The reason for the invalidity of construction contracts with insufficient qualifications is that they violate administrative regulations prohibiting business operations.
In principle, they should be deemed invalid.
This is a simple observation of whether the enterprise has the ability to construct, because qualified enterprises have basic technical personnel and construction equipment in construction, which can ensure that the project is completed with quality and quantity, even if problems arise during the construction process, there are places to hold accountable.
Thus, it can be seen that building qualification certificates are very important.
Qualification certificates are an affirmation of a company’s capabilities, and they complement the law, thereby making customers more confident and satisfied.
Qualification certificates are like catalysts to enhance customer trust.
If an enterprise does not obtain the corresponding qualification certification, even with sufficient registered capital and strong strength, it cannot carry out construction.
The role of qualification certificates is very significant, not only as the foundation for a construction company to undertake projects, but also for many other purposes.
If we do not obtain qualification certificates, we will have the risk of doing the project but not receiving money.
On the other hand, it also notes that “in reality, there is a widespread phenomenon of signing contracts beyond the qualification in certain areas”, and makes modifications to the treatment of its effectiveness, Allow the parties to claim rights based on the contract in the event of obtaining qualifications or qualified engineering quality afterwards.
Specifically, there are the following points: The role of construction qualifications: 1.
Whether the construction qualification certificate is available or not has a bearing on whether the construction enterprise can get the project payment.
Similarly, for construction contracts with insufficient qualifications by construction enterprises, the court’s judgment results may sometimes be completely opposite
Therefore, obtaining a qualification certificate is a prerequisite for the survival and operation of the enterprise.
If the enterprise does not have the corresponding qualification during construction, even if the qualification is obtained later or the construction project has been completed and passed the acceptance, the contract cannot be considered valid at this time.
However, according to the “Regulations on the Management of Construction Qualifications”, exceptions are recognized, and differences in understanding are also reflected in judicial practice.
The judicial interpretation uniformly identifies the construction contract without qualification as invalid on the ground of violating the mandatory provisions.
Without enterprise qualifications, one cannot take on projects.
They can bring a sense of security to customers.
Before obtaining the corresponding qualification certificate, a construction enterprise lacks the civil rights and behavioral capacity of a legal person, and the legality of the contract it signs cannot be discussed.
The qualifications of construction companies: mainly check the qualifications of construction enterprises during the bidding process.