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What is the legal basis for the claim for force majeure in construction projects?
The laws and regulations on construction project claims include: general principles of civil law, contract law, construction law and other clauses related to construction project claims. Various demonstration texts of construction projects issued by the Ministry of Construction can also be used as industry practices and as the legal basis for construction project claims. The General Principles of Civil Law stipulates the principles of breach of contract and tort. The Contract Law not only stipulates the principle, but also the construction project contract in Chapter 16 of the Contract Law specifies the liability for compensation caused by breach of contract in detail. For example, Article 283 of the Contract Law stipulates: "If the Employer fails to provide raw materials, equipment, site, funds and technical data according to the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for losses such as work stoppage and slowdown;" Article 284 stipulates: "If the construction of the project is stopped or postponed due to the employer's reasons, the employer shall take measures to make up for or reduce the losses and compensate the contractor for the losses and actual expenses caused by work stoppage, slowdown, reverse shipment, relocation of machinery and equipment, and backlog of materials and components." To sum up, it can be seen that the legal basis and contract basis of engineering claim are quite complicated. The contractor must have a special person to study the contract, manage the contract, sort out the claim basis in the terms of the contract, and use these bases to make legal construction claims in order to obtain benefits or reduce losses.
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