If the contractor subcontracts part of the project to a qualified construction party, the subcontract is valid, unless the project involved in the case is illegal, such as not obtaining the construction project planning license, the construction project land planning license, and the project involved in the case is identified as illegal construction.
102) People’s Courts at all levels in the province: the Judicial Committee of the Provincial Court discussed and approved Answers to Several Questions of the Higher People’s Court of Hunan Province on the Trial of Construction Contract Dispute Cases.
If it is impossible to distinguish between the contracts actually performed, the contracts signed in the future shall be used as the basis for settlement.
If the actual constructor, the legal subcontractor and the contractor have agreed on the arbitration clause, and then file a lawsuit with the employer as the defendant, the lawsuit will not be accepted, and if it has been accepted, the lawsuit will be rejected.
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16 of the National Development and Reform Commission of the People’s Republic of China) implemented on June 1, 2018 The scope of infrastructure and public utility projects that must be tendered (FGJG [2018] No.
6、 Does the invalidity of the contract between the Employer and the Contractor necessarily lead to the invalidity of the subcontract? The invalidity of the construction contract between the Employer and the Contractor does not necessarily lead to the invalidity of the subcontract.
2、 How to identify the arbitration clause in the construction contract involving jurisdiction and other related issues? If the Employer and the Contractor agree on the arbitration clause in the construction contract of the construction project, the arbitration clause is only binding on both parties of the contract unless the actual constructor approves or expresses that it is bound by the arbitration clause between the Employer and the Contractor.
If the actual constructor or legal subcontractor sues the contractor or directly sues the contract letting party, the people’s court shall hear the case.
The people’s court shall determine the facts confirmed by the effective award of the arbitration institution in accordance with the provisions of Article 10 of the Several Provisions of the Supreme People’s Court on Evidence in Civil Proceedings.
If the bid-winning contract and other contracts are invalid, the contract actually performed shall be taken as the basis for settlement.
If the lawsuit in this case needs to be based on the arbitration results between the Employer and the Contractor, the hearing can be suspended and resumed after the arbitration procedure is completed.
Click to read the Judicial Interpretation and Jurisprudence Compilation of Construction Project Contract Disputes Click to receive the complete e-book of the Model Text of Administrative Law Enforcement Document for Urban Management, Hunan Provincial Higher People’s Court issued the Notice of Hunan Provincial Higher People’s Court on Several Issues Concerning the Trial of Construction Project Construction Contract Disputes (HGF [2022] No.
5、 How to determine the validity of the contract when the Employer has not obtained the construction project planning permit and construction permit? If there are many lawsuits and the Employer has obtained the approval procedures such as the construction project planning permit before the lawsuit, the construction contract of the construction project can be recognized as valid.
3、 How to determine the effectiveness of construction contracts signed without bidding? If the parties claim that the construction contract of the construction project signed without the bidding process is invalid, in addition to complying with the provisions of Article 3 of the Bidding Law of the People’s Republic of China and the Regulations of the National Development and Reform Commission on Projects Subject to Bidding (Order No.
7、 How to determine the contract as the settlement basis in the “black and white contract”? The bid-winning contract is valid, and the bid-winning contract is the basis for settlement.
On November 7, 2022, the Higher People’s Court of Hunan Province answered several questions about the trial of construction contract disputes in order to solve the difficult problems in the trial of construction contract disputes in the provincial courts, According to the Civil Code of the People’s Republic of China, the Construction Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China, and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Construction Contracts of Construction Projects (I), The Higher People’s Court of Hunan Province formulated and issued the “Answers to Several Questions of the Higher People’s Court of Hunan Province on the Trial of Construction Contract Dispute Cases”.
Source: This article of Hunan High School is only for exchange and learning.
1、 How to understand the scope of exclusive jurisdiction of construction contract disputes? The following cases shall be under the jurisdiction of the people’s court of the place where the construction project is located: (1) disputes over the construction contract of the construction project, disputes over the decoration and decoration contract, disputes over the priority of compensation of the construction project price, disputes over the construction project supervision contract, disputes over the rural housing construction contract, disputes over the construction project subcontract and disputes over the construction project labor subcontract; （2） Construction engineering survey contract disputes and construction engineering design contract disputes.
If the substantive content agreed in the construction contract separately signed by the Tenderee and the winning bidder is inconsistent with the winning contract, the winning contract shall be used as the basis for settlement.
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843) implemented on June 6, 2018 will not be supported except for projects that must be tendered.
4、 Is the contract established when the construction contract of the construction project is not formally signed after signing the letter of acceptance? During the bidding process, if the Contractor and the Employer sign the Letter of Acceptance, and the Contractor or the Employer refuses to sign the formal construction contract text with the other party, the construction contract between the two parties shall be deemed to be established.
After the arbitration between the actual constructor, the legal subcontractor and the contractor has ended, the people’s court shall hear the case of suing the contract letting party (including the case where the contract letting party and the contractor also agreed on the arbitration clause in the construction contract of the construction project).
（3） Disputes between the debtor and the assignee arising from the performance of the debt due to the assignment of the project payment creditor’s rights.
If there are any problems in the implementation process, please report to the First Civil Court of the Provincial Court in a timely manner.
（4） Construction project general contract disputes.
It is hereby printed and distributed, please strictly comply with it.
