Cangshan Jian’an company shall pay RMB 500000 as liquidated damages; 4.
Request: 1 Cangshan Jian’an company returned the overpaid project payment of 901408.16 yuan; 2.
Entrusted agent ad litem: an XX, lawyer of Xinjiang XX law firm.
Jiarui real estate company has the right to deduct 3% of the project payment from the warranty cost to pay the maintenance cost that Lanling construction and installation company should pay.
In conclusion, it is requested to reject the retrial application of Lanling Jian’an company.
248 retrial applicant (defendant of first instance, counterclaim plaintiff, appellant of second instance): Lanling County construction and Installation Engineering Corporation.
The second instance judgment was based on the fact that the material letter was a change to the substantive content of the contract, Deny the material letter, identify the facts and apply the law wrongly.
as of march30,2017, the 14 \.
Legal representative: Cao XX, general manager of the company.
Entrusted agent ad litem: Ma XX, lawyer of Xinjiang XX law firm.
4.
Lanling Jian’an company applied for retrial, saying that both parties had confirmed the material price difference in the form of correspondence and should be included in the total project payment at the time of settlement.
Completion materials submitted by Cangshan construction and installation company; 3.
445 of the higher people’s Court of Xinjiang Uygur Autonomous Region due to the case of construction contract dispute with the respondent Altay Jiarui Real Estate Development Co., Ltd.
Lanling construction and installation company applied for retrial in accordance with the provisions of item 2, item 6 and item 11 of article 200 of the Civil Procedure Law of the people’s Republic of China, and requested the second instance to change the judgment.
1833 civil ruling and brought the case to trial.
In Item 2, it was sentenced to 494785.38 yuan less; The legal costs of this case shall be borne by Jiarui real estate company.
248] judgment document civil judgment of the Supreme People’s Court of the people’s Republic of China (2017) Supreme People’s court No.
1.
If the construction contract of the construction project separately signed by the parties on the same construction project is inconsistent with the substantive content of the bid winning contract that has been filed, the filed bid winning contract shall be used as the basis for the settlement of the project price.
(hereinafter referred to as Jiarui Real Estate Corporation), Apply to the court for retrial.
Jiarui real estate company filed a lawsuit with the intermediate people’s Court of Changji Hui Autonomous Prefecture, Xinjiang Uygur Autonomous Region.
1、 The judgment of the second instance determined that the material changes made by both parties in the form of correspondence during the performance of the contract were changes to the substantive content of the contract, and the bid winning record contract should still be used as the basis for settlement, which should be handled correctly.
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It was also stipulated in paragraphs 2 and 3 of Article 1 of the notice on publishing the price information of construction and installation projects (Municipal, house repair and garden projects) in Changji area in the second half of 2011 issued by the Ministry of construction.
Jiarui real estate company has been maintaining the roof waterproofing, and has paid a large amount of materials and labor costs.
The trial of this case has been concluded.
Cangshan Jian’an company shall bear the litigation costs..
Jiarui real estate company paid 500000 yuan for the project with one vehicle, and the vehicle has been delivered, which shall be included in the paid project payment.
1.
Legal representative: Wang XX, general manager of the company.
Respondent (plaintiff of first instance, defendant of counterclaim, appellant of second instance): Altay Jiarui Real Estate Development Co., Ltd.
The material price confirmation letter jointly confirmed by Lanling Jian’an company and Jiarui real estate company is the correspondence between both parties to adjust the price in the performance of the contract.
In the second item, 714785.38 yuan was fined less; The legal costs of this case shall be borne by Jiarui real estate company.
2.
After the parties signed the construction contract of construction project and filed the contract, they did not sign another contract in the actual performance of the contract; Although both parties have formed a material price confirmation letter on the material adjustment, the content of the letter complies with the provisions of the filing contract, has the same legal effect as the filing contract, is a part of the contract, and does not constitute a substantive change to the filing contract.
The content is in line with the above contract.
If the construction contract of the construction project separately signed by the parties on the same construction project is inconsistent with the substantive content of the filed bid winning contract, The bid winning contract filed shall be used as the basis for settlement of project price.
The confirmation letter shall have the same legal effect as the contract, is a part of the contract and does not constitute a substantive change to the content of the contract.
Both parties have agreed on the adjustment method of material price and the settlement of project price in the filed contract, and both parties shall strictly perform the contract.
Address: Jianshe Road, Beitun City, Xinjiang Uygur Autonomous Region.
2.
Address: West Section of Chengnan Ring Road, Lanling County, Xinjiang Uygur Autonomous Region.
The applicant Lanling County construction and Installation Engineering Corporation (hereinafter referred to as Lanling construction and installation Corporation; the former Cangshan County construction and Installation Engineering Corporation, hereinafter referred to as Cangshan construction and installation Corporation) refused to accept the civil judgment (2016) xinminzhong No.
The court formed a collegial panel according to law and heard the case.
3.
Jiarui real estate company argued that 1 The price difference of materials involved in the case is 494785.38 yuan, which has been included in the total project cost.
On June 26, 2017, the court made (2017) supreme law min Shen No.
Entrusted agent ad litem: Yang XX, female, staff member of the company.
2.
Later, Lanling Jian’an company changed its request for retrial as follows: Lanling Jian’an company applied for retrial in accordance with the provisions of items 2 and 6 of article 200 of the Civil Procedure Law of the people’s Republic of China, and requested to change the judgment of the second instance.
Source of the case: civil judgment on Retrial of construction contract disputes of Lanling County construction and Installation Engineering Corporation [Supreme People’s Court (2017) Supreme People’s court No.
Yang XX, the entrusted agent ad litem of the retrial applicant Lanling Jian’an company, Cao XX, the legal representative of the respondent Jiarui real estate company, and an XX, the entrusted agent ad litem, attended the court.
