Research On The Issues Of Invalid Construction Project Construction Contract

The increase in disputes in the field of construction engineering has made the threshold of qualification management set by the administrative agencies in the early stage of the construction industry challenged by both reality and theory.The chaos in the construction industry has also brought huge challenges to the judicial department.On the one hand,the need of the developer and the contractor to pursue their own interests makes the phenomenon of affiliation,subcontracting,and illegal subcontracting almost become the norm in the industry,and there are frequent disputes between the two parties;on the other hand,the imperfect legislation makes the judicial organs unable to respond effectively many problems in this field.The solution to the problem is inseparable from the joint efforts of legislation and justice.The “Interpretation on the Applicable Legal Issues in the Trial of Construction Contract Disputes in Construction Projects(1)”(hereinafter referred to as “Judicial Interpretation of Construction Projects I”)and the “Interpretation of Legal Issues Applicable to Construction Contract Disputes(2)”(hereinafter referred to as “Judicial Interpretation II of Construction Projects”)has been issued successively and has achieved significant results.However,due to the vagueness of the provisions in the judicial interpretation,different courts and judges have different understandings of the judicial interpretation.The final result is that the same case is difficult to judge at the same time,which undermines the authority of the judiciary.Some higher people’s courts have also issued corresponding guidance on construction project construction contract disputes to supplement the deficiencies stipulated in the "Construction Project Judicial Interpretation I".The successive releases of the “Minutes of the National Court Civil and Commercial Trial Work Conference in 2019”(hereinafter referred to as the “Minutes of the Nine Peoples”)and the “Civil Code” are major advances in legal theory and practice.After the author carefully reviewed relevant regulations,It is believed that the above relevant regulations are not perfect for these issues: the determination of the validity of the contract is still flawed in theory,and the standard for the payment of the construction cost of the invalid contract is based on the contract agreement and the intermediate subcontractor in the subcontracting.Liability is not clearly defined,and there are doubts about the scope of discount compensation after the contract is invalidated.In view of the above issues,this article is divided into the following four parts to discuss:The first part is chapter two,The author first analyzes the basic problems of invalid construction contracts,mainly from the identification and types of invalid construction contracts,analyzes and discusses the two aspects of the identification and types of invalid construction contracts.Contract is invalid,and its one-size-fits-all determination method is insufficient,and this issue is not provided for more accurate provisions in the “Civil Code”.The author believes that it is necessary to make more detailed case judgments and sufficient theoretical evidence based on different cases.In order to accurately determine the validity of the construction contract.In part two,The author has studied the current legislative problems of invalid construction contracts.First,it analyzes the mandatory provisions and the provisions of public order and good customs,and analyzes the problems existing in the provisions of the Civil Code on construction contracts for construction projects.Research and analysis.Through research and analysis,the author combines the determination of contract validity with mandatory regulations and public order and good customs to reconstruct the path of contract validity determination.In part three,It is to analyze and study the problems existing in the judiciary of the current invalid construction contract,and analyze the defects of the payment of the project payment by referring to the contract.After the contract is invalid,the contractor can request the payment of the project payment with reference to the contract.Insufficient provisions.Although this issue has been amended in the “Civil Code”,it is still not really resolved due to the lack of clarity in the provisions of the “Civil Code”;third,the provisions on the issue of discounted compensation are There are still problems when it is applied to construction contracts of construction projects.The author has analyzed this problem.Finally,through the research on the basis of the claim rights of the actual constructor in the subcontracting,it is believed that the actual constructor can request intermediate subcontracting based on the right of subrogation.Within the scope of the unpaid project funds,the actual constructor shall be compensated at a discount.In last part,The author puts forward corresponding suggestions on the legislative and judicial issues related to the above invalid construction contract,including clarifying the types of mandatory provisions and their impact on the effectiveness of the contract,and clarifying the application of public order and good customs in the “Civil Code”.Explore the feasibility of the validity of the construction contract of the construction project,and put forward perfect suggestions on the issue of discount compensation and the responsibility of the intermediate subcontractor.