In practice, there will be situations: one party puts forward a specific amount of project cost, and the other party does not recognize this amount but does not apply for appraisal.
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If the party fails to apply for appraisal after explanation, fails to pay appraisal costs or refuses to provide relevant materials despite applying for appraisal, it shall bear the legal consequences of failure to provide evidence.” In other words, if both parties put forward different specific project cost amounts and do not apply for appraisal, it shall be based on “who claims, who provides evidence” According to their respective litigation status, litigation claims and other factors, determine which party should bear the consequences of ineffective proof.
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In the case of dispute over construction contract of construction project, if the contract stipulates a fixed price for the project price, the project price can be determined according to the contract.
According to the Supreme People’s court The first paragraph of Article 32 of the interpretation on the application of law in the trial of disputes over construction contracts of construction projects (I): “If the parties have disputes over special issues such as project cost, quality and repair costs, and the people’s court deems it necessary to provide appraisal, it shall explain to the party bearing the burden of proof.
Introduction to Ma Defang lawyer: partner of Henan Chenzhong law firm, full-time lawyer, executive member of the education and Training Committee of Henan Lawyers Association, and member of the Civil Law Committee of Zhengzhou Lawyers Association Member of education and Training Committee, member of Zhengzhou staff legal aid lawyer group, part-time lecturer of Zhengzhou Institute of aviation industry management and internship instructor of law major of Henan police college.
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In this case, how to determine the project price? We believe that if the contractor puts forward a specific amount of project cost, the employer If the employer does not approve but does not apply for appraisal, the project cost can be determined according to the amount proposed by the contractor; if the employer proposes a specific project cost amount and the Contractor does not approve but does not apply for appraisal, the project cost can be determined according to the amount approved by the employer, so as to avoid the simple rejection of all litigation claims of the contractor.
This is reflected in Article 29 of the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (I): “if the parties have reached an agreement on the settlement of the construction project price before the litigation, and one party applies for appraisal of the project cost in the litigation, the people’s court will not allow it.” If the contract does not stipulate a fixed price, it may be necessary to determine the project cost through appraisal.
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Click the blue word above to follow our source | Excerpt from questions and answers on civil trial practice, compiled by the first civil trial division of the Supreme People’s court, first edition statement in July 2021 | This article is only for exchange and learning, and the copyright belongs to the original author.
Q: in the case of dispute over construction contract of construction project, when the project cost needs to be determined through appraisal, if one party puts forward a specific amount of project cost, and the other party does not recognize this amount but does not apply for appraisal, how should the people’s court determine the project cost? A: the first paragraph of Article 64 of the civil procedure law stipulates that “the parties have the responsibility to provide evidence for their claims”.
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