[lawyer argument]
Contract without the project contract, contract to just be bilked the possibility of Zhang is extremely tall, but as follows 5 kinds contract the contract is invalid, have be equal to.
1, the contractor did not obtain aptitude of building construction company to perhaps transcend aptitude rank, contract of signed construction project construction is maintained invalid
2, must undertake invite public bidding and not invite public bidding perhaps wins the bid invalid, contract of signed construction project construction is maintained invalid
3, the actual construction person that does not have aptitude uses the name of building construction company that has aptitude, contract of construction project construction is maintained invalid
4, construction company is illegal subcontract, violate minute of bag, the contract that build a project and signs is invalid
" regulation of construction project quality " the 78th the 2nd section provision, violating minute of bag is to point to:
(1) always contract the unit distinguishs construction project the bag to give the unit that does not have corresponding aptitude requirement;
(2) construction project always contracts the agreement is had no in the contract, approbate without building an unit again, contract construction project hands in the part that the unit contracts his to be finished by other unit;
(3) construction always contracts the unit applies those who build structure of project main body workpoint to include other unit;
(4) the construction project that the unit that distribute a packet contracts his distributes a packet again. Subcontract is to point to contract the unit contracts after building a project, the responsibility that nonperformance contract agrees and obligation, the subcontract of total construction project that contracts its directly gives another person.
Contract law sets: About lawbreaking, administrative regulations mandatory formulary contract should be belonged to invalid
5, under cost price (win the bid) and signed contract should be belonged to invalid
Our country " invite public bidding bids " law thirtieth 3: "Bidder is not gotten with the quote contest mark under cost, also must not bid with other name or with other way practise fraud, diddle wins the bid. " this law the 43rd: "In win the bid certainly before the person, person of invite public bidding must not bid with bidder the price, bid the materiality content such as plan undertakes negotiating. " the content that provides according to two, can see to bidder the circumstance under mark of cost price contest, it is public proclamation illicit. Although our country " invite public bidding bids law " in it is clear will include under the circumstance of mark of cost price contest win the bid invalid category, but according to our country " contract law " about lawbreaking, administrative regulations mandatory formulary contract should belong to invalid regulation, bidder with disobeying me apparently under mark of cost price contest " invite public bidding bids law " mandatory regulation, should belong to invalid.
The contract is not trifling matter, must careful, lest the get into trouble when dimension authority.
Thank you read, [legal brain trust] assemble domestic professional lawyer, be about to roll out " free law seeks advice " , " you engage in a lawsuit I submit an expense account " service. If like our content, pay close attention to please [legal brain trust] , encourage nod an assist ~
Wonderful reviewingWhat is husband and wife common property, does your true all understand?
Criminal [records] series article -- reach the 17th the 1st piece