Papers such as “Research on the legal effect of construction contracts signed before bidding for commercial housing construction projects”, “effectiveness of construction contracts under” affiliated “circumstances”, “effectiveness of construction project subcontracts without the consent of the employer”, “Research on the effectiveness of pile foundation project contracts directly contracted by construction units” were published in national journals such as China’s real estate industry and housing and real estate.
As the actual constructor Zhai guide is an individual without construction qualification, the construction project subcontract signed by him is invalid, but the project involved has been completed and delivered.
The project cost involved in the case was examined and approved by judicial appraisal.
Due to the determination of the quantities involved, the court started the judicial appraisal procedure according to law.
The two sides agreed that the construction contract decreased by 14%.
According to the contents of the contract and the results of judicial appraisal, the final project payment of the project involved was 3553441.83 yuan, and Zunlong still owed 1237459.83 yuan, which should be paid to Zhai guide.
Later Zhai withdrew the lawsuit.
Although Zunlong company did not recognize it, it did not provide evidence to prove its claim and was not accepted.
He has certain legal expertise in land development, real estate and construction projects and PPP.
The gist of the judgment is that the actual constructor is an individual without construction qualification, and the construction project subcontract signed by him is invalid, but the project involved has been completed and delivered, so he has the right to claim the project payment.
Therefore, Zhai guide’s claim for payment of project funds from Zunlong company is supported.
Zhai guide sued Zunlong company and agricultural science and technology city company to Huai’an intermediate people’s Court on October 29, 2013.
However, because the project involved has been completed and delivered, Zhai guide has the right to require Zunlong company to pay the project payment according to the law.
Zunlong company and agricultural science and technology company did not make final accounts for the contracted general project; The project involved has been completed and accepted and actually delivered for use.
” The court held that whether Zhai guide could claim the project payment.
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.
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.
1152 judges: Jiang Dongxin, Ma Yubao Judge Tao Rui date: May 25, 2021 basic case “on July 3, 2007, Zhai guide signed the road drainage construction contract with Zunlong company (formerly Nanjing Junma construction and installation Co., Ltd.) , it is agreed that Zhai guide will be responsible for the construction of ancillary works such as road drainage of Hongze Lake Business Plaza, with a decrease of 14%, and the quantities will be settled according to the facts.
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.
It has been rated as “excellent lawyer in Huai’an City” and “excellent lawyer in Jiangsu Province”.
appellee (original plaintiff): Zhai guide original defendant: Nanjing Zunlong construction and Installation Engineering Co., Ltd.
The court of first instance found that the agricultural science and technology city company had paid a total of 4767201 yuan to Nanjing Junma construction and Installation Engineering Co., Ltd.
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.: (2021) Su 08 Minzhong No.
The appraisal result was that the cost of the road and community drainage project of Hongze Lake Comprehensive Trade Plaza was 3900500.13 yuan, and the outward earthwork price was 199011.72 yuan, which was recognized by Zhai guide and agricultural science and technology city company.
In this case, the actual constructor Zhai guide is an individual without construction qualification, so the construction project subcontract signed by him is invalid due to violation of the mandatory provisions of the law.
In 2020, Zhai guide filed a new lawsuit and asked Zunlong company to pay the project payment in arrears of 1865481.84 yuan.
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Case information trial court: Huai’an intermediate people’s court appellant (original defendant): Jiangsu Hongzehu agricultural science and Technology City Co., Ltd.
