Lawyer Li Heng was invited to participate in the legislative seminar on the (II) of the Supreme People's Court on the Interpretation of Several Issues Concerning the Application of Law in the Trial of Construction Contract Disputes
Published:
2021-04-26
Lawyer Li Heng was invited to participate in the Supreme People's Court on the trial of construction contract disputes. Legislative Seminar on the (II) of Interpretation of Certain Issues of Applicable Law
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On August 26, 2018, the legislative seminar on the "Interpretation and (II) of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Construction Contract Disputes" sponsored by the Construction Engineering and Real Estate Professional Committee of the All China Lawyers Association and the Taiyuan Lawyers Association was held in Taiyuan, Shanxi. Lawyer Li Heng, deputy director and senior partner of our institute, was invited to participate in this seminar.
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Li Qi, former judge of the first people's Court of the Supreme people's Court and main drafter of the second judicial interpretation, Li Ming, researcher of the Law Research Institute of the Supreme people's Court, Zhu Shuying, director of the Construction Engineering and Real Estate Professional Committee of the all-China bar Association and director of Shanghai Jianwei Law firm, participated in the discussion and made keynote speeches respectively.
In the morning, Judge Li Qi of the former Supreme Court introduced and explained the drafting background of Judicial Interpretation II, the principles adhered to in the drafting of the interpretation, the main contents of the interpretation and the controversial issues, including the validity of the construction contract, the settlement of the project price, the appraisal of the project cost, the protection of the rights of the actual construction person, the priority of the construction project price and other controversial clauses, which were analyzed in combination with typical cases.
In the afternoon, Li Ming, a researcher from the Law Research Institute of the Supreme People's Court, first introduced the adjudication rules for construction contract disputes according to the provisions of Judicial Interpretation II (Draft for Comments), including the validity of the bid-winning notice, the substantive content of the bid-winning contract, the deviation from the substantive content of the bid-winning contract, the illegal construction contract, the borrowing qualification, the construction period problem, the project quality problem, the cooperative development, and the waiver effect of the priority of the right of compensation.
Subsequently, Zhu Shuying, director of the National Construction and Housing Commission, gave a speech on the theme of "The Convergence of the Contents of the Judicial Interpretation of Construction Contracts and the Six Highlights of the Principles for the Judicial Treatment of Difficult Legal Issues in" Interpretation II ". By comparing the contents of the first judicial interpretation, from the aspects of the validity scope of the bid-winning notice and the determination principle of the black-and-white contract, the determination of the commencement date and the judgment principle of the extension of the construction period, the validity provisions of the planning two certificates and the fault compensation for the invalidity of the contract, the pre-litigation identification, the re-establishment of subrogation to protect the legitimate rights and interests of migrant workers, and the regulation of the priority compensation right of the project price, etc., the project price are shared with everyone in combination with their own cases.
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Lawyer Li Heng of our firm has been engaged in the legal business of construction projects for a long time, and has participated in the legislative discussion activities of the Supreme Court's Interpretation (II) on Several Issues Concerning the Application of Law in the Trial of Construction Contract Disputes. In October 2017, he wrote and completed the second judicial interpretation. The proposed revision report of the draft was submitted to the Supreme People's Court, which received positive feedback and evaluation.
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