Build the cognizance of effectiveness of engineering construction contract
1, how is the effectiveness of the construction contract that did not obtain construction to examine and approve formalities maintained?
The person that send a package has not obtain construction to use the administration such as licence of program of project of ground program licence, construction to examine and approve the project of formalities, the contract of construction project construction that signs with the contractor is invalid. But before controversy of first instance court is terminative the person that send a package obtains what examine and approve formalities to perhaps approve construction via be in charge of a branch accordingly, ought to hold a contract effective.
The person that send a package did not obtain those who build engineering construction permit, do not affect the effectiveness of construction contract.
2, " does top people court build case of dispute of engineering construction contract about cognizance the explanation of applicable law problem " (the following abbreviation " explanation " ) the first (2) of the regulation " the actual construction that there is aptitude?
Have one of following state, ought to maintain for " explanation " of the regulation " hang lean " behavior:
(1) the builds construction company name that does not have organization of the individual that is engaged in building seniority of mobile main body, partnership or enterprise to be engaged in in order to have building mobile seniority contracts to do a job project;
(2) the builds construction company name with the qualitative high order and degree of as a way of of building construction company with aptitude low rank contracts to do a job project;
(3) do not have construction to always contract the building construction company of aptitude always contracts with having construction the builds construction company name of aptitude contracts to do a job project;
(4) the building construction company that has aptitude contracts through nominal affiliation, collaboration, interior wait for other way to covert allow other to contract to do a job with the name of this enterprise project.
3, how to maintain whether to belong to must the construction project of invite public bidding?
" explain " the first (3) of the regulation " must undertake invite public bidding " the cognizance that builds a project ought to basis " invite public bidding of People's Republic of China bids law " the 3rd regulation, " invite public bidding of People's Republic of China bids the law carries out byelaw " with former state Committee for Development Planning " project project invite public bidding. Law, administrative regulations has new regulation, applicable its are new regulation.
4, how is the effectiveness of service subcontracting maintained?
Accord with following scenario at the same time, signs service subcontracting is effective:
(1) service work contractor obtains corresponding service to divide level of packet of enterprise aptitude grade;
(2) the limits of the exercise that distribute a packet is the service work in building a project (include carpentry, build by laying bricks or stones to build, plasterer, stone is made, paint, reinforcing steel bar, concrete, scaffold, pattern plate, solder, water gold of warm, Ban, wiring) ;
(3) contract means is reached to provide a service small-sized machines and tools and complementary makings.
Material of sex of the large machinery that the contract agrees service work contractor is in charge of be being concerned with the project, have enough to meet need is rented and main material, equipment purchases those who wait for content, do not belong to a service to distribute a packet.
5, the interior that how holds construction company contracts behavior?
The contractor that builds engineering construction contract contracts his all or partial project is handed in by its the branch of subordinate or in book the company worker individual such as project manager contracts construction, the contractor undertakes administrative to engineering construction process and quality, assume obligation of construction contract right external, belong to enterprise interior to contract behavior; Lack of contractor of ministry of less than of the person that send a package advocates construction contract is invalid for construction aptitude, do not grant to support.
6, how is the effectiveness that interior decoration of residence of contract of construction of house of low layer of small-sized construction project and farmer, family decorates a contract maintained?
Construction person signs a contract bear build small-sized construction project or two the following (contain two) farmer residence, perhaps undertake domestic residence interior decoration decorate, party lacks corresponding aptitude with construction person only for, advocate the contract is invalid, do not grant to support commonly. Disobey enterprise aptitude to manage a regulation to contract to do a job really to party of the project, can suggest concerned administration is in charge of a branch to give processing.
The contract is narrated to have an agreement to quality standard before, according to its agree, did not agree, according to normally standard or the specific standard that accord with contract purpose confirm. Party has other controversy, the photograph inside Shanghaiguan that in principle can consult to be solved originally allows processing.
2.
Decide and pay what build project cost
7, party already came to an agreement with respect to the settle accounts of project cost before lawsuit, one party requirement is new of settle accounts, if why be handled?
