An Analysis On The Case Of Zhou Sues Municipal Sixth Construction Company And Three Other Defendants

Because engineer ing construction has some characteristics of specia lizatio n,complexity, large investment, and relates to people’s life and property safety, it’slarge ly restricted by nationa l and local laws and regulations.Especia lly the autonomyand freedom of contract are restr icted in the fie ld of contract of constructionproject.Therefore, compared with other contract disputes, the cases of constructionproject contract dispute is more comp lex. In the case of constr uc tio n project contractdispute, the core iss ue is to judge the va lid ity of contract and deal with the inva lidcontract. The case of Zhou s uing Sixth Constr uction Company and three otherdefe ndants is just an e xa mple. Firstly, to confir m the defendant is one o f thecontroversial points. In accordance with the plaintiff Zhou’s contract, the other side isZhang and Sixth Constructio n Company, so Zhang, and Sixth Constr uction Companyare the defendants. Because this case does not apply to the twenty-sixth cla use ofSupreme People’s Court’s interpretation of applicable law on the trial of the contractof project constr uction disp ute cases, Science and Industr ia l Corporation andMeta llur gica l Company ca n not be defendants. Secondly, to confir m the nature of thecontract is a basic proble m. What Zhou and Sixth Constr uction Company sign thecontract is the Construction Labor Subcontracting Contract. Because in actua lengineering project the subcontracting of construction is conducted, it sho uld apply toreleva nt provis ions of the constr uction contract, instead that of the constr uction laborcontract. Third ly, ille ga l subcontractor,Zha ng, S ixth Construction Company and theactua l constructor, Zho u, do not have le ga l constructio n qualification, so the subject isnot qualified. Due to the contents of the contract vio lates the mandatory provis io ns oflaws and administrative regulations, it sha ll be determined as the invalid contract. Inadditio n, the second clause o f Supreme People’s Court’s interpretation of applicablelaw on the tr ia l of the contract of project constr uctio n dispute cases, princ ip le ofinva lid contract, effective treatment is inadequate, and in practice this type of casesshould apply to the compensation cost and fault co mpensatio n rules, name ly specificprice can be determined by contractor cla im and project cost evaluation, and it muststrictly determines the subject of respons ibility and the way to take responsib ility sothat the tria l can confor m to the lega l spir it and also fully guarantee the r ights andinterests of the parties, and impartia lity deal with the inva lid subcontract of constr uction project.