Black-and-white Contract Of Construction Projects "Legal Questions

With the rapid development of market economy, construction has become an area of urban development, job placement, an important factor in the rapid development of the national economy, corresponding to the emergence of outstanding payments, wages for migrant workers and other social problems,"black and white contract" also came into being."Black and white contract" phenomenon in the field of construction projects in China a long time, especially in recent years, with the construction industry in the country the prevalence of "black contracts" in the large-scale infrastructure projects in common. The existence of this phenomenon is the Employer and the construction side of the economic outcome of the game, is the process of development of market economy the only way for the construction market to improve, their formation is a deep and complex social background. In judicial practice, an accurate grasp of the construction project "black contract" means a clear definition of "black contracts" in nature and principles of law, the correct understanding of the relevant laws and regulations applicable to the stability of the construction market, to protect the safety of transactions is of great significance."Black and white contract" in legal effect on the uncertainty of trading activities to the safety of construction projects caused a lot of uncertainty, contract disputes and even litigation can easily induce the risk of such transactions, increase transaction costs, the risk of adverse trading consequence is that growing "for projects in arrears" exacerbated the problem, and directly related to the "polygonal debt", owed wages for migrant workers, engineering, quality and safety issues. Therefore, a clear understanding of "black and white contract," the potential dangers of in-depth analysis of a "black contract" conflicts based control "black contracts" may result in the loss of risk has become a construction project and need to focus on the parties to explore of an issue.In this paper, based on the theory of law, to borrow a combination of practical and theoretical research methods or ideas, use cases, comparative analysis and other methods, to the construction project, "black and white contract" to study the legal issues. First, the article begins from a case of import, proposed the construction project, "black and white contract," the relevant legal issues, followed by an overview of the construction project "black contracts" meaning, causes, and the difference between the contract change, and its manifestations are discussed again its legal effect, and put forward opinions and, finally, for the construction of "black and white contract" issues involved, to propose specific prevention and control measures.