The land was transferred by Shenhua Ningxia Coal Industry Group Co., Ltd.
to Genyuan Company.
The construction land area of the project involved in the case is 42551.88 square meters (about 63.82 mu).
After that, Genyuan transferred the project involved in the case to Nobon, and Nobon and the Second Construction Company signed a separate construction agreement.
Genyuan signed a construction contract with the Second Construction Company as the employer.
It has no contractual relationship with Genyuan Company and Nobon Company.
Huashengwei Company, as the actual constructor of the project involved in the case, filed a lawsuit in this case.
As of March 28, 2022, the project transfer fee was 70656476 yuan, and the remaining 24359464 yuan was unpaid.
4.
2.
The Ningxia Supreme Court of the Second Instance ruled that Nuoban Company Genyuan Company was responsible for the payment of 41758797.95 yuan to Huashengwei Company within the scope of the project payment owed to the Second Construction Company.
5.
Genyuan Company refused to apply to the Supreme Court for retrial.
On March 16, 2020, the Second Construction Company signed a construction agreement with Nobon.
The focus of the dispute: Is it correct to judge the joint and several liability of Genyuan Company? 3、 Judge summary (I) Huashengwei Company claims whether the project payment is established with Genyuan Company as the contract letting party.
The project involved in the case was developed in the name of Genyuan.
According to the provisions of Article 24 of the Interpretation of the Supreme People’s Court on the Legal Issues Applicable to the Trial of Disputes over Construction Contracts of Construction Projects (II), Huashengwei Company claimed that the Employer should bear the responsibility within the scope of the unpaid construction project price.
.
The contractor’s letter of commitment issued by Huashengwei to the Second Construction Company recorded: “On January 6, 2020, the construction party was changed from Genyuan Company to Norban Company.
The Second Construction Company won the bid for the construction project of Xuefu Central Residential District in November 2018, and signed a project contract with the original employer, Genyuan, with a bid price of 103199987 yuan.
Due to the change of the main body of the construction party, the Second Construction Company signed a new construction contract with Nuoban Company….
First, after the new construction agreement signed between Norbon Company and the Second Construction Company, Genyuan Company is no longer the contract letting party.
On April 20, 2018, Huashengwei signed a contract agreement with the Second Construction Machinery Company in the form of labor and materials, and the Second Construction Machinery Company charged a 1.6% management fee from Huashengwei Company.
Genyuan applied for retrial and said that the Second Construction Company and Huashengwei Company knew and agreed to the transfer of the project, so Genyuan Company should not be jointly and severally liable for the debts of Nubang Company.
There was no objection to the content of the contract, and it firmly expressed its commitment to earnestly perform all the terms of the contract.” Therefore, Huashengwei Company was aware of the change of the main body of the construction contract from Genyuan Company to Norban Company.
The two parties will enter into a fixed total price contract of 127813845 yuan for each individual project within the original bid winning scope.
Due to the change of the main body of the construction party, the Second Construction Company signed a new construction contract with Norban Company….
For this reason, Genyuan Company paid 58234919.63 yuan of land transfer fee to Shenhua Ningxia Coal Industry Group Co., Ltd.
Now, the contract signed by the Second Construction Company and Nobon Company will prevail.
On November 26, 2018, Genyuan Company signed a construction contract with Second Construction Company, agreeing that the Second Construction Company would undertake the construction of the first and second section of the Xuefu Central Residential Community Construction Project contracted by Genyuan Company.
The contractor’s letter of commitment issued by Huashengwei to the Second Construction Company recorded: “On January 6, 2018, the construction party was changed from Genyuan Company to Nuoban Company.
There was no objection to the content of the contract, and it firmly expressed that it would earnestly perform all the terms of the contract.” 6.
Genyuan Company withdrew.
Nobon Company has become the employer of the project involved in the case.
The project transfer agreement signed between Genyuan Company and Nobon Company agreed that the project transfer fee was 95015940 yuan.
[Wen Xingbin, a lawyer from Jinhua Zhejiang, provides you with Jinhua Zhejiang legal advice, Tel: 13566992828] I.
It can be seen from this that after the transfer of the project, as the new subject of the contract, the contract letting party and the second construction company of the contractor signed a new construction agreement on the project involved in the case, and the contract letting party of the construction contract was changed from Genyuan Company to Nobon Company.
The annex of the agreement stated that the contract subject changed, and made it clear that the construction contract signed by the Second Construction Company and Genyuan was only a contract for project filing, which was subject to the construction agreement signed by the Second Construction Company and Nobon.
Secondly, when Huashengwei signed the contract agreement with the Second Construction Machinery Co., Ltd., it was clear that the employer had changed from Genyuan to Norbon.
3.
The highest court in the case index, Ningxia Genyuan Real Estate Development Co., Ltd., Ningxia Second Construction Co., Ltd., and other civil retrial judgments on construction contract disputes, case number, judge Wu Zhaoxiang, Long Fei, Zhang Mei, case release date: March 31, 2002.
Now, this contract is executed.
2、 Brief introduction of the case Employer (predecessor): Genyuan Company Employer (successor): Nobon Company Contractor: Second Construction Company Actual Constructor: Huashengwei Company 1.
Genyuan signed a cooperative development contract with Nobon.
Genyuan Company is no longer the employer, so Genyuan Company will no longer assume the responsibility of the employer.
Since the construction subject of the project was changed to Nobon on January 4, 2020; Due to the change of the main body of the contract, the contract signed by the original Second Construction Company and Genyuan Company through negotiation between the two parties is only used as the project filing contract.
Article 84 of the Contract Law of the People’s Republic of China (repealed) stipulates that “if the debtor transfers all or part of its contractual obligations to a third party, it shall be subject to the consent of the creditor.” In this case, the Second Construction Company and Norbon Company have expressly agreed to change the contract letting party from Genyuan Company to Norbon Company by signing an agreement, The rights and obligations of Genyuan Company in the construction contract have been transferred to Nobon Company due to the signing of the construction agreement.
