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建设工程施工合同无效之后,如何处理当事人不同的结算请求?实践中莫衷一是,有按照备案合同即所谓白合同进行结算处理的,有按照双方之间所实际履行之合同结算处理的,有按照定额据实结算处理的,有按照据实结算不支持利润来处理的,还有按据实结算然后将据实结算价与合同价款的差值当作损失来处理的。本文即从一则案例入手,对此情况下的价款结算做一探讨,笔者最终得出应按双方实际所履行之合同进行结算的结论,当然是否正确合理,还有待进一步讨论。
How to deal with different parties’ settlement requests after the construction contract is invalid? In practice, there is no agreement between the two. In cases where there is a settlement contract according to the filing contract or the so-called white contract, the settlement contract is handled according to the actual performance of contracts between the two parties. The actual settlement, according to the actual settlement does not support the profits to deal with, and according to the actual settlement and then the actual settlement price and contract price difference as a loss to deal with. This article starts from a case and discusses the price settlement in this case. The author finally concludes that the settlement should be settled according to the contract actually performed by both parties. Whether this is correct or not remains to be further discussed.