The court has formed a collegial panel for examination according to law, and the examination has been concluded.
Person in charge: Zhen Peiqing, general manager of the company.
III.
On February 10, 2017, Boai County power supply company (the employer) informed Shuimu Qinghua company (the Contractor) to terminate the construction project construction contract involving bid sections I and III of guangmingyuan community.
The agreement is the result of negotiation between Boai County power supply company (the employer) and Shuimu Qinghua company (the Contractor) under the condition that the construction scope and pricing method are changed with the bidding contract, and is binding on both parties.
6# 7# building construction contract of construction project.
The contractors of the first and third bid sections of guangmingyuan residential community in Boai County, Henan Province are determined through public bidding.
(hereinafter referred to as Shuimu Qinghua company) refused to accept the civil judgment (2020) yuminzhong No.
The case comes from China referee document network.] 1、 Focus prompt 1 For the project subject to public bidding, is the supplementary agreement signed during the construction process effective to transfer the profits from the project price? 2.
Legal representative: Chen Shuli, executive director and general manager of the company.
The judgment of the second instance found that when Boai County power supply company (the employer) informed Shuimu Qinghua company (the Contractor) to terminate the contract, Boai County power supply company (the employer) should settle and pay the project price to Shuimu Qinghua company (the Contractor), and calculate the interest of the project fund from the next day after Boai County power supply company (the employer) terminated the contract, which is not improper.
On October 9, 2013, Boai County power supply company (the employer) and Shuimu Qinghua company (the Contractor) signed the supplementary agreement on the construction contract of construction project.
Click the blue word ， pay attention to whether the supplementary agreement signed during the construction of the project subject to public bidding is effective [according to (2021) supreme law minshen No.
In the supplementary agreement, the project scope and total price of the construction of Shuimu Qinghua company (the Contractor) were increased.
After the employer notifies the contractor to terminate the construction contract, can the date of termination of the contract be taken as the starting point of interest on the project payment? 2、 The Supreme People’s court held that it was wrong to deduct 4870120.48 yuan in the second instance judgment according to the agreement of 6.5% of the interest after the settlement of the project payment in the supplementary agreement on the construction contract of construction project.
Shuimu Qinghua company (the Contractor) undertook the later project of the third bid section involved in the case in accordance with this contract.
1.
398, Zhongshan Road (East Section), Boai County, Henan Province.
In January 2012, Mingyuan company cancelled the construction contract with Boai County power supply company (the employer) after the earthwork excavation of bid section III.
662 of Henan Higher People’s court and applied to this court for retrial due to the dispute over the construction project construction contract with the respondent State Grid Henan Electric Power Company Boai County power supply company (hereinafter referred to as Boai County power supply company).
Due to the power supply company of Boai County, the project cannot be started for four years, the basis of contract signing has changed, and the original project construction contract has been unable to be performed..
Respondent (defendant of first instance, plaintiff of counterclaim and appellant of second instance): Boai County power supply company of State Grid Henan Electric Power Company (formerly State Grid Henan Boai County power supply company and Boai County Power Industry Company), with its domicile at No.
In April 2012, Shuimu Qinghua company (the Contractor) started construction.
Shuimu Qinghua company of the first bid section won the bid, and Jiaozuo Mingyuan Construction Co., Ltd.
4960; retrial applicant (plaintiff of first instance, counterclaim defendant and appellant of second instance): Henan Shuimu Qinghua Construction Engineering Co., Ltd.
judgment document: civil ruling of the Supreme People’s Court of the people’s Republic of China (2021) supreme law and min Shen No.
The works under the contract include the bid section I project won by yuanshuimu Qinghua company (the Contractor) and the post bid section III project won by Yuanmingyuan company.
The retrial reason of Shuimu Qinghua company (Contractor) for the mistake of deducting 4870120.48 yuan in the second instance judgment according to the agreement of 6.5% of the profit after the settlement of the project payment in the supplementary agreement to the construction contract of construction project cannot be established.
Both parties adjusted the settlement method and agreed to transfer 6.5% of the profits on the basis of the total settlement price (the fees and safe and civilized construction fees will not participate in the transfer of profits).
9, Luyuan Road, Huiji District, Zhengzhou City, Henan Province.
On whether the starting time of interest on project funds determined in the judgment of second instance is wrong.
According to the facts that have been found out, Boai County power supply company (the employer) conducted public bidding for the first and third bid sections of guangmingyuan community involved in the case in November 2009, and signed the construction project construction contract for the first bid section, i.e.
(hereinafter referred to as Mingyuan company), the outsider of the third bid section, won the bid, and signed the project construction contract respectively.
4960, Henan Shuimu Qinghua Construction Engineering Co., Ltd., State Grid Henan Electric Power Company Boai County power supply company (formerly State Grid Henan Boai County power supply company) Civil application for retrial and review of disputes over construction contracts of construction projects and sorting of civil rulings.
(formerly Zhengzhou Dongfeng Construction Engineering Co., Ltd.), with its domicile at No.
The retrial reason of Shuimu Qinghua company (the Contractor) for calculating the project fund interest from the breach of contract of Boai County power supply company is lack of basis and cannot be established.
The retrial applicant Henan Shuimu Qinghua Construction Engineering Co., Ltd.
In April 2012, the construction of bid section I and bid section III was started by Shuimu Qinghua company (Contractor).
Shuimu Qinghua company applied for retrial and said that the judgment of the first and second instance found that 6.5% of the project funds were transferred after settlement according to the supplementary agreement to the construction contract of construction project, which had no factual and legal basis.
1#, 2#, 3# buildings, with Shuimu Qinghua company (the Contractor), and signed the third bid section, i.e.
