Research On Legal Problems Of Construction Contract Invalid

The construction industry as a major industry of the national economy,which directly related to the public interest and public safety.In order to promote the healthy and orderly sustainable development of the construction market,based on the special nature of construction projects,Chinese laws, administrative regulations and rules and other provisions made a series of rules. However actually,because of the unequal construction market bearing the dominant position of the employer,intense competition between contractor.Parties driven by commercial interests,repeated violations,the construction industry is also commonplace lawlessness,such as employer as illegal implementation of the project, illegal contract, the existence of the defect qualified contractor contract illegal construction,illegal subcontracting,anchored, bid-rigging and so on.Then there a lot of "shabby",yet further coupled with the national macro-control and capital market fluctuations,there are many problems on investors’ capital chain,so there are a large number of outstanding disputes with the contractor project payment of wages and migrant workers.This is making a lot of problems of economic and legal level gradually rise to affect the social stability "height".Although we have a relatively sound legal system,still not enough to solve new problems and new situations arised in practice the construction market,especially,when the construction contract is confirmed as invalid,how should the settlement price on the project?how to deal with the period claim?how to allocate the responsibility for quality and the exercise of other issues of priority for repayment of project cost,this problems have become the most common and most difficult to resolve disputes.Therefore,this article based on the theory and practice of law,construction of the four issues after the contract invalid in depth,and after that the construction contract invalid, the parties to the construction price settlement the right to choose,you can truly select or factual reference to the construction contract; Claims processing period,we should adhere to the principle of actual loss,Initial delays in principle and Cost principles,then depending on the fault of the parties to determine the claimant.Statutory duty quality of the project is the responsibility of the parties,which not affect the validity of the contract of construction.As a security contractor for projects to be realized Project Priority of Compensation,although the construction contract invalid,the contractors still have priority to claim in the period of sixmonths.The party may also be agreed for the period at the same time,but no more than two years.If the parties have not agreed or the agreement is unclear,as the standard of six months.