Party already came to an agreement with respect to the settle accounts of project cost before lawsuit, one party asks in lawsuit of new close an account, do not grant to support, but settle accounts agreement is maintained to be by court or arbitral orgnaization invalid or the except of cancel.
Contract of construction project construction is invalid, but project classics complete checks and accept qualification, party one party disables with construction contract for the requirement affirms settle accounts agreement is invalid, do not grant to support.
8, how is the effectiveness that contractor project manager fulfills the place in the process to use act in the contract maintained?
Construction contract performs a procedure in, project manager of the contractor signs on file of settle accounts report, visa with contractor name affirm, build project department rule or collection project money, accept the person that send a package to wait for behavior for material, in principle ought to be maintained see acting action for functionary action or watch, have sanction to the contractor, but the except that construction contract has an agreement additionally or the contractor has evidence to the proof just knows relatively or ought to know project manager to do not have dealership.
9, how is the effectiveness that visa of party staff member confirms maintained?
Party has the specific personnel that authority is measured to the project and the material such as change of palaver of money paid for something purchased or received for something sold has visa affirms to have definite agreement in construction contract, according to its agree, outside eliminating a legal representative, the visa that other personnel place makes affirms pair of party not to have sanction, but the except that relatively just reason believes this visa personnel has dealership; Unidentified without agreement or agreement, the visa that place of party staff member makes affirms be its job action, have sanction to this party, but the except that the member that this party has evidence to proof appearance opposite party knows or ought to know this visa person does not have dealership.
10, does personnel of project inspect manage sign on visa file how is affirmed effectiveness maintained?
The visa file that personnel of project inspect manage affirms in word of be the lucky number of inspect manage process, involve the fact such as project amount, time limit for a project and project quality, in principle has sanction to sending packet of person, involve the economy such as change of project cost palaver decision-making, in principle does not have sanction to sending packet of person, but the except that construction contract has an agreement additionally to the accredit of inspect manage personnel.
11, in securing total prices contract to fulfill, party asks to give to project cost because of change of project happening design those who adjust, if why be handled?
Contract of construction project construction agrees project cost executes settle accounts of fixed total prices, in performing a procedure actually, because project happening designs the reason such as change to bring about actual project to estimate increase and decrease, party requirement gives to project cost adjust, ought to master strictly, the contract adjusts those who have an agreement to project cost, according to its agree; Unidentified without agreement or agreement, can consult contract agreement standard measures part of increase and decrease to give to the project separate close an account, cannot consult of conventional standard settle accounts, can consult the valuation method that uses building site to build administration to be in charge of a branch to release or rate-making standard settle accounts.
The fact such as the reason that the party that advocates project cost is adjusted ought to agree to the contract the specific limits of construction, actual project estimates increase and decrease, amount assumes quote responsibility.
12, in securing price contract to perform a procedure, price of main housing materials produces major change, party requirement gives to project cost adjust, if why be handled?
Contract of construction project construction agrees project cost executes fixed price settle accounts, in performing a procedure actually, the value of greater to project cost influence main housing materials such as rolled steel, lumber, cement, concrete produces major change, exceeded the range of normal market risk, the contract changes to building materials price risk burden has an agreement, its agreement handles in principle according to; Unidentified without agreement or agreement, this party asks to adjust project cost, can mix in market risk limits take into consideration the circumstances gives besides extent support; Specific amount can entrust appraisal orgnaization to consult branch of director of administration of construction ground construction confirms about treating the opinion of problem of building materials price difference.
Because of one party party the reason causes incur loss through delay of time limit for a project or housing materials supplies time incur loss through delay, the money of project of part of building materials price difference during this, just grant by fault in order to assume.
13, in securing total prices contract to fulfill, the contractor is half-baked of engineering construction, how does project cost decide?
Contract of construction project construction agrees project cost executes settle accounts of fixed total prices, the contractor is half-baked engineering construction, its ask the person that send a package pays a project the money, via examining a contractor already the project quality of construction is eligible, can use " in proportion convert " means, part below corresponding and same standard extraction cost by appraisal orgnaization namely the total cost of the cost that computation gives share of finishing already Cheng and project of whole contract agreement, both and comparative computation gives corresponding coefficient, the fixed price that the contract agrees multiplies reoccupy to decide money of project of payable of the person that send a package with this coefficient.
