Jiangsu Company V. Tangshan Company Construction Project Construction Contract Dispute Case Analysis

In the current judicial practice,it is generally accepted that the adjustment scope of Article 21 of Judicial Interpretation of Construction Project Contracts(?)should be limited.Its application should be premised on the validity of the white contract.In views of the legislative intent of this judicial interpretation,its purpose is to give priority to safeguarding the interests of the tenderer and the order of the bidding market.At that time,the reasons for the emergence of black and white contracts were mostly due to the contractor's starting price in the construction of the project,the request for a separate black contract,so the explanation is more inclined to protect the interests of the employer,when there is a black and white contract problem with the white contract as the basis for settlement.But the current market environment is very different from what it was at the time.The reasons for the emergence of black and white contracts tend to diversify.There are also cases in which the employer maliciously damages the contractor's interests by entering into a black and white contract.Therefore,in judging whether the application of Article 21 in the Judicial Interpretation of Construction Project Contracts should be premised on the validity of the white contract.Through the analysis of the previous article,we can find that in the "white contract" valid and "black contract" is invalid,"white contract" as the basis ofsettlement is undisputed,through the general legal principle can be judged,there is no need to apply the Article 21 of Judicial Interpretation of Construction Project Contracts(?)is necessary;However,the " black contract" and " white contract" are both valid only in the above-mentioned case of " non-mandatory bidding project black contract was signed first".IIn this case,the application of the white contract as the basis for settlement is due to the white contract is a legal change to the black contract,such a situation also does not have the the necessary to apply the Article 21 of Judicial Interpretation of Construction Project Contracts(?).Some courts use the Article 21 of Judicial Interpretation of Construction Project Contracts(?)as the basis for the provisions of construction contracts which are invalid due to substantive changes.As the case selected in this paper,but in fact,People's Republic of China Tender and Bidding Law Interpretation has more detailed regulations for this.Therefore,Article 21 of the Judicial Interpretation of Construction Projects(?)ceases to exist except in name.