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在工程建设领域,违约、发包人拖欠工程款、工程担保失控等法律风险屡见不鲜,给企业带来严重的经济和名誉损失。如果有足够风险防范意识和到位的防范措施,风险可防可控。违约责任如何约定违约责任是建设工程施工合同的重要条款。违约责任设定得完善与否直接影响着合同双方在合同履行过程中的主被动地位。大量的案例表明,因为在设定违约金条款时缺乏预见、违约后果规定得过于笼统并未作量化、未设定上限等,导致建筑企业在出现工期逾期时被对方索赔高额违约金,或者在对方违约时,乙方的大量损失无法援引违约责任条款向对方索赔。
In the field of engineering construction, legal risks such as default, contract payment in arrears by the employer, uncontrolled project guarantee and other legal risks are common occurrence, causing serious economic and reputation losses to the enterprise. If there is enough risk prevention awareness and preventive measures in place, the risk can be prevented and controlled. How to stipulate liability for breach of contract is an important clause in construction contract. The perfect setting of the liability for breach of contract directly affects the active and passive positions of both parties in the performance of the contract. A large number of cases show that because of the lack of foresight in setting the terms of liquidated damages, the consequences of the breach of contract are too general and not quantified, the cap is not set, resulting in construction enterprises in the event of overdue claims by the other party a high liquidated damages or When the other party breached the contract, Party B could not invoke the liability for breach of contract to compensate the other party for its substantial losses.