Therefore, company B claimed that the quantities completed by company B should be the sum of the quantities recorded in the two bills of quantities, and the request was established.
today we will discuss how to How to deal with disputes over the actual construction quantities of the project? How will the court decide? Let’s first look at a classic case tried by the court in this regard.
The quantities completed by company B shall be the sum of the quantities recorded in the two bills of quantities.
In the first instance, company a claimed that on July 22, 2014, the construction unit, supervision unit Completed bill of quantities of XX project (hereinafter referred to as “bill of quantities on July 22”) signed and sealed by the owner According to the records in the, the quantity of prestressed anchor cable is 10150m, so the quantity of prestressed anchor cable completed by company B shall prevail.
The quantities involved in the case were the sum of the two bills of quantities, with a total amount of more than 3 million yuan.
In the second instance, the judge asked company a to confirm in court which parts recorded in the two bills of quantities overlap? Company a was unable to confirm.
In this case, the quantities in the previous bill of quantities are more than 4000 meters, while the quantities in the later bill of quantities are more than 10000 meters, which provides a certain credibility for company a to claim that the latter and the former are the total score relationship.
[classic case] company a (the employer) and company B (the Contractor) signed a construction project construction contract, which agreed that company a would contract out the foundation pit support project of a project to company B for construction.
Company B recognized the authenticity of the completed bill of quantities, but submitted another copy on July 15, 2014 The completed bill of quantities of XX project (hereinafter referred to as “bill of quantities on July 15”) signed and sealed by the owner also records some quantities.
Finally, summary: remind the majority of construction units that in the process of performing their own construction contract, they must keep the evidence about their actual construction quantities.
In practice, according to the engineering practice, in addition to the project visa, the “other evidence” generally includes: correspondence between both parties, meeting minutes, change notice, design change drawings, construction log, construction cost quota, etc.
If the contractor can prove that the employer agrees to its construction, but fails to provide visa documents to prove that the quantities occur, the actual quantities can be confirmed according to other evidence provided by the parties.
First, they should keep the original, and second, the original should be complete and clear, so as to avoid that the evidence cannot be provided in litigation or misread as in this case..
Company B appealed against it.
Case analysis: according to Article 19 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 parties have a dispute over the quantities of works, it shall be confirmed in accordance with the visa and other written documents formed during the construction process.
Company a argues that it recognizes the authenticity of the bill of quantities on July 15, but this table is a sub table, The bill of quantities on July 22 is the general table, which is the confirmation of the final quantities by the three parties.
In the second instance, the difference in the description of the main parts of the prestressed anchor cable in the two bill of quantities was carefully reviewed, and it was determined that the two are not the total score relationship, Accordingly, the claim of company B is supported.
[excerpt from the Internet, if there is any infringement, please contact to delete] with the acceleration of urbanization, construction projects are becoming more and more common in daily life, resulting in more and more construction disputes, such as arrears of project funds, assistance in handling real estate certificates, disputes over the provision of construction materials, disputes over the actual construction quantities, etc.
Therefore, company a was ordered to pay more than 2 million yuan to company B for this part of the project.
When the project is completed and settled, both parties will pay attention to part of the project – “prestressed anchor cable” In case of any dispute over the quantities, company B shall bring a lawsuit to the court.
In the second instance, it was found that the record of “prestressed anchor cable” in the bill of quantities on July 15 was “1”, and the quantities completed on the south side were 2016m, 280m on the west side and 2016m on the east side.
The original reviewer accepted the excuse of company a and finally confirmed that the quantity of work completed by company B was 10150m on the grounds that the completion time of the bill of quantities on July 22 was later and it was the general table.
Therefore, the judge of second instance determined that the quantities in the two bills of quantities did not coincide.
In the bill of quantities on July 22, the total quantities of West, north, South, East 1st Road and East 2nd road are 10150m, and the project names recorded in the two do not coincide.
