How to determine the actual loss after the construction contract is confirmed to be invalid

Legal analysis: 1. The contractor has not obtained the qualification of the construction enterprise or has exceeded the qualification level; 2. The actual builder without qualifications borrows the name of a qualified construction enterprise; 3. The construction project must be tendered but the bidding is not carried out or the bid is invalid.

Legal basis: "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts" Article 1 If a construction contract has any of the following circumstances, it shall be found invalid in accordance with the provisions of the first paragraph of Article 153 of the Civil Code:

1) The contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level;

2) The actual constructor without qualifications borrows the name of a qualified construction enterprise;

C) the construction project must be tendered and not tendered or the bid is invalid.

The construction contract signed by the contractor with others due to subcontracting or illegal subcontracting shall be found to be invalid in accordance with the provisions of the first paragraph of Article 153 and the second and third paragraphs of Article 791 of the Civil Code.

A) does not have the main body of construction activities qualification enterprises or individuals into construction contracts.

Construction enterprises, survey units, design units and project supervision units engaged in construction activities must hold corresponding business licenses, qualification certificates and other certificates. If the contractor does not have the construction project qualification to sign a construction contract with another person, the contract shall be invalid.

2) The actual constructor without qualifications borrows the name of a qualified construction enterprise;

The law prohibits units or individuals without statutory qualifications from using the construction contracts signed by construction enterprises with statutory qualifications in the form of affiliation, joint venture, internal contracting, etc., and such contracts are invalid because they violate the mandatory provisions of the law.

3) The construction project must be tendered and the bid is not tendered or the bid is invalid.

Except for those that are not suitable for bidding, construction contracts must be concluded in accordance with the law in accordance with the bidding and bidding methods. If the construction contract signed is invalid due to malicious collusion, internal appointment of tenderers, leakage of the bottom of the bid, etc., in violation of the bidding procedures, the contract shall be invalid.

4) The contractor illegally subcontracts or illegally subcontracts.

If the contractor fails to subcontract or subcontract the construction project in accordance with the law, the construction contract signed by the contractor shall be invalid.

5) The "three noes" construction contract signed between the employer and the contractor.

The so-called "three-no" construction project contract refers to the construction project that is the subject matter of the construction contract signed between the employer and the contractor, and the construction project has not been obtained, the planning permit for the late assignment of the construction project has not been obtained, and the construction application procedures have not been completed. The law stipulates that the construction project must have three certificates, otherwise the construction contract is invalid, but if it is reissued within a reasonable period of time after signing the contract, the contract is valid.

1. Construction contracts signed by fraud and coercion.

2. Construction contracts that maliciously collude and damage the interests of the state, the collective or a third party.

3. Construction contracts that conceal illegal purposes in a legal form.

4. Construction contracts that harm the public interest.

5. Violation of the mandatory provisions of laws and regulations for construction workers to change the contract.

It should be noted that in the case of invalid construction contract, if the quantity inspection has been completed and qualified, the employer shall pay the project price. If the contract is invalid due to the fault of one party, the party at fault shall compensate the other party for the corresponding losses, and if both parties are at fault, they shall bear their respective responsibilities according to the size of the fault. If the two parties fail to negotiate compensation, they can entrust a construction lawyer to the court to claim compensation.

Legal analysis: the scope of compensation for losses after the invalidity of the construction contract is: after the contract is invalid or revoked, the property obtained due to the contract shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price.

The party at fault shall compensate the party for the losses suffered by the party at fault, and if both parties are at fault, they shall each bear the corresponding responsibility.

Legal basis: Article 157 of the Civil Code of the People's Republic of China: After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility.

Where the law provides otherwise, follow its provisions on imitation sliding photography.