From the current legal provisions and judgment cases, the settlement agreement is the liquidation of the existing debts of the employer and the contractor, which is independent of the construction contract.
Therefore, the people’s court generally only recognizes the agreement on the project price in the settlement agreement, but does not recognize the liquidated damages and losses.
Can the affiliated person of [Construction Engineering legal affairs] break through the relativity of the contract and claim the project price from the construction unit? [legal affairs of Construction Engineering] the Contractor shall pay attention to us during the period of exercising the priority of compensation for the construction project price and eliminating the rejection, so as to minimize the risk ↑ welcome.
For previous recommendations, please click the following link ↓ [Construction Engineering legal affairs] in practice, the effectiveness and defense of back-to-back terms.
Chen Ming requested Guizhou bajian to bear the liability for breach of contract according to the above invalid agreement, which lacks legal basis.
Reference case: (2021) the gist of supreme law minshen No.
Determining that the settlement agreement is effective is conducive to protecting the legitimate interests of the contractor or the actual constructor.
In the case of invalid construction contracts, is the settlement agreement signed by the employer and the contractor effective? A: Generally, it can be recognized as valid, but it is only limited to the project price.
However, when the construction contract is invalid, almost all the contractors or actual constructors are the main fault party, and the people’s court does not support them to obtain the same benefits as when the contract is valid.
5511 judgment: the agreement on the liability for breach of contract for overdue payment in the settlement agreement signed by both parties is also invalid.
If the project price is not determined by referring to the settlement agreement, the employer and the contractor are likely to need to determine the settlement payment through the judicial appraisal procedure of the project price, which will also lead to litigation.
Q: Due to the nonstandard construction market, it is common for contractors to have no qualification and affiliated construction, resulting in a lot of invalid construction contracts.
The original judgment did not support Chen Ming’s request that interest should be paid at a monthly interest rate of 2%, which was not improper.
The first paragraph of article 793 of the Civil Code stipulates that the construction contract of a construction project is invalid, but if the construction project passes the acceptance, the contractor may be compensated at a discount according to the contract on the project price.
