Lawsuit Of Chengda Construction And Installation Company V.Sports Bureau Construction Project Contract

Construction industry plays a very important role in the long-term development. of the economy in our country, but at present our country construction market management is extraordinary chaos and the law has become a mere formality. In judicial practice, the contentious issue-of the construction project contract always been disputed. For this reason, the supreme people’s court announced in October2004, concerning the trial of construction project construction contract dispute case applicable law the interpretation of the problem "(hereinafter referred to as the" interpretation ") to many disputes in the construction industry be adjusted unified benchmark. For the level of qualification for construction and illegal subcontract provisions in the judicial practice, there are still a lot of problems, this makes the construction contract null and void in accordance with the effective legal consequences. It not only couldn’t reflect the legal negative evaluation to the violation of legal prohibitions, but also encourages the employers, the contractor conclude a invalid contract. On the one hand, for the construction level of qualification, legal regulation is designed to ensure the engineering quality. The "explain" said:the contract can not be regarded invalid if the workers obtain corresponding qualification before the project completed. Without consideration the faulty between contracting parties objectively, this will result in a large number of construction projects of the inferior quality; On the other hand, for illegal subcontract, the "explain" said although illegal subcontracting contract is null and void, the acceptance of the construction project should pay project cost to the construction side. For the panty awarding the contract if its interests is damaged, it shall be at a discount to pay project price; But as illegal construction of the subcontract, all its completed construction projects and pay project cost will be at a discount to its damage. At its root, the contractor is the loss of the interests, the interests of the client to trust people missing and construction losses shall be borne by the construction of interests, because illegal subcontracting does not only violate the principle of honesty and credit, debt is root contract is rendered null and void after the contractor changed hands crush profits, it did not bear the corresponding responsibility, without the slightest loss, lead to inconsistent responsibilities. The above two cases in practice, produce a large amount of invalid construction contract according to the effective performance of the strange phenomenon.In this paper, by means of analysis Lawsuit of Chengda Construction and Installation Company vs. Sports Bureau Construction Project contract and the discuss on the relevant provisions of "explain", we try to find out the ways to put an end to the above two kinds of invalid contract. We also think about the trusting with social attribute. Meanwhile we also hope to do something to help the judicial practice refering to existing legal theories about construction project contract.