented by economic analysis to test various treatment methods besides. And“No Damage Compensation Liability Compromise Theory”(D theory) is the best way to deal in the domestic construction environment by this article, and is fullfilled the dual goals -“fairness and justice”and“extreme wealth”under economic analysis. |
