and Zhu Tianjun Construction Engineering Construction Contract Dispute Retrial Civil Judgment ((2019) No.
93 case, The expenses borne by Xinpengdu Company include the overpayment of 7129057.31 yuan by Zhongmin Company and the interest calculated from October 21, 2013 to the date of repayment according to the interest rate standard of working capital loans of similar banks in the same period, the liquidated damages for delayed completion of 935000 yuan, the advance payment of 909800 yuan to Jianheng Company for evaluation and appraisal, and the acceptance fee for counterclaim cases of 40000 yuan and appraisal fee of 150000 yuan.
1909676.3 yuan, at their discretion.
⊙ Source | It is quite common for HOBO YAWANG lawyer to be affiliated in the current construction market.
As for the interest of 10948409900 yuan claimed by Xinpengdu Company, because the contract was invalid and Xinpengdu Company knew that George did not have the construction qualification, but still lent the qualification to George to undertake the project, its own fault was obvious, and the court did not support the cost.
357 Supreme People’s Court), The second paragraph of Article 26 of the Construction Law of the People’s Republic of China stipulates that “construction enterprises are prohibited from exceeding the business scope permitted by their qualification grade or from contracting projects in the name of other construction enterprises in any form.
2.
4.
Although the affiliated violates the provisions of the Construction Law and other laws and regulations, the affiliated still involves the related creditor’s rights and debts of the affiliated person, the affiliated person, the employer, the subcontractor, the material supplier, the construction equipment supplier, the lender and other third parties, so it is still necessary for the relevant subjects to understand the related issues involved in the affiliated.
Question: Can the affiliated person claim the management fee from the affiliated person? A: There are three main points of view.
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Question: In case of a dispute between the affiliated person and an outsider, can the affiliated person bear the attorney’s agency fees and travel expenses incurred by the affiliated person in handling the dispute? A: The court may decide to be borne by the affiliated person.
3.
Among the above expenses, the overpayment of 7129057.31 yuan was actually collected by George, so the overpayment should be borne by George.
For example, Sichuan Zhongding Construction Engineering Co., Ltd.
Question: Can the affiliated party require the affiliated party to bear the above expenses after bearing the losses of construction delay, appraisal costs and litigation costs to the contract letting party? A: The court may decide to be borne by the affiliated person.
Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.” Article 1 of the Interpretation of the Supreme People’s Court on the Legal Issues Applicable to the Trial of Disputes over Construction Contracts for Construction Projects stipulates that: “A construction contract for construction projects shall be deemed invalid in accordance with the provisions of Article 52 (5) of the Contract Law if it has one of the following circumstances:……
(2) The unqualified actual constructor borrows the name of a qualified construction enterprise;……” Three copies signed by George and Xinpengdu Company The Internal Single Project Contract shall be deemed invalid because it violates the provisions of the above laws and judicial interpretations.
The original judgment based on the above provisions judged that Zhongding Company was responsible for the payment of the project funds.
Question: Can the affiliated person claim the project price from the affiliated person in accordance with Article 43 of the Supreme People’s Court’s Interpretation on the Applicable Legal Issues in the Trial of Construction Contract Disputes (I) (hereinafter referred to as the Judicial Interpretation of Construction Engineering (I))? A: No.
If the actual constructor claims rights with the employer as the defendant, the people’s court may add the subcontractor or illegal subcontractor as the party to the case.
Therefore, both parties should bear 50% of the loss, i.e.
Xinpengdu Company was finally transferred 10948409900 yuan.
The applicable legal error was corrected by the court.
The remaining expenses of 3819352.6 yuan (10948409.9-7129057.31) were caused by the illegal lending of qualification by Xinpengdu Company.
For example, the Supreme People’s Court held that in the Civil Judgment on the Retrial of the Dispute over the Decoration Contract between Shenzhen Xinpengdu Decoration Engineering Co., Ltd.
Xinpengdu Company and George knew that George as an individual did not have the construction qualification, and both parties were at fault for the invalidity of the contract.
For example, the Supreme People’s Court held that Ji Zhonghong and Anhui Fuyang Construction Engineering Group Co., Ltd.
had disputes with outsiders during the construction contract dispute retrial review and trial supervision civil ruling (((2019) Supreme Court Minshen No.
6891).
If both parties are at fault, they shall bear corresponding responsibilities respectively.” After investigation, in the (2013) DZMC No.
However, Zhongding Company is the affiliated party, not the subcontractor, illegal subcontractor or the employer.
The court of second instance decided that Ji Zhonghong should bear 70% of the lawyer’s travel expenses and agency fees of 306312 yuan incurred by Fuyang Construction Engineering in participating in the litigation, which is consistent with the actual situation of the case, not beyond the reasonable range, and not improper.
and George (2020) No.
329 Supreme People’s Court) held that, According to Article 26 of the Interpretation of the Supreme People’s Court on the Applicable Law in the Trial of Disputes over Construction Contracts The people’s court shall accept the lawsuit brought by the actual constructor with the subcontractor or illegal subcontractor as the defendant according to law.
1、 Question between the affiliated person and the affiliated person 1.
The employer shall only be responsible for the actual constructor within the scope of the project price owed “, and the actual constructor may claim rights from the employer, subcontractor or illegal subcontractor.
After the second instance, it was found that Ji Zhonghong had a dispute with outsiders during the construction of Fuyang Construction Engineering Group Co., Ltd., and Fuyang Construction Engineering Group participated in the litigation to resolve the conflict between Ji Zhonghong and outsiders.
Article 58 of the Contract Law of the People’s Republic of China stipulates: “After the contract is invalid or cancelled, the property acquired due to the contract shall be returned; if it cannot be returned or is not necessary to return, it shall be compensated at a discount.
The party at fault shall compensate the other party for the losses incurred.
