The court believes that although the letter of acceptance states that the bid winner of the project involved in the case is Zhongding company, the bid winning project of the company is handed over to its branch Zhongding International Engineering Co., Ltd.
The project involved in the case is an independent bidding project of Yimin company.
The agreement stipulates that both parties give up the project cost and project quality appraisal entrusted by each party in the court, change to only appraise the completed project cost and economic losses of Zhongding company, and determine the amount of project funds owed by Yimin company, loss compensation, compensation, how to pay project funds and liability for breach of contract based on the appraisal opinions.
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01 the gist of the judgment is that the company will hand over the winning project to its branches for construction, which is not prohibited by law.
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The agreement is the true intention of both parties, does not violate the mandatory provisions of laws and regulations, and is legal and effective.
The bidding procedures do not violate the mandatory provisions of the bidding law and are not invalid.
From the purpose and content of the agreement, the agreement is essentially an agreement between both parties on how to settle the project funds.
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The construction contract and supplementary agreement concluded by both parties are valid.
Qinghai engineering construction bidding Management Office issued the letter of acceptance to Zhongding company according to the application of Yimin company and filed it with Qinghai engineering construction bidding management office.
02 judgment results the Supreme People’s court held that the agreement signed by both parties on June 5, 2017 was formed on the basis of equality and voluntariness to solve the project payment arrears of Yimin company.
407 civil judgment.
Qinghai Branch for construction, which is not prohibited by law, and Yimin company has signed a construction contract and supplementary agreement with Qinghai Branch of Zhongding company, It is clearly agreed that Zhongding Company Qinghai Branch will construct and deliver the project funds, and Yimin company has no evidence to prove that Zhongding Company Qinghai Branch is affiliated with the construction by borrowing the qualification, so Yimin company’s defense cannot be established.
Case source: this case comes from China judicial document network, case No.: (2018) supreme law and min Zhong No.
In the second trial, Yimin company also raised the defense that the signing subject of the construction contract was inconsistent with the record in the letter of acceptance, so the contract was invalid.
