Study On Legal Issues Of Construction Contracts

Construction projects are an important component of people’s clothing,food,housing,and transportation.Improving the quality and efficiency of construction projects is a major concern for the national economy and people’s livelihood.In recent years,the construction industry has developed rapidly,playing an important role in economic development and improving people’s living standards.However,during the rapid development of the construction industry,many legal issues have also arisen,such as the identification of actual construction personnel and the priority right to receive compensation for construction project prices.The existence of these problems will affect the quality and efficiency of the project,delay the progress of the project,and also affect the wages of migrant workers,leading to a series of social problems.This article takes the construction contract dispute case between N Construction Company and L Real Estate Development Company and the construction contract dispute case between Zhang and X Real Estate Development Company as research cases,analyzing the cases from legal and practical perspectives.In addition to the introduction and conclusion,this article consists of three chapters,with the main content as follows:The first chapter provides a detailed introduction to the case and points out the three controversial points involved in the case.The focus of the dispute in the case is respectively the determination of the legal relationship between the construction project subject and the identification of the actual construction personnel.The dispute focuses on the confirmation of the "internal contracting relationship","affiliated relationship","subcontracting relationship",and the identification of the actual construction personnel;The issue of priority compensation rights for construction project prices focuses on the subject of priority compensation rights and the time limit conditions for exercising them;Determination and reasons for the effectiveness of construction contracts for construction projects.Due to the fact that the third focus of controversy is not highly controversial in theory and practice,this article focuses on introducing the first two focus of controversy.Chapter 2 provides a legal analysis of the controversial issues involved in the case,which includes two parts.When introducing the identification of the actual construction personnel,start with the definition of the connotation,manifestation,and identification path of the actual construction personnel.The identification path of actual construction personnel includes five aspects,namely,the invalidity of the signed construction project construction contract,which can be manifested in three forms: affiliation,subcontracting,and illegal subcontracting.The actual construction personnel have actually fulfilled their construction obligations,and there is no labor relationship between the actual construction personnel and the contractor,and there is no direct contractual relationship with the employer.When introducing the priority of compensation for construction project price,starting from Article 807 of the Civil Code,this paper discusses the nature and legislative evolution of the priority of compensation for construction project price in combination with judicial interpretation,relevant laws and scholars’ views,analyzes whether the contractor of invalid construction contract and the actual constructor enjoy the priority of compensation,and discusses the conditions for exercising the priority of compensation.Chapter 3 is the inspiration arising from the case.Firstly,improve the relevant legal provisions of construction contracts for construction projects.We need to improve the relevant legal provisions for the actual construction personnel: clarify the identification standards and legal status of the actual construction personnel;Improve the relevant legal provisions for affiliations.We need to improve the relevant legal provisions on the priority right to receive payment for construction project prices: defining the priority right to receive payment for construction project prices as a legal priority;Expanding the scope of priority compensation rights;Clarify the conditions for the actual construction personnel to exercise the priority right to receive compensation for the construction project price,clarify the judicial application,and limit the exercise of rights by the actual construction personnel.Secondly,improve judicial application capabilities.The Supreme People’s Court guides judicial organs at all levels in adjudicating cases through the issuance of judicial guidance cases and other means,promoting the same judgment in the same case.At the same time,judges should strengthen training and learning.