Conference of “Prevent and Resolve the Disputes arising from Abnormal Price Fluctuation of Construction Materials” Hosted by BAC
On November 25th, 2008, the Conference of “Prevent and Resolve the Disputes arising from Abnormal Price Fluctuation of Construction Materials” hosted by BAC, co-organized by Legal Daily and Chinese Construction Industry Association successfully took place in International Meeting Hall of BAC. This conference was promoted by Legal Daily and the Construction Industry Association and was held under the background that the abnormal price fluctuations of construction materials due to various elements from domestic and abroad results in large amounts of disputes in construction industry and relevant fields. As the first industry seminar of “Focus on Market -Dispute Prevention and Resolution Conference Series” hosted by BAC, this conference aims to provide constructive suggestions and thoughts for the commercial entities and legal professionals of related fields, from the perspective of focusing on the change of the market. The conference also had actively discussion about how to prevent and resolve the dispute.
This conference was presided by Mr. Zhao Hang, an arbitrator of BAC. Mr. Zhu Shuying from Shanghai Jianwei Lawyer Firm,Professor Liu Kaixiang from School of Law in Peking University, Mr. Feng Zhixiang, Vice Director of Beijing Construction Project Tendering and Bidding Management Office, Judge Feng Xiaoguang, Chief Justice of the First Civil Division of the Supreme People’s Court were specially invited as the topic addressers. The conference attracted over 120 participants of construction engineering and law experts from large-scale construction groups such as China Construction, China Railway, Beijing Housing Construction, real estate development companies, famous law firms as well as scientific research institutions. Peers of China Taiwan Arbitration Association also took great interest in this topic. The members of Taiwan Arbitration Association participated the conference through video facilities.
This conference lasted one day and was divided into a morning part and an afternoon part. Four topic addressors delivered wonderful speeches and mutually discussed the topics with participants. On-site participants and the participants from Taiwan Arbitration Association attending the conference through video facilities all showed great interests and passions about the topics and actively communicated their opinions with addressors. The conference was held under active atmosphere and the discussion was meaningful. Through discussion, participants have initially achieved some beneficial thoughts to effectively resolve problems such as “Under the abnormal fluctuations of prices of construction materials and labors, may prices of construction materials in fixed price construction contracts be changed ?”, “When should the fluctuations of prices of construction materials and labors be deemed as abnormal?”, “How to adjust the fixed prices in existing contracts when prices fluctuate abnormally?”, and “Can the direction opinions of local construction administration authority be regarded as basis of judgment?”
As the first special industry focus conference of “Dispute Prevention and Resolution Conference Series” promoted by BAC as a professional dispute resolution institution and in combination with the rich experience accumulated by BAC in construction project dispute resolution field, the Conference of “Prevent and Resolve the Disputes from Abnormal Price Changes of Construction Materials” has obtained anticipated effect. Later BAC will continually focus on the hotspot problems in various fields and offer more professional dispute resolution services for commercial entities through platforms like “Dispute Prevention and Resolution Conference Series”.
Legal Daily made a report about this conference under the title “large amounts of Disputes arise from Price fluctuations – Experts opinion: the Principle of Changing Circumstances shall be applied”. For more information: http://www.legaldaily.com.cn/0705/2008-11/30/content_991163.htm.
（Chen Liangyu）
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