3.
The warranty period for construction projects shall be calculated from the date of passing the completion acceptance.
Article 21 of the revised judicial interpretation stipulates: “If the parties agree that if the employer fails to reply within the agreed time limit after receiving the completion settlement documents, it shall be deemed to have approved the completion settlement documents, it shall be handled in accordance with the agreement.
If the contractor requests to settle the project price in accordance with the completion settlement documents, the people’s court shall support it.” 4.
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Article 19 of the revised judicial interpretation stipulates: “If the parties have agreed on the pricing standard or method of the construction project, the project price shall be settled in accordance with the agreement.
Such provisions are also included in the construction contract (model text) (gf-2017-0201).
The problem of determining the project price according to the completion settlement documents: in order to prevent the Employer from delaying the settlement, the parties to the construction contract of the construction project It is generally agreed in the contract that the employer will not reply within 28 days or other agreed time limit after receiving the completion settlement document, which is regarded as approval of the completion settlement document.
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If the contract is invalid, it is unfair to the contractor not to deal with it according to the agreement and deal with it according to the loan interest rate.
Article 795 the contents of a construction contract generally include terms such as the scope of the project, the construction period, the commencement and completion time of the intermediate handover project, the project quality, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, appropriation and settlement, completion acceptance, the scope and period of quality warranty, mutual cooperation, etc.
If there is no agreement, the interest shall be calculated according to the interest rate of similar loans in the same period or the market quotation interest rate of loans in the same period.” Article 27 stipulates: “The interest shall be calculated and paid from the date of the project price payable.
If the quality is unqualified, it shall be handled in accordance with Article 793 of the civil code.
Finally, the interest rate belongs to the magic fruit and is not fair to the contractor It belongs to the actual loss and does not apply to the principle of fault liability.
” When the contract is invalid, the interest on arrears should also be calculated and paid with reference to the contract agreement, because: first, the contract agreement reflects the true intention of the parties; second, the current bank loan interest rate is lower than the market interest rate.
Understanding points: 1.
The difference between the warranty period and the defect liability period: the warranty period is the project warranty period, and Article 40 of the regulations on the quality management of construction projects stipulates: “under normal use conditions, the minimum warranty period of construction projects is: (I) Infrastructure works, foundation works and main structure works of housing buildings are the reasonable service life of the project specified in the design documents; (II) roof waterproof works, toilet, room and external wall leakage prevention with waterproof requirements are 5 years; (III) heating and cooling system is 2 heating and cooling periods; (IV) The warranty period for electrical pipelines, water supply and drainage pipelines, equipment installation and decoration works is 2 years.
“The defect liability period is the period for withholding the project security.
The warranty period for other projects shall be agreed between the employer and the contractor.
If the parties have not agreed or have not agreed on the time of payment, the following time shall be regarded as the time of payment: (1) if the construction project has been actually delivered, it shall be the date of delivery; (2) if the construction project has not been delivered, it shall be the date of submission of the completion settlement documents; (3) If the construction project has not been delivered and the project price has not been settled, it shall be the date on which the parties bring a lawsuit.
The premise is that the project quality is qualified.
If the quantity or quality standard of the construction project changes due to the design change, and the parties cannot reach an agreement on the price of this part of the project, they may refer to the pricing method or method issued by the local construction administrative department at the time of signing the construction contract 2.
If the completion acceptance of the project cannot be carried out within the specified time limit due to the employer’s reason, the defect liability period shall be calculated 90 days after the Contractor submits the completion acceptance report.
The settlement steps for changing the project price are as follows: first, if the parties have an agreement, it shall be handled according to the agreement; Secondly, if there is no agreement, it can be calculated according to the quota.
Disputes often arise in practice on how to understand and apply this kind of agreement.
Paragraph 3 of Article 2 of the measures for the administration of Construction Project Quality Security stipulates: “The defect liability period is generally 1 year, and the longest shall not exceed 2 years, which shall be agreed by the employer and the contractor in the contract.” The starting time point shall be calculated from the date when the project passes the completion acceptance.
On the issue of delayed payment of project interest: Article 26 of the revised judicial interpretation stipulates: “If the parties have agreed on the calculation and payment standard of interest on the unpaid project price, it shall be handled according to the agreement.
