Protection Of The Rights And Interests Of The De Facto Builders’ In The Construction Contract

The notion of the actual constructor is that under an invalid contract, without any administrative license or governmental qualification, the constructor is engaged in a construction project or performs a construction contract by means of attaching or affiliating, or illegally subcontracting. Having not had a qualification, incidentally the actual constructor will be faced with the litigations of clearing of contract price or those of compensation for injuries and deaths during the performance of the contract. Since currently there is not any definite prescription concerning the actual constructor existing in either theoretical or practical circle, how to solve the problem mentioned above in practice is worth discussing. From the point of protecting the rights and interests of actual constructor, this paper will briefly present the approach and the mode of actual constructor protection.The text is divided into four parts. Part one gives the detailed definition of the actual constructor. In part two the approach and the mode of actual constructor protection will be well discussed in light of the doctrine of privity of contract. The third part seeks the path of disputes settlement from the perspective of judicial practice. And the last part will talk about the legislative idea of protecting the actual constructor.