Therefore, the construction period delay is caused by many factors, such as incomplete construction conditions, government policies, high school entrance examination, high school entrance examination and the increase of engineering quantity.
According to the appraisal opinion, the cost of the undisputed part of the project involved by both parties is 220963379.09 yuan.
The construction period delay is caused by many factors, such as incomplete construction conditions, government policies, high school entrance examination, high school entrance examination and the increase of engineering quantity.
The total contract price agreed in the original contract is 160000000 yuan.
Due to the above-mentioned construction conditions, the company issued the comprehensive construction notice on May, 2012, but the company failed to reply due to the above-mentioned reasons, such as the construction commencement notice issued by Tianyu on May, 2012, even though the company did not give a reply due to the above-mentioned reasons, such as the construction conditions, and the company issued the comprehensive construction notice on May, 2012, Tianyu company is not to blame.
It can be seen that the increase in the quantities is relatively large.
The number of days of construction period delay caused by these factors cannot be calculated, and the conclusion that the contractor delays the construction period cannot be drawn.
In addition, according to the engineering data and appraisal conclusions submitted by both parties in the first and second instance, there was an increase in the quantities during the construction of the project involved in the case.
Case No.: (2020) Shaanxi Minzhong No.
First of all, according to the work contact list sent by Daihua company to Tianyu company and other contractors of the overall project on April 8, 2012, the construction scope of each contractor has not been determined at this time; According to the contact list on June 27, 2012, Zhihua company completed the demolition of high-voltage lines at the construction site in early June 2012.
Therefore, the court of first instance found that Tianyu company did not breach the construction period…
Article 5 of the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (II) stipulates: “if the parties have a dispute over the commencement date of construction projects, 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 the 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.
The number of days of construction period delay caused by these factors cannot be calculated, and the conclusion that Tianyu company delays the construction period cannot be drawn.
Secondly, according to the work contact list issued by Diaohua company on July 18, 2012, the overall plan lags behind for more than 7 months due to government policies, high school entrance examination, high school entrance examination and other reasons.
” According to the provisions of this article, the determination of the commencement date not only needs to be subject to the commencement notice, but also needs Zhihua company to fulfill the necessary assistance obligations, provide sites that meet the normal construction conditions and necessary preparations.
701 (2021) supreme law minshen No.
[judgment] the retrial applicant (the defendant in the first instance, the counterclaim plaintiff and the appellant in the second instance): Shaanxi Zhihua Real Estate Co., Ltd.
(hereinafter referred to as Tianyu company).
The foregoing evidence shows that the project involved in the case did not have complete construction conditions by June 2012.
1645 [gist of the judgment] the determination of the commencement date shall not only be subject to the commencement notice, but also require the employer to perform the necessary assistance obligations, Provide sites that meet normal construction conditions and necessary preparations.
The commencement of the construction period shall be based on the premise that the employer provides a site that meets the normal construction conditions and performs the necessary assistance obligations and preparations.
In this case, the construction period should also be postponed.
After examination, the court believes that the focus of dispute in this case is: I Is there any construction delay in Tianyu company? Whether Tianyu company has the problem of construction delay.
(hereinafter referred to as Zhihua company); the respondent (the plaintiff in the first instance, the counterclaim defendant and the appellant in the second instance): Jiangsu Tianyu construction Group Co., Ltd.
