Research On Legal Issues Of Black And White Contracts In Construction Engineering Construction

With the vigorous development of my country's construction industry,the legal issues and disputes arising from the implementation of construction contracts in the field of construction engineering have shown a geometric growth trend.However,due to the complexity of the construction project itself,the long construction period,the large amount of the target,and the many immeasurable factors in the later period,how to avoid the legal risks that arise during the execution of the construction contract,and how to use legal means when the risk is transformed into a dispute Solving the problem has become a key problem in the field of construction engineering.This article is based on the status quo of disputes caused by "black and white contracts" in construction engineering construction in judicial practice,and focuses on the effectiveness of "black and white contracts" in the field of construction contracts and other related issues caused by disputes over the effectiveness of "black and white contracts".Based on legal regulations and judicial practice,the legal issues of "black and white contracts" for construction projects are studied.In addition to the introduction and conclusion,this article has five parts:In the first part,by studying the concept and cause of the "black and white contract",it refines the specific characteristics of the "black and white contract" and analyzes its harm to form an overall understanding of the "black and white contract".The second part analyzes the definition of "black and white contract",analyzes the phenomenon of different judgments in the same case in judicial practice,clarifies that "substantial change" is the defining element of "black and white contract",expands thecommon types of "substantial change",and proposes Two considerations serve as the basis for the determination of "substantial changes".The third part analyzes the basis for determining the validity of the "black and white contract",distinguishes the validity of the "black and white contract" under different circumstances,and proposes an exploratory approach to the current legislative difficulties in determining the validity of the "black and white contract" s solution.The fourth part summarizes the project price settlement of "black and white contracts" in different situations by combining judicial practice,and provides a treatment method with certain reference value for judicial practice.The fifth part is conclusions and recommendations.It is expected that under the continuous improvement and perfection of legislation,the unreasonable phenomenon of "black and white contracts" can be gradually eliminated,and the construction market of our country can be further regulated.