A Study On The Right Of Claiming Project Price Affiliated To The Actual Constructor

The importance of the construction industry to the growth and development of my country’s national economy is self-evident.The phenomenon of individual groups or enterprises borrowing the construction qualifications of others to contract projects is widespread in the construction industry.This kind of "association behavior" violates my country’s mandatory regulations on construction qualifications.It affects the quality of the project and brings great safety hazards to the society.Although the act of affiliation itself is illegal and should be given administrative penalties,the affiliation has paid labor and financial resources for the construction of the project,and my country’s law recognizes it as an "actual constructor" to claim the right to claim the project price.Affiliated actual constructors are different from other types of actual constructors and have their own uniqueness.The project price request caused by the anchor is worthy of in-depth study.The actual constructor is the subject of the project price request,and is also called the anchor.It belongs to the category of actual constructors.The relationship between him and the developer and the nominal constructor is a more flexible triangular structure,and the relationship between him and the nominal constructor is a loan qualification relationship,not a construction contract relationship.Because of this,people have their own uniqueness,which also makes his project price request special.The act of affiliation is illegal,which is obviously different from internal contracting and entrusted agency,and it cannot be equated or treated similarly.The construction contract signed under the affiliation act is the basis for the affiliation to request the project price from the developer,and it can also be said to be the carrier.my country strictly manages the performance of construction contracts and prohibits illegal subcontracting,subcontracting,and affiliation of projects.Therefore,affiliation construction contracts are considered to be absolutely invalid for a period of time.However,with the development of social economy,the system changes between the old and the new.In recent years,judicial practice has not been "one size fits all." In some court judgments,it appears that the validity of the actual construction contract will change due to the difference between the developer and the anchor,which also shows that the validity of the actual construction contract cannot be directly determined in accordance with routine regulations.The path for the actual construction worker to request the project price will vary with the effectiveness of the construction contract.Regardless of whether the affiliated construction contract is valid or invalid,the affiliate can urge the developer to pay the project price through the nominal constructor;when the affiliated construction contract is deemed valid,the affiliated construction relationship is similar to the relationship between illegal subcontracting and illegal subcontracting.The affiliate can file a lawsuit against the developer with the special subrogation rights of the actual constructor.In order to protect the affiliate,in practice,it is also inclined to identify it as a similar illegal subcontracting and illegal subcontracting relationship,thereby giving the affiliate a claim against the developer The right to the project price;when the affiliated construction contract is deemed invalid,it is necessary to find out whether there is a conspiracy between the developer and the client,so as to make the next conclusion on the basis of the client’s request for the project price from the developer.In short,it is not possible to directly consider the price claim right of the anchor person as non-existent.The difference in the path of the project price request of the actual constructor will have a greater or lesser impact.The subrogation rights of the affiliate may trigger the irrational or even malicious salary request of the affiliate,and the conspiracy and false behavior of the affiliate and the developer.It will cause confusion in contract management and affect the stability of the construction market.Moreover,the contract price under collusion may cause confusion due to the inadequate communication between the two parties.The dispute will not stop there.The developer may further dispute the contract price with the affiliate.Therefore,the rationality of the path chosen by the anchor is something that needs to be paid attention to.