Construction Project Contract Is Null And Void

Construction contract is a contract whereby the contractor performs construction, and the employer pays the price or remuneration, including engineering survey and design, engineering construction, project management and other aspects of the contract. With the continuous development of real estate and construction, various types of construction contract disputes have continued to increase. For the maintenance of market order and promote the healthy development of the construction industry, how to handle the construction contract disputes plays a very important role. Determining the effectiveness of construction contract is the basic premise of handling construction disputes.Construction is professional, complex, long-term, high investment and other features and benefits involved deeply. So local laws and regulations provided many restrictions. Autonomy and freedom of the Construction Contract has been restricted. Autonomy is the soul of private law, and played a significant role in encouraging competition, economic development, prosperity of the market. But autonomy and state intervention is always accompanied by the development of contract law. For the contract closely related to national interests and public interests are, the State must provide more oversight and intervention.Violation Contract system is the most severe restrictions on freedom of contract. Also our Contract Law provides a series situation of contract avoided. But our law did not detail what is "mandatory". Practitioners are troubled by whether all construction contracts violating peremptory norms of administrative law should be recognized as invalid. I believe to determine whether a construction contract is valid, we should not only comply with the Contract Law, but also according to the special nature of construction contract.Due to the special nature of the construction contract, the legal consequences after the construction contract is invalid is also difficult to deal with contract disputesThis paper focuses on the difficulties of construction contract, the author proposed some thinking to resolve construction contract disputes on the benefit.