On The Invalid Contract And The Legal Liability

Arrears through a construction contract dispute case analysis,combined with the theory of China's construction industry of illegal subcontracting,illegal subcontracting and other acts leading to contract situations statement,construction contract invalid identification and attribution of liability was discussed.First of all,the basic facts of the case and summary of the main focus of the dispute,the focus of controversy in this case mainly includes: the effectiveness of the three contracts and the completion of the construction of the company in Jin ze should be paid by.Next centers on the case the dispute focal point to launch the elaboration separately.Finally the legal liability which should undertake separately after the contract invalid case dispute main body carries on the elaboration Construction works under the contract mainly as a valid and an invalid type.According to the relevant legal provisions and judicial interpretations,finding the contract invalid shall be found illegal act is contrary to laws,administrative rules and regulations of the mandatory provisions of the Act;and then further found that belong to effect mandatory law provisions mandatory.When construction while invalid but the acceptance shall apply "reference to the contract" price is settled.Illegal subcontracting,illegal subcontracting engineering contract does not affect the project the responsibility,in this case payment of the project should be based on bin and Kanazawa company agreement on settlement of projects and works as a standard.Projects should be borne by the bin with water and electricity construction joint and several liability,hydropower eight works owe payments within bear joint and several liability.