Law Efficacy Study Of Contracts For Construction Projects

With the development of the market-oriented economy, the construction market prosperity,building engineering construction of market prosperity, building engineering construction cases in our country has become a new field of research and practice. It has become a new bright spot in the process of economic development. This is accompanied with more and more constructional engineering case pouring into the court or the arbitration commission. In order to standardize the construction market, effectively solve the construction case of dispute, the legislative,administrative and judicial organs in our country. Legislative, Administrative or Judicial organs have made the appropriate laws, regulations and judicial interpretations. But engineering case involving the legal relationship is the most of complex, and cannot make a standard one by one,thus solid and practical construction project case occurred in dispute is the most popular. The project construction contract disputes are the ones mainly involved in the construction of the project of a large piece of content. The effectiveness of the project construction contract issues tends to be the core problems that need to be dealt with in the process of the construction project contract. In the specific processing of this kind of construction project contract disputes, on the cognition of many problems, it’s still debatable between the judicial organs and the field of engineering construction, the legal science, the administrative organ is debatable. Therefore, the process of construction project case has become a hard case of lawyer’s working.Harnest&Garner has been establishing from the mergence of B&M law firm for more than o ne year. According to the statistics of the cases, the project construction contract dispute case accou nted for the vast majority of proportion.By the anatomy of effectively established condition of engineering construction contract, this article through to the engineering construction contract effective established condition of anatomy,emphatically analyzed several common cognizance and treatment, the effectiveness of the contract for construction project construction contract payments related to the settlement of the dispute the two contents is on the basis of the relevant case that agent at ordinary times, empirical research.This article is divided into three parts; each part of the main content is as follows:The first part of this article is the overview of construction requirements of the contract of engineering construction and effect. Through the introduction of the definition and characteristics of the project construction contract, clearing what is the project construction contract. By theanalysis of the characteristics of the construction project construction contract case, the highlight of this kind of case is complex; finally analyze the requirements of construction project construction contract coming into force.The second part summarized in this paper, the construction and effectiveness of the contract of engineering construction of the effective important documents. Controlling of construction project contract that comes into effect elements; highlight that this kind of case is complex. The construction project construction requirements detailed analysis of the effect of the contract. From the "contract law of the People’s Republic of China on the provisions of the contract effectiveness problems mainly concentrated in legal form to cover illegal purposes and in violation of the provisions of laws and administrative regulations, two mandatory two aspects and the supreme people’s court on the trial of construction project construction contract dispute case applicable law question the interpretation of article 1 and article 4 also made specific provision for a brief overview of the effectiveness of the construction project construction contract, at the same time the affiliated and internal contract, the relationship between four certificate and contract effectiveness were discussed.The third part of this paper introduces the payment and settlement legal problems. As a construction project in the trial practice the important contents of the contract payment and settlement problem, often is the focus of the dispute by the two sides finally problem. Which is also the court according to find out the after the fact, clear legal provisions to make the most impartial judge, the judge directly affects the legitimate rights and interests of both parties. Combined with the author of agent construction project subcontracting of construction contract dispute case, thus correct understanding of judicial.