There is only one condition, and the quality of unfinished construction projects must be qualified.
Developers are thundering one after another.
Article 39 If the quality of the uncompleted construction project is qualified, and the contractor requests that the price of the construction project be paid in priority based on the price of the part of the construction project converted or auctioned, the people’s court shall support it.
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Attached are the judicial interpretation provisions: Article 36 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects (I).
The priority is superior to mortgage and other creditor’s rights.
The priority of the contractor to be paid for the construction project price according to Article 807 of the civil code is superior to the mortgage and other creditor’s rights.
In the face of fallen developers, how construction enterprises safeguard their own interests and how to defend the labor fees of migrant workers who have paid hard work have become the most important issues.
Article 38 If the quality of the construction project is qualified, and the contractor requests the price of the construction project to be repaid in priority with the price of the project converted or auctioned, the people’s court shall support it.
A new regulation of the Supreme Court in 2021 points out the direction for construction companies to safeguard their rights.
The scope of priority is to have priority to be compensated for the partial discount or auction price of the project.
The above provisions have greatly protected the interests of construction companies, and we hope that construction companies will play the trump card of priority in litigation.
Construction companies can claim the priority of compensation for the construction project price for uncompleted projects.
