Confirmation Of Project Payment In Construction Contract Of Construction Project

Project payment means that according to the construction contract,the construction unit shall complete the construction tasks entrusted by the construction unit,and the construction unit shall provide the necessary conditions and pay the project price in accordance with the provisions.In the construction contract,it is the main obligation of the contractor to pay for the project,that is,the contractor should pay the project price according to the contract agreement.However,in judicial practice,the emergence of a large number of invalid construction contracts and the increase of the phenomenon of offsetting the project funds by borrowing money in the internal of the project make the identification of the project funds become a difficult point in the construction contract of the construction project.Although in the "Construction Law" and "Contract Law" for the identification of project funds and payment conditions are stipulated.However,there are still many problems in the practical operation of the comparative principle of the provisions of the law on engineering clauses.Starting from the construction dispute case of Mianyang Education Investment Co.,Ltd.,this paper makes a jurisprudential analysis and theoretical reflection on the identification of the nature of construction funds in the construction field of construction projects,the difference between construction funds and loans in the construction process,and the return on investment of BT mode in the construction field,and puts forward some suggestions and Reflections on the counteraction of loan and project funds reflected in this case.? The first part of the article starts from the case to analyze the focus of disputes and summarizes the opinions of both parties in the dispute.The second part focuses on the aforementioned focus of disputes respectively: 1.Whether to request the return of project funds in the case of invalid contract.Firstly,according to the judicial interpretation of the Supreme Law of the construction contract,this paper makes an analysis of the invalidity of the contract and the settlement of the project funds in the case of affiliation.On the basis of the law,it makes an in-depth exposition of the existing problems in the field of construction engineering.2.Aiming at whether the borrowing occurs during the construction period can be used to offset the project funds,this paper starts with the nature of the two kinds of funds,elaborates the related reasons of the borrowing during the construction period,and then determines the author's viewpoint on the borrowing to offset the project funds.The third part is to analyze the case as a whole,so as to give a brief account of other issues arising from the case.