In our opinion, at the stage of prosecution and acceptance of civil cases, the people’s court can determine the corresponding cause of action according to the nature of the legal relationship involved in the plaintiff’s claims.
Li Haijun sued on January 7, 2020 that the Fourth Construction Co., Ltd.
The two parties to the case signed the Labor Construction Contract of Qingdao Science and Education Park Phase I Project of the Chinese Academy of Sciences, which agreed that the construction content was the electrical embedded installation project of Lot 2 # of Bid Section I and II of Qingdao Science and Education Park Phase I Project of the Chinese Academy of Sciences.
From the above contract agreement, the defendant has management, supervision, education and other responsibilities for the plaintiff’s work, while the construction project is usually characterized by large capital investment, complexity, high technology content and strong professionalism.
Legal representative: Cai Wansheng, executive director of the company.
The project site of this case is in Huanghai District, Qingdao.
Legal representative: Zhou Kezhang.
The plaintiff Li Haijun sued the defendant Dalian Yude Construction Engineering Co., Ltd.
The People’s Court of Qingdao Huangdao District has jurisdiction over this case.
On September 3, 2020, the Qingdao Intermediate People’s Court made (2020) Lu 02 Min Zhi Zhong No.
In the construction contract of construction projects, the contract letting party and the contractor are relatively independent.
The contract agreed that the unit price per square meter was 27.5 yuan, and the settlement square amount was subject to the as built drawing.
The Qingdao Intermediate People’s Court ruled that this case was improperly transferred to the People’s Court of Dalian Economic and Technological Development Zone.
In this case, the plaintiff filed a lawsuit to the court on the ground that there was a dispute over the labor construction contract with the defendant, requesting a decree to pay the project funds.
of China Construction Eighth Engineering Bureau contracted to build Qingdao, the Chinese Academy of Sciences, located in Huangdao District, Qingdao, Shandong Province ×× Phase II project, part of which will be subcontracted to Dalian Yude Construction Engineering Co., Ltd., and Dalian Yude Construction Engineering Co., Ltd.
306 civil ruling, rescinded (2020) Lu 0211 Min Chu No.
After examination, the Liaoning Higher People’s Court holds that the Qingdao Huangdao District People’s Court has jurisdiction.
Later, due to the withdrawal of Dalian Yude Construction Engineering Co., Ltd., Li Haijun actually constructed 10 buildings in Plot 2 ＃, and Dalian Yude Construction Engineering Co., Ltd.
Defendant: The Fourth Construction Co., Ltd.
The judgment shall aim at the stage of civil case prosecution and acceptance, and the people’s court may determine the corresponding cause of action according to the nature of the legal relationship involved in the plaintiff’s claim.
268, Hong Kong East Road, High tech Industrial Park, Qingdao, Shandong Province.
appealed to Qingdao Intermediate People’s Court on June 3, 2020.
signed a labor construction contract with Li Haijun on July 17, 2017, agreeing to subcontract the electrical engineering of Lot 2 # (Building 12) of the second bid section of the project to Li Haijun.
The agreed content is that disputes arising from the performance of the contract can be sued to the people’s court with jurisdiction in Dalian.
1-10-1, Building 2, Modern City, Dalian Economic and Technological Development Zone, Liaoning Province.
559, holding that the court of jurisdiction agreed by both parties was unclear, and rejected the objection to the jurisdiction of Dalian Yude Construction Engineering Co., Ltd.
raised a jurisdictional objection, believing that the case is a labor contract dispute.
Defendant: Dalian Yude Construction Engineering Co., Ltd., whose domicile is No.
The cause of action is a labor subcontract dispute for construction projects, which is subject to the exclusive jurisdiction of real estate.
of China Construction Eighth Engineering Bureau, with its domicile at No.
This case shall be under the jurisdiction of Qingdao Huangdao District People’s Court according to law.
On May 13, 2020, Dalian Yude Construction Engineering Co., Ltd.
In accordance with the provisions of the second paragraph of Article 37 of the Civil Procedure Law of the People’s Republic of China, the Liaoning Higher People’s Court reported to the Court for designation of jurisdiction.
Therefore, the law has special requirements for the subject qualification of the construction contract contractor.
The People’s Court of Dalian Economic and Technological Development Zone thought that the transfer was improper, so it reported to the Liaoning Higher People’s Court.
Qingdao Intermediate People’s Court believes that it is legal and effective for both parties to agree to choose the people’s court with jurisdiction in Dalian, which should be supported.
In this case, Li Haijun filed a lawsuit to the court on the ground that there was a dispute over the labor construction contract with Dalian Yude Construction Engineering Co., Ltd., requesting a decree to pay the project funds.
From the content of the contract involved in the case provided by Li Haijun’s lawsuit, Li Haijun contracted the construction in the form of package clearing, embedded and installed the electrical engineering of Lot 2 of Bid Section I and II of Qingdao Science and Education Park Phase I Project of the Chinese Academy of Sciences, involving the reservation of all electrical systems such as distribution boxes, equipment, cables, pipelines, lamps, switches, sockets, etc..
On May 25, 2020, Qingdao Huangdao District People’s Court made a civil ruling (2020) Lu 0211 Min Chu No.
Therefore, this case is not a dispute over the construction contract of a construction project, but a dispute over a labor contract.
of China Construction Eighth Engineering Bureau for the labor contract dispute, which was filed by the People’s Court of Huangdao District, Qingdao, Shandong Province on January 7, 2020.
Judgment Document Civil Ruling of the Supreme People’s Court of the People’s Republic of China (2021) Supreme People’s Court No.
and the Fourth Construction Co., Ltd.
In particular, the quality of the construction project not only involves the interests of the Employer, but also relates to the personal and property safety of unspecified third parties in society, and even relates to the national economy, the people’s livelihood and social stability.
56 Plaintiff: Li Haijun, male, born on June 24, 1981, Han nationality, residing in Huangdao District, Qingdao, Shandong Province.
The parties have agreed on jurisdiction in the Labor Construction Contract signed by them.
The basic legal relationship should be a construction contract dispute.
Fixing Socket Angular End Nail Plate
refused to pay the project funds, so it filed a lawsuit and requested to pay 553686.98 yuan of labor costs, and the litigation costs were borne by the defendant.
Therefore, the People’s Court of Dalian Economic and Technological Development Zone has no jurisdiction over this case.
Therefore, the nature of the contract in this case is not a labor contract dispute in essence.
559 civil ruling of the Qingdao Huangdao District People’s Court, and transferred the case to the People’s Court of Dalian Economic and Technological Development Zone.
Both parties agreed on jurisdiction in signing the Labor Construction Contract of Qingdao Science and Education Park Phase I Project of the Chinese Academy of Sciences, which shall be deemed invalid due to violation of the exclusive jurisdiction.
Dalian Yude Construction Engineering Co., Ltd.
