The typical cases of dispute resolution in the real estate industry under the influence of the "epidemic" (III) and the search report of normative documents in Shandong Province.

The sudden outbreak of novel coronavirus pneumonia (hereinafter referred to as the epidemic) is sweeping the land of China. Subsequently, in accordance with the national measures for the "Class B infectious disease, Class A management" of pneumonia infected by the novel coronavirus, various provinces and cities have launched major emergencies. The first-level response mechanism for public health events, the Shandong Provincial Government also launched the first-level response to major public health emergencies on January 24, 2020. Subsequently, various departments in Shandong Province and Jinan City have issued normative documents to deal with the epidemic, in which the Shandong Provincial Department of Human Resources and Social Security issued the "Emergency Notice on Delaying the Resuming of Enterprises in the Province" (Lu Renshe Zi [2020] No. 10) to clarify that all types of enterprises in Shandong Province will resume work no earlier than 24:00 on February 9, it has also made it clear that enterprises are not allowed to resume work in advance unless they are required to ensure the operation of public utilities, epidemic prevention and control, people's livelihood and other related enterprises that are important to the national economy and people's livelihood; the Department of Housing and Urban-Rural Development of Shandong Province and the Bureau of Housing and Urban-Rural Development of Jinan City have also successively issued the "Emergency Notice on Solidly Doing a Good Job in the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic" (Lu Jian Ban Zi [2020] No. 5), "Emergency Notice on Strengthening the Prevention and Control of the Novel Coronavirus Epidemic on Construction Sites", the above-mentioned provincial and municipal notices make it clear that construction projects should be appropriately delayed in the start of work, the start of all projects in 2020 (including pile foundation construction), the resumption of work time, in accordance with the relevant requirements of epidemic prevention and control will be notified separately.

In view of the fact that the epidemic has caused great impact and inconvenience to the daily life of people all over the country, and has also caused great obstacles and losses to the normal production and operation of all walks of life, especially to the real estate and construction industries. Pressure, how to maximize the control of legal risks and reduce economic losses in this "epidemic" is a practical problem faced by every real estate company and construction company. For this reason, we searched and summarized the "Typical Cases and Normative Documents of Dispute Resolution in Real Estate Industry under the Influence of Epidemic". We searched the two parts of "Typical Cases", referring to whether the epidemic situation constitutes force majeure, whether the construction enterprise cannot start and resume work on time due to the epidemic situation, and whether the court supports the exemption of the development enterprise due to the epidemic situation, and further prompted the employment risks of real estate enterprises and construction enterprises. In addition, the third part of the article also sorts out and summarizes the seven aspects related to real estate development enterprises and construction enterprises recently released by Shandong Province and Jinan City: "the policy of starting and resuming work of epidemic situation, the policy of judicial litigation of epidemic situation, the policy of housing construction of epidemic situation, the policy of tax collection of epidemic situation, the policy of market supervision of epidemic situation, the policy of medical security of epidemic situation and other comprehensive policies of epidemic situation, with a view to predicting risks in advance by referring to the typical case judgments during the SARS period, and resolving risks in advance by understanding and implementing existing policies and normative documents.

 

Part I: Typical Cases of Force Majeure with Reference to the SARS Epidemic

1. Xinxiang Hengsheng Real Estate Development Co., Ltd. and Henan Liujian Construction Group Co., Ltd. Civil Ruling Letter of Retrial of Dispute over Construction Contract-Supreme People's Court (2011) Min Shen Zi No. 199

Case brief introduction: Henan liujian construction group co., ltd. undertook the project of Xinxiang hengsheng real estate development co., ltd. and the later project was not delivered on schedule according to the time limit agreed in the construction contract. the main reason for the overdue delivery of the project was that hengsheng company did not apply for the construction permit, could not supply materials in time, or could not be delivered on schedule due to the impact of SARS in 2003 on normal construction, whether the provincial six construction company is responsible for the late delivery of the project or whether the force majeure caused by SARS is invoked to exempt the late delivery.

Key points of the judgment: the court held that both parties were responsible for the late delivery of the project, except for the influence of SARS force majeure. On the one hand, Hengsheng Company did not apply for the construction permit in time, did not supply materials in time, changed the design many times and other reasons, and on the other hand, the provincial six construction companies had poor management, poor organization and other factors. The judgment of the second instance found that the evidence submitted by both parties could not prove that their liability was less than that of the other party, and did not support Hengsheng's claim on liquidated damages, which was not improper.

