On The Construction Contract In The " Black ( White ) Contract, " The Force Of Law

As China's market economy has rapidly developed, construction market has gradually transit from a seller's market to a buyer's market. The implementation of the bidding in construction project is improved to be a great significance to the selection of contractor, and reduced project costs so as to enable the project costs to reasonably effective control. However, since China's construction market start lately, the laws and regulations to standardize the construction market is not perfect, and the Government regulators for the construction market lack of experience, and some intervene micro-economic excessively, which dislocate the functions of the government, in addition of the imbalance of China's construction market supply and the enterprises restructuring is not complete, the construction enterprises obtain some projects by seeking to the price which lower than the cost and some other illegal means. Based on the drive of the interests, many of the owners and contractors has also taken the biding false, sign a "black-and-white contract" which has caused continued disputes in the construction market which increases the two sides of the transaction costs. In addition, "black-and-white contract" also resulted in a large number of "projects of the arrears", which directly involves "polyhedrosis debt", "workers wage arrears", the quality and safety issues which related to a series of social and economic order issues, all of these have threaten to the benign development of the construction market, even survival. In response to this phenomenon, the paper discussed in the following three aspects:Part 1: An overview of the construction contract "black-and-white contract" problem. The "black-and-white contract" is a behavior of circumvention of the law which appeared on the stage of the construction contract formation and implementation stage. Based on the analysis of the definition, nature and characteristics, the cause of the "black-and-white contract" can be attributed to both social and legal reasons.Partâ…¡: the effectiveness of the "black-and-white contract" and the dispute settlement. The reason why the "Black-and-white contract" was continuing, and why there are different verdicts from different courts, is the uncertainty of its effectiveness. In this paper, through its diverse manifestations, it can be divided into three categories in accordance with the time of the signing of the contract, the contract price and the level of the main scope. And each category is made against effectiveness analysis. At the same time, " the interpretation of the law applicable to the construction project before construction contract dispute cases " learn from the theory that the construction contract is the continuation contract, so when the contract was null and void, the settlement of the works should be based on the original contract agreement. This paper also discusses the lacks and the breakthroughs of the existing laws and regulations on the "black-and-white contract", and pointed out that the choices of the contractors who face the "black-and-white contract" disputes.Partâ…¢: the method of eliminate "black-and-white contract" problem. Based on the analysis of the "black-and-white contract" causes, if we want to solve the "black-and-white contract" problem, we should strengthen the awareness of the rule of law of the parties of the building market. Relevant laws and regulations should also conform to the development of productive forces. Avoid The Government's excessive regulation to the construction market which will impede the enterprises' development and the building of healthy competition in the market. At the same time, we also need to improve the relevant legal system, the Bidding system and the security system. Establish the credit market monitoring mechanism by administrative functions to encourage contractors improves and enhance the market competitiveness through developing its own management and related technologies. And prevent such disturbing acts of the construction market as "black-and-white contract" beforehand. Guide the construction market to the healthy development.