Study On The Price Determination Of Invalid Construction Contract

According to the current laws,regulations and judicial interpretations,when the construction contract is invalid but the project is completed and accepted,the contractor may exercise the right to claim the compensation for the project price by referring to the contract.So how to determine that the construction price of an invalid construction contract(hereinafter referred to as "invalid construction contract")can balance the interests of all parties is worthy of our discussion.Based on this background,this article uses case analysis,literature research,and empirical research methods to discuss related issues.Based on the analysis of the identification of invalid construction contracts,the methods of dealing with invalid construction contracts are discussed.This article explains the legal principles of invalid construction contracts,which ca n’t be used to return to the original product.The legal principles behind the "validation" of the contract are explained.After introducing the basic overview of project prices,the author explores the existing methods of identification:the agreement that can reach the settlement agreement has priority,and the single or multiple invalid construction contracts or partially completed invalid construction contracts should be referenced in accordance with regulations.Contract discounts compensate project costs.Based on the status quo analysis,there are some problems in the determination of the price of invalid construction contracts:in the "invalid contract"there is a conflict of interest between the contractor and the issuer,so the subject of the right to claim the contract price is disputed;The problem of unauthorized use during the acceptance inspection is qualitatively unknown;price adjustments occur from time to time during construction,and frequent project changes cause price adjustments,which are prone to conflicts;current laws and regulations do not specify the scope of project prices,and whether the discount compensation includes profits etc.is also controversial..The author puts forward suggestions for the problem:the subject of the right to request the project price can be expanded to explain the purpose of balancing the interests of all parties,that is,the issuer should also have the same right to request the project price;the prerequisite standard for the project price shall be modified and handled in accordance with national standards As the bottom line,according to the agreed equilibrium price,the actual delivery and unauthorized use can be regarded as the default acceptance and qualified treatment;clarify the cause of the project change,pay attention to the pre-regulation and post-event evidence collection of the project price adjustment caused by the project change;protect the cost value of the project,and use fault The principle determines whether the profits,etc.in the discount compensation should be included.