Research On The Right To Claim The Project Price Of The Actual Builder

There are serious illegal subcontracting and illegal subcontracting in the field of construction,resulting in actual builders who do not have a written agreement with the developer.In response to this dilemma,the judicial interpretation clarifies that the actual constructor can claim the project payment from the developer.The first part of this paper,combined with judicial practice,analyzes the judgment of the actual construction person stipulated in the judicial interpretation,clarifies the concept of the actual construction person,and studies the consideration factors when identifying the actual construction person in judicial practice through the analysis of typical cases,so as to clarify the actual construction person,to clarify the specific connotation of the actual construction worker’s right to claim.In the second part of this paper,in order to solve the problem of identification of the developer in practice,it further analyzes the basis of the claim right of the actual constructor to claim the project price to the developer.In academia,there are mainly the theory of the relationship between factual rights and obligations,the theory of restitution of unjust enrichment,the theory of subrogation and so on.This article comprehensively analyzes various theoretical propositions and the institutional arrangement of the actual construction worker’s recourse to the contract developer for the project payment,and believes that the actual construction worker’s claim to the contract developer is more in line with the factual contractual relationship and the right of subrogation.The third part of this paper analyzes the conditions that the actual constructor needs to have to claim rights.Specifically,under the premise of the factual contractual relationship,the actual constructor can directly make a request to the contractor,and the actual constructor in the third party status files a lawsuit based on the right of subrogation.The conditions for exercising the right of subrogation must be met.On the basis of the above conditions,the fourth part of this paper expounds the basic basis of the actual construction worker’s request to pay the project price and the settlement basis when multiple contracts coexist,and analyzes the scope of the project price payment.