Analysis of Construction Law Cases (New Edition)

Author: Wang Tianyi
Publisher:
Publish Date: 2003-07-01
Features: This book is the author's latest work on case analysis of construction law, following the publication of "Case Analysis of Construction Law" in 1999. "Case Analysis of Construction Law" was reprinted three times after its release, with over 10,000 copies sold, which is a gratifying achievement for such specialized works. At the request of the publisher and some readers, the author has collected more cases and compiled this book. The book largely retains the original structure designed based on the "Construction Law" and related theories. The legal issue index compiled at the end of the book was well-received by readers and has been preserved, with its content entirely updated to reflect the newly compiled cases. In addition, this book is essentially entirely rewritten, with only three or four cases from the original book retained. All other cases in this book are newly collected by the author from various sources. Notably, the most significant change in this book is the extensive collection of cases from the Supreme People's Court. Nearly half of the cases in this book are judgments from the Supreme People's Court. The Supreme People's Court holds the highest authority and possesses the highest level of judicial expertise, and its judgments carry undeniable guiding significance for courts at all levels across the country. Additionally, the cases in this book are primarily presented in their original judgment form, which helps readers understand the real situation of judicial trials in China. In the analysis section of the book, the author has carefully incorporated the latest changes in national regulations and judicial interpretations, while also striving to reflect relevant international practices, particularly those of the FIDIC Contract Conditions. In this section, the author has also focused on analyzing the gains and losses of the parties involved in the cases and how to draw lessons and experiences for enterprise management. Furthermore, unlike other case analysis works, the author has pointed out the usual tendencies of courts in handling certain issues in multiple places, such as the typical approaches courts take in dealing with issues of unfairness, coercion, and the addition of third parties in litigation. Understanding these issues is undoubtedly helpful for lawyers in selecting litigation strategies and for parties in comprehending the practical application of relevant laws. It should be noted that, due to various reasons, disputes in the field of construction in China are still relatively preliminary, primarily concentrated on settlement disputes and disputes over unpaid project payments. Many typical cases, such as those involving bid and tender disputes, disputes over changes in construction conditions, and disputes over project modifications, are still difficult to find in China. Additionally, Chinese courts have limited understanding of international practices in construction, and judgments that do not align with common international practices are not uncommon. China has joined the WTO, and court judgments urgently need to align with international standards. However, due to content constraints, the discussions in this book are very limited. The author's other work, "Legal Practices of Construction Contracts and Claims," is primarily based on the judicial practices and relevant theories of foreign courts or arbitration institutions in construction cases, combined with China's laws, regulations, and judicial interpretations. By reading this book alongside "Legal Practices of Construction Contracts and Claims," readers should gain a more comprehensive understanding of the theory and practice of construction law.