civil judgment of Henan Sanmenxia intermediate people’s Court (2021) Yu 12 min Zhong No
Later, mittenberg company contracted the project involved in the case to Xingda company through bidding, issued the letter of acceptance on May 29, 2018, and signed the construction contract with Xingda company
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In this case, Deyuan processing plant claimed the existence of works outside the contract and lost work and claimed the corresponding amount, but could not submit corresponding evidence to prove the existence of the facts claimed
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IV
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Liu Shengquan submitted SF express documents and notice to prove that he had fulfilled the notification obligation to Shanshui Wenyuan company
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Case source: China judicial document network I
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Vi
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II
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Huazhong entered the construction site in September 2017
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civil judgment of Henan Luoyang intermediate people’s Court (2021) Yu 03 min Zhong No
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Mittenberg company shall pay the project funds to Huazhong company until September 12, 2019
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Although the acceptance opinion sheet does not specify the acceptance of concealed works, the overall acceptance of the project is qualified, and Dangshan Jiatai real estate company has not provided evidence to prove that there are quality problems in concealed works
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Civil judgment of Beijing No
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3080 key words: signing of works outside the contract selected from judicial appraisal judgment opinions: Deyuan processing plant claims that both parties have works outside the contract in addition to the works inside the contract, and Bihai company shall pay the cost of work delay, and Wanji company shall bear joint and several liability, Deyuan processing factory shall bear the burden of proof for the facts it claims
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Deyuan processing plant claims that the original evidence materials should be delivered to Bihai company, but Bihai company does not accept it, and Deyuan processing plant cannot prove the fact that it handed over the original evidence materials to Bihai company
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Zhou Hunan has reason to believe that Chen Hanyang has certain punishment right on matters related to the project involved.
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The evidential materials submitted by Deyuan processing plant are copies and are not sufficient to identify the project outside the contract
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III
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Henan Zhengzhou intermediate people’s Court (2021) yu01 Minzhong No
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In terms of form, the detailed list of excavation works is made by the appellee unilaterally, and the witness is the construction personnel of the appellee; From the witness’s proof, there is only the proof of roadway driving footage, but no relevant proof of whether the engineering roadway standard meets the agreed standard
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Therefore, Deyuan processing plant should bear the adverse consequences of failure to provide evidence
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In addition, Wang Zhuzhu agreed to the appraisal, but did not agree to pay the appraisal fee in advance
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As for Deyuan processing factory’s request for judicial appraisal of the authenticity of the signature of Xu Deyong, a staff member of Bihai company, in the evidence materials submitted by Deyuan processing factory, because it was unable to submit the original of relevant materials, the appraisal institution was returned after the court of first instance entrusted judicial appraisal
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Therefore, the project involved in the appeal filed by Dangshan Jiatai real estate company failed to pass the completion acceptance of Dangshan County power supply company of State Grid Anhui Electric Power Co., Ltd., the claim that the project has quality problems and does not meet the delivery conditions cannot be established, and the court will not support it
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The above circumstances are sufficient to prove that middenberg company knew that the actual construction was Huazhong company before and after bidding, middenberg company and Xingda company had no real intention to sign and perform the project construction contract involved in the case, the construction contract signed by both parties was invalid with respect to the project involved, and the court of first instance ruled that middenberg company directly paid the project funds to Huazhong company, And Huazhong company has the priority right to be compensated for the project price, which is not improper
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According to Article 64 of the Civil Procedure Law of the people’s Republic of China, the parties have the responsibility to provide evidence for their claims
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Meiyuan company agreed to the appraisal, but only agreed to pay half of the appraisal fee in advance
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1767 civil judgment key words: selection of judgment opinions on the reduction of quotation of punishment right: Chen Hanyang was the president of Qidong new area hospital at that time and signed the decoration contract involved with Zhou Hunan on behalf of the hospital
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3 intermediate people’s Court (2021) Jing 03 min Zhong No
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227 key words: detailed list of excavation project appraisal fee judgment opinions: Wang Zhuzhu, the appellee, carried out the construction as the actual constructor of No
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Therefore, the appellee Wang Zhuzhu’s claim of first instance is not supported according to law
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In the first instance, the appellee Wang Zhuzhu claimed that the settlement was based on the exploration footage and provided the detailed list of excavation works and the footage measurement list of construction personnel Li zuoton, but the appellant Meiyuan company did not accept it
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The party claiming the existence of a legal relationship shall bear the burden of proof for the basic facts that produce the legal relationship
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The creditor’s right transfer agreement signed by Liu Shengquan and Yangjiang Jian’an company is the true intention of both parties and should be legal and effective
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After both parties sign the settlement sheet, Shanshui Wenyuan company shall pay the corresponding project funds
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According to the inspection contents of the completion acceptance sheet of the customer’s power receiving project, The project quality inspection includes public transformer and special transformer projects, and the inspection conclusion is qualified, indicating that the acceptance is comprehensive acceptance rather than single acceptance
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Later, Huazhong company continued construction
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civil judgment No
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Although Dangshan Jiatai real estate company provided evidence to prove that there was a certain quality problem in Dijing Shuian 2# special transformer, the problem was found in the project warranty period after acceptance and has been repaired by Changjiu power installation company
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6657 civil judgment key words: selection of judgment opinions on the priority of compensation for the project funds of the construction contract: the parties shall provide sufficient evidence to prove their claims
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1915 of Anhui Suzhou intermediate people’s Court (2021) Wan 13 min Zhong key words: selection of judgment opinions on comprehensive acceptance of single acceptance of concealed works: the projects involved in the case include public substation and special substation projects
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6 pit mouth exploration and excavation project of Meiyuan company, and Meiyuan company shall pay the project fund, However, both parties shall settle the actual quantities according to the contract, and both parties in this case have not settled the actual quantities according to the contract
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Although the mail was rejected, filing the lawsuit in this case and serving the creditor’s right transfer agreement to Shanshui Wenyuan company is also a way of notification, and the notice of creditor’s right transfer will take effect immediately, Therefore, the transfer of creditor’s rights between Liu Shengquan and Yangjiang Jian’an company has legal effect on Shanshui Wenyuan company
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At the same time, the authenticity of Xu Deyong’s signature could not be confirmed, which made it impossible to confirm the facts of relevant cases
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Middenberg company appealed that it had no contractual relationship with Huazhong company, and Huazhong company had no right to claim the construction project funds and priority of compensation from middenberg company
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Therefore, the appraisal of this case was not carried out
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If the evidence is not enough to prove the claims of the parties, the parties bearing the burden of proof shall bear the adverse consequences
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Deyuan processing factory claims that the evidence submitted by it has the signature of Xu Deyong, a staff member of Bihai company, which can be used to determine the facts of its claim, but Bihai company denies the authenticity of Xu Deyong’s signature
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5 and No
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V
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9171 key words: selection of judgment opinions on the way of notice of creditor’s right transfer: in this case, the contract settlement sheet (Engineering) signed by Shanshui Wenyuan company and Yangjiang Jian’an company is the true expression of intention of both parties and does not violate the mandatory provisions of national laws and administrative regulations, Shall be legal and valid
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Although the appellee Wang Zhuzhu provided certain evidence, it is not enough to prove the specific quantities of construction
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Hunan Hengyang intermediate people’s Court (2021) Xiang 04 min Zhong No
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