Party measures existence controversy with respect to the project of finishing already Cheng, ought to be in according to both sides remove a conference summary that when having sex, signs, hand over the file such as material of record and inspect manage material, follow-up construction to confirm; Cannot decide, should remove according to the project fail to deal with when field have sex reach a project to fail the element such as complete account is reasonable assign quote responsibility.
14, contractor basis " explanation " the 20th regulation asks according to cost of project of settle accounts of file of complete settle accounts, if why be handled?
It is certain that contract of construction project construction agrees the person that send a package should be after the document of complete settle accounts that obtains a contractor to refer give inside deadline answer, dan Weiming agrees exceed the time limit does not reply truly regard as namely approve document of complete settle accounts, contractor basis " explanation " the 20th regulation asks according to cost of project of settle accounts of file of complete settle accounts, do not grant to support.
Contract of construction project construction did not make definite agreement to this, contractor only with building a department formerly " bag of hair of construction project construction and contract valuation government measure " the 16th regulation, or " contract of construction project construction (demonstrative text) " (GF-1999-0201) the 33.3rd agreement is current provision according to, requirement according to cost of project of settle accounts of file of complete settle accounts, do not grant to support.
15, " black and white contract " in how cost of settle accounts project?
Regulation of law, administrative regulations must have the construction project of invite public bidding, perhaps did not set the construction project that must have invite public bidding, but bid through invite public bidding the program undertook putting on record lawfully, the construction contract that party fulfils actually wins the bid with what put on record contract materiality content is abhorrent, ought to win the bid with what put on record the basis that the contract regards settle accounts project as money paid for something purchased or received for something sold.
Regulation of law, administrative regulations is not the construction project that must have invite public bidding, also did not undertake actually enrolling bidding lawfully, the contract of construction project construction that party will sign built administration department to undertake putting on record in place, the contract that put on record and the contract materiality content that fulfill actually are abhorrent, the contract that ought to fulfil actually with party regards settle accounts project as the basis of money paid for something purchased or received for something sold.
Put on record win the bid the construction contract that contract and party fulfil actually all because of lawbreaking, administrative regulations mandatory the regulation is maintained those who disable to be, can consult the cost of project of contract settle accounts that party fulfills actually.
16, " black and white contract " in how to maintain materiality content change?
Enrol standard of time limit for a project of means of the modificatory project cost that bids both sides is signed separately below same project scope, valuation, construction, quality to wait win the bid the agreement of the result, ought to maintain for " explanation " the materiality content change of the 21st regulation. Win the bid the person makes buy with value of market of apparent prep above bear build house property, free to build establishment of housing form a complete set, yield benefit, wait for acceptance to construction square contribution, also should maintain win the bid for change the materiality content of the contract.
Put on record win the bid the contract performs a procedure actually in, because the project designs change, program to adjust wait for objective reason to bring about a project to measure standard of increase and decrease, quality or construction time limit for a project to produce change, party signs the written document such as summary of compensatory agreement, talk to winning the bid the materiality content of the contract undertakes modificatory mixing additional, attribute normal contract change, answer to regard right of certain interested parties as compulsory basis with afore-mentioned files.
17, how does the project cost in contract of construction of invalid construction project decide?
Contract of construction project construction is invalid, but project classics complete checks and accept qualification, party any one party basises " explanation " the 2nd regulation asks to consult contract agreement pays project convert into money to compensate a paragraph, should grant to support. Person of bag of contractor requirement hair presses interest rate of loan of the corresponding period of Chinese people bank to pay owe those who pay project money interest, should grant to support. The person that send a package disables with the contract for the place in asking to deduct project convert into money to compensate a paragraph contains gain, do not grant to support.
18, " explanation " in " actual construction person " how does limits decide?
