In addition, due to the disturbance caused by the relocated households, the project involved was suspended from March 15 to April 7, 2015 and then resumed work.
Since Guogou management company did not file a counterclaim in the first instance, this case should not be handled.
Basic case on November 19, 2014, Fuhuang steel structure company (Party A) and Guogou management company (Party B) signed a construction contract for the steel structure project of daylighting roof and sightseeing elevator of commercial street in Block B of Huaibei Guogou Plaza (hereinafter referred to as the construction contract), The agreed project content is the general project decoration in the construction drawings of steel structure daylighting roof and photoelectric ladder of commercial street in Block B of Huaibei Guogou Plaza designed by Shanghai Kaiyi Architectural Design Co., Ltd.
2.
The contractor claims the project payment from the employer.
The overall situation is as follows: II.
The contractor could be tried in combination.
The price of this part of the project was 35000 yuan.
On November 16, 2015, Guogou management company sent a letter to Fuhuang steel structure company, saying that its engineers found that the roof slab of the project involved did not comply with the fire risk and production category of the building in the unified description of the design drawings, the fire resistance rating was “I”, and the main building materials and building required fire protection design, The roof slab and load-bearing components of the steel shed shall meet the requirements of code for fire protection design of buildings, etc.
From February 16, 2015 to February 6, 2016, Guogou management company paid a total of RMB 2.05 million to Fuhuang steel structure company, and no further payment was made thereafter.
In July 31, 2020, the Supreme People’s Court issued the guidance on the search for unified legal application and strengthening the case retrieval (Trial Implementation).
Only follow the law of three feet and rope people all over the world ProducedbyJiangCheng A temperature official account No.
4.
Disputes in the case.
Basic information: Anhui Huaibei intermediate people’s Court on the construction contract dispute between Huaibei Guogou commercial operation management Co., Ltd.
to dismantle and transform the above roof, and refused to pay the remaining project payment to Fuhuang steel structure company.
At the same time, based on the consideration of litigation efficiency and convenience of the parties, the court can combine the counterclaims filed by the employer.
Fuhuang steel structure company replied that the daylighting board purchased by it met the requirements of the maintenance system material list in the unified description of the design drawings.
Therefore, the state purchase management company entrusted the third party Hefei Shengcheng construction and installation Co., Ltd.
1、 Retrieval background and situation analysis 41 judgment documents before March 21, 2019 were retrieved through alpha case database, including: (1) 19 cases that the employer considered that the quality was unqualified and filed counterclaims; (2) There are 12 cases in which the employer considers that the quality is unqualified and puts forward counterclaims, which are not tried jointly by the court, and can be prosecuted separately; (3) There were 10 cases in which the employer did not file a counterclaim and the defense of unqualified quality was not supported.
It is one of the well-known large law firms inside and outside the province..
3、 Reference case 1.
The importance of case retrieval has been pushed to the legal person again.
provided by Party A, including the procurement, production, installation, acceptance, warranty and defect liability period of all relevant materials and projects such as steel structure foundation.
and Anhui Fuhuang Steel Structure Co., Ltd., case No.
76.
If Guogou management company insists that Fuhuang steel structure company has construction quality problems, A separate lawsuit may be filed for settlement.
On December 16, 2016, Fuhuang steel structure company prepared the final account of steel structure project of Huaibei Guogou Plaza and sent it to Guogou management company on March 11, 2017.
Jiangsu Jiangcheng Jiangsu Jiangcheng law firm, established in February 1995, is a large comprehensive and partnership law firm approved by Jiangsu Provincial Department of justice and established in accordance with the lawyer law.
Headquartered in Zhenjiang, Jiangsu Province, it has nearly 100 practicing lawyers, and has set up five branches in Tianjin, Nanjing, Jiangyin, Zhenjiang New Area and Zhenjiang Danyang respectively.
3.
If the employer claims that the payment terms have not been achieved or requests to reduce the project price on the grounds of project quality problems, it shall be regarded as a defense without filing a counterclaim; If the employer requests the contractor to bear the liability for breach of contract on the grounds of project quality problems, it shall file a counterclaim.
During the construction process, from October 4 to November 4, 2015, Guogou management company increased some quantities outside the original contract.
On January 13, 2015, Fuhuang steel structure company and Guogou management company signed a supplementary agreement on the above construction contract, which agreed that Fuhuang steel structure company would construct the new project of Guogou management company, namely the steel structure daylighting roof of building h and steel structure canopy of building l of Huaibei Guogou Plaza, with an area of about 335m2.
(2018) Wan 06 min Zhong No.
Fuhuang steel structure company issued an economic visa approval form to Guogou management company, which was confirmed by Guogou management company.
Later, the state purchase management company sent a letter to Fuhuang steel structure company on the grounds that the fire control acceptance of the project involved was unqualified, requiring it to rectify the project involved.
Rule description this judgment rule is to clarify whether the employer can file a counterclaim on the ground that the project quality does not comply with the contract or legal provisions.
Huaibei Guogou Plaza was opened on October 1, 2016 and the project involved was put into use.
Gist of the judgment: in the construction contract dispute case of the construction project filed by the contractor, if the employer requires the contractor to pay liquidated damages or compensate for the reasonable expenses of repair, rework or reconstruction on the ground that the project quality does not meet the provisions of the contract, it shall be informed to file a counterclaim or file a separate lawsuit for settlement.
In this case, Guogou management company believed that Fuhuang steel structure company failed to construct in accordance with the contract and construction drawings, resulting in the failure of one-time completion acceptance of the project involved in the case, and required Fuhuang steel structure company to rectify, but Fuhuang steel structure company failed to rectify, and Guogou management company entrusted a third party to re construct and passed the fire acceptance, Fuhuang steel structure company shall be liable for compensation for losses and other liabilities for breach of contract, which belongs to the situation that the employer requires the contractor to pay liquidated damages, reasonable expenses for reconstruction and other losses on the ground that the project quality does not comply with the contract.
After the above two contracts are signed, Fuhuang steel structure company will prepare materials and enter the site for construction after being confirmed by Guogou management company.
The employer claims that there are quality problems and corresponding liabilities for breach of contract in the project involved, and how to deal with them..
seventeen: after the contractor filed this suit, the employer would initiate a counterclaim on the grounds that the quality of the project did not meet the contractual stipulate or the legal provisions.
4、 Article 16 in the construction contract dispute cases filed by the contractor, the employer shall pay liquidated damages or compensate the contractor for repair, rework If a counterclaim is filed against the reasonable expenses and other losses of the reconstruction, the people’s court may try it jointly.
To this end, the real estate, finance, securities and Insurance Business Committee of the Institute of construction industry has launched a special issue of case rules based on alpha platform to share and learn the case rules of the business involved by the Committee.
Article 140 of the civil procedure law, if the plaintiff adds claims, the defendant files counterclaims, and the third party files claims related to the case, they can be tried together.
