Risk Analysis on the Payment of the Goods on the Site in a Construction Contract
Materials and equipment suppliers (here in after referred to as suppliers),as one of participants in the construction project,have borne a risk of failure to receive the payment after the delivery of materials and equipment to the site in accordance with the contract. Once the contractor goes bankrupt before paying the suppliers,the liquidator or the recipient will often deny the debt with regard to the delivered materials and equipment by Bankruptcy Law,and only pay a small fraction of the bill to the supplier,and sometimes even pay nothing. Thus the suppliers tend to suffer a great loss. In addition,there are no relevant laws and regulations in China,expressed or implied,for the payment of the goods after arrival on the site and their ownership in a construction project,which has become the root cause of disputes. Therefore,a reasonable definition of the ownership transference of the goods on the site is the key to solve this problem. For the balance of risks,the delivery of goods on the site should be defined as goods installed on the entities of the construction project. In this way,the risk not only is shared reasonably by the contractors and owners,but also ensures the basic interests of the suppliers. So the definition is suggested here to fill the gap in a construction contract.
goods on the site ownership dual payments fund risk
LI Su-lei HE Bai-zhou
Shandong University of Technology,Zibo China,255049 Beijing University of Civil Engineering and Architecture,Beijing China,100040
国际会议
The 2010 International Symposium on Project Management(2010年首届工程管理国际研讨会)
江苏沭阳
英文
171-173
2010-07-01（万方平台首次上网日期，不代表论文的发表时间）