Study On Applicable Rules Of Project Price Law Proposed By The Actual Builder To The Developer

The actual construction person is based on the illegal construction contract,but belongs to the construction subject who actually organizes the construction and finally completes the project.The labor value paid by such subject and the due right of the project price should not be ignored.In this paper,empirical research method,comparative research method,literature analysis method and other research methods are used to analyze and study the legal protection rules for the actual construction personnel to claim the project price from the developer.This paper firstly defines the scope of the actual constructors and expounds the necessity of the legal relief of the actual constructors’ claims on the project price from the perspective of analyzing the nature of the claims claimed by the actual constructors to the developer.Then claim to the developer to actual construction rules of law applicable to the specific analysis of the price of the project,including the applicable conditions,suitable subject,the burden of proof,can be directly to the developer claims construction engineering the priority of compensation with respect to price,"explains two" after the actual construction people claim to the developer in the nature of the engineering cost is to be ascertained.Then it points out that there are still many problems in the application of the law to claim the right of construction price from the developer,which need to be unified by the judiciary.Whether the actual construction personnel under the multi-layer illegal subcontracting or illegal subcontracting can claim the project price to the intermediate link;Whether the priority compensation right of project price can be subrogated claim,etc.Finally,in view of the above problems,the author proposes to reconstruct the applicable rules of laws for the actual builder to claim the project price from the developer,including that the project completed by the actual builder has passed the acceptance inspection,and the contractor and the developer are allowed to claim the project price from the developer when they are idle in settlement;It is clear that in the multi-layer illegal subcontracting and illegal subcontracting relationship,if the developer has no debt and the actual builder has no payment capacity with the other party,the actual builder is allowed to claim the project price to the intermediate link;And allow the actual construction person to bring the subrogation lawsuit with respect to the claim of the project price to claim the priority of the project price.