Research On The Legal Effect Of Construction Contract

Under the background of the national reform and opening up,the real estate has become the leading industry in our country,but the rapid development of the building market also brings a lot of actions against the prohibition of laws and regulations.Unqualified,illegal subcontracting,illegal subcontracting,construction projects should be tender without frequent tenders,which bring about the quality of the building.Without security,the frequent collapse of buildings in various places seriously endangers the safety of citizens’ life and property.Therefore,China has promulgated the construction law and the bidding law to standardize the behavior of the construction market,and stipulates a lot of cases that cause the construction contract to be invalid.In practice,there are huge disputes about the effectiveness of construction contract,and the contract is invalid.Disputes also arise in a large number of disputes in the field of construction.Based on the construction and construction field,this paper will explore the effectiveness of the construction contract.From the conclusion of the contract and the identification of the related subject qualification,this paper mainly discusses the relevant legal provisions of the situation which leads to the invalidity of the contract and the legal responsibility identification after the construction contract is determined to be null and void.This paper is divided into four parts from the structure,the contents of each part are as follows:In the first part,starting from the definition of construction contract,what is the construction contract? Then the characteristics of construction contract are summarized,and the three characteristics of construction contract are summarized,which are the particularity of the construction contract subject,the more strict supervision of the construction contract,and the form of the contract contract which should be conformed to the corresponding contract.This part also discusses some illegal activities in the construction field,but because the law does not consider it as the case of the contract invalid,there are many disputes in the practice of the construction contract based on the contract.The article mainly enumerates the dispute about the validity of the contract concluded by the contractor in the case of "lack of four certificates";" The validity of the contract is debating and the validity of the labor subcontract is debating.In the second part,the establishment and the effective elements of the construction contract are discussed,and the establishment of the construction contract needs fourimportant elements,such as the subject,the object,the subjective aspect and the objective aspect,as well as the general contract.However,the main subject is more strict than the general subject.It is discussed whether the relevant provisions of the contract law’s formal requirements are applicable to the field of construction.The third part discusses the situation that leads to the invalidity of the construction contract.There are four kinds of cases in which the construction contract is invalid according to the regulations of the construction law,which are:(1)the contractor has not obtained the qualification of the construction enterprise or surpassed the qualification grade;(2)the unqualified actual builder borrows the name of the qualified construction enterprise;(3)the construction project must be entered.If a tender is not tender,or the bid is invalid,(4)a contract signed by illegal subcontracting and illegal subcontracting is invalid.The core of the first two cases is that the construction contract of the actual constructor’s qualification is invalid,so this chapter summarizes the first,second situations in the same way as "the construction contract that does not have the subject of the corresponding qualification",and then discusses the provisions of the contract invalidation in third or fourth cases respectively.The provisions of invalid contracts caused by illegal subcontracting and illegal subcontracting.The fourth part mainly discusses the legal consequences of the construction contract invalidation.This chapter is also divided into three pieces of discussion.First,it discusses the legal consequences of the construction and construction contract being identified as the contract invalid before the establishment of the construction contract,and then discusses how the construction and construction are identified as ineffective in the course of the implementation of the construction,and the base of this chapter is the foothold of this chapter.As long as the construction contract is completed and accepted,whether the construction is effective or not,the actual contractor can claim the price of the project to the employer.