Mobile phone: 13970975935 directory 1.
2 big data analysis of construction contract disputes of Jiangxi Provincial High Court construction contract disputes of construction projects show an increasing trend with economic development.
Hongyuan company has transferred its rights and obligations in the construction contract signed with the nuclear industry company to Changbei company by signing an agent construction agreement with Changbei company.
Even in practical trials, there will be “different judgments in the same case”.
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（1） Analysis of the number of cases Through alpha database retrieval, up to now, Jiangxi Provincial High Court has heard 169 cases of construction contract disputes and made correction results.
Due to the rapid economic development, urbanization and modernization, on the one hand, promote the vigorous development of the field of construction projects, on the other hand, it also leads to the increase of contract dispute cases.
（5） Analysis of trial period Through the analysis of the trial period, it can be seen that under the current conditions, the trial time of Jiangxi Provincial High Court for construction contract dispute cases is mostly 31 to 90 days, and a few cases need more than half a year.
If it is true, the project payment should be increased..
The case background and legal relationship are becoming more and more complex, and the focus issues are becoming more and more controversial.
Eight typical dispute focuses 1.
It can be seen that the industry of construction contract disputes is still widely distributed.
The overall number of cases shows an upward trend, and the number of cases reaches the highest value in 2019.
If the actually performed contract is difficult to determine, and the party requests to compensate the contractor by referring to the agreed discount on the project price in the finally signed contract, the people’s court shall support it.
Author: Li Yi, partner of Jiangxi Yuzhang law firm; Nanchang excellent lawyer; Member of Honggutan District CPPCC; Honggutan district business environment supervisor.
Big data sources and legal retrieval 2.
Project payment and project cost disputes 2.
Disputes over project funds and project cost 1.
Big data source and case retrieval method time: before October 1, 2021 case source: alpha case base cause of case: construction contract dispute retrieval conditions: Court: Jiangxi Higher People’s court document type: judgment result includes: cancellation judgment result includes: number of judgment cases: 169 data collection time: October 1, 2021 note: different retrieval tools The number of cases retrieved is slightly different.
According to relevant laws and regulations, after the contract comes into force, if the parties have no agreement or unclear agreement on quality, price or remuneration, place of performance and other contents, they can supplement it by agreement; If no supplementary agreement can be reached, it shall be determined in accordance with the relevant provisions of the contract or trading practices.
If the project payment is increased due to the increase of work quantity, the visa and other written documents formed in the construction process shall be provided to confirm that the court believes that the outward transportation of sand and gravel will increase the work quantity of the constructor.
2020 and 2021 were greatly influenced by COVID-19, and the number of cases dropped steeply.
attached table of high-frequency reference law (comparison of old and new provisions) 1.
Changbei company has replaced Hongyuan company as the construction unit of the project and constitutes the construction project For the general transfer of rights and obligations under the construction contract, the nuclear industry company actually recognizes it and signs a supplementary agreement with Changbei company to confirm that Changbei company is the construction party, and the construction contract relationship between Changbei company and the nuclear industry company constitutes a construction project.
Interest disputes 3 Disputes over the validity of construction contract 4 Sales contract disputes 5 Joint and several liability disputes 6 Disputes over the right of priority 7 Tax related disputes 8 Disputes over construction period delay IV.
It can be seen that the subject amount of the construction contract of the construction project reviewed by Jiangxi Provincial High Court is relatively large.
If one party requests to compensate the Contractor by referring to the agreed discount on the project price in the actually performed contract, the people’s court shall support it.
（2） Industry distribution analysis It is not difficult to see from the figure that the sample cases are mainly concentrated in the construction industry, accounting for 49%, almost half of all disputes; Secondly, it is concentrated in other industries such as real estate, manufacturing, wholesale and retail, leasing and business services.
When the construction contract is invalid, the project price shall be compensated by the actual performance of the contract or the final signing of the contract.
But in the long run, the number of construction contract disputes will increase with the construction industry and infrastructure investment.
◇ reference provisions: Article 510 of the civil code ○ case index: (2015) gmyzz No.
Because the construction contract signed by the parties is deemed to be an invalid contract, according to Interpretation II of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects According to the provisions of Article 11, if the construction projects signed by the parties are invalid, the project price shall be determined according to the actually performed contract.
The above retrieval method can not guarantee the exhaustion of all relevant cases.
The employer signed the agent construction agreement After the rights and obligations of the construction contract of the construction project are transferred to others, there is no need to directly pay the project funds to the contractor.
Analyze and summarize the typical dispute focus of construction contract disputes in the second instance and retrial stage by using big data.
On the whole, the average trial time is 93 days.
According to the latest legal provisions, several construction projects signed by the parties on the same construction project are invalid The construction contract is invalid, but the construction project quality is qualified.
Note: the original cited article of the judgment is invalid.
The nuclear industry company shall claim the project payment from Changbei company, and Hongyuan company does not need to directly bear the project payment to the nuclear industry company ○ case index: (2014) Gan min Yi Zhong Zi No.
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（4） Subject amount analysis Among the construction contract dispute cases tried by Jiangxi Provincial High Court, the number of cases with the subject amount of “20 million yuan to 50 million yuan” and “10 million yuan to 20 million yuan” accounted for 46.49% of the total number of cases, followed by the subject amount range of “5 million yuan to 10 million yuan”, accounting for 21.69% of the total number of cases.
If the actual performance of the contract is difficult to be determined, the project price shall be determined according to the finally signed contract.
It is hereby explained.
If the parties claim the paid project funds by means of receipts, receipts, transfer vouchers and cash payment, they can be used as effective vouchers for the paid project funds if they can be confirmed by facts.
Gradually shrink the business direction, deeply cultivate the three fields, and devote to the three professional legal services of construction engineering, tax related legal services and enterprise legal counsel.
The payment method of project funds is determined according to the trading habits not agreed in the contract.
（3） Analysis of trial procedure As can be seen from the figure, there are 139 second instance cases and 30 retrial cases in which Jiangxi Provincial High Court has made judgments on construction contract disputes, reflecting that the parties have great disputes over their contract disputes and are more likely to appeal and retrial the judgment results.
Big data analysis of construction contract disputes of Jiangxi Provincial High Court of justice 3.
In order to further understand the latest judicial viewpoints and summarize how to provide more scientific, reasonable and effective professional legal services in the field of construction contract, this paper selects all the judgments of Jiangxi Higher People’s Court on the revision results of construction contract disputes, a total of 169, based on alpha legal retrieval database.
Eight typical dispute focuses 1.
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◇ reference Article: Interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects (I) Article 24 0 case index: (2019) Gan min Zhong No.
Through handling nearly 100 construction project cases of state-owned enterprise construction companies, he served as legal counsel for many real estate companies, and handled cases such as tax related administrative litigation of 100 million yuan and false issuance of special invoices for value-added tax (suspended for a huge amount).
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