Study On The Judgment Rules Of The Contract Effectiveness Dispute Of Construction Engineering Design

Contracts for construction projects may be divided into contracts for survey of construction projects,contracts for design of construction projects and contracts for construction of construction projects.In recent years,there have been numerous academic research results in the field of construction project construction contracts while few in the field of design contracts for construction projects.However,in the trial practice,different judgments have been made for cases involving disputes over the validity of design contracts for construction projects.Unifying the adjudication rules for such cases is urgently needed to enhance the judicial credibility and regulate the design industry for construction projects.In addition to the introduction and conclusion,this paper is divided into four parts,with more than 30,000 words in total:Part Ⅰ: Current situation on the trial of cases involving disputes over the validity of design contracts for construction projects in existing judgments.From the perspective of trial procedures,there are more cases involving disputes over the validity of design contracts for construction projects in the trial of second instance than those in the trial of first instance;from the trial of second instance,there are a high rate of amending judgments for cases involving disputes over the validity of design contracts for construction projects;from the focus of disputes over the validity of design contracts for construction projects,there are five focuses of disputes over the validity of design contracts for construction projects: how to determine the validity of the contract,whether the contract is valid,how to calculate the design fees,whether liquidated damages are supported and how to calculate the interest on overdue payment of design fees;from the judgment results,there are more judgments on disputes over the validity of design contracts for construction projects.Part Ⅱ: Investigation on the rules for correcting the validity of design contracts for construction projects in existing judgments.In the trial practice,different judgments have been made for cases involving disputes over the validity of design contracts for construction projects,which are mainly reflected in two aspects: determination of the validity of design contracts for construction projects and handling of invalid design contracts for construction projects.With regard to the determination of the validity of design contracts for construction projects,firstly,there are different rules for determining the validity of design contracts for construction projects concluded without qualification or beyond the qualification scope of the designers;secondly,there are different rules for determining the validity of design contracts for construction projects concluded without bidding that should have been invited.With regard to the handling of invalid design contracts for construction projects,firstly,there are different rules for handling design fees: some courts handle the cases with reference to design contracts for construction projects,some courts deduct profits on the basis of design contracts for construction projects,and some courts handle the cases with reference to the results of third-party appraisal;secondly,there are different rules for handling the interest on overdue payment of design fees,some courts support,some courts do not support,some courts hold that the interest shall be calculated from the date of filing an action,some courts hold that the interest shall be calculated from the date of delivery of design results,and some other courts hold that the interest shall be calculated with reference to the design contracts.Part Ⅲ: Unification of rules for the determination of invalid design contracts for construction projects.Based on the relevant theories for the determination of invalid contracts,there are two rules for adjudication: firstly,the design contract for construction projects signed by the designer without or beyond the qualification is valid;secondly,the design contract for construction projects that shall be subject to bidding is invalid.Part Ⅳ: Unification of rules for handling invalid design contracts for construction projects.Based on the relevant theories for handling invalid contracts,there are two rules for adjudication: firstly,the quality of design results shall be considered before the conversion compensation is made,and the conversion compensation shall be calculated with reference to the results of appraisal conducted by a third party;secondly,the interest on overdue payment of design fees is within the scope of damages.The interest on overdue payment of design fees shall be calculated with reference to the market quotation interest rate(LPR)for the same period,and shall be shared according to the degree of fault of the employer and the designer.