Research On Settlement Basis In Construction Contract Of Construction Project

After years of running-in in practice,construction contract disputes are still areas of considerable controversy and concern,mainly in the determination of contract validity,settlement of project payments,etc.However,for the endless types of disputes,the state has issued a number of rules and regulations.There are few legal provisions and judicial interpretations on construction and construction,and the intention is to regulate them to the greatest extent.However,due to the diversification and complexity of disputes in real life,there is a deviation in the understanding of the law,which leads to a deep embarrassment in disputes in construction projects.This article takes the case of a construction contract dispute between a company in Fuzhou and a company in Inner Mongolia as the starting point,and conducts legal analysis and theoretical thinking on the validity of the construction field contract and the way of housing debt in the settlement of the project payment.Suggestions and reflections on the confirmation of contract validity for construction contract disputes and the disputes in the settlement and payment of project funds.Firstly,as one controversy,this article analyzes which one shall be the project cost rate when there is dispute between the bidding documents and fixed rate.Actually it is about the issue when there is difference between agreement and bidding documents.This article analyzes the current situation and different understanding of Black and White contracts and material alterations,also studies on the limitations to < Tendering and Bidding Act> and related Judicial Interpretations.Secondly,as the other controversy,this article analyzes the handling of the settlement problem of housing-for-project payment in the project payment.This issue actually is extension of the paying-a-debt-in-kind-assets,and how to deal with the current situation of housing-for-project payment in the construction industry.This article analyzes the current situation of housing-for-project payment,and summarizes the different standpoints on the validity of the contract based on the different signature time,and presents the different basis of judicial judge and reasons.This article starts with the selected case,analyses and summarizes the representative dispute focus,and the two controversial focus,summarize the related industry situation,and analyze the causes of the current situation,including the limitations of the legal basis for the discretion,cannot be unified,including because the law cannot advance of any new treatment in advance.Finally,this paper through the in-depth analysis of the dispute,solve the current dilemma of the thinking and suggestions,including the further clear substantive terms in legislation and practice,and through in-depth analysis against the project behind the deep reason,combined with the legal viewpoint,put forward in practice is easier to protect the interests of the parties and help to perform the settlement suggestions.