If a farmer builds a residence of more than three storeys (including three storeys) or a non residential building by himself, the contractor shall have the corresponding construction qualification, and the construction contract signed without the corresponding construction qualification or beyond the qualification level shall be deemed invalid.
5、 How to deal with the party’s request to take the audit opinion of the audit unit as the basis for determining the project cost? Answer: The construction contract of the construction project does not stipulate that the project cost shall be subject to the audit opinion of the audit unit or the review conclusion made by the financial review institution.
A construction project that must be tendered at the time of conclusion of the contract, but is not necessarily tendered before prosecution, may be deemed as a construction project that must not be tendered.
The contractor of industrial decoration project shall have corresponding construction qualification, and the decoration contract signed without corresponding construction qualification or beyond the qualification level shall be deemed invalid.
If the Employer refuses to pay the project price or claims liability for quality defects on the ground that the quality of the construction project does not conform to the contract or the legal provisions after the construction project is used without authorization, the people’s court will not support it, except that the Employer has evidence to prove that there are major quality problems in the foundation project and the main structure project.
843) and other relevant provisions.
If the construction project has not been subject to completion acceptance after completion and the Employer has not used it without authorization, the Contractor shall request the Employer to pay the project price according to the specific contents of the Employer’s defense: (1) refuse to pay the project price on the ground that the quality of the construction project does not conform to the contract or legal provisions, If the Employer provides evidence to prove that the project has not yet undergone completion acceptance or applied for judicial authentication to confirm that the construction project quality is unqualified due to the Contractor’s reasons, the people’s court shall support it; （2） If the Employer claims to reduce the project price according to the provisions of Article 12 of the Interpretation of the Supreme People’s Court on the Application of Law in the Trial of Disputes over Construction Contracts for Construction Projects (I), the People’s Court may deduct it from the project price if the Employer can prove the amount of project price that should be reduced or reasonable repair costs; （3） If the Employer claims that the Contractor should bear the liquidated damages or compensate for the reasonable costs of repair, rework, reconstruction and other losses according to the provisions of Article 16 of the Interpretation of the Supreme People’s Court on the Application of Law in the Trial of Disputes over Construction Contracts (I), the People’s Court may notify the Employer to file a counterclaim.
2、 Does the contractor of the decoration contract not have the corresponding construction qualification affect the validity of the contract? Answer: The decoration project can be divided into industrial decoration project and household decoration project.
The construction unit’s batch residential decoration for the sale of finished houses generally does not belong to the family room decoration project.
If the contractor of the family room decoration project does not have the corresponding construction qualification, the validity of the decoration contract will not be affected, except that the decoration activities involve the change of the building main body and load-bearing structure, or the contractor is required by laws and regulations to have the corresponding construction qualification.
1、 How to determine whether it is a project subject to bidding? A: To examine whether a construction project falls within the scope of a project subject to bidding, we should, in accordance with the Bidding Law of the People’s Republic of China, the Regulations for the Implementation of the Bidding Law of the People’s Republic of China, the Provisions on Projects Subject to Bidding issued by the National Development and Reform Commission (Order No.
If the Employer claims rights on the ground that the quality of the construction project does not conform to the contract or the legal provisions, it shall deal with them according to different situations.
The main body of the family room decoration project shall be the owner or the residential user.
Under normal circumstances, the decoration object of the family room decoration project should be residential housing, while the decoration of non residential housing such as commercial and office housing does not belong to the family room decoration project.
The people’s court will not support the party’s request to take the audit opinion made by the audit unit or the review conclusion made by the financial review institution as the basis for determining the project cost..
3、 Does the contractor of the construction contract for farmers’ self built buildings not have the corresponding construction qualification affect the validity of the contract? Answer: The farmers’ self built houses below two floors (including two floors) belong to the “farmers’ self built low rise houses” stipulated in Article 83 of the Construction Law of the People’s Republic of China.
Special declaration: the information in this article comes from the “Sichuan High Court” WeChat official account Chongqing High People’s Court’s answers to some questions about the trial of construction contract disputes cases of construction projects, which is a unified judgment scale to guide the Sichuan Chongqing region to correctly hear construction contract disputes cases of construction projects, according to the Civil Code of the People’s Republic of China The Interpretation of the Supreme People’s Court on the Application of Laws to the Trial of Construction Contract Disputes (I) and other laws, administrative regulations and judicial interpretations are formulated in combination with the trial practice in Sichuan and Chongqing.
If the contractor does not have the corresponding construction qualification, the validity of the construction contract will not be affected.
4、 If the Contractor requests the Employer to pay the project price, and the Employer claims that the quality of the construction project does not conform to the contract or legal provisions, how to deal with it? Answer: The Contractor requests the Employer to pay the project price.
16 of 2018) Provisions on the Scope of Infrastructure and Public Utilities Projects Subject to Bidding (FGZG [2018] No.
After the completion acceptance of the construction project, if the Employer claims rights on the ground that the quality of the construction project does not conform to the contract or the legal provisions, the people’s court shall inform the Employer to take responsibility for quality defects of the construction project into account The provisions on warranty liability shall be handled.