2. Bai Junying and Tumote Zuoqi People's Government Civil Judgment for Retrial of Contract Disputes-Supreme People's Court (2016) Supreme Law Minzai No. 220

Brief introduction of the case: Tuzuoqi government contracted the whole Tuzuoqi hotel to Shenzhen Baofuhua Industry and Trade Co., Ltd. After the contract came into effect, Baofuhua Company transferred the rights and obligations in the contract between Baofuhua Company and Tuzuoqi government to Bai Junying due to economic difficulties during the contract period. The focus of the dispute in this case is, "SARS" for the performance of the contract and the hotel contracted by Bai Junying due to "SARS" closure, the loss caused during the closure of the two sides how to bear the problem.

Key Points of Judgment: Regarding Bai Junying's claim for the Tuzuo Banner government to refund the contract fee of 50000 yuan during SARS, SARS is force majeure. Based on the principle of fairness, the hotel contracted by Bai Junying is closed due to SARS, and both parties shall bear 50% of the losses caused by SARS. Therefore, the Tuzuo Banner government shall return the contract fee of 25000 yuan to Bai Junying.

3. Sanya Intermediate People's Court of Hainan Province-Civil Judgment-(2005) Sanya Min I Zhong Zi No. 79

Case Brief: Yin Wenmin and Changyuan Company signed the Purchase and Sale Contract of Sanya Changyuan Commercial Plaza Boutique, agreeing to purchase the commercial housing of the "Tianya Yifangcheng" project and agreeing that the seller should deliver the commercial housing that has passed the acceptance inspection and meets the contract agreement to the buyer before June 30, 2003. Later, due to the outbreak of SARS, Changyuan Company was affected by administrative measures and construction personnel outside the island were prohibited from being employed, as a result, Changyuan Company delayed the resumption of work and delivered the house 256 days later than the time agreed in the contract. The focus of the dispute in this case is whether the "SARS" epidemic constitutes force majeure to the completion of the construction of the "Tianya One City" project.

Key points of the judgment: as for the impact of the SARS epidemic, the court believes that the occurrence of the epidemic is unpredictable, inevitable, and insurmountable under the health and medical technology conditions at that time, which led the government to take necessary administrative measures to prohibit the employment of migrant workers outside the island. The control of the flow of migrant workers has objectively led to the delay of the construction of the construction enterprises, and it should be determined that the "SARS" epidemic constitutes a force majeure factor for the completion of the construction of the "Tianya One City" project.

 

Part II: Typical cases of contract performance risks

A typical case of performance risk of 1. construction contract.

A typical case of performance risk of (I) construction contract.

1. Dispute over Construction Contract between Zhejiang Second Construction Group Co., Ltd. and Time Real Estate Construction Group Co., Ltd.-Zhejiang Higher People's Court-(2011) Zhejiang Min Zhong Zi No. 34

Case brief: the second construction company and the time company signed three construction contracts for the first, second and fifth sections of Taizhou bay longqin garden project. it was agreed that the second construction company would undertake the civil construction and installation works of the above three sections. after the outbreak of SARS, the second construction company suspended the construction in order to avoid the outbreak of SARS on the construction site, the focus of the dispute in this case is whether the delay of the construction period caused by SARS belongs to the issue of "the construction period caused by force majeure can be extended" as stipulated in the general terms of the construction contract.

Key points of the referee: Considering the serious SARS epidemic in 2003, which is a well-known fact, the Second Construction Company suspended construction in order to avoid the outbreak of the SARS epidemic at the construction site, and reported the situation to the supervisor in a timely manner. Therefore, the suspension of work during the SARS epidemic, which belongs to the category of force majeure, should be postponed for 30 days.

2. Appeal Case of Construction Contract Dispute between Shanghai Xianglong Construction Decoration Engineering Co., Ltd. and Luilio Biotechnology (Shanghai) Co., Ltd.-Shanghai No.1 Intermediate People's Court-(2009) Shanghai No.1 Zhongmin No.2 (Min) Zhongzi No. 2362

Case Brief: Xianglong Company and Louie Leo Company signed the Construction Contract, agreeing that Xianglong Company will contract Louie Leo Company's industrial plant project in Hongqiao Town, which is located in 5 hills of Hongqiao Town's 69 neighborhood, during the SARS period, Xianglong Company will suspend construction. The dispute in this case is whether Xianglong Company can require Louie Leo Company to bear part of the shutdown losses for the losses incurred during SARS, and whether SARS is force majeure.

