Article 5 the people’s court shall not support the labor subcontracting contract signed by a contractor with legal qualification for labor operation and a general contractor or subcontractor if the party concerned requests confirmation that it is invalid.
If the contractor claims the extension of the construction period on this ground, the people’s court shall support it..
If the size of the loss cannot be determined, and one party requests to determine the size of the loss with reference to the quality standard, construction period, project price payment time and other contents agreed in the contract, the people’s court may make a judgment in combination with the degree of fault of both parties, the causal relationship between fault and loss and other factors.
Interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (I) (adopted at the 1825th meeting of the judicial committee of the Supreme People’s Court on December 25, 2020 and implemented as of January 1, 2021) in order to correctly hear disputes over construction contracts of construction projects and protect the legitimate rights and interests of the parties according to law, To maintain the order of the construction market and promote the healthy development of the construction market, this interpretation is formulated in accordance with the civil code of the people’s Republic of China, the construction law of the people’s Republic of China, the bidding law of the people’s Republic of China, the Civil Procedure Law of the people’s Republic of China and other relevant laws and regulations, in combination with the trial practice.
Article 4} if a contractor signs a construction contract for a construction project beyond the business scope permitted by the qualification level and obtains the corresponding qualification level before the completion of the construction project, and the party concerned requests to be dealt with according to the invalid contract, the people’s court will not support it.
Article 6 if a construction contract for a construction project is invalid and one party requests the other party to compensate for the loss, it shall bear the burden of proof on the other party’s fault, the size of the loss and the causal relationship between the fault and the loss.
The construction contract signed by the contractor with others for subcontracting or illegally subcontracting the construction project shall be deemed invalid in accordance with the provisions of paragraph 1 of Article 153 and paragraphs 2 and 3 of article 791 of the civil code.
(III) if the employer or the supervisor fails to issue the commencement notice and there is no relevant evidence to prove the actual commencement date, the commencement date shall be determined by comprehensively considering the time specified in the commencement report, contract, construction permit, completion acceptance report or completion acceptance filing form, and in combination with the fact whether the commencement conditions are met.
Article 2 if the scope of the project, construction period, project quality, project price and other substantive contents agreed in the construction contract of the construction project separately signed by the tenderee and the bid winner are inconsistent with the bid winning contract, and one party requests to determine the rights and obligations in accordance with the bid winning contract, the people’s court shall support it.
(II) if the contractor has actually entered the site for construction with the consent of the employer, the actual entry construction time shall be the commencement date.
Article 8 if the parties have a dispute over the commencement date of the construction project, the people’s court shall determine it according to the following circumstances: (1) the commencement date is the commencement date specified in the commencement notice issued by the employer or supervisor; If the conditions for commencement are not met after the notice for commencement is issued, the time when the conditions for commencement are met shall be the commencement date; If the commencement time is delayed due to the contractor, the time specified in the commencement notice shall be the commencement date.
If the employer is able to go through the examination and approval procedures but fails to do so, and requests to confirm the invalidity of the construction contract of the construction project on the grounds of failing to go through the examination and approval procedures, the people’s court will not support it.
If one party requests confirmation of invalidity on the ground that the contract deviates from the substantive content of the winning contract, the people’s court shall support it.
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Although the contractor has not obtained the confirmation of the extension of the construction period, it can prove that it has applied to the employer or the supervisor for the extension of the construction period within the time limit agreed in the contract, and the reasons for the extension comply with the contract.
Article 9 if the parties have a dispute over the actual completion date of the construction project, the people’s court shall determine it according to the following circumstances: (1) if the construction project passes the completion acceptance, the date of completion acceptance shall be the date of completion; (2) if the contractor has submitted the completion acceptance report and the employer delays the acceptance, the date on which the Contractor submits the acceptance report shall be the completion date; (3) if the employer uses the construction project without the completion acceptance, the date of transfer of possession of the construction project shall be the date of completion.
Article 7 Where a unit or individual lacking qualification signs a construction contract in the name of a qualified construction enterprise, and the employer requests the lender and the borrower to bear joint and several liability for the losses caused by the lending qualification, such as the unqualified quality of the construction project, the people’s court shall support it.
Article 1 a construction contract for a construction project shall be deemed invalid in accordance with the provisions of the first paragraph of Article 153 of the civil code under any of the following circumstances: (1) the contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level; (2) an unqualified actual constructor borrows the name of a qualified construction enterprise; (3) the construction project must be subject to bidding, but the bid is not invited or the bid is invalid.
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In addition to the winning contract, the tenderee and the winning bidder sign a separate contract for the purchase of contracted real estate, free construction of housing supporting facilities, transfer of profits, donation of property to the construction unit, etc., which reduces the project price in a disguised form.
Article 3 if a party requests to confirm the invalidity of the construction contract of the construction project on the ground that the employer has not obtained the planning approval procedures such as the construction project planning license, the people’s court shall support it, except that the employer has obtained the planning approval procedures such as the construction project planning license before filing a lawsuit.
Article 10 {if the parties agree that the extension of the construction period shall be confirmed by the employer or the supervisor in the form of visa.
