Address: in the courtyard of the village committee of laoniuwan village, Shahe Town, Changping District, Beijing.
and other construction project construction contract disputes – judicial recognition of affiliated construction and bearing of civil liability in construction project construction contract prepared by: Jiang Hao of Henan Higher People’s court, Directly require the general contractor to pay the project payment# Abstract 01 the judicial recognition standard of affiliation and subcontracting is that the contractor transfers the overview of the rights and obligations of the project to the actual constructor after undertaking the project.
03 the affiliated party does not bear the payment responsibility.
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After Liu Xiaohong withdrew from the partnership, LV Hongmin accepted the rights and obligations of Liu Xiaohong and the project involved, and signed the “letter of responsibility for project management objectives” with Santai company.
The original judgment ruled that Santai company should bear the responsibility of paying the project payment based on the above provisions, and the applicable law is wrong.
Civil judgment of Henan Higher People’s Court (2021) yuminzai No.
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The court formed a collegial panel according to law and heard the case in public on February 2, 2021.
Address: in the hospital of Minglu office, Luyi County, Henan Province.
Santai company is the party with borrowed qualification and does not belong to the subcontractor, illegal subcontractor or employer.
7666 civil ruling and brought the case to trial.
36 retrial applicant (defendant of first instance and appellant of second instance): Luyi Santai Construction Engineering Co., Ltd.
(hereinafter referred to as Beijing huazhan company) The case of construction contract dispute of Beijing huazhan Weiye Real Estate Development Co., Ltd.
Appellant of second instance (defendant of first instance): Luyi branch of Beijing huazhan Weiye Real Estate Development Co., Ltd.
Appellant of second instance (defendant of first instance): Beijing huazhan Weiye Real Estate Development Co., Ltd.
2780 and applied to this court for retrial.
Entrusted agent ad litem: Shang Shouyun, lawyer of Henan Minglu law firm.
Legal representative: LAN Jianping, general manager of the company.
The retrial applicant Luyi Santai Construction Engineering Co., Ltd.
Therefore, the original trial order that Santai company directly bear the payment responsibility to LV Hongmin was improper, which was corrected in the retrial of the court.
Therefore, the relationship between LV Hongmin and Santai company is more in line with the characteristics of borrowing qualification to undertake projects.
The actual constructor in the subcontracting generally does not participate in the conclusion of the general contract, and his willingness to undertake the project is generally after the signing of the general contract.
Luyi Santai Construction Engineering Co., Ltd.
LV Hongmin replaces Liu Xiaohong as the project leader involved in the case, which does not change the legal relationship between Liu Xiaohong and Santai company.
Civil Excellence Award case: Lu Moumou v.
The trial of this case has been concluded..
Third, from the perspective of external relations, LV Hongmin is not an employee of Santai company, but the above “letter of responsibility for project management objectives” shows that LV Hongmin is the person in charge of the project of Santai company, that is, LV Hongmin carries out construction in the name of Santai company.
First, according to the construction contract signed between Beijing huazhan company and Santai company, the construction contract involved in the case was signed between Liu Xiaohong and Beijing huazhan company in the name of the entrusted agent of Santai company, and all parties recognized that Liu Xiaohong and Santai company were in a borrowing qualification relationship, The Institute confirmed the borrowing qualification relationship between Liu Xiaohong and Santai company.
Address: West Section of West Street, Luyi County, Henan Province.
Entrusted agent ad litem: Shang Chengjun, legal adviser of the company.
The 8th article is released today.
The original judgment found that the subcontracting relationship between LV Hongmin and Santai company was improper.
Second, LV Hongmin advocated that he and Liu Xiaohong jointly borrow the qualification of Santai company for construction, and submit the partnership agreement to prove it.
Entrusted agent ad litem: Liu Yulin, lawyer of Henan Xianyuan law firm.
Liu Yulin, the entrusted ad litem agent of the retrial applicant Santai company, LV Hongmin and his entrusted ad litem agents Chu fanjun and Shang Shouyun, Shang Chengjun, the co entrusted ad litem agent of the appellant of second instance Beijing huazhan company and Beijing huazhan Luyi branch, and Wang Yongjie, the person in charge of the appellant of second instance Beijing huazhan Luyi branch, attended the court.
Respondent (plaintiff of first instance and appellee of second instance): LV Hongmin, male, born on August 10, 1963, Han nationality, lives in Luyi County, Henan Province.
The national court’s 2021 excellent case “construction project” 8: judicial recognition and civil liability of affiliated construction in the construction contract of construction project introduction: the Supreme People’s Court issued the award list of 2021 excellent case analysis and selection activities of the national court system on December 28, 2021, There are 11 cases involving [construction project], and the relevant specific judgment excerpts are now published for learning.
The actual constructor in the borrowing qualification relationship has generally participated in the contract signing stage.
Person in charge: Wang Yongjie, deputy manager of the company.
Entrusted agent ad litem: Shang Chengjun, legal adviser of the company.
02 the reason why the retrial of this case was changed from “subcontracting” to “affiliated”.
Borrowing qualification refers to that the contractor lends the qualification to the actual constructor.
On January 6, 2021, the court made (2020) yuminshen No.
Entrusted agent ad litem: Chu fanjun, lawyer of Henan Yangshan law firm.
Legal representative: Sun Peizheng, manager of the company.
Luyi branch (hereinafter referred to as Beijing huazhan Luyi branch) refused to accept the civil judgment of Henan Zhoukou intermediate people’s Court (2020) Yu 16 min Zhong No.
When LV Hongmin, the actual constructor, knew that he borrowed the qualification relationship with Santai company and did not have the issuing and contracting relationship, there was no factual basis for his claim to pay the unpaid project and interest to Santai company.
(hereinafter referred to as Santai company) and the respondent LV Hongmin, the defendant of first instance and the appellant of second instance, Beijing huazhan Weiye Real Estate Development Co., Ltd.
