Daqing company paid the project payment of 4237896.05 yuan and the corresponding interest to zhongshengrong company; 2.
However, the failure of the overall completion acceptance filing of the project involved is not due to the reason of the constructor, and if the project within the scope of the constructor has passed the partial acceptance or the project has been delivered for use, the constructor has the right to claim the project settlement”.
Mingyuan company appealed that the subcontract signed between zhongshengrong company and Daqing company was valid and did not apply to the provisions of the actual constructor, and Mingyuan company did not owe Daqing company any project funds.
Daqing company appealed that the settlement conditions of the project involved had not been met, and Daqing company did not owe zhongshengrong company the project funds.
Mingyuan company shall be liable to zhongshengrong company within the scope of the project price owed to Daqing company.
and Daqing Construction and Installation Group Co., Ltd.,” Bulletin of Tianjin Higher People’s Court (2017, Volume 2, general Volume 17), Law Press, 2018 Edition).
After hearing, the court of second instance held that with regard to the payment liability of Mingyuan company, because the subcontracting agreement between Daqing company and zhongshengrong company was a valid contract, zhongshengrong company was not the actual constructor specified in Article 26 of the judicial interpretation of construction projects, and the court of first instance applied this provision to order Mingyuan company to bear the payment liability to zhongshengrong company within the scope of the project payment owed to Daqing company, which was lack of basis.
On June 2, 2017, the Tianjin high court made (2017) Jin min Zhong No.
The court of first instance made a civil judgment (2014) er Zhong min Si Chu Zi No.
As for whether the project involved meets the settlement conditions, the court of second instance held that although the project involved has not been filed for completion acceptance, zhongshengrong company, Daqing company and Mingyuan company have accepted the quality of the project constructed by zhongshengrong company and delivered it for use on November 12, 2013.
Zhongshengrong company filed a lawsuit with Tianjin No.
(for the above cases, please refer to the “dispute case of construction project construction contract between Tianjin Binhai Mingyuan Investment Co., Ltd., zhongshengrong Construction Co., Ltd.
On April 26th, 2012, Daqing company signed a professional subcontracting construction agreement with zhongshengrong company to subcontract the interior and exterior decoration of Building 2 and building 4 of the apartment to zhongshengrong company.
54 on December 5, 2016, ordering: 1.
All parties were dissatisfied with the first instance judgment and appealed to the Tianjin high court.
This case reminds us that “the settlement condition agreed in the subcontract construction contract is that the project is qualified in acceptance.
Main practice area: Construction Engineering Labor Employment corporate governance..
At the same time, both Daqing company and zhongshengrong company have expressed their willingness to settle, so zhongshengrong company has the right to claim the settlement funds of the project involved, and Daqing company claims that the settlement conditions of the project involved are not achieved, which lacks factual and legal basis.
51 civil judgment, holding that the court of first instance had wrongly determined the payment liability of Mingyuan company and the payment conditions of quality assurance deposit, so it ordered: the judgment of first instance was revoked, and Daqing company paid the project payment of 5918759 yuan and interest to zhongshengrong company.
Daqing company to pay 28645183 yuan of project funds and corresponding interest; 2.
2 Intermediate People’s court, requesting: 1.
The court of first instance found that on May 23, 2011, Mingyuan company as the employer and Daqing company as the contractor signed the Tianjin construction project construction contract on the Changyuan (blue collar apartment) project in Binhai tourist area.
Mingyuan company shall be jointly and severally liable for the aforementioned project funds and interests.
As for the payment of settlement funds, the subcontract agreement stipulates that 10% of the contract price will be paid after the completion acceptance is qualified, 25% of the contract price will be paid within three months, and 5% of the quality warranty fund will be paid within two years.
