In view of the need to understand the application of the new law after its promulgation, lawyer Yang, combined with his years of practical experience in construction project legal services, deeply studied the difficult problems of judicial application of construction project cases, and made a comprehensive and in-depth interpretation of the articles of the new judicial interpretation in combination with academic theories and typical cases, in order to meet the business needs of teachers and friends in front of the screen.
Since the promulgation of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract disputes (I), we have reached an agreement with lawyer Yang on the publication of the book judicial interpretation of new construction contract of the Supreme People’s Court (I) illustration 45 lecture.
Won the title of “the most recommended 60 Chinese engineering legal professional lawyers” in ENR / construction times in 2019, once worked in a large state-owned construction engineering company (central enterprise), and now serves as perennial legal counsel for many real estate development and construction enterprises.
It not only has reference value for academic research, but also has guiding significance for the practical operation of construction project lawyers It can be seen that the general logic diagram of the judicial interpretation of the construction contract of the construction project (I) – the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over the construction contract of the construction project (I) (hereinafter referred to as the new judicial interpretation of the construction contract of the construction project (I)) was issued on December 29, 2020 and will come into force on January 1, 2021.
The actually performed contract is difficult to determine, and the parties request to refer to the agreement on the project price in the last signed contract The people’s court shall support those who compensate the contractor at a discount.
Article 26 stipulates: “if the parties have agreed on the calculation and payment standard of interest on the unpaid project price, they shall be dealt with according to the agreement.
The new judicial interpretation of construction contract (I) only inherits the three invalid forms of the original judicial interpretation of construction project and deletes the original The judicial interpretation of construction projects stipulates that “according to Article 134 of the general principles of the civil law, the illegal income obtained by the parties shall be confiscated”.
Because the general principles of the civil law has been abolished, and there are very few cases in judicial practice that the illegal income of the parties shall be confiscated due to the invalidity of the contract, this clause belongs to the dormant clause, so this article is also deleted from the civil code Article 24 of judicial interpretation of construction contract of construction project (I) stipulates: “Several construction contracts concluded by the parties for the same construction project are invalid, but the quality of the construction project is qualified.
It shall be calculated from the date when the Contractor shall pay the construction project price..
Since August 20, 2019, the people’s Bank of China has authorized the national interbank lending center to publish the quoted interest rate of the loan market regularly, so the basic standard of the loan interest is changed to the loan market report published by the national interbank lending center Price interest rate.
Just 25 articles have been extended to 300000 words.
The following is the book purchase link: Sun Wei Li Qi’s preface to the recommendation law article interpretation of the original thought map provisions practical difficulties operation key points practical case judgment gist relevant provisions guide 45 thought maps in seven plates to explain the judicial interpretation of construction contract of construction project in detail (I) The book has the characteristics of both professionalism and practicality.
The thought map inserted with the book peels the cocoon of the complex legal relations in the articles, making the indifferent words fresh, and readers can quickly and intuitively grasp the legal relations involved in the articles; The analysis of classic referee cases aims to comprehensively explain the current situation of the application of law, which is a central blood and can be seen on the paper; Select the judicial gist of thousands of cases and present them in tabular form with clear comparison; Just open the “key points of operation” section of the chapter to find the exact operation methods of risk prevention and control and the protection methods of legitimate rights and interests.
All the contents that have been absorbed in the civil code will not be repeated in the new interpretation The inconsistent contents shall be deleted; the new judicial interpretation of construction contract (I) will not deal with the new problems or controversial problems in judicial practice for the time being and will be left for future research and treatment.
Please take the paper book as the standard.
The new judicial interpretation of the construction contract of construction project (I) Article 41 stipulates: “the Contractor shall exercise the right of priority to be paid for the construction project price within a reasonable period, but the maximum period shall not exceed 18 months.
If one party requests to compensate the Contractor by referring to the agreement on the project price in the actually performed contract, the people’s court shall support it.
If there is no agreement, the interest shall be calculated according to the interest rate of similar loans in the same period or the market quotation interest rate of loans in the same period.” the new judicial interpretation of construction contract of construction project （1） The judicial interpretation of construction projects (II) is deleted, except that the employer of the decoration project is not the owner of the building, and the content that the decoration project meets the conditions of discount or auction is added This shows that the existing judicial interpretation has made it clear that whether the contractor of the decoration project enjoys the priority of compensation is not limited by the condition whether the employer is the owner of the decoration project.
Now more emphasis is placed on the practical feasibility, that is, “the decoration project has discount or auction conditions”.
The excerpt version is incomplete.
It is true that disputes involving construction projects are complex and complicated, but we firmly believe that the book can provide guidance for construction project lawyers to effectively reduce legal risks in practice, and can also empower the handling of construction contract disputes.
Master of international law, master of engineering management, first-class constructor, Royal chartered constructor, national construction project cost controller, senior engineering legal consultant, arbitrator, mediator of Legal Service Committee of China Construction Industry Association, member of permanent observation Committee of China construction project legal forum, 8th and 10th of permanent China construction project legal forum Member of the 16th working group, member of the expert committee of “online service of engineering construction laws and regulations”, the “specially invited lawyer mediator” in Pudong New Area, and the people’s mediation trainer in Pudong New Area.
The thinking map and operation should be common and easy to understand.
It can be seen that the author has solid professional skills and rich practical experience.
Editor’s notes + first acquaintance with lawyer Yang Tangquan is attracted by the clear thinking map, detailed applicable guidelines and classic case analysis under each article in the book.
“Judicial interpretation of new construction contract of the Supreme People’s Court (I) illustration 45 lecture” lawyer Yang Tangquan • Yang Tangquan, member of the construction engineering and infrastructure business research committee of Shanghai Lawyers Association; Lawyer, senior partner and director of construction engineering and real estate committee of Shanghai Hansheng law firm.
The new judicial interpretation of construction contract (I) is based on the original interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contract of construction project (hereinafter referred to as the original judicial interpretation of construction project) and the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contract of construction project (II) (hereinafter referred to as the judicial interpretation of construction project) The basic idea of cleaning up and compiling is based on the civil code.
It makes an in-depth exploration on the interpretation of articles and practical difficulties.
The new judicial interpretation of construction contract of construction project (I) has also made corresponding amendments.
“Compared with the judicial interpretation of construction projects (II), the change is from” settlement of construction project price with reference to the actually performed contract “to” compensation for the agreed discount of project price with reference to the actually performed contract ” It shows that it is necessary to consider the fault degree, fault size and other factors of the employer and the contractor, which is more fair for the protection of the interests of the employer and the contractor.
