The first liquidated damages for overdue payment and the fourth liquidated damages in Liu Yikang’s claim should not be supported.
In this case, the construction contract signed by Liu Yikang and Heyu company is invalid, but the project has passed the completion acceptance.
Case information trial court: Huai’an intermediate people’s court appellant (original defendant): Lianshui Heyu Real Estate Development Co., Ltd.
In August 2017, he was rated as one of the top ten excellent lawyers in Huai’an City.
appellee (original plaintiff): Liu Yikang case No.: (2020) su08 Minzhong No.
On June 6, 2019, Liu Yikang submitted the pile delivery quantity and settlement sheet of the completed pile foundation project to Heyu company for verification.
Heyu company believes that Liu Yikang borrowed the qualification of Mingyuan company to undertake the project, the construction contract and supplementary agreement signed by both parties are invalid, and the relevant provisions on liability for breach of contract are also invalid.
The settlement sheet stated that the total price of the pile foundation project and pile delivery quantity completed by Liu Yikang was 13921052.2 yuan.
The lawyer commented on Article 2 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract disputes (I), which stipulates that the construction contract of the construction project is invalid, but the construction project has passed the completion acceptance, and the Contractor’s request to pay the project price with reference to the contract shall be supported.
Later, because Heyu company failed to handle the construction permit procedures, Liu Yikang was required to stop work.
The personnel of the Engineering Department of Heyu company signed on the pile delivery quantity and settlement sheet on June 25, 2019, indicating that the pile delivery quantity and pile driving quantity are true.
Since Liu Yikang undertook the project in the name of Mingyuan company and Liu Yikang was the actual constructor, Mingyuan company also made it clear that Liu Yikang enjoyed and assumed the rights and obligations on the project, and the project involved in the case passed the acceptance of Heyu company, Liu Yikang has the right to refer to the contract and require Heyu company to pay the project price, but the liability for overdue payment agreed in the contract is invalid.
Specialty: Construction Engineering and real estate, real right and guarantee, company law, civil execution.
He has published more than 40 professional articles.
Later, the two sides signed two supplementary agreements to agree on the increased pile type, price and payment time.
Tel: 15052660044.
440 judges: Jiang Dongxin, Zhang Zhaoyu Zou Yanping judgment date: May 6, 2020 basic case “on September 25, 2017, Heyu company was the employer and Mingyuan company was the contractor.
Due to the dispute between the two parties over payment, Liu Yikang sued and asked Heyu company to pay 13921052.2 yuan for the project and pay liquidated damages for overdue payment.
Liu Yikang has the right to claim the project payment.
Since July 1998, he has successively worked in Huai’an District People’s Court of Huai’an City and Nanjing Gefei law firm, mainly engaged in legal affairs of construction projects.
” The court held that Liu Yikang signed the pile foundation construction contract with Heyu company by borrowing the qualification of Mingyuan company, which violated the mandatory provisions of the law, and the construction contract and supplementary agreement formed by both parties were invalid contracts.
Both parties signed the pile foundation construction contract of construction project It is agreed that Heyu company will contract out the HongRi Huafu pile foundation project to Mingyuan company for construction, and both parties have agreed on the pile model, material unit price and construction cost unit price.
In August 2012, he participated in the establishment of Jiangsu Daowen law firm.
The gist of the judgment is that if the construction contract is invalid, but the project passes the completion acceptance, the actual constructor has the right to claim the project payment.
After the agreement was signed, Liu Yikang organized the construction.
About the author Chen Erhua, a lawyer, graduated from Northwest University of political science and law and Nanjing University successively, obtained Bachelor of law and master of law degrees respectively, a member of the Association for the promotion of democracy, a founding partner of Jiangsu Daowen law firm (now keshman) and a full-time lawyer.
