Study On Legal Problems Of Construction Disputes By Borrowing Qualifications

It is a common phenomenon in the field of construction that contractors actually contract projects in the nane of construction enterprises with corresponding architectural qualifications.Usually,the actual contractor pays the management fee to the nominal contractor,the nominal contractor does not take part in the actual project management.It only provides the necessary proof material and documents for the actual contractor,the actual contractor self-organize construction,independent accounting,independent operation and self?financing.Because the actual contractor is similar to the internal contractor in the external performance.So in judging whether or not to borrow a qualification,we should combine the management and affiliation of personnel and branches,the relationship of property rights of production materials,and the relationship between financial management and so on.Contract disputes related to the borrowing of construction qualifications,the construction disputes usiually focus on the settlement of the construction contract price and the compensation for losses,the responsibility for external acts,and the default of the project payment.According to the basic theory of civil law,such as the validity of contract,fault of contracting,agency by estoppel,relativity of contract,etc.This paper considers that the contract signed by the actual contractor is invalid due to violation of the mandatory provisions of the law,it should be dealt with according to the fifty-eighth provision of the contract law.If an external act is effective and constitutes an agency by estoppel,the affiliated party shall bear the responsibility.The actual contractor can break the contract relativity principle and advocate the project payment to the employer.But in the trial practice,the court should examine whether the nominal contractor has a positive claim to the project money,or the name contractor is bankrupt,the whereabouts are unidentified,the legal person's qualification is lost and so on,and it also examines whether the arrears belong to the wages of the migrant workers.