If 1860 yuan / m2 agreed in the contract is still used as the pricing unit price of the completed project price, it is obviously unfair for the other party to promote the company.
I’m afraid the proportion of construction period is the most objective.
However, the research on the construction project case believes that the use of quota pricing is not absolute.
His practice fields include civil and commercial litigation and non litigation, contract, intellectual property, etc.
Every case is done to the utmost.
Third, if this method is adopted, the total project price payable by Longhao company will be significantly lower than the total price of 68345700 yuan agreed in the contract.
The cost and profit of each construction stage of the construction project are different.
There are no small cases, only small lawyers.
If the second method is used to calculate the project price of the project in this case, the price of the completed project in this case shall be 408 days ÷ 506 days × 68246673.60 yuan (total contract price for appraisal) = 55028938.40 yuan.
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Although the contract is terminated in violation of the agreement, it can obtain an additional benefit of more than 9.1 million yuan.
If the parties agree on the downward floating of the project price during the bidding, the use of the downward floating proportion to determine the project payment is also in line with the parties’ will and the principle of fairness.
In China’s current construction market, there is a common reality of small profits or losses in the construction of underground parts and structures.
However, the calculation result is significantly higher than the fixed budget price of 40652058.17 yuan corresponding to the completed project, which is obviously unfair to Longhao company, so it should not be adopted.
There are obvious irrationalities in using this method: first, the total contract price of 68246673.60 yuan is also obtained through appraisal, which is not the total contract price agreed upon by the parties when signing the contract.
Lawyer Huang Yong, the initiator of Jiangsu Fanhua law firm, graduated from the Law School of Southeast University.
The total project price payable by Longhao company is 68752058.17 yuan, which is only more than 360000 yuan higher than the total price agreed in the contract.
If the third method is adopted, that is, the price of the completed project is calculated according to the quota issued by the government department, the price of the completed project should be 40652058.17 yuan.
The court ruled that the pricing method of this case implemented three stages: underground part of the project, structural construction and installation and decoration.
In addition, the quota issued by the government department belongs to the government guidance price, and the calculation of the price of the completed project according to the quota issued by the government department is also in line with the relevant provisions of item 2 of Article 62 of the contract law, “if the price or remuneration is unclear, it shall be performed according to the market price of the place where the contract is concluded; if the government pricing or government guidance price should be implemented according to law, it shall be performed according to the provisions”.
As long as the downward floating proportion of the contract price and the fixed budget price is calculated, the contract price of the completed project can be calculated.
The employer Longhao company unilaterally breaches the contract and terminates the contract.
There are three methods to determine the project price through appraisal in judicial practice: first, take the ratio of the total price agreed in the contract to the total budget price of all projects as the downward floating proportion, and then multiply this proportion by the budget price of completed projects; Second, the ratio of the completed construction period to the total construction period to be completed shall be used as the pricing coefficient, and then the coefficient shall be multiplied by the total price agreed in the contract for pricing; Third, pricing is based on the quota issued by government departments.
The application of the first method is that when the parties sign a contract, the contract price is formed according to the downward floating proportion of the fixed budget price.
Second, the downward proportion obtained by comparing the two prices identified has nothing to do with the expression of the parties’ intention.
After the termination of the fixed price contract, the fixed price pricing method shall be adopted and converted into a certain proportion.
