| With the advancement of urbanization in China,the construction industry occupies an important position in the secondary industry and is an indispensable economic pillar in China.Construction contracts for construction projects have the characteristics of large subject matter,complex content,and long performance periods.When disputes arise,they often involve the protection of the interests of multiple parties.China’s legislation has established several mandatory legal provisions,causing a significant increase in the number of disputes arising from contract invalidity in practice.The invalidity of the contract results in the loss of a consensus basis for the distribution of responsibilities between both parties,causing a series of difficulties,among which the issue of determining the project price is particularly prominent.At present,although legislation stipulates that if the construction contract for a construction project is invalid and the quality has passed the acceptance inspection,the project price can be compensated based on the agreement on the project price in the contract.However,there is no precise guidance on how to correctly interpret this rule in judicial practice,and there are differences in understanding among judges at all levels,resulting in a judicial dilemma of different judgments in similar cases.Based on the above difficulties,this article analyzes the changes in legal provisions,theoretical disputes,and practical judgment trends in the treatment of invalid construction contract prices.Based on empirical materials,it summarizes and summarizes the judgment rules that are in line with the current practical situation.Strive to organize a comprehensive and clear systematic judicial trial operation path for engineering price discount compensation when the contract is invalid.This article consists of five parts,and the main content is as follows:The first part summarizes the trend in the number of practical cases of invalid construction engineering construction contracts,analyzes the main controversial points,and concludes that the issue of handling the price of invalid construction contracts has practical value for discussion and research.Secondly,sorting out theoretical and practical disputes,pointing out the shortcomings that urgently need to be addressed in the current process of compensating for the discounted price of invalid construction contracts;The second part explores the application of the rule of "discounted compensation" for invalid contract project prices.By analyzing the basic claim rights for discounted compensation and combining with the characteristics of the construction project itself,the discount standard and compensation value range for discounted compensation of the project price are clarified;The third part analyzes the subjective discount compensation standard of "reference contract agreement" adopted by legislation,excavates the theoretical meaning of "reference" contract agreement,and solves disputes related to the reference basis of the project price request subject,applicable object,and other related disputes based on theoretical and judicial perspectives;The fourth part analyzes the use of the word "can" in the legislative provisions,and proposes that the objective discount compensation standard of "fixed price,market value" is still legitimate and feasible in combination with judicial practice,so as to explore the special application of the objective discount standard and solve the internal application order of the two methods;The fifth part studies the issue of relief when a contract becomes invalid and cannot compensate for losses even after the project price is discounted.By elaborating on the theoretical issues of the claim basis and compensation scope of general contract invalidity damage compensation liability,it clarifies the request basis and specific rules applicable to the loss compensation liability after the construction project construction contract becomes invalid. |
