The court held that China real estate company signed a contract with truking company beyond its qualification level, and it was mainly responsible for the generation of invalid contract.
Contact information: 18360704753 (same number of wechat) the main idea of the judgment is that the general contractor makes construction materials according to the requirements of the employer, and then the employer terminates the contract, resulting in the failure of materials to use and causing losses to the general contractor.
The contracting matters include procurement, processing, production and installation of door and window raw materials, project labor management, etc.
China Real Estate Co., Ltd.
appellee (original defendant): Jiangsu Chutian Real Estate Co., Ltd.
After the termination of the contract, the materials prepared for the project involved are not used, which is bound to cause losses.
China real estate company fulfilled part of the contract, and truking company has paid part of the project funds.
After the signing of the contract and agreement, China real estate company prepared materials and carried out construction for the project involved.
On August 25, 2014, both parties signed a contract for curtain wall project of supplementary agreement on the production and installation of aluminum alloy windows.
The team profile “Daowen real estate and construction project legal service team” is composed of backbone lawyers engaged in real estate and construction project services and professional architectural consultants employed by Jiangsu kaishman law firm.
1259 judges: Jiang Dongxin, Zhang Zhaoyu Zou Yanping judgment date: June 30, 2020 basic case “on August 4, 2014, China real estate company and truking company signed the aluminum alloy window manufacturing and installation contract One copy, project name: Qingcheng creative Valley phase I project 5#-10#, 16#-18# building aluminum alloy window production and installation project.
About the loss.
Specialty: construction projects, marriage and family affairs, labor disputes and other types of cases.
The team members are from the Organization Department, the court, the housing and construction department and the notary office..
Obtain corresponding qualification at the beginning of 2016.
It is reasonable for the court to identify the remaining materials as waste materials and presume the total loss of materials.
shall make and process according to the drawings and corresponding changes and details provided by truking company, in combination with relevant standard atlas, and after confirming the actual situation on site.
From now on, the two contracts of aluminum alloy window production and installation contract and supplementary agreement on aluminum alloy window production and installation curtain wall project signed by both parties are terminated.
Case information trial court: Huai’an intermediate people’s court appellant (original plaintiff): Jiangsu Zhongfang Decoration Engineering Co., Ltd.
According to the application of China real estate company, the court of first instance entrusted Huai’an CAIJIAN Engineering Consulting Co., Ltd.
Truking company did not strictly review the qualification level of China real estate company when signing the contract with China real estate company, and took secondary responsibility for the invalid contract.
As for whether the existing glass, window sash, window frame semi-finished products and curtain wall materials not cut in the warehouse of China real estate company have residual value within the scope of appraisal, after consulting Huai’an CAIJIAN Engineering Consulting Co., Ltd., if the specific object is waste material and has no actual use value, it is determined as total loss.
At the time of signing the contract, China real estate company did not have the qualification to engage in corresponding projects.
About the author: Lawyer Chen Yanping, practicing lawyer of Jiangsu kesiman law firm, member of the Communist Party of China.
to identify whether the materials are specific objects and values.
The project name is: aluminum alloy curtain wall production and installation project of phase I 5#-18# building of Qingcheng creative Valley, which is installed and constructed according to the design drawings of aluminum alloy glass curtain wall approved by truking company.
How to determine the amount of loss depends on whether the unused part of the material is a specific object or a kind of object.
His papers “Research on the payment of project funds according to the contract when the construction contract of construction project is invalid”, “Research on the payment responsibility of the general contractor to the actual constructor under the situation of project subcontracting and illegal subcontracting”, and “Research on the responsibility of the actual constructor to sign procurement and other contracts in the name of the general contractor of construction” have been published in national and provincial journals.
After truking company terminates the contract, the unused construction materials can no longer be used for other projects, which belong to specific materials.
The lawyer commented that in this case, the materials prepared by China real estate company for the construction of the project involved were made according to the requirements of truking company.
The professionals identified the size of window frames, sashes and glass installed on the construction site of 9 buildings in Qingcheng creative Valley 5-10# building and 16-18# building as basically consistent with the color and size of existing glass, sashes and window frame semi-finished products in the warehouse of China real estate company; The curtain wall materials not cut in the warehouse of China real estate company are basically the same, so it is determined that the existing glass, window sash, window frame semi-finished products and curtain wall materials not cut in the warehouse of China real estate company are specific objects within the scope of appraisal, and the material value appraisal result is 299689.33 yuan.
On September 22, 2015, truking company issued a notice of termination of the contract and related matters to China real estate company.
China real estate company prepares materials for the construction of the project involved.
If the material is a specific object without residual value, it shall be presumed to be a total loss.
case No.: (2020) Su 08 Minzhong No.
Truking company shall compensate China real estate company for the loss, which is 35% of the amount of material value appraisal.
After September 30, 2015, the project will be continued by others.
The court finally ruled that truking company should pay compensation to China real estate company according to 30% of the amount of material value appraisal.
China real estate company shall bear 65% of the responsibility for the losses caused by the invalidity of the contract, and truking company shall bear 35% of the responsibility.
China real estate company filed a lawsuit in the first instance and ordered truking real estate to compensate for economic losses.
