In the field of construction engineering, the phenomenon of affiliation is not uncommon, and the resulting legal disputes are also increasing. Among them, whether the affiliated person can claim the project price from the affiliated person based on Article 43 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Construction Contract Disputes (1) (hereinafter referred to as the "Judicial Interpretation of Construction Engineering (1)") frequently occurs in practice. After in-depth legal analysis and research on judicial practice, we can clearly conclude that: No.

1、 The legislative intent of Article 43

Article 43 of the Judicial Interpretation on Construction (I) stipulates: "If the actual construction party sues the subcontractor or illegal subcontractor as a defendant, the people's court shall accept it in accordance with the law. If the actual construction party claims its rights as a defendant against the employer, the people's court shall add the subcontractor or illegal subcontractor as a third party in this case. After determining the amount of construction project price owed by the employer to the subcontractor or illegal subcontractor, the court shall rule that the employer shall be liable to the actual construction party within the scope of the unpaid construction project price.

The original intention of establishing this clause is to protect the legitimate rights and interests of the actual construction personnel who invest funds, manpower, and material resources in engineering construction in situations such as subcontracting and illegal subcontracting. It breaks through the principle of contractual relativity and grants the actual construction personnel a remedy for claiming rights from the employer. Its purpose is to solve the problem of project payment arrears faced by actual construction workers in engineering construction, ensure that they can receive their due labor remuneration, and maintain the normal order of the construction market.

2、 Reasons why the affiliated party cannot claim the project price from the affiliated party based on this clause

1. Limitations on the scope of application of legal provisions

Article 43 of the Judicial Interpretation on Construction (I) specifically targets the actual construction personnel in subcontracting and illegal subcontracting relationships, and does not apply to affiliation relationships. The dispute between the affiliated person and the affiliated person cannot be directly resolved by applying this clause. The act of affiliation itself is illegal and fundamentally different from normal subcontracting and illegal subcontracting, and cannot be included in the protection scope of this clause.

2. The impact of the principle of contractual relativity

Although this clause to some extent breaks through the principle of contractual relativity and allows the actual construction party to claim rights from the employer, it does not mean that all rules of contractual relativity can be arbitrarily violated. In the affiliation relationship, disputes between the affiliated person and the affiliated person should be handled based on their internal agreements and relevant legal provisions. If the affiliated party is allowed to claim the project price from the affiliated party based on this clause, it will undermine the basic rule of contractual relativity and cause more legal confusion and unfairness.

3. Trends in judicial practice

From the perspective of judicial practice, when handling disputes between the affiliated party and the affiliated party regarding the project price, the court usually gives priority to reviewing the internal agreements of both parties. Even if the internal agreement is invalid, the court will make a comprehensive judgment based on factors such as the actual construction situation, the degree of fault of both parties, and the payment situation, in accordance with the principles of fairness and good faith, rather than directly judging based on Article 43 of the Judicial Interpretation on Construction (1). This further indicates that there is no judicial support for the affiliated party to claim the project price from the affiliated party based on this clause.

4. Confirmation of authoritative viewpoints

According to the national training textbook for court judges, "Rules for Adjudication of Construction Contract Disputes," the term "actual construction personnel" does not include affiliated personnel. If the affiliated person claims rights against the affiliated person based on this provision, the people's court will not support it. This authoritative viewpoint further confirms the conclusion that the affiliate cannot claim rights based on this clause.

Conclusion

In summary, the affiliated party cannot claim the project price from the affiliated party based on Article 43 of the Judicial Interpretation on Construction (I). In construction activities, both the affiliated and affiliated parties should fully recognize the illegality and legal risks of affiliated behavior. In order to avoid unnecessary legal disputes and economic losses, all parties should strictly abide by laws and regulations and carry out construction activities in accordance with the law. If disputes arise, they should be resolved in accordance with the correct legal provisions and channels to safeguard their legitimate rights and interests.