Determination Of Project Payment Settlement Of Construction Project Subcontract

Since the reform and opening up of our country,all kinds of industries have been developing rapidly.The most basic industry is the construction engineering industry.Because our country has a large population and a vast area,in order to cooperate with the rapid economic development and urbanization construction.Every year,there are a large number of housing or infrastructure construction projects such as real estate,roads,bridges,etc.But the construction market of our country,because of the problems of system establishment and population quality,has been in a more chaotic situation of management.Among them,the construction side is particularly prominent.Unqualified individuals are affiliated with qualified companies,and qualified construction companies subcontract unqualified individuals.However,courts at different levels have different ways to deal with invalid construction contracts in construction disputes,which leads to different results in the same case.In view of this,on September 22,2004,the trial committee of construction engineering cases of the Supreme People's court passed the interpretation of the Supreme People's Court on the applicable legal issues in the trial of construction contract disputes(FZ [2004] No.14,hereinafter referred to as judicial interpretation I),which made a new judicial interpretation on some controversial issues in the above-mentioned construction engineering cases.Among them,the most prominent is the solution to the relevant problems when the construction contract of the construction project is invalid.For example,if the contract is invalid,can the construction party claim the project funds,the way and scope of settlement of project funds,etc.The author of this paper has been engaged in the work of lawyer for a long time.This paper will combine a construction dispute handled in person with the relevant laws and regulations and policies issued by the state before and after the handling of this case,and make case analysis on several focuses in this case and the judgment opinions of the original court.And through this case,we summarize and think about the settlement of the project funds in the invalid construction contract,and finally put forward some suggestions on the protection of the interests of all parties in the construction dispute.