On The Project Price About The Invalid Construction Contracts

Construction contract with a contract subject particularity, complex contract, thecontract long term contract administrations strict supervision of construction contractsand other characteristics of the construction contract dispute has been a judicialpractice in such cases is difficult to handle. In recent years, China’s constructionmarket is showing a state of confusion, chaos management behavior never stopped,not only confusing the market order has seriously hampered the development ofmarket economy and the construction market economic order to maintain the qualityof construction accidents occur frequently in certain resulting in the emergence of alarge number of invalid construction Contract degree. And over the people’s court inspecific cases construction contract construction contract regarding invalid how toapply the appropriate laws and regulations there are different approaches, leading tosimilar cases there are different construction contracts judge the results. For the aboveproblem, September22,2004, the first1327meeting of the Judicial Committee of theSupreme People ’s Court on interpretation Construction Contract Disputes of legalissues "(Fa Shi [2004] No.14). Fa Shi [2004] on the14th Judicial InterpretationArticle2:"Construction Contract is invalid, but the construction project after the finalacceptance, the Contractor requests payment under the contract reference price shouldbe supported." In judicial practice, pursuant to the provisions of the Contractorwithout have the appropriate qualification requirements, as long as the quality of theproject acceptance of qualified engineering can obtain the corresponding price inaccordance with the contract, the contractor is no loss in the material, it will not paythe price for its illegal activities. This will be the construction of an invalid contract asto provide effective treatment of contracts, not only failed to protect the legitimaterights and interests of people in the actual construction, it will condone illegalsubcontracting contractors, subcontractors and contractors qualified to borrow andother illegal activities, so that the construction market and labor relations even moreconfusing.Based on the contract on the basis of efficacy studies, around Fa Shi [2004] onthe14th Judicial interpretation of Article2, in-depth research and comprehensiveanalysis of the project of the payments after the construction contract invalid issues,combined with value analysis methods, to be judgment and reasoning. The innovationof this paper is devoted to construction projects in the construction field problemsanalysis of the contract is invalid, and strive in the construction contract invalid afterthe money payment issue, based on social justice and the protection of transactionsecurity legislative intent, as pay issues deeper theoretical support for projects afterconstruction of invalid contracts.