On the validity of the contract.
At the same time, the project construction contract stipulates that the contractor Haohao company shall subcontract, and the supplementary agreement It is the continuation of the above invalid acts and contracts, and it is also an invalid contract.
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The court of first instance found that the above three contracts were invalid, and the application of law was not improper.
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14).
Case index [civil judgment of second instance on civil disputes over construction contracts of construction projects such as Yancheng Haohao Construction Engineering Co., Ltd.
and Haimen Hualei Water Conservancy Construction Engineering Co., Ltd.] No.: (2021) Supreme FA min Zhong No.
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286 case By: judgment court for disputes over construction contract of construction project: judgment date of the Supreme People’s Court: June 30, 2021 judgment reasons: the second instance of the Supreme Court held that the main issues to be reviewed in this case are: the determination of the effectiveness of the construction contract, the project construction contract and the supplementary agreement.
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The signing subject of the construction contract is the construction headquarters and Haohao company.
The signing time is January 13, 2013.
In this regard, Haohao company and Hualei company know that the above acts violate the mandatory provisions on competitive contracting in Article 3 of the bidding law of the people’s Republic of China and belong to The construction contract and the project construction contract shall be deemed invalid due to the invalidity of the prohibition of subcontracting stipulated in Item 3 of Article 1 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects (fashi [2004] No.
14) “The construction contract is invalid, but the Contractor shall request the reference of the contractor to pay the project price in accordance with the contract, if the construction project is completed and accepted,” the official account of the WeChat public No.
However, if the construction project passes the completion acceptance and the contractor requests to pay the project price with reference to the contract, it shall be supported.
On January 8, 2013, the bid winning end announcement was issued for the project involved in the case, and the bid winning unit was Haohao company; 2.
The core content of the contract is that Panjin branch, as the general contractor of the project, entrusted the project involved to Hualei company for construction; 4.
The core content of the contract is that the project involved in the case is contracted by Haohao company; 3.
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At the same time, the court of first instance made a decision according to Article 2 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 (FSHI [2004] No.
Source: Qingtian online Key words construction contract disputes Unpaid project funds Illegal subcontracting The construction contract of the construction project is invalid If the contractor enters into a subcontract construction contract with others for the implementation of the contracted project in violation of the illegal subcontracting stipulated in the bidding law, the construction contract shall be invalid in accordance with relevant laws and judicial interpretations, and the supplementary agreement signed in accordance with the subcontract construction contract shall be invalid as the continuation of the invalid contract.
According to the facts revealed in the first review and the self admission of all parties, the project involved in the case was subcontracted by Haohao company and Hualei company issued the power of attorney on March 15, 2012, and the construction was organized by Jiang Guorong.
The signing subject of the project construction contract is Hualei company and Panjin branch (the branch of Haohao company at that time), which was signed on March 31, 2012.
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The supplementary agreement was signed by Panjin branch and Hualei company on April 19, 2014.
The bid winning of the project involved in the case and the signing of various important contracts are as follows: 1.
