When the relevant construction contract of the construction project stipulates the payment terms of the project price, if the contractor claims to pay the project price according to the terms, the people’s court shall support it.
Therefore, the court does not support Chen Shengfeng’s retrial request that the original judgment finds that the project cost standard is wrong.
Therefore, the original judgment was based on the cost quota of construction and installation projects in Gansu Province in 2013 when the contract was signed, and the quantities agreed in the contract were also based on the cost quota of construction and installation projects in Gansu Province in 2004 Pricing is not contradictory.
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Case index [civil ruling on disputes over construction contracts of construction projects such as Chen Shengfeng and Zhangye Hongji Construction Engineering Co., Ltd.] No.: (2021) Supreme FA min Shen No.
According to Article 2 of the interpretation of the Supreme People’s Court on legal issues applicable to the trial of construction contract disputes of construction projects, which states that “the construction contract of construction projects is invalid, but the construction projects pass the completion acceptance, and the Contractor’s request to pay the project price according to the contract shall be supported”, although the construction contract involved in the case is invalid, the construction contract The fixed total contract price is agreed, and the pricing standard is agreed as the cost quota of construction and installation projects in Gansu Province in 2004.
In addition, if the quantities or quality standards of the construction project change due to the design change, and the parties cannot reach an agreement on the project price, the project price can be settled by referring to the pricing method or pricing standard issued by the local construction administrative department when the construction contract is signed.
Therefore, the project price settlement of this case shall be calculated according to the 2004 cost quota of construction and installation projects in Gansu Province agreed in the contract, and Chen Shengfeng’s claim that it shall be priced according to the 2013 cost quota of construction and installation projects in Gansu Province has no basis.
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In addition, according to paragraph 2 of Article 16 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 “If the quantities or quality standards of the construction project change due to the design change, and the parties cannot reach an agreement on the price of this part of the project, the project price can be settled by referring to the pricing method or pricing standard issued by the local construction administrative department at the time of signing the construction contract.” According to the provisions of the contract, Hongji company and Chen Shengfeng failed to reach an agreement on the pricing standard of the newly increased workload after the contract was signed.
3654 case By: judgment court of construction contract of construction project: judgment date of the Supreme People’s Court: July 21, 2021 judgment reason: the Supreme Court held that the main problem to be reviewed in this case is whether the original judgment determines whether the project construction cost standard is wrong.
Key words construction project construction contract Project payment dispute Invalid contract The judgment gist of the project pricing standard: the invalidity of the construction contract of the construction project does not mean that the contractor cannot pay the project price according to the request of the contract.
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