On The Case Of Chen Qianzhao V. Yu Huang

Because of a lot of questions, such as high cost of construction project, complicated main body,and incomplete supervision, the construction project is very easy to cause disputes. And after these disputes in construction project contract is confirmed invalid, the most frequently problem is payment of the construction project. For these problems, judicial authorities do not have a unified standard of judgment, some of which think that they can refer to the contract clauses, some think that questions can be determined according to the market quotation, and some think it should be determined by professional accreditation, however, existing law which focus on these problems is not clear enough. Therefore, how to explore a settlement which is workable, fair and reasonable, is urgent in the practical and theoretical fields.This paper selects typical case in this field -- Chen Qianzhao v. Chongqing Huang's case to analyze and discuss. In this case, the disputes of the payment between the two sides result from the situation that they did not appoint the price of unfinished part and the added settlement and its standards beyond contract clauses.Chen Qianzhao sued to the court, requesting accounting according to the standards of attribution between Chongqing Yuhuang and the employer, but Yu Huang claims that it should be settled according to the contract signed with the Chen Qianzhao.After Trial, the Court think that the engineering construction contract signed by both parties is invalid because of Chen Qianzhao lacking relevant qualifications, but the unfinished and added parts settlement can also refer to the contract.The focus of controversy in this case mainly lies in the feature of this contact,the identification standard of invalid construction contract, the legal liability of invalid construction contract and the settlement and standard of the project.Under the premise of the construction project contract confirmed invalid, the most important problem is whether it still needs to refer to the contract agreement and which attribution they chooses to settle the project.In view of the relativity of the contract and the characteristics of the construction contract itself, the claim of the plaintiff in this case is ultimately not supported by the court.However, in this case, the defendant has already known that the plaintiff lacks relevant qualifications, but he continued building engineering projects contracted with the plaintiff, which also has some faults in subjective view. So, the defendant should bear the corresponding legal responsibility based on the concept of fairness and justice.In order to complete the accounting standards and methods after construction project contract confirmed invalid, the following questions should be discussed separately.On the one hand, determining which contract should be selected to settle the project after disputes.On the other hand, the project price should be calculated according which standards in the finished part,the unfinished part and the added part which beyond the scope appointed by original contract.