Identification And Analysis Of Construction Project Contract Invalid

Nowadays,there are a lot of mandatory provisions in laws and regulations in the field of construction projects,because the upstream of construction projects involves the key economic fields and basic layout of real estate development and municipal construction,and the downstream of construction projects involves basic livelihood issues such as wages of labor workers.And in practice,with regards to the construction project industry,there are lots of illegal behaviors such as string,illegal bidding,subcontracting,hanging and illegal subcontracting in the signing and performance of bidding and project contracts,which causes many construction contracts to be considered invalid,therefore,in judicial practice,it has become important topics in the field that how to identify the validity of construction contracts that are illegal and price,claim for compensation and interests of contracts,and how to deal with it.With regard to the construction project contract,the contract object's amount is too large on the whole,the contract period is long,and it is changeable in the process of the contract performance,so if the contract is deemed to be invalid,it will lead to much difference between the actual results and the expected results of the parties,particularly in the determination of project funds,and the compensation for the delay of time limit for projects,and the compensation for the project qualities,and the calculation of the interest on overdue payment of project funds,etc.On the one hand,the author discusses on under what circumstances the construction contracts will be considered invalid,on the other hand,the author analyzes how to identify the rights and obligations of the parties to the contract after the construction contract is deemed invalid,and then explore that the constructionparty can gain more than the expected benefits of the contract in a certain degree,and whether it overprotects the rights and interests of the actual construction workers after the contract is invalid under the current legal framework.The author puts forward relevant suggestions for the current situation that it is difficult to balance the interests between the parties of the contract and the establishment of good orders in the whole construction project industry.The text is divided into three chapters:The first chapter is a description and analysis of the basic concepts and characteristics of the construction project contracts,(1.The contractors don't have the corresponding construction qualifications.2.Because their own qualifications can't meet the requirements,the contractors borrow the qualifications from other construction enterprises.3.The contractors don't conduct the bidding activities according to the process,or they are in the state of invalid bid.4.There are some cases that the projects are subcontracted or illegally subcontracted.)At the same time,this chapter sets forth the situations that causes the legal validity of construction contracts to be denied.The second chapter is the analysis of the legal consequences of the construction contract of the invalid construction project,specifically including: 1.The effects of the invalidity of contract on the identification of project price.2.The effects of the invalidity of contract on overdue payment of project interests.3.The effects of the invalidity of contract on the claims for delays in construction.4.The effects of the invalidity of contract on claiming for compensation for project quality.5.The invalidity of contract leads to a breakthrough of the relativity of the contract.6.Other effects that may arise from the invalidity of contract.In the third chapter,the author puts forward his own opinions and suggestions in the light of the problems in the treatment of the contracts of invalid construction projects.1.We can draw on the experience of developed countries,strengthen the market mechanism,improve the related enterprises' credit management,to ensure that the management systems including registrations,guarantees meets the demand of the healthy development,gradually replace the qualification management system,and finally make the qualification conditions not embody its function of mandatory management as entry threshold;And cultivate the construction contractors effectively in order to ensure the quality and safety of project construction at the source through carrying out the activities of benign competitions.2.we may remove some unnecessary restrictions on subcontracting properly,andexplore and improve the establishment of project subcontracting system on basis of the principles of meaning autonomy and relativity according to the actual situation of our country.3.When the actual construction contractor's contract counterpart has no shortage of whereabouts,bankruptcy,deterioration of credit status or lack of payment capacity,and the actual construction contractor breaks through the privity of contract and sue the employer as a defendant because of strict restrictions,and takes certain punishment measures to the actual contractor of the invalid contract at the same time so as to prevent the paragraph 2 of the article 26 of the interpretations of the Supreme People's Court on the applications of laws in the trial of disputes over contracts in construction projects from abusing,in order to promote the establishment of the benign orders of construction industry.At the same time,if we can't take punitive measures against the actual contractors of the invalid contracts,it is likely that the relevant provisions of judicial interpretation will be abused and it will be difficult to promote the establishment of benign orders in the construction project industry.