Research On Invalidation Of Construction Project Construction Contract

Although there have been more and more legislation in the construction field in my country in recent years,and provincial higher courts have successively issued local normative documents to guide the trial of construction project contract cases,but various violations of laws and regulations in the construction market are still emerging and widespread,leading to judicial practice The increasing number of invalid construction contracts and the various types of invalidation have brought practical problems to judicial trials.It is mainly manifested in the inconsistency in the scope of reference to the project payment,the application of the breach of contract,and the settlement agreement after the construction contract is deemed invalid.There is no unified judgment standard for which construction contract is invalid,and even between the lower courts and the districts.The phenomenon of "different judgments in the same case".This inconsistency of judgment standards has a greater impact on the rights and obligations of the parties.Through the combing of the status quo of judicial practice,it is found that judicial practice has major disputes on the validity of construction contracts signed in the case of affiliation,illegal subcontracting,signing of separate agreements that deviate from the substantive content of the winning contract,and winning the bid at a price lower than the cost,which is worthy of discussion.This article focuses on the discussion on whether the construction contract signed under these four situations should be deemed invalid as a matter of course and how to deal with it after invalidation.This article analyzes and believes that the simple and crude determination of the invalidity of the affiliated construction contract is not in line with the original intent of the administrative qualification management;in the illegal subcontracting behavior,there is no distinction between the different levels of violations,and the subcontract is invalid without the consent of the developer.Reasonable;in the "black and white contract",the "black" contract is not of course invalid,and the true requirements are expressed according to the effective meaning of the contract.When the "white" contract is inconsistent with the substantive content of the bidding documents,the white contract should also be deemed invalid;Judging the effectiveness of the construction contract that is lower than the cost price should be measured whether it affects the rights and interests of other bidders.In short,when it meets the purpose of ensuring the quality of the project,the safety of the public and maintaining the fair competition order in the market,the construction contract should be carefully determined to be invalid.In dealing with the invalidation of the construction contract,the payment conditions of the project payment should not be within the scope of reference,but the interest belongs to the fruit and the project payment should be referred to,and the profit should be based on the fault of the issuer and contractor to determine whether to pay by reference.After the construction contract is invalid,the breach clause cannot be applied according to the contract,but the settlement agreement reached on the invalid construction contract is independent and final,and the disputes between the parties can be handled according to the settlement agreement.