Research On The Legal Issues Of Construction Project Claims In The "black And White Contract" Of Construction Projects

There are a lot of "black and white contracts" in the field of construction projects in China,it breaks the steady development of the construction market,and brings a series of social problems.Such as the unqualified engineering,ill legal subcontracting,false bidding,and so on.In China,there are many different standards on how to deal with the "black and white contracts".This kind of contracts exists which from the profound social and legal reasons.In order to have a fair,honest credit development environment,it must be strict management,and withdraw the contracts.How to deal with the "black and white contract" problem in practice,this paper discusses from three aspects.Through case analysis,it deeply displays the difficult handling in "black and white contract"disputation,and how the impact on society widely.The first part discusses the concept of'black and white contracts",characteristics,causes,social problems,the necessity to strengthen the legal supervision.The depth analysis of "black and white contracts"about background and influence from the social and legal angle.The second part discusses the law use of "black and white contracts",the court how to determine the validity of the contract,whether the contract change would become a,"black and white contracts"," black and white contract "projects identified,and judicial processing in the balance of interests and social standard more than I can say.The third part discusses the management of law risks on the problem of claiming funds.The contract is not standardized,the price agreement is not clear directly caused the dispute of the project.As an important supplementary form of the contract,the visa can be used as the basis for the claim.In a broader sense,the contracts should need the supervising from government.The fourth part focuses on the extension of the discussion on Government regulation,strengthen the investigating of subject,control the process of performing,establish the system of guarantee,build the system of register,increase the punishment of administrative and judicial sanction.At last but not the least,it can solve the problem from the improvement of lawmaking,which can guide the the healthy and sustainable development of the construction market.