Research On Actual Construction Problems In Construction Contracts

Actual construction prevalent in China’s current construction markets. The actual construction contract migrant workers who organize construction, although to some extent led to the employment of migrant workers, to promote but which no qualification or construction of the main low quality of construction easily lead to substandard construction works or to make a serious security risk.China’s laws and regulations on the actual construction contract projects people’s behavior to make a prohibition, its construction contract law to give negative reviews, does not recognize the validity of the contract, the actual construction of man and subcontractors signed.Laws and regulations on the actual construction contract engineering behavior on administrative law also defined the specific punitive measures.In order to avoid legal risks, actual construction people tend to take some form of legal cover their illegal purposes, such as the name of the line anchored inside contracting, illegal subcontracting reality.Since the actual construction is a violation subject, there are certain restrictions on their interests protected and therefore finds the right person the actual construction is really necessary.The actual construction of the construction contract invalid persons involved in its construction to fulfill obligations fully and properly completed and acceptance of qualified engineering, its direct people to enjoy the works contract claims based on very controversial in theory and practice,Breakthrough privity of contract that the rights and obligations of fact that there subrogation said.Since the legislation is not clear on whether the actual construction of the project shall have the priority right to be repaid and the exercise of the right of priority claim prerequisite has been plagued by issues such as practitioners of judges, lawyers and construction contract parties.This paper focuses on the following three issues related to the actual construction analysis and appraisal:The first part is the name of a real internal contractor illegal subcontracting case to analyze the actual construction people identified. The main concept of the interior from the contract, and several forms nature, effectiveness and actual construction of human existence, to distinguish between internal and actual construction contractor.The second part is "building construction contract interpretation," the legal basis of the actual construction gives people can sue the developer advocate engineering of Article 26 directly advocate the actual construction cost of the project to the Employer to discuss the case. The main breakthrough privity of contract, unjust enrichment, subrogation theory.The third part in the actual construction project to the developer advocate Case Priority of Compensation to demonstrate whether the actual construction works are paid in priority right, and exercise conditions.