[Rizhi 60 seconds] impact of invalid construction contract on construction period claim

He is especially good at criminal defense, mediation and litigation of various personal infringement disputes, Always abide by the professional ethics of lawyers and safeguard the legitimate rights and interests of clients according to law

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Therefore, when the construction contract of the construction project is invalid, the burden of proof for the claim for construction period is still very heavy

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Rizhi 60 seconds Rizhi 60 seconds is a learning platform established by young lawyers of Shanghai Jianwei (Jinan) law firm

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The effectiveness of the construction contract is of great significance for construction cases

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However, according to the principle that the party who claims to compensate for the other party’s loss according to the fault of the party, it requires either party to claim compensation for construction delay and bear a heavy burden of proof

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In this issue, I mainly share with you the impact on the claim for construction period after the invalidation of the construction contract

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Daily knowledge is wisdom

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The above contents are the author’s personal views, which are only for readers’ learning and reference, and do not represent the agency opinions of the law firm! Ren Zhenxing, a full-time lawyer, graduated from Jilin University of Finance and economics, and has participated in many influential criminal cases and disputes over contracts, personal infringement, construction contracts and housing expropriation compensation since he started his career

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At the same time, according to the judicial interpretation of Construction Engineering I, there is no provision that the liability for breach of contract can be handled with reference to the contract, so the liability for breach of contract of construction period cannot be determined with reference to the contract

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It is related to the payment of project funds, the claim for construction period and the claim for project quality

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It focuses on construction projects, real estate and general contracting

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I hope that through the accumulation of daily bits and pieces, it will flow into rivers and seas

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The construction contract of the construction project is invalid, and the agreement on the liability for breach of construction period in the contract is naturally invalid, so the liability for breach of construction period cannot be borne according to the contract

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First, it is necessary to prove that the fact of delay exists; Secondly, we should prove our own losses; Third, we should also prove the fault of the other party

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This is the second legal consequence after the contract is invalid according to the civil code of China, that is, the principle of fault compensation, requiring the parties to bear the liability for compensation

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It aims to improve the enthusiasm of young lawyers to learn professional legal knowledge and form a strong learning atmosphere in the law firm

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Then, if the construction contract of the construction project is invalid, the employer and the contractor should still compensate for the losses of the other party caused by the construction period delay

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Tel.: 15806651093 email: 770667012@qq.com 。

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When the contract is invalid, the legal effect of contract performance will not occur, so the responsibilities of both parties cannot be defined according to the contract, so the agreement on liability for breach of contract is of course invalid

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