and Shanghai Zhenghai Real Estate Development Co., Ltd
.
In this case, the essence is that the employer forms a de facto construction contract relationship with the actual constructor and excludes the nominal contractor Different treatment] in cases, some courts insist on establishing only one construction contract relationship between the employer and the contractor, but deny the factual contract relationship between the employer and the actual constructor
.
32 and No
.
The reason why star believes that the liability for contracting fault should be applied in this case cannot be established
.
Although the two parties have not signed a contract, they have formed a de facto construction contract relationship
.
held that although the construction contract reached between the plaintiff Deyang Qiankun company and the project Department of the defendant Jiangxi Urban Construction Company was not signed and sealed by the defendant Jiangxi Urban Construction company, However, the plaintiff Deyang Qiankun company performed its contractual obligations in accordance with the construction contract, and the defendant Jiangxi Urban construction company actually received the project and paid most of the project price
.
▼ the “relationship determination” 01 of the construction contract does not sign a written contract after winning the bid
.
held that both parties conducted bidding according to the bidding procedures, the procedures were legal and effective, the bidding documents were an offer, and the letter of acceptance should be an acceptance
.
After the notification of award is issued, the tenderee or the successful bidder does not sign a written contract, and a contractual relationship is also established
.
Since then, Baotou No
.
On the contractual relationship between the employer and the affiliated party, in theory, there are different views on whether the employer and the affiliated party establish a contractual relationship
.
Haibin company takes Zhenghai company as the defendant, and its litigation subject is qualified
.
Haibin company and Zhenghai company are the subjects of the lawsuit in this case
.
although Haibin company and Zhenghai company did not conclude the construction contract in writing according to the law, the minutes of the construction meeting in July 2008 can reflect that Haibin company has completed most of the construction, The main obligations of the construction project construction contract have been fulfilled, and Zhenghai company has actually used it
.
Some judges believe that although the nominal subject of the construction contract signed with the employer is the affiliated person, there is a factual construction contract relationship between the affiliated person and the employer
.
Therefore, the construction project construction contract relationship between Haibin company and Zhenghai company is established
.
2 construction engineering company
.
Because song is an individual without construction qualification, his contracting of the project of the housing repair company violates the mandatory provisions of laws and administrative regulations, the contract between the two parties is invalid according to law
.
Case 4 the court of first instance of the dispute over the construction contract between Deyang Qiankun Technology Co., Ltd
.
Although the two parties did not sign a written construction contract, the failure to sign a written contract does not affect the establishment of a construction contract between the two parties because the letter of acceptance contains the basic elements of the construction contract
.
the retrial court held that the project involved was invited to the relevant construction units by Baitian company in the form of invitation to bid, and Shida company issued the letter of bid according to the bidding documents, Baitian company issued the letter of acceptance to Shida company according to the letter
.
The legal relationship between Chen and Shengyuan company is adjusted by the cooperation contract between both parties.
. 
Some judges believe that after the notification of award is issued, the contract between the tenderee and the successful bidder should be an appointment contract, not an appointment contract
.
Case 2 dispute over construction project subcontract between song and the housing repair company according to the facts found out, song reached an oral agreement with the housing repair company and agreed that the housing repair company would hand over the repair and reconstruction works of No
.
and Wuxi Shida Construction Co., Ltd
.
Both parties have formed a de facto relationship of rights and obligations
.
In the case, the Supreme People’s court held that the affiliated person did not actually perform its obligations in the whole construction contract, and although the affiliated person and the employer did not establish a legal contractual relationship, the actual performance subjects in the construction contract were the employer and the affiliated person
.
Case 1 dispute over the construction contract between Zhejiang Haibin Construction Group Co., Ltd
.
In another typical case, the Supreme People’s court clearly determined that the affiliated party actually fulfilled the construction obligations of the affiliated party for the employer, and the employer directly benefited from it, so the relationship of rights and obligations between the two actually formed
Case 1: the court of second instance of the dispute case of execution objection between Shengyuan company and outsiders in he and Chen cases held that Shengyuan company signed a construction contract with the employer’s headquarters, which is a construction contract relationship; Chen is attached to Shengyuan company through cooperation and is the actual constructor
.
The two sides also negotiate and approve some specific problems in the construction, The above facts show that Baotou second construction has made it clear that this part of the project is undertaken by Runhua company, which is basically constructed in accordance with the construction contract between Baotou second construction and the Development Zone Office, and has also been recognized by the management committee and the entrepreneurship center
.
Case 1 the court of second instance of the dispute over the construction contract between Jiangsu Huaqiang Real Estate Development Co., Ltd
.
10 caochang in Dongcheng District, Beijing to song for construction
.
40 courtyard of No
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According to Article 25 of the contract law, the contract was established when the acceptance took effect, Therefore, after the letter of acceptance is issued, the construction contract relationship between the two parties is established
.
Case 3 dispute over the construction contract between the Management Committee of Baotou rare earth high tech Industrial Development Zone, Inner Mongolia and Baotou Runhua Yongqing construction company and Baotou No
.
Runhua company directly reports the project progress to the management committee, and the Management Committee directly pays the project progress payment to Runhua company
.
2 construction has not intervened in the project, In fact, the management committee also regards Runhua company as the construction unit, and the relationship between the two sides is also the relationship between the construction unit and the construction unit
.
The construction in progress was not carried out in accordance with the requirements of the letter of acceptance of the contract, resulting in disputes due to the non signing of the letter of acceptance of construction in Nantong
.
Since then, song carried out the construction of the above project and completed the project
.
After the establishment of Runhua company, the company organized the construction of the science and trade building and warehouse 2 of the entrepreneurship center
.
Case 2 retrial of the dispute over the construction contract between Wuxi Baitian Architectural Design Consulting Co., Ltd
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and Jiangxi Urban Construction Group Co., Ltd
.
The court of second instance also held the same opinion and upheld the original judgment
.
In practice, the form of factual construction contract is diverse, and the judge should determine it according to the specific circumstances of the case
.
According to Article 37 of the contract law, the contract between the plaintiff Deyang Qiankun company and the defendant Jiangxi Urban Construction Company was established
.
and Nantong Sijian Group Co., Ltd
.
Star believes that there is no written contract, so the reason why the contractual relationship between the two parties is not established cannot be established
.
The letter of bid issued by Shida company is equivalent to an offer, and the letter of acceptance issued by Baitian company is equivalent to an acceptance
.
When the letter of acceptance reaches Shida company, the construction contract between the two parties is established and takes effect
.
02 identification of factual construction contract: Although the contractor and the employer have not concluded a construction contract in writing, but the contractor has fulfilled the main obligations of the construction contract and the employer has actually used it, the two parties shall establish a construction contract relationship
.
Since the construction contract relationship between the two parties has been established and Shida has actually entered the site for construction, the construction contract between the two parties has been actually performed
.
9 caochang in the contracted repair works from No
.
04 contractual relationship between the employer, the contractor and the actual constructor in the actual scenario, some employers will skip the main contents of the contract directly performed by the contractor with the sub contractor or affiliated actual constructor, or even sign supplementary agreements, settle accounts or directly pay project funds, which will break the original contractual relationship between the three, In fact, it directly establishes the contractual relationship between the employer and the actual constructor
.
However, the judges have different views on whether the contract is an appointment contract or a contract
.
3 caochang to No
.
Although Baotou second construction claimed that this part of the project was performed and completed in the second trial, The management committee and the entrepreneurship center also denied the fact that Runhua company was the construction unit, but Baotou second construction did not perform the construction tasks of the science and trade building and warehouse 2, and Runhua company and the management committee formed a de facto contractual relationship
.
