When the Contractor leaves the site and the settlement agreement is signed, the payment time of the project funds has not been determined or expired, which cannot be used as the starting time of the priority of compensation.
Key words: invalid construction contract of construction project, priority of compensation liability for discount, judgment document of the Supreme People’s Court, China Xinxing Construction and Development Co., Ltd.
556 Civil Judgment], judgment gist, construction contract of construction project is invalid, The Employer shall be responsible for the compensation for the discount, and its calculation basis is still the manpower, materials and management costs paid by the Contractor, which belongs to the protection scope of the priority right of compensation for the price of sub construction projects.
The application of the priority right of compensation shall be subject to the Employer’s failure to pay the price within the time limit.
The settlement agreement signed by the Employer and the Contractor stipulates the payment time of the last phase of the project funds, and the starting time of the priority claim should not be earlier than that date.
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and Marine Carnival (Qingdao) Real Estate Co., Ltd., dispute over construction contract of construction project [Supreme People’s Court (2018) Supreme People’s Court, Supreme People’s Court, Supreme People’s Court, Supreme People’s Court, Supreme People’s Court, Supreme People’s Court, No.
Giving the contractor the priority of compensation for the project price conforms to the legislative purpose specified in Article 807 of the Civil Code (Article 286 of the original Contract Law).
