Study On The Case Of Qin V.Wenzhou Business Company About Construction Project Contract Dispute

With the vigorous development of China’s construction industry,disputes over construction contracts involving many subjects of interest have been arising and are becoming more and more complicated.As the construction projects in dispute often include many links from survey,design,planning to contracting,construction and acceptance,the limitations of legal provisions,the lack of market supervision and the variability of the real situation and other factors eventually lead to the identification of the actual builder,the application of the back-to-back clause and other related legal issues.However,what is more worthy of our attention is that the legal issues in construction dispute cases are often accompanied by numerous legal issues in other related fields.For example,in practice,in order to circumvent the legal requirements for special qualifications in construction industry,the final construction body will adopt the project manager system or establish internal contracting relationship with the contractor or entrusted agency relationship to achieve its purpose of contracting to the project,in this case,once the construction payment dispute occurs,besides the legal relationship of construction contract,it will also involve the identification of labor relationship or labor service relationship,entrusted agency relationship and other legal issues.The legal issues such as the determination of agency relationship.For example,the construction industry often implements the project management system,which leads to the common phenomenon of stamping the project department seal and signature by the project manager when purchasing or leasing construction equipment and signing settlement documents during the construction process,and whether the corresponding legal effect can be produced at this time will involve the identification of apparent agency and other related legal issues.The complexity and controversial nature of construction disputes are caused by the huge construction market and the rapid development of China’s construction market.The central case in this article is a construction dispute case undertaken by the author in the course of his practice as a lawyer.In the process of handling the case,the author has read the relevant literature and summarised the representative issues involved in the case at a theoretical and practical level: identification of the identity of the actual manufacturer,the establishment of the apparent agency,and the legal treatment of competing claims.Due to the limited space of the article and the author’s research,only these three legal issues are the main object of study.Although these three issues have been studied at the theoretical level,the legal application of each issue in the context of a particular case has rarely been studied in the context of actual cases.This paper takes real cases as the starting point,and uses the method of first generalizing and then dividing,and then breaking down each case in order to summarize and analyze the focal points of the cases.The most important value of the law is that it can be properly applied in each specific case and the problem can be fully solved.Therefore,the focus of this paper is to analyze the study cases and the existing theoretical views and judicial practice in China as a whole and further put forward the author’s personal views and thoughts on the relevant legal issues.In this way,we hope to provide a new perspective and way of thinking for the legal treatment of different issues in specific situations,in order to make the realization of the legal effect of stopping disputes more appropriate to the reality and convincing to the public.