What are the responsibilities for breach of the construction contract

In the legal system of contract, if one party violates a legal and valid contract, it shall bear the corresponding liability for breach of contract in accordance with the law; Liability for breach of contract is the abbreviation of civil liability for breach of contract, which refers to the civil liability that should be borne by one of the parties to the contract if it fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the contract. The form of liability for breach of contract, that is, the specific way of assuming liability for breach of contract. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

1. Responsibilities of the contractor:

1) Due to the poor quality of the survey and design or the delay in the submission of survey and design documents on time, the survey and design unit shall continue to improve the design, and reduce or exempt the survey and design first fee until the loss is compensated.

2) If the quality of the project does not conform to the provisions of the contract, the employer has the right to request free repair or rework or reconstruction within a time limit.

3) The delivery time of the project does not meet the provisions of the contract, and the overdue liquidated damages shall be paid.

2. Responsibilities of the employer:

1) If raw materials, equipment, sites, funds, technical data, etc. are not provided in accordance with the time and requirements specified in the contract, in addition to the extension of the project date, the contractor shall also be compensated for the actual losses caused by the stoppage and nesting of work.

2) If the construction is stopped or delayed in the middle of the project, measures shall be taken to make up for or reduce the losses, and at the same time compensate the contractor for the losses and actual expenses caused by the stoppage, nesting, reversal, relocation of machinery and equipment, and backlog of materials and components.

3) If the survey and design are reworked, suspended or the design is modified due to the change of plan, inaccurate information provided, or failure to provide the necessary survey and design working conditions on time, the cost shall be increased according to the actual workload consumed by the contractor.

4) The project is not accepted, used in advance, and the quality problems are found, and they are responsible for it.

5) Acceptance or payment of project costs beyond the date specified in the contract, and repayment of overdue liquidated damages.

Article 788 of the Civil Code.

A construction contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design and construction contracts.

Article 789 of the Civil Code.

The construction project contract shall be in written form.

Article 790 of the Civil Code.

The bidding and bidding activities of construction projects shall be carried out openly, fairly and impartially in accordance with the provisions of relevant laws.

Article 795 of the Civil Code.

The content of the construction contract generally includes the scope of the project, the construction period, the start and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of the quality warranty and the quality assurance period, mutual cooperation and other terms.

1. Compensation for losses.

2. Pay liquidated damages.

3. Take remedial measures.

4. Continue to perform.

1. The situation of the contractor's breach of contract.

1. Transfer all or part of the rights of the contract to others, and transfer all or part of the obligations of the contract to others;

2. Without the approval of the supervisor, evacuate the construction equipment, temporary facilities or materials that have entered the construction site according to the contract;

3. The use of substandard materials or engineering equipment, the quality of the project does not meet the standard requirements, and refuses to remove the unqualified project;

4. Failure to complete the work agreed in the contract in a timely manner according to the contract schedule, which has caused or is expected to cause a delay in the construction period;

5. Failure to repair the content of the defect list listed in the project acceptance certificate or the defects occurring during the defect liability period during the defect liability period, and refusing to repair it according to the instructions of the supervisor;

6. The contractor is unable to continue to perform or clearly states that it does not perform or has substantially ceased to perform the contract;

7. Other circumstances in which the contractor fails to perform its obligations as agreed in the contract.

2. Circumstances under which the construction contract is allowed to be terminated.

Article 563 of the Civil Code?? The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

The contract shall be terminated when the construction of the Hesun buried cave is in breach of contract with the specific party:

1. If the contract cannot be performed due to other breaches of contract by Party B, both parties to the contract may terminate the contract.

2. The contractor subcontracts all the projects contracted by the contractor, and the employer has the right to terminate the contract;

3. If the parties do not pay the project payment (progress payment) as agreed in the contract, and the two parties fail to reach an agreement on deferred payment, resulting in the construction being unable to be carried out, and the contractor stops the construction for more than 56 days, and the employer still does not pay the project payment (progress payment), the contractor has the right to terminate the contract. then withered.

The contractor of the construction contract shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The constructor shall complete the construction of the project within the agreed time limit, and if the delivery is overdue or the quality of the construction project does not conform to the agreement, the constructor shall bear the liability for breach of contract.

Liability for breach of contract that the contractor shall bear for breach of contract.

There are many cases of breach of contract by construction contractors, and there are three common default situations of Bi Ma Deficiency:

1. The project cannot be completed according to the completion date agreed in the agreement or the extension period agreed by the engineer due to the contractor's reasons;

2. The contractor's reasons for the quality of the project do not meet the quality standards agreed in the agreement;

3. Other circumstances of non-performance of contractual obligations or non-performance of obligations as agreed in the contract. If the designated construction materials are not used in accordance with the contract, it is also a breach of contract. Therefore, in order to judge the breach of contract by the contractor of a construction project, it is necessary to look not only at how the construction contract is agreed, but also at what breaches of contract the contractor has actually carried out, so as to judge whether the contractor has breached the contract and whether it needs to bear the liability for breach of contract.

What are the ways in which the employer bears the liability for breach of contract?

The employer's liability for breach of contract is assumed in the following ways:

1) Pay liquidated damages, and pay a certain amount of money when the employer fails to perform or improperly performs its contractual obligations;

2) Compensation for damages, economic compensation in the event of property losses caused by breach of contract;

3) Continued performance, where the court or arbitration authority makes a judgment requiring actual performance or issues a special performance order to compel the employer to perform the contractual obligations within a specified time limit.

Legal basis: Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, repenting and defending to take remedial measures, or compensating for losses.