Hu Bei Company Prosecuted Haitong Company On The Case Of Contract"black And White Contract"

Hubei Company Prosecuted Haitong Company on the case of contract "Black and White Contract" is a representative and valuable case under the development of market economy which with the company of Jiangsu yi jian prosecuted Changlong company and Sichuan company prosecuted Taidou company that all of them are the same case of contract effectiveness dispute which is the application of black-and-white contract effectiveness determination and legal application in the filed of construction engineering.The issue of contract effectiveness in the field is of great importance make sense.the black-and-white contract problems lead to the fact that the contract can not be actually performed or the price settlement of a black contract or a white contract in the process of performance is caused by serious differences and lead to work stoppage and loss identification and a series of problems,what more,it lead to a series of social problems such as shutdown and loss identification which intensifies social contradictions.Construction contract disputes mainly focus on the following issues: The first issue is the determination of the validity of the filing contract and the supplementary agreement,that is,whether the effectiveness of the black-and-white contract is high or low.According to Article 21 of the interpretation,the effectiveness of the white contract is higher than that of the black contract.The second focus of dispute is whether the applicable legal basis for the judgment of the effectiveness of the contract is correct.Article 21 of the interpretation clearly stipulates that the effectiveness of the priority filing contract is higher than that of the supplementary agreement.The third focus of dispute is how to settle the project price when the black and white contracts are invalid.According to the provisions of the bidding law and the interpretation,the settlement shall be based on the record contract or the contract actually performed.When the contract actually performed cannot be determined,the project settlement basis shall be determined through appraisal.Although in February2019,the Supreme People’s Court promulgated and implemented the Supreme Court’s about construction contract of judicial interpretation(second).Article 21 of the judicial interpretation stipulates that the contract for bidding in violation of legal procedures is invalid and the determination of invalidity is supplementary agreement and filing,which is inconsistent with the substantive content of the contract.Provisions are too general and vague and construction contracts are very complex and special,which makes it difficult to solve affairs without specific legal provisions.It is through to the scholar viewpoint as well as the court hearing opinion contrast and the sample case analysis,proposed some personal viewpoints about the construction contract in the practice.,in order to better understand and study.