" explain " medium " actual construction person " it is the contractor that points to contract of construction of invalid construction project, the contractor of the bag of professional project cent that breaks the law namely and service work subcontracting, turn the contractor, construction person that uses intelligence (hang rely on construction person) ; Construction project classics counts second subcontract, actual construction person ought to be final and real devoted fund, material and labor the civil main body such as partnership of business of the legal person that has engineering construction, illegal person, individual, labor contractor. Court ought to the cognizance standard of person of strict and actual construction, do not expand at will " explanation " the 26th the 2nd suitable scope. To be not being belonged to before the party that narrates limits wraps view of factitious the accused to owe those who pay a project the money with sending according to this regulation, ought to not grant to accept, had accepted, ought to rule reject sue.
Builder is recovered owe those who pay salary or service reward, according to the relevant law that salary pays, code the regulation is reached " Beijing is advanced people court defaults peasant worker pay about treating construction field quickly lawfully the opinion of relevant case " appropriate processing.
19, the view of actual construction person of illegal subcontracting, subcontract owes those who pay a project the money, how does litigant main body decide? How is the responsibility of the person that send a package assumed?
Apply a worker actually to be the accused in order to violate minute of bag person, subcontractor to ask to pay a project the money, the court must not add hair bag according to powers and authorities of office factitious corespondent; Apply a worker actually to ask in order to send packet of factitious the accused to pay a project the money, ought to increase illegal cent to wrap person or subcontractor to join suit as corespondent, the person that send a package is owed in its pay illegal cent hires a person or joint liability is assumed inside limits of subcontractor project money. The person that send a package was not owed with its pay what counterplea puts forward for project money, ought to assume quote responsibility to this.
20, do not have aptitude hang rely on construction person view to owe those who pay a project the money, if why be handled? Hang rely on a person to distinguish the project bag, subcontract to give other construction again, construction person view owes those who pay a project the money, if why be handled?
The actual construction person that does not have aptitude (hang rely on construction person) hang the building construction company that relies on to have aptitude (be hanged to rely on a person) , sign contract of construction project construction with the name of this enterprise, be hanged to rely on person idle at creditor's rights of view project money, hang rely on construction person to be able to sue a requirement to send packet of person to pay a project the money with him name, forensic in principle ought to be increased be hanged to rely on factitious litigant, the person that send a package is in owe pay a project the money assume inside limits pay duty. Because fulfill the liability that construction contract produces, be hanged to lean person and hang rely on construction person to ought to assume joint liability.
Hang rely on a person to contract to do a job after the project, give other construction with be being hanged to rely on person name to distinguish the project bag, subcontract, construction person view owes those who pay a project the money, according to " senior people court tries Beijing case of civilian trade issue of a certain number of problems those who solve " processing of the 47th regulation.
21, the project money that sends the view that hire a person to already wrapped its person, actual construction person to pay to lawful cent gives touch those who buckle, if why be handled?
The contractor asks according to contract of construction project construction the person that send a package pays a project the money, the project money that sends the view that hire a person to already wrapped its person, actual construction person to pay to lawful cent gives touch buckle, do not grant to support, but party has court decision of agreement, become effective, arbitral adjudication additionally to give the except that affirm or sends packet of person to evidence proves its have warrant to wrap person of person, actual construction to pay to lawful cent.
22, how is the effectiveness of the clause that after the agreement in subcontracting always wraps a person to receive the person that send a package to pay a project the money, pays to the person that distribute a packet again maintained?
The agreement in subcontracting waits for total package person and hair bag person to have close an account and after the person that send a package pays a project the money, total package person pays a project the money to the person that distribute a packet again, this agreement is significant. Because always hire a person protracted settle accounts or idle at exercise its expire creditor's rights causes the person that distribute a packet to cannot obtain project fund in time, requirement of the person that distribute a packet always wraps a person to pay owe those who pay a project the money, should grant to support. Total package person wraps the settle accounts circumstance between the person and the fact that the person that send a package pays a project the money to have quote responsibility to its and hair.
23, the person that send a package was not checked and accept with the project or the contractor did not turn over project complete to be versed in reject to pay a project the money for the data, if why be handled?
