Research On Legal Issues Of Project Price Settlement After Invalidation Of Construction Contract

Generally,the characteristics of construction project construction contracts are large amount of money,complex content,long performance period,and social and public interests.How to deal with construction project disputes is a difficult problem in case trial.In the disputes of construction contracts,most of the contradictions and differences are mainly reflected in the settlement of the construction price after the construction contract signed by both parties is invalid by the court.For example,should the contractor settle the contract with reference to the construction contract or according to the actual situation?What is the scope of settlement with reference to the terms of the agreement between the parties?Does the project issuer also have the right to apply to the court to settle the project payment with reference to the method agreed in the contract?Whether the actual construction person enjoys the right that the project cost is better than other creditors' compensation and how to exercise this right,etc.In response to these problems,this article believes that the project payment calculated by "referring to the contract agreement" is not the corresponding price paid after "validation of the invalid contract" in nature,but the "discount compensation”when there is no refund.When the construction project meets the quality standards for the completion acceptance,except for a few cases where the actual settlement is applicable,the project payment should be "referenced to the contract settlement."Regarding the specific scope of "contract settlement with reference to contract",the author believes that the nature of interest is statutory fruits,as part of the project price,it is allowed to refer to the contract,and the breach clause and payment conditions do not refer to the contract.The profit part can be analyzed according to the specific circumstances of the case.When the contractor is not at fault,it is allowed to settle with reference to the contract,and the profit should be collected as illegal income when there is a fault.In order to further guarantee the realization of the credit of the project funds,the Contract Law stipulates a special system in which the contractor has priority in obtaining project funds.Through comparative analysis,the author defines the right subject of the right to be compensated for the project money as the right holder who enjoys the credit right of the project money.The scope of the right includes all the project price.The calculation will start on the day the project price is paid.The issue of project settlement not only concerns the interests of the contract issuer,but also relates to the protection of the rights of the actual builder.The actual builder is not the counterparty to the contract with the contractor,and its rights are more vulnerable to damage.Therefore,the system related to the actual builder is also within the scope of this article.This article takes the legal issues involved in the settlement of the construction price after the construction contract is invalid as the research topic,analyzes the legal basis of the "contract settlement of the construction price" and the application of the law,and studies the disputes of the special system.Through the discussion of the above issues,I hope to provide theoretical support and institutional recommendations for the establishment of unified trial standards in judicial practice,so as to resolve the difficulties of judicial practice.