After that, Mr.
If the quality of the construction project is qualified, it will not harm the life safety of the people and the public interest.
The project cost was calculated according to the quota of Jiangxi Province in 2004.
Article 793 of the civil code of the people’s Republic of China stipulates that “the construction contract of a construction project is invalid, but if the construction project has passed the acceptance, the contractor may be compensated by referring to the agreement on the project price in the contract.” Therefore, when the construction contract is invalid, for the completed and accepted project, the project cost can be calculated according to the contract, and the amount of compensation payable by the employer can be calculated on this basis.
Therefore, the internal construction contract signed by Mr.
If it does not compensate the construction party, it will violate the principle of fairness.
Li signed as the entrusted agent of Hyundai.
After the ceramic company remitted the project funds to the account of Hyundai company, Hyundai company would reserve a management fee of 3% of the received funds and pay it to Li.
The ceramic company argued that Li was not the counterpart of the contract and refused to pay the remaining project funds.
Mr.
Li signed another internal construction contract with Hyundai company, which stipulated that the project of the ceramic company undertaken by Hyundai company would be funded by Li, independently organized construction, independently accounted for and responsible for its own profits and losses.
The ceramic company shall pay 80% of the project cost actually completed by Hyundai every month.
In this case, Li is a natural person without construction qualification.
Hyundai company appointed Mr.
(III) if the construction contract of the construction project is invalid and the construction project passes the acceptance, the discount compensation may be calculated with reference to the contract.
When signing the contract, the ceramic company knew that Li was affiliated with Hyundai company for construction.
Because he had no construction qualification, he was affiliated to Hyundai company for construction through negotiation among the three parties.
Does the individual affiliated with the construction have the right to require the construction party to pay the project funds? Authoritative view: if an unqualified natural person is affiliated with a qualified construction unit to undertake the project, the construction contract signed with the affiliated party and the employer is invalid.
The ceramic company recognized the fact that it knew that Li was affiliated with Hyundai when signing the contract.
Li has the right to directly claim the project payment from the ceramic company.
The employer shall pay the project price after the repair and acceptance of the project.
(II) the actual constructor has the right to claim the project payment from the employer.
Li has the right to request the ceramic company to pay the project price.
Therefore, the amount of compensation outstanding is 18million yuan.
The construction contract of a construction project is invalid, but if the construction project passes the acceptance, the contractor may be compensated by referring to the agreement on the project price in the contract.
Li appealed to the court to order the ceramic company to pay 20million yuan for the project, and said that he was the construction party designated by the ceramic company.
Li and Hyundai company and the construction project construction contract signed by ceramic company and Hyundai company are invalid.
If the contract letting party is at fault for the losses caused by the unqualified construction project, it shall bear corresponding liabilities..
If the construction is affiliated, the construction contract is invalid.
Hyundai company was the nominal constructor and Li was the actual constructor.
However, the repair cost of 2million yuan was paid due to the unqualified project quality, and the repair cost shall be borne by the construction party.
Li organized personnel to enter the site for construction and completed it on schedule.
Li as the project manager of the project to be responsible for construction management.
The construction contract for a construction project is invalid, but if the construction project has passed the acceptance, it may be compensated by referring to the agreed price of the project in the contract.
Therefore, it is necessary to obtain the corresponding construction qualification to engage in the construction of the construction project.
Does the individual affiliated with the construction have the right to require the construction party to pay the project funds? Scenario case ceramic company signed a construction contract with Hyundai company, which agreed that Hyundai company would undertake the civil engineering and water and electricity installation works of 1\2\3\3 buildings in the “tianjianyuan” community developed by ceramic company.
Article of the law is linked to Article 793 of the civil code of the people’s Republic of China.
Judge’s interpretation (I) the construction contract with borrowed qualification is invalid.
Therefore, Mr.
If an unqualified natural person borrows the name of a qualified construction unit for construction, it is commonly known as “affiliated”.
The ceramic company and Hyundai signed the contract, and Mr.
Li was the actual constructor, and Hyundai company was not the real constructor.
And the employer has obtained the value of the project.
Although the construction contract of the construction project is invalid, the actual constructor has invested a lot of manpower and material resources after construction, and the manpower and material resources invested have been transformed into the project.
Li requested the ceramic company to pay the remaining project funds.
In this case, the project cost is 50million yuan, 30million yuan has been paid, and 20million yuan is still owed.
Although the ceramic company signed a construction contract with Hyundai company, the contract was not actually performed, and both parties knew that it was Li who signed the contract in the name of Hyundai company.
If the construction contract of a construction project is invalid and the construction project experience is unqualified, it shall be handled according to the following circumstances: (1) if the repaired construction project passes the acceptance, the employer may request the contractor to bear the repair costs; (II) if the experience of the repaired construction project is unqualified, the Contractor shall not have the right to request for compensation by reference to the agreed discount of the project price in the contract.
Hyundai and Li are affiliated.
The natural person has no construction qualification.
During the construction, the ceramic company has paid 30million yuan for the project, and 2million yuan for the repair of the unqualified power installation project of 1\.
During the trial, it was identified that the total project cost was 50million yuan.
Within 15 days from the date of completion acceptance, the ceramic company must pay 95% of the completed project cost, and the other 5% as the project quality guarantee fund.
Mr.
The quality of the construction project is related to the life safety of the people and the social and public interests.
After that, the project quality has passed the acceptance.
