The Research On Legal Issue Of The Contract On Invalid Construction Engineering

At the present time, due to imperfection of the legal policy and existence of the drawbacks of market operation, construction-caused conflicts and disputes for projects, especially construction cost under invalid engineering contract, are more and more. In all kinds of civil cases of The People’s Court, the construction project disputes still have a lion’s share. Although the state has adopted a series of measures to control and to standardize the construction market; common invalid construction project contract has been clearly defined in the judicial interpretation; some policies also received good effects in a certain extent, the provisions of the judicial interpretation still cannot cover all the bad behavior of the contract, and differences are still exist in invalid contract theory and processing principle, and the judicial opinions and results can not be completely unified for same type of cases.Once the project construction contract considered to be invalid, it will directly affect the expectations and the ultimate responsibility of the parties to the contract. There will be a significant impact especially in engineering cost, project cost, compensation for losses and interest payment. This research is mainly focused on how to make a clear theoretical and practical guidance for the legal consequence of invalid contract.By analyzing a related professional case, several discussion will be made for the payment of construction cost under invalid contract, combining with the relevant regulations and the Supreme People’s Court promulgated the "Supreme People’s Court on the law applicable to the construction contract dispute cases the interpretation" (2004) (Interpretation No.14). This article will be based on the engineering theory of law foundation and deeply reflected the corresponding judicial interpretation and the reasons for those problems in the market.