and Jilin Zunjue Real Estate Development Co., Ltd
.
② According to the relevant regulations of the local provincial government, the above expenses shall be included in the project settlement and paid by the construction unit
.
Case index: the Supreme People’s court “a construction company and a development company project payment dispute case”, see Zhejiang Dingli Construction Group Co., Ltd
.
project payment arrears, compensation dispute application retrial case (Hou Yong’an, Supreme Court legislative Division), published in “filing work guidance · appeal and application retrial case evaluation” (200401 / 6:88)
.
The court held that: (1) the construction company is affiliated to the engineering company in the form of internal contract, and the main body of the construction contract is not the construction company, so it is correct for the development company to pay the project funds directly to the engineering company
.
As for how the engineering company and the construction company pay or whether they pay the construction company, it belongs to another legal relationship and has nothing to do with this case
.
Brief introduction to the case: in 1994, the construction company contracted the projects of the development company by means of internal contracting
.
。
.
The above facts show that the project funds paid by the development company are in conflict with the total project cost of the development company, and the development company has basically paid off the project funds
.
The evidence provided by the development company shows that the project payment paid by the development company to the engineering company is equivalent to the total project cost
.
The insurance and fire-fighting expenses incurred in the construction shall be borne by the construction party or the beneficiary according to the construction contract signed by both parties
.
Therefore, in the case that the development company has paid the project funds, the construction company’s appeal for the development company to pay the project funds should be rejected
.
Practical points: if the employer has paid off the project payment to the contractor, and the affiliated construction contractor appeals for the payment, it will not be supported because there is no contractual relationship and no factual basis
.
In 1998, the construction company sued the development company for paying the advanced project funds
.
——If the employer has paid off the project payment to the contractor, and the affiliated construction contractor claims the employer to pay the project payment, it will not be supported because there is no contractual relationship and no factual basis
.
