However, if more than 20 years have elapsed since the date of damage to the rights, the people’s court shall not protect them.
Article 447 of the Civil Code Where the debtor fails to pay its debts as they fall due, the creditor may retain the debtor’s movables that have been lawfully in his possession, and has the right to have priority in the repayment of such movables.
4.
If the construction contract is deemed invalid, can we claim the project payment from the Employer? sure.
Under special circumstances, the people’s court may decide to extend them on the basis of the application of the obligee.
Article 24 of the Interpretation of the Supreme People’s Court on the Application of Law in the Trial of Disputes over Construction Contracts for Construction Projects (I) Article 24 The parties to several construction contracts for the same construction project are invalid, but the quality of the construction project is up to standard.
If the construction project is used by the Employer without the completion acceptance, the date of transfer of possession of the construction project shall be the date of completion..
If the construction contract of the construction project is invalid and the construction project experience is unqualified, it shall be handled according to the following circumstances: (1) If the repaired construction project passes the acceptance, the Employer may request the Contractor to bear the repair cost; （2） If the experience of the repaired construction project is unqualified, the Contractor has no right to claim for compensation by referring to the agreed price of the project in the contract.
No time limitation defense was raised during the first instance.
If a party fails to raise a plea of limitation of action in accordance with the provisions of the preceding paragraph and applies for retrial or raises a plea of retrial on the ground that the limitation of action expires, the people’s court shall not support it.
The Contractor shall be compensated by referring to the agreed discount on the project price in the actually performed contract.
Can the court support the time limitation defense raised during the second instance? No.
However, it is not allowed to prove that the claim of the other party has expired the limitation period based on new evidence.
If the law provides otherwise, such provisions shall prevail.
However, if there is evidence to prove that one party knew or should have the other party refused to settle, the statute of limitations period for litigation to request the people’s court to protect civil rights in Article 188 of the Civil Code is three years from the date when it knew that the rights were damaged.
The Employer has put the project into use before the completion acceptance, can the Employer refuse to pay the project payment if the project has not passed the completion acceptance? No.
5.
No lien may be exercised on the immovable property, but it enjoys the priority of compensation.
Can the Contractor refuse to deliver the construction project on the ground that the Employer has not paid off the project funds? No.
Article 157 of the Civil Code After a civil juristic act is invalid, revoked or determined to be ineffective, the actor shall return the property acquired as a result of the act; If the goods cannot be returned or it is unnecessary to return them, they shall be compensated at a discount.
Article 4 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of the Limitation of Action System to the Trial of Civil Cases, if a party fails to raise a plea of limitation of action during the first instance and raises it during the second instance, the people’s court will not support it, except that it can prove that the claim of the other party has passed the limitation of action based on new evidence.
The creditor mentioned in the preceding paragraph is the lien holder, and the movable property in his possession is the property under lien.
Article 793 of the Civil Code, a construction contract for a construction project is invalid, but if the construction project has passed the acceptance check, the contractor may be compensated at a reduced price by reference to the agreement on the project price in the contract.
If it is difficult to determine the actual performance of the contract, and the parties request to compensate the contractor by referring to the agreed project price in the last signed contract, the people’s court shall support it.
If one party requests to compensate the contractor at a discount according to the agreed project price in the contract actually performed, the people’s court shall support it.
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The limitation period shall be counted from the date on which the obligee knew or should have known that his rights had been damaged and the obligor.
If the project funds have not been settled, can we not sue? The project funds have not yet been settled, so it is often difficult to determine the exact time when the project funds should be paid, and the contractor is difficult to know the exact time when the rights are violated, so the starting time of the statute of limitations is generally not calculated.
If the law provides otherwise, such provisions shall prevail.
If the law provides otherwise, such provisions shall prevail.
3.
2.
Article 195 of the Civil Code In any of the following circumstances, the limitation of action shall be interrupted, and the limitation period shall be recalculated from the time of interruption and the end of the relevant procedures: (1) The obligee makes a request for performance to the obligor; （2） The obligor agrees to perform its obligations; （3） The obligee brings a lawsuit or applies for arbitration; （4） Other circumstances that have the same effect as bringing a lawsuit or applying for arbitration.
The party at fault shall compensate the other party for the losses incurred therefrom; If all parties are at fault, they shall bear their respective responsibilities.
If the contract letting party is at fault for the losses caused by the unqualified construction project, it shall bear corresponding liabilities.
