In this case, although the contract between Suzhong company and construction engineering company is invalid due to illegal subcontracting, if Suzhong company actually constructs and the project has been delivered, it is deemed that the construction project has passed the acceptance, and Suzhong company has the right to claim the project payment.
However, the plaintiff in the original trial actually completed the construction and delivered it for use, so he has the right to obtain the project payment according to law.
About the author: Lawyer song chongdi is now the chairman of the partner meeting of Jiangsu kaishman law firm and the head of the legal service team of Daowen real estate construction project.
failed to pay the project payment as agreed, Suzhong company sued the court of first instance and requested to order the defendant construction engineering company in the original trial to pay the project payment and interest.
Served as the arbitrator of Huai’an Arbitration Commission, the executive director of the Economic Law Research Society of Jiangsu law society, the teaching expert of “construction engineering and real estate” in Jiangsu lawyer training teacher pool, and the expert of PPP professional lawyer talent pool of Jiangsu Lawyers Association.
on January 31, 2013, the outsider Liu panfa and the original plaintiff (Party B and contractor) in the name of the project Department of the original defendant Construction Engineering Company (Party A and contracting unit) Sign the project contract and agree that Party A will hand over the waterproof project of the project to Party B for construction.
the holding company, the contract should be an invalid contract.
Case information trial court: Huai’an intermediate people’s court appellant (original defendant): Jiangxi construction engineering construction and installation Co., Ltd.
3805 judges: Hua Lin, Li qianbing Ma Zuobiao’s judgment date: February 3, 2020 basic case “China Ruilin Engineering Technology Co., Ltd.
Gist of judgment: if the construction contract is invalid, but the project has been actually constructed and delivered, the actual constructor has the right to claim the project payment.
contracted the project involved in the case to the original defendant Jiangxi construction engineering construction and installation Co., Ltd.
The lawyer commented on Article 2 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract disputes (I), which stipulates that the construction contract of the construction project is invalid, but the construction project has passed the completion acceptance, and the Contractor’s request to pay the project price with reference to the contract shall be supported.
Later, because Jiangxi construction engineering construction and installation Co., Ltd.
appellee (original plaintiff): Taixing Suzhong waterproof Engineering Co., Ltd.
He has certain legal expertise in land development, real estate and construction projects and PPP.
Acting as an agent in hundreds of construction engineering cases, such as the dispute over the design contract of Huai’an TV Tower “canal star” between Huai’an TV station and the Architectural Design Institute of Southeast University, and the dispute over the construction contract of the construction project of Fenghui square between Huai’an cable station and Zhejiang Fenghui construction group.
case No.: (2019) su08 Minzhong No.
” The court held that: with regard to the project contract involved in the case, since both parties to the contract did not provide evidence to prove that the subcontracting was agreed and recognized by the construction unit, i.e.
It has been rated as “excellent lawyer in Huai’an City” and “excellent lawyer in Jiangsu Province”.
Jiangxi construction engineering installation company shall pay project funds and interest.
The thesis “Research on the legal effect of the construction contract signed before the bidding of commercial housing construction project”, “effectiveness of the construction contract of construction project under the condition of” affiliated “,” effectiveness of the construction project subcontract without the consent of the employer “,” Research on the effectiveness of the contract of pile foundation project directly contracted by the construction unit “and other papers are published in China’s real estate industry and housing and real estate And other national journals.
