Although the project involved in the case has not been completed and accepted, it has been delivered to Chengyuan company.
The project contract clearly stipulates that the project price of Liu Niannian’s construction is calculated according to the building area and unit price, so the project involved in the case does not need to be subject to cost appraisal.
The project price calculated according to the construction area and unit price is clearly agreed in the project contract, so the project involved in the case does not need cost appraisal.
Liu Niannian is responsible for clearing five projects involved in the case.
Therefore, the court of first instance did not allow Chengyuan company’s application for appraisal of project quality, which is not improper…
Supreme Court: after the construction contract is invalid, must the dispute over the project price be determined through evaluation? Gist of judgment: the construction contract is invalid because the constructor in this case does not have the construction qualification of the construction project, but the construction party has the right to require the payment of the project price according to the contract.
Case index: dispute over construction contract of construction project of Heilongjiang Chengyuan Real Estate Investment Co., Ltd.
Chengyuan company has sold and delivered the house for use, and Chengyuan company has not submitted evidence to prove that it has raised an objection to Liu Niannian due to the project quality problems involved in the case.
Because he does not have the construction qualification of construction projects, the project contract is invalid, but Liu Niannian has the right to require payment of the project price according to the contract.
[(2020) supreme law min Shen No.
Article 13 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects stipulates that “if the construction project has not been completed and accepted, and the employer uses it without authorization, and claims rights on the ground that the quality of the used part does not meet the agreement, it shall not be supported”.
2646] dispute focus: after the construction contract is invalid, must the dispute over project price be determined through evaluation? Judgment opinion: the Supreme Court held that the original trial court did not approve whether Xu Chengyuan’s application for appraisal of project cost and quality involved in the case violated legal procedures.
