According to relevant laws and regulations, 1533 judgment documents of construction contract dispute cases tried by the Supreme People’s court and the guiding judicial documents of some local courts, this Law combs 15 # issues related to construction period as follows.
Although Dayuan company submitted the house purchase contract, supplementary agreement for payment of liquidated damages, receipt and other evidence to prove the claim of 2371715 yuan overdue delivery loss, it did not provide evidence to prove that the liquidated damages had been actually paid.
As stipulated in Article 9 (5) of the guidelines for entrusted appraisal of construction contract dispute cases of Jiangsu Higher People’s Court (minutes of the judicial committee of Jiangsu Higher People’s Court [2019] No.
When it comes to the cost of construction delay, this paper discusses the construction delay caused by the contractor.
Therefore, the Contractor shall complete the project construction according to the construction period agreed by both parties, otherwise the expenses caused by the construction period delay caused by the contractor, including liquidated damages and construction period delay losses, shall be borne by the contractor.
and Wanli Construction Co., Ltd.
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973), the Supreme People’s court held that the final delivery time of the project involved in the case was September 28, 2011, nearly four months later than the completion time promised in the letter of commitment, Wanli company shall be liable for breach of contract for delay in handover.
Q: if the evidence submitted by the employer is insufficient to prove the loss of construction delay, can the court determine the loss of construction delay with reference to the liquidated damages for construction delay? A: Yes.
Q: is the responsibility for construction delay determined by the appraiser? A: No, according to article 5.7.6 of the code for appraisal of construction project cost (GB / t51262-2017), how the construction period delay belongs shall be determined by the court or arbitration institution according to law.
If the parties require adjustment in accordance with Article 114 of the contract law of the people’s Republic of China, the people’s court shall support it.
Q: can the loss of construction delay and liquidated damages for construction delay be claimed at the same time? A: No..
For example, Article 47 of the operating procedures for judicial appraisal of construction contract disputes in the first civil division of Jiangsu Higher People’s Court (December 21, 2015) stipulates that the employer claims the liability for breach of contract for delayed completion to the contractor, and the contractor defends the extension of construction period due to the increase of contract work content, but the evidence submitted is insufficient to prove it, The Contractor shall apply for appraisal of the construction period.
For example, Article 27 of the opinions of the higher people’s Court of Jiangsu Province on Several Issues concerning the trial of construction contract dispute cases (discussed and adopted at the 44th meeting of the Judicial Committee on December 17, 2008) stipulates that the employer may impose a fine on the contractor due to the construction period and other circumstances as stipulated in the construction contract, This Agreement shall be regarded as the liquidated damages clause agreed by the parties in the contract.
5) discussed and adopted at the 35th plenary meeting of the judicial committee of Jiangsu Higher People’s Court on December 27, 2019), the following matters:, The appraisal institution may request the entrusted court to clarify: (5) the basis for determining the agreed construction period and the actual construction period.
Q: what are the main contents of construction period appraisal? Answer: according to article 5.7.6 of the code for appraisal of construction project cost (GB / t51262-2017), the appraiser shall determine whether the construction period is delayed and the specific time of delay; The appraiser can put forward suggestions on the attribution of responsibility for construction delay from a professional perspective.
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Secondly, the identification of the loss of delayed delivery.
The court of first instance did not determine the claim of overdue delivery loss on the ground that the evidence submitted by Dayuan company could not prove that the claim of loss had actually occurred, According to the agreement of both parties on paying liquidated damages of 10000 yuan per day for overdue delivery, it is not inappropriate to determine that the loss of overdue delivery is 1.19 million yuan.
Of course, theorists believe that supervision institutions can also do construction period appraisal.
For example, in the second instance civil judgment on the construction contract dispute between Ordos Dayuan Real Estate Development Co., Ltd.
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1、 Construction period appraisal problem 1 Q: is the basis for determining the construction period determined by the appraiser? A: the basis for determining the construction period belongs to the scope of the judicial power exercised by the people’s court and cannot be determined by the appraiser.
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2、 Construction delay loss and liquidated damages for construction delay 6 Q: if the contractor violates the construction period agreement, can the employer impose a fine on the contractor? A: Yes, the legal nature of the fine belongs to liquidated damages.
The reasons for the delay of construction period include the Contractor’s reasons and non contractor’s reasons.
If the contractor claims that the liquidated damages are too high, the court can adjust it according to law.
Q: if the employer claims that the Contractor’s labor period is delayed, and the contractor believes that the addition of construction content leads to the extension of construction period, but the evidence submitted by the contractor is not enough to prove his claim, should the contractor apply for construction period appraisal? A: Yes.
The non contractor’s reasons include the employer’s reasons, force majeure, adverse material conditions, unusually bad weather conditions, etc.
((2019) supreme law Minzhong No.
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Q: which units can do duration appraisal? A: at present, there are no regulations on the qualification management of construction period appraisal; The mainstream practice of judicial practice is to entrust cost consulting enterprises to carry out construction period appraisal.
The first paragraph of article 788 of the Civil Code stipulates that a construction project contract is a contract in which the contractor carries out the project construction and the employer pays the price.
