The Payment Conditions Of Construction Project Funds And The Identification Of Obligatory Subjects

In recent years,with the rapid development of the construction market,the number of construction contract disputes is increasing year by year,and the settlement dispute of construction project price has become one of the main causes of action.Although the relevant laws and regulations of our country have made relevant provisions on the settlement of construction project price,the complexity of the construction project contract itself and the professionalism of the legal issues related to the construction project price have made it more difficult to deal with cases.At present,although there are a lot of studies,there is no specific and perfect solution and preventive measures for the settlement of construction project price as a reference for all parties.Therefore,it is of great practical significance to conduct in-depth research on settlement disputes.Based on the above reasons,this paper takes the disputes between a Chengdu Engineering Inspection Research Institute and a Sichuan Construction Labor Service Co.,Ltd.and a Chengdu Construction Engineering Co.,Ltd.as examples to evaluate the controversial focus of this case: 1.Should the payment conditions of the construction project funds in this case be based on the auditing settlement of the auditing organ? 2.How to confirm the payment subject of the project funds of 500,000 yuan in this case? Fixed.The author uses the current laws and regulations,judicial interpretation,combined with contract interpretation theory,audit payment settlement theory,construction project payment settlement basis,performance agency behavior and other related theories to analyze the comprehensive case,and draws a conclusion that the payment conditions of the project payment in this case do not depend on the audit conclusions of the audit organs,and the payment conditions have not yet been achieved;the main payer involved in the case of 500,000 yuan should not be Sichuan Province.A construction labor company and a construction engineering company in Chengdu.Finally,based on this case,the author combs the shortcomings of the audit system and the audit conclusions of the audit institutions as the basis of the norm of project price settlement,and puts forward some thoughts and suggestions on the legislative level and contract signing,with a view to providing some reference for the settlement of such disputes.