Relationship Between The Construction Qualification Of Building Enterprise And The Effectiveness Of Construction Contract

Qualification represents the ability, the eligibility to enter the construction market of construction companies is the basis of building construction, and also the government’s attitude for the construction ability of companies. Unlike the construction capacity and operating range of companies.as mandatoryprovisions,theregulationscope of construction qualityshould be consistent with thevalue of Construction Law. According to if there is a current situation,theavoidance of construction quality could be divided intoDynamic avoidance and Static circumvention. The former include transfer certificate and borrow certificate.Because of the unalienable nature of construction quality,the transfer behavior is invalid,but when the buyerhave enough ability of construction,the construction contract is effective. According to the time of using qualitybehavior and contractor behavior has occurred,the use behavior could be divided into three kinds of case,each case of the effectiveness of the legal relationship is different. Use quality is different from the internal contract. Static circumventionincludesubcontract and illegal subcontracting and so on.Contracting is illegal,whenthe subcontract have legitimate subcontracting and the illegal subcontracting. The effectiveness application of the construction contract has legitimacy.but the scope and time should be tightly restricted. The circumvention of the effectiveness of the avoidance of construction quality and administrative illegality is not a contradiction, The bearing of the administrative responsibility is necessary,while acknowledge the validity of the relevant civil action. The number of enterprises having high level of qualification of construction enterprise is scarcity of construction qualification circumvention of the important reasons. Administrative power in the face of construction qualification circumvention needs to exercise restraint, the relevant administrative regulations and guidance should be given on the applicable limits.