Since Hou enqi and other three persons who signed the bill of quantities are the appellant’s staff, the obligation to verify the authenticity of the signature shall be borne by the appellant
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In this case, the contractor of the project involved left the site before the project was completed
.
civil judgment (2021) Liao 07 min Zhong No
.
11801 civil judgment key words: audit conclusion selection of judgment opinions on the delivery of project funds: Although the project cost agreed by both parties in the contract shall be subject to the approved cost, the project involved has been completed and delivered for many years, and the audit conclusion has not been issued so far, If the appellant, as the general contractor, neither claims the rights to the construction unit nor specifies the specific time for making the audit conclusion to the court, it shall be deemed that the appellant is lazy in performing the obligations agreed in the contract, and the conditions for the appellee to claim the project payment have been met
.
“, editor’s note), the letter of commitment has the nature of guarantee, but the guarantee is the main creditor’s right guaranteed by the creditor’s rights and debts that have not been determined at the time of issuance of the letter of commitment, which does not meet the establishment requirements of the guarantee contract and does not belong to the maximum guarantee contract, It can be recognized as the intentional commitment of Zhicheng company to provide guarantee for Tian liku’s unspecified debts in the future
.
At present, the appellant failed to provide effective evidence to refute the signature and bill of quantities
.
In a sense, invoice is a voucher that can affect property and economic interests
.
11244 civil judgment key words: recording and acceptance opinions on liquidated damages for overdue completion and judgment opinions on hidden dangers of water leakage: as for the liquidated damages for overdue completion claimed by the appellant, the construction scope of the project involved in the case has been changed during the construction process, as of October 16, 2019, The appellant’s reconstruction project has not been fully completed
.
It can be seen from Articles 3 and 19 of the measures for the administration of invoices of the people’s Republic of China that issuing invoices is a legal obligation that the payee engaged in business activities or providing services should perform to the payer, asking for invoices is a legal right that the payer can claim, and issuing or asking for invoices is a civil right and obligation relationship between equal subjects
.
The implementation of this intention still needs to supplement the essential elements of the guarantee contract terms missing in the letter of commitment, or re conclude the guarantee contract
.
1185 civil judgment key words: selection of judgment opinions on the scope of acceptance of legal rights of invoices: the main issue in this case is whether Shenyang hongfude Construction Engineering Co., Ltd
.
X
.
1093 of Jinzhou intermediate people’s Court of Liaoning Province key words: signing the settlement sheet selected from the judgment on Resignation: in order to prove the amount of project funds, the appellee submitted the bill of quantities, which was signed by the appellant worker Hou enqi and other three people
.
Shenyang hongfude Construction Engineering Co., Ltd
.
IX
.
Therefore, it shall be deemed that the bill of quantities submitted by the appellee was issued by the appellant’s staff on behalf of the appellant
.
Therefore, the court of first instance ruled that it was not improper for the appellant to bear the payment responsibility and pay interest to the appellee
.
XII
.
The bill of quantities is the appellant’s approval of the construction quantities of the appellee, and the bill of quantities is binding on the appellant
.
Liaoning Jinzhou intermediate people’s Court (2021) Liao 07 min Zhong No
.
Because there are many construction units involved in the project, and the minutes of the meeting can prove that the project constructed by the appellee needs to wait for the completion of the previous project, and the reduced project content of the project described by the appellant has no design change and visa, Although the appellant put forward a recording Certificate in the second instance to prove his claim, the recording did not reflect the slowdown of the appellee, nor did it provide sufficient evidence to prove that the delay in opening was caused by the appellee
.
Shenyang intermediate people’s Court of Liaoning Province (2021) Liao 01 min Zhong No
.
Shenyang intermediate people’s Court of Liaoning Province (2021) Liao 01 min Zhong No
.
If the project involved in the case has problems within the warranty period, the appellant shall require the appellee to carry out maintenance work
.
Although invoice itself is not property, it is directly related to property and economic interests
.
Therefore, the court of second instance held that in the absence of evidence to prove that it had signed a guarantee contract with Zhicheng company, northern company claimed that Zhicheng company was jointly and severally liable for the wages involved in the case only based on the letter of commitment, which was not improper due to the lack of factual and legal basis
.
As for the quality problem of the project involved claimed by the appellant, since the project involved has been completed and accepted on November 30, 2019 and has been put into use, although the acceptance opinion indicates that there is a hidden danger of water leakage, the acceptance opinion belongs to the scope of defect liability of the project involved in the case and should be repaired by the appellee
.
Although the two parties did not sign a construction contract, the project involved actually entered the construction site, and quanyun village company and Nantong second construction company formed a de facto engineering construction contract relationship
.
174 civil judgment key words: selected judgment opinions on guaranteeing intentional commitment in the letter of commitment: on the issue that Zhang Zhicheng of northern company shall bear joint and several payment liability for the arrears involved in the case
.
Our company promises to your company that our company will be responsible for the creditor’s rights and debts, safety, quality, construction period, accidental injury, labor disputes, workers’ petition and other responsibilities (including economic responsibilities) of the project arranged by our company for tianliku construction, Your company does not bear any responsibility..
.
According to the letter of commitment issued by Zhicheng company on December 19, 2013, North company claims that Zhicheng company shall be jointly and severally liable for the arrears of Tian liku
.
XIII
.
Although Nantong second construction company handed over the project involved to Jinxi company, an outsider of the case, and the contract between the two parties is invalid, under the condition that the project has been delivered and quanyun village company has not raised any objection and allowed to continue construction, quanyun village company, as the employer, will not be affected to pay the project payment to Nantong second construction company for the project involved
.
2 construction company as the bid winner of the project
.
Shenyang intermediate people’s Court of Liaoning Province (2021) Liao 01 min Zhong No
.
2 construction company, and determined Nantong No
.
11371 civil judgment key words: selection of judgment opinions on the actual construction project payment of the construction contract: for the project involved, quanyun village company issued the letter of acceptance to Nantong No
.
Therefore, the court does not support the appellant’s claim.
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Therefore, the Appellant had insufficient basis for claiming liquidated damages for overdue completion, and the judgment of the court of first instance was not improper
.
The people’s court accepts civil actions brought by citizens, legal persons, other organizations and between them for property and personal relations
.
Issuing and delivering invoice is a legal civil obligation with property attribute
.
At present, the warranty period has not expired
.
Case source: China judicial document network 8
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The identity of the three people was recognized by the appellant, However, it is claimed that the three have left their posts, so the authenticity of their signatures cannot be verified
.
The appellee has completed the repair of defects and extended the warranty period until November 5, 2026
.
From the content of the letter of commitment (excerpt from the letter of commitment from the judgment of the second instance):..
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and Huang Dawei that this case does not belong to the scope of the people’s court and does not meet the conditions for issuing invoices
.
Liaoning Provincial Higher People’s Court (2021) liaominshen No
.
and Huang Dawei should issue invoices for Beizhen warm spring biomass thermal power Co., Ltd
.
Xi
and Huang Dawei should issue an invoice for Beizhen Wenchun biomass thermal power Co., Ltd, Therefore, the court will not support the appeal of Shenyang hongfude Construction Engineering Co., Ltd
.
