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In the field of construction engineering, the question of whether the construction party of the project for completion and acceptance will be able to get the project price is often affected by the validity of the contract and the quality of the project. In the case of invalid contract, the principle of handling is mutual return, but the treatment of the invalidity of the construction contract has its particularity. This article will focus on this topic and delve into the principles of handling the invalidity of the project contract and the criticality of the project quality.
First of all, the principle of mutual return is the principle of contract invalidity, which is generally applicable to all kinds of contract disputes. However, in the construction contract of a construction project, since the manpower and material resources already paid by the contractor have been fixed into the project, if it is handled in accordance with the principle of mutual return, it will cause a waste of resources and huge social costs, which is obviously uneconomical. Therefore, Article 793 of the Civil Code stipulates that if the construction project contract is invalid, but the construction project experience is qualified, the contractor may be compensated with reference to the agreed discount of the project price in the contract.
Secondly, the quality of the project is the lifeline of the construction project. Under normal circumstances, the acceptance of the project means that the quality of the project is qualified, and the project with qualified quality can be delivered normally and has its own value. The court may, with reference to the contract, order the employer to compensate the contractor at a discounted price. It should be noted that the premise of discount compensation is that the project itself has utilization value, and if there is no utilization value due to unqualified quality, there is no discount compensation.
However, in practice, the quality of the project may lead to the invalidity of the contract, which in turn will affect whether the construction party can get the project price. Therefore, it is important for the construction party to ensure the quality of the work before signing the contract. On the one hand, good engineering quality can increase the value of the project and help to win more rights and interests in contract disputesOn the other hand, qualified quality projects can ensure the normal use of the project, avoid potential safety hazards caused by quality problems, and improve the overall efficiency of the project.
To sum up, whether the construction party of the project can get the project price for completion and acceptance not only depends on the validity of the contract, but also closely related to the quality of the project. Therefore, in practice, the construction party should pay attention to the quality of the project to improve the value of the project and ensure its own rights and interests. At the same time, the employer should also fully consider the quality of the project when selecting the construction party to reduce the risk of the project.
In short, in the case of the invalidity of the construction contract, the criticality of the quality of the project cannot be ignored. By strengthening project quality management and supervision, the risk of contract disputes can be reduced and the smooth implementation of the project can be ensured. At the same time, in the process of contract dispute settlement, the principle of discount compensation strives for more rights and interests for the construction party, and realizes the fairness and reasonableness of both parties. construction site