The Validity Determination Of "Black And White Contract" In Construction Project

The contract of construction project involves large amount of mark,long period of performance and usually involves public interest and national interest.In order to regulate the behavior of the parties to the construction contract and ensure the quality of the construction project,the relevant state departments have formulated relevant laws,regulations and normative documents to regulate the behavior of the contracting parties.The "black and white contract" of the construction project is the product of the maximization of both parties' interests in order to avoid the supervision of relevant departments.Therefore,it is important and urgent to analyze the validity of "black and white contract" in order to establish the way of determining the validity of black and white contract.This paper takes the typical case of "black and white contract" in the field of construction engineering as the main line,divides the full text into three parts,and through the demonstration and analysis of the effectiveness of the "black and white contract" in the case,in order to explore the way to determine the effectiveness of the black and white contract.The first part is the brief introduction of the selected case,including the basic situation of the case,the view of the judgment of the court,and the focus of the dispute between the parties.In the second part,the legal logic analysis is made on the validity and settlement basis of the "black and white contract" in the selected typical cases,and the conclusion that the "black contract" is invalid and the "white contract" is valid should be based on the "white contract".The third part,combined with the theory circle,the legal practice circle related viewpoint,discusses the construction project "black and white contract" invalid type.There are two main innovations in this paper.First,administrative regulations include not only the normative documents promulgated by the state council,but also the normative documents enacted,approved and issued by the ministries and commissions authorized by the state council before the implementation of the legislative law.This conclusion provides an important support for accurately determining the validity of the selected case.Second,in the "black and white contract" of construction project,the conclusion of white contract is later than the conclusion of black contract,and it cannot be universally recognized that the white contract belongs to the false behavior of both parties and is invalid.Instead,a comprehensive analysis should be made according to the components of the false behavior,whether the expression of intention in the conclusion of "white contract" is true and the performance.