The total project cost including tax shall be verified according to the quantities of completed projects at the end of 2012: two hundred and six million yuan (206 million yuan).
According to Article 1 and Article 2 of the Mediation Agreement, RMB 206 million was verified based on the quantities of completed projects at the end of 2012, and both parties agreed that “all the projects completed by Hao * gang have been included in the total project payment of RMB 206 million”.
Even if there are quality problems such as cracks, Hao * gang still needs to undertake warranty responsibility for the construction part within the warranty period after Riyuezuan Real Estate Co., Ltd.
Chief Judge Wan Ting, Judge Pan Jie, Judge Yu Meng, Assistant Judge Gao Ze, Clerk Zhao Yali, June 30, 2020..
Although the project has not been completely completed, Hao * gang has the right to claim the project payment from Riyueyuan Real Estate Co., Ltd.
believes that the project cost should be verified to be 18226225.9 million yuan according to the Engineering Estimate (Budget) Statement issued by the cost organization in May 2015.
In accordance with the provisions of Paragraph 1 of Article 204 of the Civil Procedure Law of the People’s Republic of China and Paragraph 2 of Article 395 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China, The ruling is as follows: the retrial application of Erdos Riyueyuan Real Estate Development Group Co., Ltd.
Riyueyuan Real Estate Company claims that the project funds should not include the profit part, and its claim has no legal basis, so its reason for applying for retrial on this point cannot be established.
All projects completed by Hao * have been fully included in the total project cost of two hundred and six million yuan (206 million yuan).
is rejected.
Although the project has not been completely completed, it has the right to claim the project payment from the construction unit for the part that has been constructed.
After the Employer pays the project fund, the construction party still needs to undertake the warranty responsibility for its construction part within the warranty period, so it cannot defend against not paying the project fund.
However, before the signing of the Mediation Agreement, if the true intention of both parties is to identify the project cost based on the Engineering Estimate (Budget) Statement, they should make a declaration of intention in the Mediation Agreement, However, according to the provisions of the Mediation Agreement, there is no such expression of intention, so it is not improper to determine the true intention of both parties in the later Mediation Agreement in the second instance judgment.
Text [Judgment gist] The focus of the dispute in this case is: Does the demobilized construction party need to claim the project payment for the part already constructed after the completion acceptance of the overall project? 1.
Riyueyuan Real Estate Company claimed that there were quality problems affecting the completion acceptance of the project, but it did not submit the quality appraisal report and other evidence.
The construction party has completed part of the project involved in the case.
To sum up, the retrial application of Riyueyuan Real Estate Company does not comply with the provisions of Article 200 of the Civil Procedure Law of the People’s Republic of China.
When the Mediation Agreement was signed, Hao * gang had left the site, but both parties did not mention the quality problems in the agreement.
claimed that the project should not be paid for the project on the ground that the project involved has not been completed and accepted cannot be established.
Second, according to the facts that have been found out, Hao * gang has already constructed the project involved in the case.
First, on August 8, 2015, Riyueyuan Real Estate Company and Hao * gang reached a Mediation Agreement, It is agreed that “I.
2100….
Therefore, the reason why Riyueyuan Real Estate Co., Ltd.
2.
paid the project funds, so he can’t defend against not paying the project funds.
Civil Ruling (2020) SFMS No.
After examination, our court believes that the focus of the dispute in this case is how to determine the amount of project funds that Riyueyuan Real Estate Company should pay to Hao * gang.
II.
The reason that the construction unit claims that the project should not be paid for the project on the ground that the project involved in the case has not been completed and accepted cannot be established.
for the part that has been constructed.
Therefore, the second trial judgment concluded that RMB 206 million is the cost of the completed projects of Hao * gang, which is in line with the provisions of the Mediation Agreement and is not improper.
Riyueyuan Real Estate Co., Ltd.
The subsequent warranty and maintenance contents within the scope of the completed projects shall be implemented according to the years specified by laws and regulations.”.
The Supreme People’s Court of the People’s Republic of China.
