Whether the cause of claim, claim loss and limitation of claim are established, and who shall determine it? A: it is determined by the referee according to article 5.8.1 of the code for appraisal of construction project cost.
One view is that it can, such as Wanda real estate in Pucheng County Civil ruling on Retrial review and trial supervision of construction contract disputes of construction projects of Co., Ltd.
(2020) supreme law Minzhong No.
For example, in the civil ruling on Retrial review and trial supervision of construction contract disputes of Quanzhou Chongwu banyuewan resort development and Construction Co., Ltd.
4.
So far, when both parties have not reached an agreement on the project settlement price, Yilong company, as the actual constructor, bears the burden of proof for the project price it claims.
After investigation, Dingli company obtained the qualification of project cost evaluation issued by Xiamen development and Reform Commission, and there was no clear provision in laws and administrative regulations that only Dingli company obtained the qualification of project cost consulting enterprise Only with professional qualification can we engage in project cost evaluation, so it is not improper for the court of first and second instance to recognize the project cost evaluation qualification of Dingli company.
Is the appraisal opinion of course invalid? Answer: No, of course invalid.
For example, in the civil judgment on Retrial of disputes over construction contracts of Yunnan Wenrong Construction Engineering Co., Ltd.
This is the most read volume in dozens of articles published by WeChat public number Haitang brother brother.
((2019) supreme law min Shen No.
If the employer deletes the project in the contract due to the employer, and the Contractor proposes that the employer should give reasonable expenses and expected profits, who shall determine whether the deletion is true? A: it is determined by the referee according to article 5.8.5 of the code for appraisal of construction project cost.
360), the Supreme People’s court held that although Article 12 of the interpretation of the Supreme People’s Court on Legal issues applicable to the trial of disputes over construction contracts of construction projects (II) stipulates, If the parties have reached an agreement on the settlement of the construction project price before the litigation, and one party applies for appraisal of the project cost in the litigation, the people’s court shall not allow it.
4906), the Supreme People’s court held that the court of first instance found that the days of overdue completion could be determined by the court according to the facts of the case, so it did not require the appraisal institution to issue an appraisal opinion on this issue, It does not violate the law.
If the employer does not approve the review report on the project budget, does it need to determine the project cost through judicial appraisal? A: Yes.
and Guizhou Xingui Real Estate Development Co., Ltd.
1131), the Supreme People’s court held that the civil judgment of second instance was issued by the Ministry of housing and urban rural development of the people’s Republic of China on August 31, 2017 and implemented on March 1, 2018 The specification for cost appraisal of construction projects clearly lists the appraisal of cost claim disputes, which can be used to judge the appraisal opinion of this case The shutdown loss, project arrears interest and default metal in the scope of appraisal are included in the scope of project cost appraisal.
((2020) Supreme People’s court No.
For example, civil judgment on Retrial of construction contract disputes of Yunnan Wenrong Construction Engineering Co., Ltd.
For example, in the civil judgment of second instance on construction contract disputes between Guizhou Construction Engineering Group No.
However, the start of the appraisal procedure in this case was agreed by both parties, so it was not improper for the court of first instance to start the appraisal procedure without accepting the settlement statement.
After investigation, according to the content of the budget (decision) review report, the review report is the review of the project budget involved by Jiashida cost company according to the notice requirements of the Department of finance of Inner Mongolia Autonomous Region.
6.
Yilong company can file a lawsuit after there is sufficient and effective evidence to prove the amount of the project price.
The reading volume of the article is close to 8000.
2.
and Jinghong Lifeng Real Estate Development Co., Ltd.
Markingwork02 appraisal qualification question 8.
9.
In view of this, in addition to the 30 questions, the author will share 25 questions involved in the judicial appraisal of construction contract disputes.
Who will determine the responsibility for construction delay? A: it is determined by the referee according to article 5.7.6 of the code for appraisal of construction project cost.
7.
and Guyang County People’s Government ((2020) supreme law min Shen No.
5.
If there is a settlement statement and both the employer and the contractor agree to judicial expertise, can the referee (court or arbitration institution) start judicial expertise? A: Yes.
1、 In the second instance, both Guyang county government and Guyang County Transportation Bureau argued that the budget (final) evaluation report was the follow-up audit of the use of state-owned funds by the Department of finance of Inner Mongolia Autonomous Region and could not be used as the basis for the settlement of projects involved in the case.
There is no loss of the right to recover the project price.
If the number of days of overdue completion can be determined by the judge according to the facts of the case, does it need to start judicial expertise? A: No.
The above fully shows that judicial expertise is the main problem in construction contract disputes, so it is necessary for relevant practitioners to have a more in-depth and detailed understanding in order to have a definite goal.
and Jinghong Lifeng Real Estate Development Co., Ltd.
3.
Interpretation of supreme law enterprise worksummary2021.08.01 [gist of judgment] Based on 1769 judgment documents of construction contract dispute cases tried by the Supreme People’s court, the author combs 234 judgment rules, including 28 judicial expertise; Official account of official account for construction contract dispute was published in the WeChat public No.
((2020) Supreme faminzai No.
If the appraisal institution has obtained the qualification of project cost appraisal, but has not obtained the qualification of project cost consulting enterprise, should it be recognized that the appraisal institution has the corresponding qualification? A: it is controversial.
Whether markingwork01 needs judicial expertise 1.
Only one appraiser has the qualification of registered cost engineer.
Whether the project arrears interest and liquidated damages belong to the scope of project cost appraisal? A: Yes.
30 in March 24, 2021.
360) The Supreme People’s court held that although among the three appraisers in this case, only Huang 3 has the qualification of registered cost engineer and the other two are not registered cost engineers, there is no clear law and regulation that the number of judicial appraisers must be more than three and all must have the qualification of registered cost engineer, otherwise the appraisal opinion is invalid..
Therefore, the employer does not recognize the approval report as the project cost settlement, which has a factual basis.
Another view is that it is not possible, such as the guiding opinions on the application of law in the trial of construction contract dispute cases of construction projects (II) (discussed and adopted at the 32nd meeting of the civil execution Professional Committee of the judicial committee of Anhui Higher People’s Court on December 23, 2013) Article 20 stipulates that when the people’s court entrusts the project cost appraisal, it shall select an appraisal institution with the project cost qualification certificate issued by the competent construction administrative department.
5266), the Supreme People’s court held that in this case, Yilong company took the budget (judgment) Review Report issued by Jiashida cost company as the basis As evidence, the project price involved in the total project price determination case reviewed with this review report is requested.
For example, in the civil ruling on Retrial review and trial supervision of construction contract disputes of Inner Mongolia Yilong Industrial Co., Ltd.
After the interpretation of the court of first instance, Yilong company withdrew its application for appraisal, and the original judgment found that the evidence for filing the lawsuit was not sufficient and there was nothing wrong.
(2019) supreme law min Shen No.
10 Construction Engineering Co., Ltd.
6461) The Supreme People’s Court of the people’s Republic of China held that both Pucheng Wanda company proposed in the first and second instance that Dingli company did not obtain the qualification of project cost consulting enterprise and did not have the qualification of project cost evaluation involved in the case.
The review purpose, review basis, review methods and procedures are different from the audit or appraisal of project cost.
