In general, the project is not completed until it is completed and accepted. Therefore, the passage of unfinished works refers to two situations: one is that the project has been completed, but has not been completed and accepted; The other is that the construction of the project is not completed, so that the completion acceptance cannot be carried out, but it is not excluded that the acceptance of the inspection batch, the sub-project and the sub-project is carried out.
The premise for the contractor to claim the price of the construction project is that the quality of the project is qualified, and the contractor can not only refuse to pay the project price if the project quality is not qualified, but also claim compensation for losses according to the actual situation. Therefore, the premise discussed in this article is that the contractor's priority right to compensation is that the quality of the project is qualified, but the construction of the project is not completed.
In practice, the situation of unfinished projects is more complex, but it can be roughly divided into three categories: one is the employer's reasons; One is the contractor's reasons; One is the third-party reason. The first two are easier to understand, and the third person generally refers to policies, regulations and other human factors. Such as the revision of laws, regulations and policies, land use rights disputes, regional planning adjustments, regional environmental height limits, and military strategic layout.
There is a view that the contractor's priority right to be compensated under the quality of unfinished work should be limited to the reasons of the employer and the third party, and the unfinished work caused by the fault of the contractor should not enjoy the priority right of compensation. There is also a view that the right of priority for compensation of the project price does not require that the contractor is at fault for the unfinished work, and the fault of the contractor cannot be used as a condition for whether the contractor has the priority right to be compensated for the project price.
The author is also inclined to the latter view, that is, if the contractor is at fault for the unfinished project, it does not affect its right to priority payment of the project price. First of all, the Civil Code does not restrict the conditions for the exercise of the right of priority to be compensated for the project price. Second, the right of priority for compensation actually protects a large number of industries upstream and downstream of the contractor, and the upstream and downstream of the contractor involves a wide range of people and affects the overall situation, so the priority right protects not only the rights and interests of migrant workers. Thirdly, for a project that is not completed due to the fault of the contractor, the employer may claim the corresponding civil liability, but the priority of the project price shall not be affected.
The quality judgment of unfinished projects is a major difficulty in practice. The passage can be judged by the following steps:1In the case that the data and procedures in the construction process are complete, and each step of the procedure has corresponding data records, the quality of the corresponding sub-project can be preliminarily judged according to the process data. Because the inspection lot is a very small unit, the functional role is too small, so it is not recommended to consider it. 2.In the case that the process materials and formalities are incomplete, the contractor shall provide evidence that the quality of the completed project is qualified when claiming priority compensation, and when necessary, the judge shall explain the burden of proof, and the contractor shall apply for appraisal if the evidence cannot be presented.
If the sub-contractor enters the site for construction after the former contractor has withdrawn, how should it be judged? Under normal circumstances, the former contractor should have completed the process of whether the quality of the project is up to standard, but in practice, in view of the relationship between the contractor and the employer, it is often impossible to advance this work, and it is often the later contractor and the employer who confirm the quality of the project of the former contractor. If the subsequent contractor continues to complete the quality of the project and the experience is qualified, the work of the former contractor shall also be deemed to be qualified. If the quality of the subsequent contractor's successive completion of the project is not up to standard, in addition to being able to prove that there are problems with the quality of the previous contractor's project, the former contractor shall also be deemed to be of satisfactory quality.
The author has already talked about whether profits can be compensated in priority for the discount of construction projects or auction prices in the article **10,000 Powder Incentive Plan. Based on the system interpretation, it is obvious that the profits contained in the completed project can be compensated in priority by the project price. In practice, the more controversial issue is whether the contractor can enjoy priority compensation for the expected profits of the unfinished project. It is affirmed that the expected profit falls within the scope of the project price and should be supported. The negative theory holds that the profit generation comes from the income of the project, and the unfinished project does not generate income and should not be supported. 
Whether the expected profits of the unfinished works can claim the priority right of compensation should be discussed on a case-by-case basis. 1.The expected available profits are a kind of liability for breach of contract caused by the failure of the employer and the contractor to strictly perform the contract, which belongs to the losses of one or both parties, so it is not possible to claim that the expected profits enjoy the priority right to compensation. 2.The cause of liability for breach of contract belongs to the employer, the contractor or a third party. If it is due to the contractor's or a third party's reasons that cause the contractor's unfinished work to be expected to obtain profits, the author is inclined to support it. If the expected profit is not much, for the contractor with a large amount of business, it may take the initiative to give up participating in the bidding work from the time of bidding, and many projects have little or no profits in the early stage, and most of the profits are concentrated in the back. In this case, it would be unreasonable not to pay the expected profits from the unfinished work.