The construction units can have clear litigation claims in litigation, so as to get the support of the court, Therefore, the construction unit shall not be liable for compensation due to lack of relevant materials in litigation.
After the completion of the project, both parties had a dispute over the project payment.
At this time, can the construction unit sue the construction unit for this reason? [typical case] developer company a contracted out a residential project to construction unit company B for construction.
company a was told to the court on the basis of company B, One of the demands is to require company B to provide all the materials submitted by the construction unit for handling the house property right certificate, which shall be supported in the first instance.
Case analysis: in practice, the constructor is often unable to provide construction materials for various reasons, resulting in the construction unit having no way to handle the house property right certificate.
If there is infringement, please contact to delete!)..
However, in practice, the construction unit is often unable to provide construction materials for various reasons, resulting in the construction unit having no way to handle the house property right certificate.
[excerpt from the Internet, please contact to delete if there is infringement] generally, when the loan is due, if the debtor cannot repay in full, then the creditor will know that when the construction unit handles the house property right certificate, It is often necessary for the construction unit to submit relevant materials to prove that the construction procedure is legal and the quality has passed the inspection.
Company B did not submit relevant construction materials to company A.
The construction materials to be provided by the construction party agreed in the construction contract of the construction project are specific objects, not types.
Therefore, it is hereby reminded that when performing the construction project contract, the construction units must establish and improve the file system, improve the integrity of the traces of the participating projects, and establish relevant file accounts.
(the picture and text come from the network.
In this case, the claim of company a is to require company B to provide all the materials submitted by the construction unit for handling the house property right certificate.
Therefore, the construction unit often solves it through litigation.
Of course, the construction unit can also directly agree in the construction contract that if the construction party fails to submit or delays in submitting relevant construction materials, it will file a lawsuit for breach of contract or damage compensation, so as to reduce the loss.
The construction contract involved in the case did not make a clear agreement on what construction materials the construction party needs to submit after the completion of the project involved, and company a did not provide relevant evidence to prove what construction materials have been formed in the construction process of the project involved, If company a puts forward this claim when the project involved has not gone through the completion acceptance procedures, it shall be deemed that the claim is unclear, its lawsuit does not meet the conditions specified by the above court, the original trial improperly tried the entity of the case, the second trial shall correct it according to law, rule to revoke the original judgment and reject the lawsuit.
After examination, the second instance held that Article 119 of the Civil Procedure Law of the people’s Republic of China stipulates that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; （2） There is a clear defendant; （3） There are specific claims, facts and reasons; （4） It belongs to the scope of civil litigation accepted by the people’s court and under the jurisdiction of the people’s court against which the lawsuit is filed.
However, due to the large number and complex types of construction materials, the litigation claims of litigation units are often summarized only with “relevant materials” and “all materials”, and the specific details are often not submitted in the court trial, which makes it difficult to fully express the main text of the judgment, and such objects are specific objects and difficult to implement, so the second instance is rejected.
