One, case index
Highest courtyard " Hubei is complete continent limited company of engineering of Yang Zijiang construction and Beijing Bi Sheng get culture art to develop limited company to build dispute of engineering construction contract to apply for rehear civil ruling book " , record date (2015) civilian explain word the 994th, presiding judge Xin Zhengyu, juridical date two years on May 5.
2, brief introduction of details of a case
Bi Sheng of square Beijing of bag of hair of case experience project gets culture art to expand limited company (Bi Sheng of the following abbreviation gets a company) , construction square Hubei is complete continent Yang Zijiang builds engineering limited company.
Labour of unfinished of case experience project did not check and accept midway end an agreement, construction is sued pay a project the money, first trial entrusts appraisal to decide project cost sentences your hair bag to just pay. Problem of quality of existence of project of experience of case of hair bag square view comes contradictory, but did not offer preliminary evidence to back contradictory opinion, if other case of problem of quality of existence of case experience project is solved,first trial thinks.
Hair bag just refuses to obey apply for rehear to highest courtyard.
The focus of controversy: Project unfinished labour did not check and accept midway end an agreement, obligation of whether eligible quote is delivering project quality is the bag still just construction square?
3, summary of highest courtyard judgment
Whether is this case put in cognizance fact not clear problem. Bi Sheng gets a company to be opposite in applying for review process the case experience with firm conclusion of appraisal of first trial basis Yang Zijiang company is complete already Cheng cost amount, and the effectiveness of contract of case experience construction not demur. " top people court builds case of dispute of engineering construction contract about cognizance applicable law the explanation of a certain number of problems " the 16th the 3rd section provision, contract of construction project construction is active, but complete of construction project classics is checked and accept unqualified, project cost settle accounts consults this explanation sets processing the 3rd times. This case fact makes clear, case experience builds a project and unfinished is versed in, yi Wei passes complete to check and accept, bilateral party all agrees to remove relevant contract. Here the circumstance falls, if think Yang Zijiang company is complete already,Bi Sheng gets a company problem of partial existence quality, ought to provide the preliminary evidence that supports its counterplea opinion, but its were not in one, the evidence such as this is submitted in 2 careful process. Build project qualification and not be equal to a project to won't exist quality flaw. 2 careful court is maintained, although the project cost appraisal of experience case is not engineering judgment, but have abecedarian criterion value to problem of quality of experience proposal project, show without evidence experience proposal project exists now " foundation foundation project and main body structure " the quality problem of the respect. Bi Sheng gets a company to refer any prooves to this academy in the Yi Wei in applying for review process 2 careful court the evidence of afore-mentioned cognizance existence mistakes. 2 careful court has been maintained " the quality flaw that whether is put in project of blame foundation foundation and respect of main body structure about quality of experience proposal project, bi Sheng gets a company to be able to appeal to additionally guarantee matters concerned " . Not only such, the project quality that if Bi Sheng gets a company to in the future new evidence proves part of construction of Yang Zijiang company is mixed in foundation foundation project respect of main body structure also is put in unqualified problem, its also have right basis law to concern a regulation to hold the right to Yang Zijiang company. Accordingly, bi Sheng gets a company to advocate first trial court is evasive of this case foundation fact examine cause the problem with not clear fact of this case existence foundation, manage occupies inadequacy.
4, enlightenment and summary
Project unfinished labour did not check and accept midway end an agreement, the preliminary evidence that sends a bag to just should offer project quality issue will prop up its counterplea opinion, the court is based on hair bag to apply for just to be able to start engineering judgment. Be aimed at sodden end project, our ten million cannot use the customary thinking of project management, think Fang Youyi Wu proves construction project quality is eligible, unqualified need not pay a project the money.
The picture comes from a network (the friend encircles) , graph article offers communication study only, if involve authority to belong to, inform oneself delete please:
