Reference case: The Supreme People’s Court of Quanzhou Chongwu Banyuewan Resort Development and Construction Co., Ltd.
according to the notice requirements of the Finance Department of Inner Mongolia Autonomous Region.
03.
Are the project arrears interest and liquidated damages within the scope of project cost identification? A: Yes.
So far, in the event that both parties have not reached an agreement on the project settlement price, Yilong Company, as the actual constructor, has the burden of proof for the project price it claims.
1、 Question 01: Is judicial expertise required? If there is a settlement statement for the settlement of construction project price, and both the Employer and the Contractor agree on judicial expertise, can the court or arbitration institution start the judicial expertise procedure? A: Yes.
Is the cause of claim, the loss of claim and the time limit for claim established? Who will determine? A: It shall be determined by the people’s court or arbitration institution.
10 Construction Engineering Co., Ltd.
According to Article 5.7.6 of the Code for Appraisal of Construction Project Cost, the appraiser can put forward suggestions from the perspective of professional identification and judgment on the attribution of the responsibility for construction period delay, which will be finally determined by the client based on the evidence provided by the parties.
If the Employer does not approve the review report on the project budget, does it need to determine the project cost through the judicial appraisal procedure? A: Yes.
Reference case: Yunnan Wenrong Construction Engineering Co., Ltd.
Reference case: Guizhou Construction Engineering Group No.
When the project in the contract is deleted due to the Employer, if the Contractor proposes that the Employer should pay reasonable expenses and expected profits, who will determine whether the fact of deletion is true? A: It shall be determined by the people’s court or arbitration institution.
Yilong Company can file a lawsuit after there is sufficient and effective evidence to prove the amount of the project cost, and there is no loss of the right to recover the project cost.
Accordingly, the Employer does not recognize this audit report as the project cost settlement, which is based on facts.
If the client knows that the cause of the claim, the loss of the claim and the time limit for the claim are valid, the appraiser shall use professional knowledge to make a judgment on the cause and effect relationship and make an appraisal opinion for the use of the client’s judgment.
However, the initiation of the appraisal procedure in this case was agreed by both parties, so it was not improper for the original court to start the appraisal procedure without accepting the settlement statement.
06.
If the Client believes that this fact is true, the appraiser can calculate the expenses according to a certain proportion of the management fees of relevant engineering enterprises when conducting appraisal, The expected profit can be calculated according to a certain proportion of the profit in the quotation of relevant projects or the profit rate in the statistical annual report of construction enterprises issued by the local statistical department.
If the number of days of overdue completion can be determined by the judge according to the facts of the case, can the judicial expertise procedure not be started? A: Yes.
02.
According to Article 5.8.1 of the Code for Appraisal of Construction Project Cost, if the parties dispute over the claim, the appraiser shall request the client to make a judgment on the cause and loss of the claim.
Construction Contract Dispute Case (2020) Supreme Law Minzhong No.
Forensic expertise is the main problem in construction contract disputes, so it is necessary for relevant practitioners to have a more in-depth and detailed understanding in order to have a target.
and Guizhou Xingui Real Estate Development Co., Ltd.
1131 The Supreme People’s Court held that the identification of cost claim disputes was clearly listed in the Code for Identification of Construction Project Cost issued by the Ministry of Housing and Urban Rural Development of the People’s Republic of China on August 31, 2017 and implemented since March 1, 2018, Based on this, it can be judged that the shutdown loss, project arrears interest and default metal in the appraisal scope in the Appraisal Opinion of this case are in the scope of project cost appraisal..
and Jinghong Lifeng Real Estate Development Co., Ltd.
1、 In the second instance, both the Guyang County Government and the Transportation Bureau of Guyang County claimed that the Budget (Final) Evaluation Report was a follow-up audit of the use of state-owned funds by the Finance Department of Inner Mongolia Autonomous Region and could not be used as a basis for settlement of projects involved in the case.
Construction Project Contract Dispute Case (2020) Supreme People’s Court No.
Who determines the responsibility for the construction period delay? A: It shall be determined by the people’s court or arbitration institution.
(2019) held that the court of first instance held that the number of days overdue for completion could be determined by the court according to the facts of the case, so it did not ask the appraisal agency to issue an appraisal opinion on this issue, which did not violate the law.
and Guyang County People’s Government’s Construction Contract Dispute Case (2020) Supreme People’s Court (SFMS 5266) held that Yilong Company requested that the total project price reviewed by this review report be determined as the project price involved in the case based on the Budget (Decision) Review Report issued by Jiashida Cost Engineering Co., Ltd.
This paper analyzes 24 questions for readers’ reference.
The purpose, basis, method and procedure of the review are somewhat different from the audit or appraisal of the project price.
Reference case: Inner Mongolia Yilong Industry Co., Ltd.
04.
According to Article 5.8.5 of the Code for Appraisal of Construction Project Cost, the Employer deleted a certain work or project in the contract due to the Employer’s reason, and the Contractor proposed that the Employer should give reasonable expenses and expected profits.
According to the content of the Budget (Final) Calculation Review Report, the review report is the review of the project budget involved in the case by Jusida Construction Cost Co., Ltd.
Note: The client refers to the people’s court or arbitration institution that entrusts the appraisal institution to appraise the project cost.
After the court of first instance explained, Yilong Company applied for appraisal and withdrew, and the original judgment found that the evidence for its lawsuit was not sufficient and was not inappropriate.
(The same below) 05.
07.
360 held that although Article 12 of the Interpretation of the Supreme People’s Court on the Application of Law to the Trial of Construction Project Contract Dispute Cases (II) stipulates that the parties have reached an agreement on the settlement of construction project price before the lawsuit, In the litigation, if a party applies for appraisal of the project cost, the people’s court will not allow it.
