And the commitment was not actually fulfilled after it was signed.
Eighteen: the parties agree to settle the project price at fixed price, and one party requests the appraisal of the project cost.
It is one of the well-known large law firms inside and outside the province.
Ma clearly disagreed with the audit of the added and changed parts, resulting in the uncertainty of the project payment for the added and changed parts.
(2013) jmyz No.
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Jiangsu Jiangcheng Jiangsu Jiangcheng law firm, established in February 1995, is a large comprehensive and partnership law firm approved by Jiangsu Provincial Department of justice and established in accordance with the lawyer law.
4、 Article 28 in 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 agree to settle the project price at a fixed price, and one party requests to appraise the construction cost, the people’s court will not support it.
In view of Baoyu company’s approval of the increased project cost of 77605.66 yuan, although Ma did not approve it, the court recognized the 77605.66 yuan in order to reduce Ma’s loss in view of the fact that there was an increase in the changed part of the project.
(4) It is considered that although both parties have agreed on fixed price settlement, there are 31 cases identified by the people’s court according to the application of one party.
The above agreement shows that the total project cost of 13048230.66 yuan agreed by both parties is a fixed price.
(2) It is believed that both parties have agreed on fixed price settlement, and the people’s court has identified a total of 6 cases in which both parties apply for appraisal.
It has won the “advanced party organization of Zhenjiang lawyer industry”, “advanced party organization of Jiangsu lawyer industry” “Excellent law firm of Jiangsu Province” and “award for high-quality development of the lawyer industry” of Jiangsu Law Association..
In addition, the letter of commitment was signed under the auspices of the county government and the housing and Urban Rural Development Bureau to solve the problem of Ma’s petition.
Headquartered in Zhenjiang, Jiangsu Province, it has nearly 100 practicing lawyers, and has set up five branches in Tianjin, Nanjing, Jiangyin, Zhenjiang New Area and Zhenjiang Danyang respectively.
1、 Retrieval background and situation analysis through alpha case database retrieval, a total of 110 judgment documents were obtained before March 23, 2019, of which: (1) there were 71 cases in which both parties agreed on fixed price settlement, one party applied for appraisal and the people’s court did not support it.
Over the past 20 years, most of the influential major and important cases in Zhenjiang region have been involved and handled by the lawyers of the Institute.
The budget expenses such as unforeseen expenses, technical measure expenses, water cut-off, power cut, slowdown expenses and winter construction expenses will not be added and adjusted during settlement, and the additional cost of construction in other places will not be taken.
(3) It is believed that although both parties have agreed on fixed price settlement, there are two cases in which the employer has overpaid and the people’s court does not support its claims.
For the increase of project funds caused by design change, the increased part of the change can be audited.
The supplementary contract for construction and installation works signed by both parties clearly stipulates that the total cost of the project is 13048230.66 yuan, which is prepared according to the 03 quota of Hebei Province, and the adjustment of labor cost has been implemented according to the local documents in the same period.
Baoyu company approved that the increased project cost of the change was 77605.66 yuan.
According to Article 22 of the first judicial interpretation of construction project, although Ma applied for appraisal of the project cost, his appraisal application was not supported because the agreed price of the project cost by both parties was fixed.
The original review of the basic case held that the supplementary contract for construction and installation project signed by Ma and Baoyu company was invalid, but the project undertaken by Ma has passed the completion acceptance, and the project price can be paid according to the contract.
Since the agreement in the supplementary contract of construction and installation project is the true expression of the parties’ intention, even if both parties agree to audit the project in the letter of commitment, they cannot deviate from the contract agreement, and the cost audit shall still be carried out on the basis of the contract agreement.
Rule description this judgment rule is to clarify whether the issuer and the contractor can apply for appraisal when they agree on fixed total price settlement.
3、 Reference case 1.
Paragraph 1 of Article 121 of the civil procedure law, a party may apply for appraisal before the expiration of the time limit for adducing evidence.
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The letter of commitment also specifically states that the construction party shall not petition again on this matter under any excuse.
The overall situation is as follows: II.
Only follow the law of three feet and rope people all over the world ProducedbyJiangCheng A temperature official account No.
The letter of commitment signed by Mr.
However, it is not stated whether to audit the whole project cost or the added and changed parts.
If the difference between the actual purchase price of reinforcement and concrete and the provisional budget price exceeds 10%, it can be adjusted.
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If both parties to the dispute in the case reach an agreement on the settlement of the construction project price, whether it can be identified separately.
The Supreme People’s Court issued the guidance on the unified law application and strengthening the retrieval of case files (Trial Implementation), and the importance of the case retrieval was pushed to the legal person again.
Ma and the representatives of Baoyu company on May 9, 2012 stated that the people’s Government of Tang county and the housing and Urban Rural Development Bureau of Tang County audited the Shengtang garden project in the form of lottery in accordance with the principles of fairness and impartiality.
To this end, the real estate, finance, securities and Insurance Business Committee of the Institute of construction industry has launched a special issue of case rules based on alpha platform to share and learn the case rules of the business involved by the Committee.
If one party requests to appraise the construction project, it will not be supported.
The letter of commitment shall not negate the contents of the supplementary contract for construction and installation works signed by both parties through equal consultation, and shall not change the settlement basis of the project price.
The people’s court shall not allow the matter applied for appraisal to be irrelevant to the facts to be proved, or meaningless to prove the facts to be proved.
on the construction contract of construction project of Hebei Higher People’s court, case No.
It also explains the special background of the letter of commitment.
Basic information: the dispute case between Ma Moumou and Hebei Baoyu Real Estate Development Co., Ltd.
Both parties have different understandings.
Both parties have clearly agreed in the construction contract that the project price is a fixed total price.
Although Ma did not approve it, he refused to audit only the increased part of the change, so he recognized the increased project fund of 77605.66 yuan proposed by Baoyu company.
Therefore, Ma’s application for appraisal of all project costs was not supported by the court.
At the same time, it has avoided and recovered major economic losses for many legal customers, and has been highly praised by all sectors of society.
Although the contractor applies for appraisal of the project cost, since the agreed price of the project cost is a fixed price, its appraisal application is not supported.
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Gist of the judgment the agreement on the project price in the supplementary contract for construction and installation signed by both parties is a fixed price.
For the increase of project funds caused by design change, the increased part of the change can be audited.
Jiangsu Jiangcheng law firm has set up six business committees, including criminal, civil, bankruptcy liquidation and company, intellectual property and administrative law arbitration, construction real estate and financial securities insurance, foreign-related and maritime business, which have been focusing on the professional fields of company law and investment M & A, construction real estate, contract law, intellectual property, financial insurance, international trade and so on, It has a number of excellent lawyers with profound theoretical skills and rich practical experience, and has served as perennial legal advisers for more than 300 units such as the government and enterprises.
According to Article 22 of the first judicial interpretation of construction projects: the parties agree to settle the project price at a fixed price.
In addition, the engineering design change can be adjusted.
It will not support the July 31, 2020.
