and Longyuan Construction Group Co., Ltd.
1303 case was that Longyuan company sued Yusheng company for payment of project funds, interest and slowdown losses of the completed quantities.
Based on this, the court of first instance directly determined that the quality of the construction project involved was qualified.
However, before the application of Yusheng company for renewal, the sealing up of the above real estate has been automatically released due to expiration.
Although Yusheng company applied to the court for preservation of other properties of Longyuan company through telephone, it did not put forward a clear subject matter, and the court did not allow it.
The construction project involved in the case involves both residential and commercial use.
After remanding for retrial, if either party still fails to cooperate in ascertaining the facts, the compulsory measures for obstruction of civil proceedings stipulated in the civil procedure law may be applied according to the specific circumstances, or the relevant parties shall be determined to bear the legal consequences of failure to provide evidence according to the provisions of paragraph 2, Article 31 of the provisions of the Supreme People’s Court on evidence in civil proceedings.
In this case, Yusheng company sued Longyuan company for payment of reinforcement and repair costs and compensation for relevant economic losses due to the quality problems of the construction project, (2021) Supreme faminzhong No.
In the process of quality appraisal in the first instance, Yusheng company repeatedly refused the court staff and appraisers to enter the site for investigation.
At the same time, it should also find out whether there are quality problems, quality maintenance costs and other basic facts of the project, and determine the amount of project funds and liability for breach of contract.
According to the second paragraph of Article 14 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract disputes (II), the parties with the burden of proof in the first instance proceedings did not apply for appraisal, although they applied for appraisal but did not pay the appraisal fee or refused to provide relevant materials, and the people’s court considered it necessary to apply for appraisal in the second instance proceedings, It shall be handled in accordance with Item 3, paragraph 1, Article 170 of the civil procedure law.
After return, Yusheng company may apply for preservation to the court of first instance in accordance with relevant laws and regulations.
1303 case.
In addition, during the second instance of the court, Yusheng company submitted the application for continued preservation to the court, requesting the renewal of the real estate and the state-owned land use right under the real estate in (2018) qiongminchu No.
Although it was inappropriate, it was mainly due to the non cooperation of Yusheng company, which made the quality appraisal impossible to continue.
During the trial of the second instance, the court has explained to Yusheng company and Longyuan company that they have the obligation to cooperate with the court in appraisal, and Yusheng company has issued a written commitment letter to the court.
In order to further find out the facts and protect the legitimate rights and interests, according to the above provisions, the case should be sent back to the court of first instance for retrial, engineering quality appraisal and engineering cost appraisal.
Therefore, the quality of the construction project involved in the case is a fact that must be found out in this case.
Paragraph 2 of Article 14 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 that the party with the burden of proof in the proceedings of first instance fails to apply for appraisal, fails to pay the appraisal fee or refuses to provide relevant materials despite applying for appraisal, and the people’s court deems it necessary to apply for appraisal in the proceedings of second instance, It shall be handled in accordance with Item 3, paragraph 1, Article 170 of the Civil Procedure Law (after the amendment of the civil procedure law in 2021, Article 170 of the old law corresponds to Article 177 of the new law).
1302] in the focus of dispute, in the dispute over construction contract of construction project, if no appraisal is applied in the first instance, can it still be applied for appraisal in the second instance? The Supreme Court held that the basic facts of this case are the same as those of (2021) Supreme faminzhong No.
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35 civil ruling.
Case index: dispute over construction contract of construction project between Chengmai Yusheng Real Estate Co., Ltd.
[Supreme Law Minzhong No.
In order to further find out the facts and protect the legitimate rights and interests, according to the above provisions, the case should be sent back to the court of first instance for retrial, engineering quality appraisal and engineering cost appraisal.
The quality and safety of the construction project has a significant impact on the personal and property rights and interests of the buyer, and the premise that the lawsuit request of Yusheng company is supported is that the construction project involved does have quality problems.
At the same time, it should also find out whether there are quality problems, quality maintenance costs and other basic facts of the project, and determine the amount of project funds and liability for breach of contract.
The application of Yusheng company does not comply with the provisions of paragraph 1 of Article 18 of the provisions of the Supreme People’s Court on Several Issues concerning the handling of property preservation cases by the people’s court, and the court will not allow it.