After engineering construction contract agrees project complete checks and accept qualification, construction pays a project the money again, after the person that send a package receives the project complete that the contractor refers to check and accept a data, agree to complete was not organized to check and accept inside deadline or reasonable time in the contract without warrant, its were not checked and accept with the project again for reject to pay a project the money, do not grant to support.
The person that send a package did not turn over what reject to pay a project the money for project complete data with the contractor, do not grant to support, but the except that the contract has an agreement additionally.
3.
Build the cognizance of project time limit for a project and quality responsibility
24, party reachs what claim for compensation advocates again after agreeing with respect to project money settle accounts, if why be handled?
After become effective of settle accounts agreement, contractor basis agreement asks to pay a project the money, the person that send a package exists with causing a project because of contractor reason for quality problem or complete of exceed the time limit, requirement refuse payment, decrease pay a project the money or compensate for losing, do not grant to support, but the except that settle accounts agreement has an agreement additionally. Party signs settle accounts agreement not to affect a contractor to assume quality to guarantee according to regulation of agreement or law, administrative regulations responsibility. After become effective of settle accounts agreement, the contractor adjourns with causing a project because of sending the reason that hire a person for, the losing such as seek redress shutdown, enforced idleness due to poor organization of work, do not grant to support, but the except that settle accounts agreement has an agreement additionally.
25, how does the project open date of completion to decide?
Date of real go into operation decides contract of construction project construction really, carry with start working announcement commonly bright start working time is a basis; Because send the reason that hire a person to cause go into operation,condition of the start working when the announcement is given out still does not have, the time that has with start working condition fixes start date; Because contract to because bring about,just open what defer between man-hour actually formerly, with start working the announcement carries bright time is start date; The contractor enters the arena already actually before start working announcement is given out of construction, it is start date with time of real go into operation; Also can prove date of real go into operation without other and relevant evidence without start working announcement already, the start working time that agrees with construction contract is start date.
The person that send a package, contractor, design and all directions of inspect manage unit are checked and accept in project complete affirmed time signs on sheet, can regard as " explanation " the 14th (one) formulary date of completion, but the except that party has contrary evidence enough to overthrow.
26, how is postpone of time limit for a project maintained?
Because send packet of person to default money of project imprest, plan, offer the behavior such as design of construction blueprint, field and raw material, change to cause project incur loss through delay tardily, the contract makes clear conventional postpone time limit for a project to ought to affirm via sending the visa that hire a person, affirm via although did not obtain the visa of postpone of time limit for a project,examining a contractor, the conduction deadline introversion that Dan Jiju card proves to agree in the contract sends packet of person to had advocated postpone of time limit for a project, afore-mentioned behavior that perhaps send packet of person affect construction plan really badly, the view of corresponding to contractor postpone time limit for a project, can grant to support.
27, are the project quality standard that construction contract agrees and national mandatory standard abhorrent effective?
The project quality that the standard of construction project quality that in building engineering construction contract, agrees provides under the country is mandatory of safe level, this agreement is invalid; Of the mandatory standard that the country of quality standard prep above that the contract agrees sets, ought to hold this agreement effective.
28, the person that send a package advocates project quality does not accord with a contract to agree, should press countercharge or contradictory processing?
The contractor asks to pay a project the money, the person that send a package advocates those who damage to project quality does not accord with contract agreement to be caused to its, answer to handle respectively by the following case:
(1) construction project already complete checks and accept qualification, or although be checked and accept without complete, but the person that send a package is used actually already, the quality problem that the project exists should belong to the limits that project quality guarantees commonly, the person that send a package asks because of this refuse payment or decrease those who pay a project the money, to its quality counterplea does not grant to support, but the except with the foundation foundation project that causes a project because of contractor reason truly or main body unqualified tractor dry mass; Send the countercharge that hire a person or sue requirement contractor to assume separately protect long responsibility to perhaps compensate for the actual losing such as repair expenses, the relevant provision that by construction the project guarantees is handled.
