Research On Legal Issues Of The Actual Constructor’s Right To Claim For Project Price

Subcontracting layer by layer,subcontracting,and operating under the supervision of actual construction personnel in the construction field has always been one of the most typical and common illegal phenomena.With the increasingly fierce competition in the construction industry and the continuous increase in national regulatory efforts,some construction enterprises have also resorted to "legal" means to evade supervision and engage in illegal subcontracting and contracting operations.From the above situation,although the illegal subcontracting and affiliation behavior caused the invalidation of the construction project construction contract,when the actual construction personnel have truly completed the construction content of the construction project,their legitimate rights and interests should be protected.In practice,disputes arise endlessly due to defects in the contract signed between the contractor and the contracting party.However,currently,China’s laws and regulations are too principled in determining the actual construction personnel,and there is no clear standard for determining them.At the same time,due to the complex interest relationship between the actual construction personnel and the construction unit,many difficult to explain situations often arise,which brings great difficulties to the court’s trial.The understanding of such issues in legal application in the practical community is inconsistent,resulting in a large number of inconsistent precedents in the same case.In practice,due to the lack of operability of the relevant judicial interpretation,it is not uncommon for the actual constructor to appeal to the court for compensation due to damaged interests.It not only affects the fairness,unity,and efficiency of judicial trials,but also hinders the maintenance of the legitimate rights and interests of actual construction workers,seriously disrupting social harmony and stability.At the same time,due to the lack of uniformity in practical operations,it also provides space for judges to exercise their discretion.Therefore,this article intends to explore the legislative system and judicial precedents of the actual construction contractor claiming the right to request project price from the employer,identify the crux,and propose solutions.The article is divided into three parts: the first part is an introduction,the second part demonstrates the actual construction contractor’s right to request project price from legal and factual perspectives,and the third part is improvement and suggestions.In this section,the author analyzes and summarizes the relevant problems and solutions of actual construction personnel through practical cases.This article aims to explore the current situation and difficulties of the actual construction personnel system in construction contracts.Firstly,it clarifies the legislative status of the actual construction personnel,how the law stipulates it,and how to determine the actual construction personnel’s right to claim the project price in judicial judgments.Then,combined with relevant cases,evaluate and analyze the actual behavior of construction workers in reality,and identify the difficulties they face in the judicial trial process.Excavate the problems existing in the actual work of the actual construction personnel,for example,judicial judgments have different definitions of the actual construction personnel,and the difficulties in project settlement.Currently,there is no unified judicial judgment and legal system to determine the right of affiliated actual construction personnel to request project prices.On this basis,the author combines practical cases to elaborate on the rights and obligations that actual construction personnel should enjoy,as well as the existing shortcomings,in order to provide reference basis for future research in related fields.Analyze the legal basis of the actual construction person’s right to request project price,and propose corresponding solutions based on the aforementioned analysis results and the problems existing in practice.