Therefore, the prerequisite for Lu Yiba to obtain the total project payment of more than 19136245 yuan is that the two parties work together to obtain other funds for Lu Yiba.
However, Lu Yiba did not show evidence to prove that there was a fact of “excessive demand for other funds”.
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The Court believes that, first of all, the evidence presented by Lu Yiba in the original trial is not enough to prove that he was coerced into signing the Pre-Settlement Statement and the Letter of Commitment.
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Therefore, the invalidity of the construction contract does not affect the validity of the settlement agreement.
Therefore, this part of Lu Yiba’s claim is not tenable and the court does not support it.
7952.
The relevant case (2021) is the Supreme Court of the People’s Republic of China No.
As for Lu Yiba’s claim that the Advance Settlement Statement is invalid.
Whether the Pre-Settlement Statement is the application for review of the settlement agreement by Lu Yiba, who believes that it has not made final settlement of the project involved with the company.
The invalidity of the construction contract of the construction project does not necessarily lead to the termination of the construction contract relationship of the construction project on the project price (discount compensation) The contract signed with respect to payment method, payment time and liability for breach of contract for failure to pay as agreed is invalid.
The invalidity of the construction contract of the construction project does not affect the validity of the settlement agreement (Minutes of the 3rd Judges’ Meeting of the First Civil Court of the Supreme People’s Court in 2022) “Legal issues: The construction contract of the construction project is invalid, and the construction project has passed the acceptance, and whether the settlement agreement signed by the parties is valid? The judge’s meeting opinion is that the parties have the right to determine the rights and obligations after the contract is invalid by agreement.
Secondly, Lu Yiba issued the Letter of Commitment on June 26, 2015 to reconfirm the main contents of the Pre-Settlement Statement, but now he believes that the reason why “Qian Wenfu” in the Pre-Settlement Statement was not signed by him is not proved by evidence.
According to this, the original judgment determined that the Pre-Settlement Statement was a settlement agreement, and confirmed that the project cost involved in the case was 19136245 yuan, which was not improper.
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The first paragraph of Article 793 of the Civil Code of the People’s Republic of China stipulates: “If the construction contract of the construction project is invalid, but the construction project has passed the acceptance, the contractor can be compensated at a discount by referring to the agreement on the project price in the contract.” According to the provisions of this paragraph, the construction contract of the construction project is invalid, but the construction project has passed the acceptance, the employer and the contractor shall agree on the amount of the project price (discount compensation) The agreement on the payment method and time is the right of the parties, the embodiment of the voluntary principle, and does not violate the mandatory provisions of the law.
According to the facts found in the original judgment, on June 23, 2015, Luyiba signed the Pre-Settlement Agreement with Yicheng Company, agreeing that the pre-settlement payment of Luyiba construction team was 19136245 yuan; If both parties make joint efforts to make the settlement amount more than 19136245 yuan, the surplus amount belongs to Lu Yiba; By June 23, 2015, in addition to the warranty money and the payment already paid, the company should pay 2634610.91 yuan to Luyiba, but in order to solve the problem, the company is willing to pay 3 million yuan to Luyiba; If both parties make joint efforts to obtain other funds, they shall be owned by Lu Yiba.
