Recently, Yiyuan County Court gave full play to the professional knowledge and skills of specially invited mediators in the field of construction projects and properly resolved the case of construction contract dispute between plaintiff Li and defendant a garden development Co., Ltd.
After a lot of communication and coordination work, the differences between the two sides were reduced and the understanding tended to be consistent.
In 2016, the plaintiff Li contracted the landscape project of “thumb Park” in the urban area of Yiyuan County and some of the public toilet reconstruction and upgrading projects won by the defendant a garden development Co., Ltd.
After repeated evaluation, appraisal and negotiation, the plaintiff failed to reach a settlement agreement, and the plaintiff filed a lawsuit.
At present, the defendant has taken the initiative to complete the performance.
Finally, the plaintiff and the defendant reached a mediation agreement: the defendant a garden Co., Ltd.
As the settlement of the construction project involves many engineering professional issues, the judge in charge introduced the Dispute Review Mechanism and invited Wu Shuzhong, a specially invited mediator (and people’s juror) with professional knowledge of project settlement, to participate in the case handling.
Before the lawsuit, Yiyuan court entrusted an appraisal institution to appraise the value of the project funds, but there was still a great dispute between the plaintiff and the defendant over the charging method in the appraisal report issued by the appraisal institution.
“It’s a good practice for the court to handle cases not only with the help of warm and law-abiding judges, but also with the help of construction engineering experts!” Both parties said with praise.
From Yiyuan people’s court..
The proper handling of the case fully reflects the good unity of legal effect and social effect, fully proves the importance of introducing industry technical experts into mediation or jury for professional and technical disputes, and effectively improves the professionalism and credibility of the trial work.
After Wu Shuzhong participated in the trial of the case, he successively organized the plaintiff and the defendant to check the price of construction materials, explain the charging standard and charging method, especially explained the professional knowledge in the appraisal report to the parties in detail, and went to the construction site with both parties in the rain and snow for inspection and inspection.
After the completion of the construction, the plaintiff and the defendant did not sign a written contract, resulting in a dispute between the plaintiff and the defendant on how to settle the project funds.
Next, Yiyuan court will continue to practice the new mode of diversified settlement of construction project disputes “integration of evaluation, investigation and Adjudication”, and promote the diversified resolution of disputes in the field of construction projects and the governance of litigation sources.
In order to conscientiously implement the spirit of the “working measures for the integration of evaluation, investigation and Adjudication” of disputes in the field of construction projects issued by Shandong Higher People’s court and the document “Regulations on the administration of judicial technical experts in construction projects (cost) in Zibo City (for Trial Implementation)” jointly issued by Zibo intermediate people’s court, housing and Urban Rural Development Bureau and construction project bidding and standard cost Association, Boost the industry associations to actively participate in the settlement of cost disputes by taking advantage of the professional advantages in the field of construction engineering.
paid the plaintiff Li 340784.02 yuan for the project.
