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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,由于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,另一方的大量损失无法援引违约责任条款向对方索赔。违约责任应该充分预见各种可能的事件,并对后果予以规定违约责任条款的预见性在于应尽可能预见未来对合同履行有影响的因素。
Liability for breach of contract is an important part of 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 due to the lack of foresight in the setting of liquidated damages clause, the consequences of the breach of contract are too general and not quantified, the cap is not set, resulting in construction companies in the event of overdue claims by the other party a high liquidated damages or When the other party defaults, the other party can not invoke a large number of damages the terms of the breach of contract claims to each other. The liability for breach of contract should fully foresee various possible incidents and provide for the consequences. The predictability of the liability clause for breach of contract lies in predicting, as far as possible, the factors that will have an impact on the performance of the contract in the future.