Brief introduction: in 2007, a bureau undertook the highway pavement construction project, and company a undertook the subgrade construction project of the same bid section.
Under the background of the anomie of the construction market, the disputes in the field of construction contract of construction projects are becoming more and more complicated, and the trial practice is even more inconsistent.
A bureau has reason to believe that Mr.
In May, 2010, a bureau appealed to the court to require company a to pay the project payment and interest, and the high construction bureau was jointly and severally liable for the third person.
There are flaws in the key evidence in this case.
Case analysis 1.
As a result of the final hearing of this case, company a paid the project funds to a certain Bureau, and the high tech Construction Bureau shall be jointly and severally liable within the scope of the amount owed to company A.
Company A shall bear the legal consequences of Wang’s signature on the bill of quantities, that is, company A shall pay the project payment for the subgrade settlement treatment project.
The construction contract stipulates that this part of the project funds comes from the original project funds of company a, and company a promises that the insufficient part of the project funds will be paid from the quality assurance deposit.
Risk tip no matter whether the construction contract of the construction project signed by the construction party is valid or not, the construction party needs to settle accounts with the employer in time, and keep process documents such as email exchanges, so as to avoid disputes due to project funds..
3.
After the completion of the project, the high construction bureau and company a failed to pay this part of the project payment in time.
Whether the confirmation of the quantities of subgrade settlement in this case is accurate and whether the signature of Wang, the engineer of company a, is valid.
2.
Wang has the agency right to sign the bill of quantities of subgrade settlement treatment project, which constitutes a performance agency.
Legal risks and prevention when changing the contractor in the middle of the project, we should pay attention to: (1) we should straighten out the contract relationship, suggest signing the construction contract directly with the owner, and try to simplify the contract relationship and settlement and payment procedures, so as to avoid delaying the payment of project funds due to the non performance and non cooperation of the third party.
Whether company a should bear this part of the project funds.
The minutes of meeting signed by the three parties indicates that “after a bureau provides the project invoice, the headquarters of the high speed company of the high speed Construction Bureau will directly pay the completed output value to a bureau”.
Wang is an engineer of company a and has signed many documents such as the previous transfer contract, supplementary agreement, meeting minutes and confirmation documents.
During the construction, a Bureau found that the subgrade part in the charge of company a had subsided, so a bureau dealt with it.
In the subgrade settlement treatment construction, there is only a bill of quantities signed by Wang of company a, which causes company a not to recognize the litigation link, and can continue to appeal and protest for this reason later, which will cause losses to the litigation to a certain extent.
Therefore, it can be determined that the high construction bureau has the obligation to pay the project funds within the scope of the project funds and quality assurance deposit of company a, so the high construction bureau shall bear joint and several liability within the scope of the project funds owed by company A.
Try to avoid the situation of signing the contract after construction.
If a construction contract is signed with a third party, it is necessary to clarify the contract measurement, settlement, payment subjects and procedures, agree on the liability for breach of contract for non performance and delay in performance of contract obligations, and strive to require the owner to make a commitment to the breach of contract of the third party to ensure the realization of his rights.
Then, in the case of invalid construction contract of construction project, is the settlement agreement signed by both parties valid? On this issue, the practice in the trial practice is also relatively unified, that is, the invalidity of the construction contract of the construction project does not affect the effectiveness of the settlement agreement.
If the visa is handled by the relevant department in time according to the agreement, and the valid seal is affixed, and the signature is the agent, the valid authorization document is attached to the visa.
2.
Later, due to the slow progress of the project of company a, the construction unit, a provincial high-grade highway construction bureau (hereinafter referred to as the high-grade highway construction bureau), required that the remaining project of company a be cut to a bureau.
In the case, the transfer of the remaining quantities in the construction contract and supplementary agreement signed between company a and a bureau was recognized by the owner’s high construction bureau in the minutes of the meeting.
This case is a dispute over the payment of project funds under the construction contract.
Whether the high-speed construction bureau should bear joint and several liability for payment.
Therefore, the contract between the two parties is valid, and company a should perform the payment obligations stipulated in the contract.
A bureau signed the construction contract and supplementary agreement with company a on the remaining project, and agreed that the cost should be deducted by the high-grade highway construction bureau from the project payment and quality assurance deposit of company A.
The focus of dispute in this case is 1.
Therefore, with regard to project funds, interest and liquidated damages, the subject of responsibility, priority of project funds, limitation of action, construction period, appraisal, project quality and other specific issues, jianxuntong refined judgment opinions and gave risk tips for the reference of construction workers, construction workers and other people from all walks of life.
(2) In the process of changing the contractor, we should pay attention to the collection and management of process data.
Mr.
Under the coordination of the high construction bureau, Wang, the project manager of a bureau and the engineer of company a, confirmed and signed the bill of quantities.
Common dispute focus and judgment rules question 01: how to determine the amount of project funds when the construction contract of a construction project is invalid? The judgment rules on the invalid project payment of the construction contract of construction projects have unified views in the trial practice.
3.
With the rapid economic growth, the construction market around the country has been booming on the one hand, but on the other hand, there is chaos: “black and white contracts” and illegal bidding are common; Affiliation, illegal subcontracting and illegal subcontracting have evolved into “hidden rules of the industry”.
This trial principle not only implements the legislative spirit 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 (hereinafter referred to as the judicial interpretation).
That is, after the construction project passes the completion acceptance, the construction party can request to pay the project price according to the contract.