(2) the project has not undertake complete is checked and accept and not consign is used, the person that send a package does not accord with a contract with project quality ask for the agreement refuse payment or decrease those who pay a project the money, can press contradictory processing; Contractor of requirement of the person that send a package pays penalty due to breach of contract to perhaps be compensated for repair, the losing such as do poorly done work over again or rebuilt reasonable charge, should inform its counterclaim or sue separately.
(3) the other property that compensation of contractor of requirement of the person that send a package does not accord with a contract to agree because of project quality and causes or person damages, should inform its counterclaim or sue separately.
29, how to maintain a contractor to exist to building project quality limitation fault?
The contractor has one of following state, ought to maintain its to exist to building project quality limitation fault:
(1) problem of existence of the blueprint paper that the contractor knows perfectly well the person that send a package to offer, instruction perhaps is in construction process discover a problem, and did not offer opinion and proposal in time and continue of construction;
(2) the contractor is offerred to sending packet of person or appoint fittings of literary composition of designation housing materials, structure, equipment to wait to did not undertake examine necessarily or via examining unqualified still use;
(3) the lawbreaking code that puts forward to sending packet of person and construction project quality, safe level, reduce the demand of project quality, the contractor does not grant to refuse and undertake construction.
Case is narrated to fall before, because project quality is put in blemish to cause losing of the 3rd person, assume joint liability by the person that send a package and contractor.
30, the person that send a package does not accord with a contract with project quality for the agreement, requirement contractor bears repair cost, if why be handled?
Because contractor reason causes project quality not to accord with a contract to agree, the contractor rejects repair, inside reasonable time cannot repair perhaps sends packet of person to warrant rejects contractor rehabilitate, contractor of the requirement after the person that send a package entrusts other rehabilitate separately bears reasonable rehabilitate cost, should grant to support.
The person that send a package did not inform a contractor or refuse without warrant by contractor rehabilitate, entrust other rehabilitate separately, the reasonable charge in the limit of that the repair expenses in order to that the contractor assumes needs by place of repair of its proper motion.
31, does project of construction contract agreement guarantee deadline is the clause under legal minimum deadline effective? The contractor asks to return return quality to guarantee of gold, if why be handled?
In building engineering construction contract, agree normal use condition leaves a project guarantee of the lowermost time limit that deadline sets under law, administrative regulations, this agreement is invalid.
Party guarantees with respect to project quality gold returns those who return deadline to have an agreement, according to its agree, but do not affect a contractor to be in guarantee quality is assumed to guarantee inside deadline responsibility; Unidentified without agreement or agreement, project quality guarantees gold returns 24 months since the day that returns deadline to check and accept qualification for project complete.
Contract of construction project construction is invalid, but project classics complete checks and accept qualification and person of consign hair bag uses, the contractor should assume quality to guarantee according to the regulation of law, administrative regulations responsibility. The person that send a package asks to consult contract agreement detains money of certain proportional project to guarantee as project quality of gold, should grant to support.
4.
Project cost appraisal
32, party applies for to have identification to project cost, if why be handled?
Party is put in controversy to project cost, did not reach settle accounts agreement already, also cannot adopt other way to decide project money, the court can entrust the orgnaization of project cost appraisal that has judicatory appraisal aptitude to have identification to project cost according to the application of party; Party both sides all does not apply for appraisal, the court ought to give Shi Ming, still do not apply for appraisal via the one party of quote responsibility is being had to appraisal item after Shi Ming, the agree carries quote incapable adverse consequence.
In appraisal process, one party party rejects to submit appraisal data inside time limit without warrant or refus does not deserve to close, bring about appraisal to cannot undertake, its still reject to refer after Shi Ming is adverse and sequential or via the court refus does not cooperate, the agree carries quote incapable adverse consequence.
33, how is party maintained in the effectiveness that appraisal entrusts jointly before appealing to?
Before party appeals to, already collective make choice of had the appraisal orgnaization of corresponding aptitude to make corresponding appraisal conclusion to building a project, requirement of party of the one party in lawsuit is new of appraisal, do not grant to allow commonly, but evidence proves this appraisal conclusion is had " a certain number of regulations of top people court about civil suit evidence " except of case of the 27th the first regulation.
