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Lawyer Li Heng held a legal lecture on the opening (resumption) of the construction project live on the public network.

Published:

2021-04-22

On the morning of March 4th, co-sponsored by Jinan Arbitration Commission, Dazhong Network, undertaken by Jinan Construction Engineering Arbitration Institute, Shandong Construction Industry Association, Shandong Engineering Construction Standard Cost Association, Shandong Law Society Engineering Law Research Association, Shandong Lawyers Association The second "Jinan Arbitration Online Public Welfare Lecture" co-organized by the Construction Engineering Professional Committee and the Construction Engineering Professional Committee of Jinan Lawyers Association was held in the Dazhong Studio. Lawyer Li Heng, deputy director and senior partner of our firm, gave a detailed introduction to the legal issues of the start (resumption) of construction projects during the prevention and control of the new coronary pneumonia epidemic, and put forward professional legal advice.

"Some large construction companies have resumed work on about 86-88% of their projects." Li Heng lawyer introduced. On February 29, the provincial party committee and the provincial government issued "Several Opinions on Implementing the Spirit of General Secretary Xi Jinping's Important Speech to Promote the Prevention and Control of the New Crown Pneumonia Epidemic and Economic and Social Development", and the progress of the resumption of engineering projects in our province has gradually accelerated.

Lawyer Li Heng focused on the analysis of legal issues such as the conditions for resuming work, the legal liability for not resuming work in accordance with regulations, the delay of construction period caused by the epidemic situation, the adjustment of project price and other expenses, and the handling of projects that cannot be started (resumed) temporarily, especially the epidemic situation and force majeure, the determination and application of changes in circumstances, the change of construction period or claim, and price changes such as "people, materials and machines, as well as epidemic prevention and control costs, rush costs, etc., have put forward clear legal advice. At the same time, it is pointed out that the contracting party shall not arbitrarily compress the reasonable construction period, pay attention to the epidemic prevention and control costs, the wages and expenses of the personnel left behind during the shutdown period should be calculated according to the actual situation, and pay attention to the impact of the national and local tax relief policies on the project pricing of enterprises involved in construction projects. For projects that do not have the conditions to resume work for the time being, they can negotiate with the construction unit to change the construction period, reasonably determine the construction progress and adjust the progress plan before the formal commencement (resumption) of work. The construction enterprise shall make preparations for the commencement of personnel, materials and machinery in advance, do a good job of staying at the project site, and take necessary measures to reduce losses and stop losses during the shutdown period in accordance with the provisions of the contract law, such as actively negotiating with the lessor of the mechanical equipment on the construction site to reduce the lease fee and so on.

This lecture was open to the public free of charge in the form of live video. More than 30000 people participated in the interactive live broadcast on the WeChat platform. Lawyer Li Heng explained the legal issues of the project's resumption, explained in simple terms, closely connected with the current reality, and won praise.