Research On The Basis Of Claim Right Of Actual Constructor For Project Payment

Illegal subcontracting phenomena of construction project is very common in our country.The actual constructor have no written agreement with the developer.When the contractor is lazy in paying the project payment,rights of the actual constructor are often difficult to be guaranteed.In view of this dilemma of the actual constructor,the judicial interpretation makes clear that the actual constructor can directly claim the project payment from the developer.According to the provision of judicial interpretation,firstly,this paper analyzes the connotation of the actual constructor and explores the necessity of the special relief of actual constructor.Based on these analyses,the paper analyzes the identification of the actual constructor in the judicial practice.Secondly,in order to solve the problem of identifying the developer,the paper further analyzes the basis of the claim right of the actual contractor : the chapter first analyzes that the actual contractor and the developer can become actual contractualrelationship,and then argues that the actual constructor who are outsiders for the contract can claim their project payment based on the right of subrogation.Thirdly,based on different claims,the paper analyzes the conditions that actual constructors need to claim rights.If the developer and the actual constructor reach actual contractual relationship,the actual constructor can directly make a request to the developer.If the actual constructor exercise the subrogation right,they must comply with the legal rule of subrogation right.Finally,this article analyzes what contract the actual constructor should follow when they ask for the project payment.After the contract is determined,the scope of the project payment was analyzed.