Construction project construction contract dispute first judgment case.
Published:
2022-06-27
Case description Company A is a private enterprise with real estate development and management qualifications. Company B has the special qualification for general contracting of construction projects. In 2017, Company A identified Company B as the construction unit of a residential project it invested in and developed by inviting tenders. Company B contracted the construction project invested and developed by Company A. The two parties signed two contracts for the project, namely the "black and white" contract. The actual performance of the contract clearly stipulates that "if the contractor is unable to continue to perform or clearly indicates that it does not perform or has substantially stopped performing the contract, the party issuing contract may notify the contractor to terminate the contract immediately and deal with it in accordance with the relevant laws. If the contractor fails to take measures to rush the work for more than 30 days, the party issuing contract has the right to terminate the contract." Later, during the performance of the contract, Company B requested the construction period to be postponed and the material and labor costs to be increased, and Company A was required to pay the losses on the grounds that the project would stop production, outage, material and labor costs would rise. In this regard, the two sides did not reach an agreement. Since then, part of the project is in a suspended or semi-suspended state. Company A has repeatedly urged, but Company B still refuses to resume work. In 2018, Company A mailed a notice of termination of the contract to Company B in accordance with the contract, notifying Company B of the termination of the project general contract signed by both parties (actual performance of the contract). After Company B receives the notice of cancellation. In the same year, Company A filed a lawsuit to confirm that the contract in question had been terminated and demanded that Company B pay liquidated damages and compensate for the losses. litigation ideas The key point of the lawsuit is to confirm which of the two contracts is the actual performance of the contract and the breach of contract by Company B. In this case, the contract number and contract amount filled in by company B in the application form for payment of project funds to company a are completely consistent with the construction contract provided by company a in the lawsuit. therefore, the contract provided by company a is the actual performance of the contract by both parties, the true intention of both parties, does not violate the mandatory provisions of laws and administrative regulations, and is a valid contract. both parties shall fully perform their respective obligations according to the contract. Company A mailed a notice of termination to Company B in accordance with the actual performance of the contract. Company B did not raise any objection after receiving the notice of termination. During the trial, Company B recognized the fact that the contract had been terminated and Company B admitted that it had stopped the construction of the project on a certain day. Therefore, Company A requested to confirm that the contract involved in the case provided by it had been terminated and complied with the legal provisions. In view of the fact that Company A requests to confirm that the contract has been terminated in this case, the facts are clear, and other claims of Company A are more complicated. According to the relevant legal provisions of "advance judgment" in the the People's Republic of China Civil Procedure Law, in order to prevent the loss of work stoppage from continuing to expand, Company A applies to the court to make an advance judgment to confirm that the contract has been terminated. Litigation results Based on the above facts and relevant legal provisions, the court made a first judgment, the judgment confirmed that the contract has been terminated, and other claims of Company A will be judged after the relevant facts are found out. description of meaning This case is to use the first judgment litigation ideas to solve the construction contract dispute cases. The plaintiff's request for confirmation of the termination of the contract is clear. In order to prevent the loss of work stoppage from continuing to expand, the plaintiff, in accordance with relevant laws and regulations, applied to the court for a first judgment that the contract has been terminated. For the plaintiff's other claims, due to the complexity, the judgment will be made after the relevant facts are found out. The first judgment is to face difficult cases and multiple litigation requests of the parties. When some facts are clear, it can ensure timely access to judgments, prevent litigation delays, and improve litigation efficiency.
Case description
Company A is a private enterprise with real estate development and management qualifications. Company B has the special qualification for general contracting of construction projects. In 2017, Company A identified Company B as the construction unit of a residential project it invested in and developed by inviting tenders. Company B contracted the construction project invested and developed by Company A. The two parties signed two contracts for the project, namely the "black and white" contract. The actual performance of the contract clearly stipulates that "if the contractor is unable to continue to perform or clearly indicates that it does not perform or has substantially stopped performing the contract, the party issuing contract may notify the contractor to terminate the contract immediately and deal with it in accordance with the relevant laws. If the contractor fails to take measures to rush the work for more than 30 days, the party issuing contract has the right to terminate the contract."
Later, during the performance of the contract, Company B requested the construction period to be postponed and the material and labor costs to be increased, and Company A was required to pay the losses on the grounds that the project would stop production, outage, material and labor costs would rise. In this regard, the two sides did not reach an agreement. Since then, part of the project is in a suspended or semi-suspended state. Company A has repeatedly urged, but Company B still refuses to resume work. In 2018, Company A mailed a notice of termination of the contract to Company B in accordance with the contract, notifying Company B of the termination of the project general contract signed by both parties (actual performance of the contract). After Company B receives the notice of cancellation. In the same year, Company A filed a lawsuit to confirm that the contract in question had been terminated and demanded that Company B pay liquidated damages and compensate for the losses.
litigation ideas
The key point of the lawsuit is to confirm which of the two contracts is the actual performance of the contract and the breach of contract by Company B. In this case, the contract number and contract amount filled in by company B in the application form for payment of project funds to company a are completely consistent with the construction contract provided by company a in the lawsuit. therefore, the contract provided by company a is the actual performance of the contract by both parties, the true intention of both parties, does not violate the mandatory provisions of laws and administrative regulations, and is a valid contract. both parties shall fully perform their respective obligations according to the contract.
Company A mailed a notice of termination to Company B in accordance with the actual performance of the contract. Company B did not raise any objection after receiving the notice of termination. During the trial, Company B recognized the fact that the contract had been terminated and Company B admitted that it had stopped the construction of the project on a certain day. Therefore, Company A requested to confirm that the contract involved in the case provided by it had been terminated and complied with the legal provisions.
In view of the fact that Company A requests to confirm that the contract has been terminated in this case, the facts are clear, and other claims of Company A are more complicated. According to the relevant legal provisions of "advance judgment" in the the People's Republic of China Civil Procedure Law, in order to prevent the loss of work stoppage from continuing to expand, Company A applies to the court to make an advance judgment to confirm that the contract has been terminated.
Litigation results
Based on the above facts and relevant legal provisions, the court made a first judgment, the judgment confirmed that the contract has been terminated, and other claims of Company A will be judged after the relevant facts are found out.
description of meaning
This case is to use the first judgment litigation ideas to solve the construction contract dispute cases. The plaintiff's request for confirmation of the termination of the contract is clear. In order to prevent the loss of work stoppage from continuing to expand, the plaintiff, in accordance with relevant laws and regulations, applied to the court for a first judgment that the contract has been terminated. For the plaintiff's other claims, due to the complexity, the judgment will be made after the relevant facts are found out. The first judgment is to face difficult cases and multiple litigation requests of the parties. When some facts are clear, it can ensure timely access to judgments, prevent litigation delays, and improve litigation efficiency.
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