TECHNICAL PAPERS
May 15, 2002

Guarantees for Contractor’s Performance and Owner’s Payment in China

Publication: Journal of Construction Engineering and Management
Volume 128, Issue 3

Abstract

This paper first analyzes the problem of default risk that contractors and owners often face in China, then stresses that establishing a construction contract guarantee system is a necessary and effective measure for solving this problem. Policy choice for establishing a construction contract guarantee system in China is presented in this paper by using the experience of developed countries for reference and taking Chinese domestic circumstances into account. Further discussion is included about how to protect contractors from default of payment of owners by exercising the right of legal mortgage in accordance with Chinese contract law.

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References

AIA Document A201: General conditions of the contract for construction. (1997). American Institute of Architects, Washington, D.C.
AIA Document A310: Bid bond. (1970). American Institute of Architects, Washington, D.C.
AIA Document A312: Performance bond and payment bond. (1984). American Institute of Architects, Washington, D.C.
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Bürgerliches Gesetzbuch. (1998). Verlag C. H. Beck, München.
Chinese contract conditions for construction. (1991). 1st Ed., Ministry of Construction for the PRC, Beijing.
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Guarantee law of the PRC. (1995). China Legal System Publishing House, Beijing.

Information & Authors

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Published In

Go to Journal of Construction Engineering and Management
Journal of Construction Engineering and Management
Volume 128Issue 3June 2002
Pages: 232 - 237

History

Received: Oct 3, 2000
Accepted: Jun 13, 2001
Published online: May 15, 2002
Published in print: Jun 2002

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Authors

Affiliations

Xianhai Meng
Associate Professor, Dept. of Construction Management, School of Civil Engineering, Tsinghua Univ., Beijing, PR China, 100084.

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