34, what does the item that the court in project cost appraisal decides according to powers and authorities of office include?
The authenticity to file of basis of construction contract effectiveness, settle accounts, visa reachs party of the problem existence controversy such as effectiveness, answer to be undertaken examine and be makinged cognizance by the court. The basis of different close an account that the court can ask when entrusting appraisal appraisal orgnaization advocates according to party place makes appraisal conclusion respectively, perhaps list alone after the project amount to impeach part and appraisal of money paid for something purchased or received for something sold, the examine and verify when offerring judgement is maintained use, also can make program of appraisal of the restart after clear conclusion first with respect to controversy problem.
5.
Of civil liability assume
35, the person that send a package refuses money of settle accounts project without warrant, owe those who pay project money interest to rise how to calculate a dot to decide?
The settle accounts of examine and verify that the person that send a package agrees in construction contract rejects settle accounts or intended and protracted close an account without warrant inside deadline, also did not pay a project the money after at the expiration of one's term of office of deadline of examine and verify, the computation since the morrow of the at the expiration of one's term of office of deadline of settle accounts of examine and verify that the contractor asks the person that send a package agrees from the contract owes those who pay project money interest, can grant to support,
36, the contractor advocates exceed the time limit pays a project the penalty due to breach of contract of the paragraph and interest at the same time, if why be handled?
Contract of construction project construction agrees exceed the time limit of the person that send a package pays a project the money clearly, the contractor can advocate exceed the time limit pays at the same time of penalty due to breach of contract and accrual, according to its agree, the penalty due to breach of contract that the person that send a package holds to the contract agrees and interest the sum are beyond the mark prep above is actual the loss requests to give proper reductive, according to " top people court about contract law of applicable People's Republic of China > the explanation of a certain number of problems (2) " the 29th regulation processing; Unidentified without agreement or agreement, to the contractor's view, do not answer to support at the same time commonly, but the penalty due to breach of contract that the contractor has evidence to prove the contract agrees or accrual can't make up for his alone actual losing except.
37, is construction contract agreement in to behavior of contractor break a contact with " amerce " how is clausal property maintained?
Time limit for a project of existence of contractor of agreement of contract of construction project construction tardily, the behavior of break a contact such as quality blemish, subcontract or illegal cent bag, the person that send a package can be in to the contractor with amerce, this agreement can regard party as the clause of penalty due to breach of contract that agrees in the contract, should according to " contract law of People's Republic of China " the 114th regulation gives processing.
38, the contractor hires a person with sending protracted settle accounts or owe pay what consign project rejects for project money, if why be handled? How is the loss that causes from this assumed?
After project complete checks and accept qualification, the contractor hires a person with sending protracted settle accounts or owe pay what consign project rejects for project money, do not grant to support commonly, but the except that construction contract has definite agreement additionally.
Agreement of contractor basis contract rejects consign project, but the value that its reject consign project exceeds the person that send a package to owe paid project money apparently, perhaps owe the amount that pays a project the money not quite, and partial project not consign can affect whole project badly to use, include the actual loss that the person suffers accordingly to sending, should give according to fault degree by party partake.
39, in project of joint development real-estate, contractor view owes those who pay a project the money, if why be handled?
The legal person of two above, other organization or project of real-estate of individual joint development, cooperate to just sign contract of construction project construction with him name and contractor among them, the contractor asks other collaboration just pays project money to assume joint liability to owing, should grant to support.
The contractor sends packet of factitious the accused to recover project money with building engineering construction contract only, the prosecution that should depend on a contractor decides the accused.
40, the person that send a package bear after leasing a building, with oneself name signs construction contract external, how ought to the contractor hold the right?
The person that send a package (tenant) after with building droit the person signs the contract that rent to lease this building, sign construction contract external with his name, the contractor holds project fund, ought to include to lodge a complaint of factitious the accused with the hair of construction contract.
The person that send a package misses or lose pay ability, and the renting contract between person and hair bag person has ended building fee, contractor with building droit factitious the accused holds the right, building droit the person is benefited actually in its liability to pay compensation is assumed inside limits.