Key points of the judgment: "Xianglong Company's appeal requires Louilio Company to bear part of the shutdown losses during SARS. However, Article 39 of the contract between the two parties clearly stipulates that the contractor shall bear the damage to the contractor's mechanical equipment and shutdown losses caused by force majeure. Therefore, Xianglong Company's request for Louilio to compensate for the shutdown losses during SARS obviously does not conform to the agreement of the contract between the two parties. The appeal request court does not support."

3. Bai Junying and Tumote Zuoqi People's Government Civil Judgment for Retrial of Contract Disputes-Supreme People's Court (2016) Supreme Law Minyou No. 220

Brief introduction of the case: Tuzuoqi government contracted the whole Tuzuoqi hotel to Shenzhen Baofuhua Industry and Trade Co., Ltd. After the contract came into effect, Baofuhua Company transferred the rights and obligations in the contract between Baofuhua Company and Tuzuoqi government to Bai Junying due to economic difficulties during the contract period. The focus of the dispute in this case is, "SARS" for the performance of the contract and the hotel contracted by Bai Junying due to "SARS" closure, for the "SARS" caused by the loss of both sides how to bear the problem.

The main points of the judgment: "The court of second instance held that: ...... 4. The contract fee during the SARS period was 50000 yuan, and the court of first instance decided to bear 50% of the contract fee according to the principle of fairness, that is, 25000 yuan. SARS is a force majeure factor, and the judgment of the original trial was not improper according to the principle of fairness."

4. Civil Judgment of Henan Higher People's Court-(2010) Yu Fa Min Zai Zi No. 00024

Case Brief: Taixing Company and Nonferrous Metals Institute signed the "Construction Contract for a Residential Building in Xinxi 3" through bidding procedures. During the construction process, the construction period was extended due to force majeure factors such as SARS and continuous rainfall. Taixing Company failed to complete the project within the agreed time limit. The focus of the dispute in this case is: regarding the delay in the construction period, whether SARS and rain are force majeure, the question of whether Taixing Company should bear the responsibility for the extension of the project.

Key points of the referee: second, the relationship between SARS, rainstorm and construction period. The agreement on force majeure in the Construction Contract is a general agreement and should be interpreted in a broad sense. The impact of SARS on the purchase of personnel and materials and the impact of rainstorm on outdoor construction do affect the progress of the project, and both are unforeseen factors when Taixing Company and the Institute of Nonferrous Metals were appraised in the contract. Therefore, the Institute adopted Taixing Company's claim that SARS and rainstorm constitute force majeure.

5. (2014) Qingmin Yizong Zi No. 1069, Qingdao Tongli Construction Labor Service Co., Ltd. and Qingdao First Construction Group Co., Ltd. Dispute over Construction Contract

Brief introduction of the case: Qingdao No.1 construction engineering company and Qingdao Aoyi construction engineering co., ltd. signed the "construction, installation and construction labor cooperation contract", agreeing that Qingdao Aoyi construction engineering co., ltd. subcontracted the comprehensive labor costs for civil construction, decoration and water and electricity installation of a certain building in Fushan rear seven residential quarters contracted by Qingdao No.1 construction engineering company. the focus of the dispute in this case is: due to the epidemic prevention requirements of SARS, whether the impact of SARS on the construction period of the construction project is force majeure and whether the delay of the construction period caused by SARS should be borne by Qingdao Tongli for breach of contract.

Referee points: the impact of the epidemic on the construction period is force majeure, due to the delay in the construction period caused by the epidemic does not bear the responsibility for breach of contract, a construction company as the main contractor of the second phase of the project after the seven residential 1. of Fushan, from 2003 to 2009, part of the civil construction and installation of some of the buildings to the company. KONE has fulfilled all its obligations in accordance with the contract and the project has been completed, accepted and delivered. After the dispute between the two sides, one of the focal points is the delay of the construction period. The court held that the delay in the construction period caused by SARS in 2003 was force majeure, and that a large number of design changes signed and confirmed by the construction personnel of the first construction company were also the reasons for the delay in the construction period. Therefore, the court of first instance of the First Construction Company's punishment for delaying the construction period of KONE Company did not approve it.

 

The performance risk and typical cases of 2. commercial housing sales contract.

(I) the risk of late delivery of housing in the contract of sale of commercial housing.

In the case of lagging construction projects, real estate companies are at risk of late delivery of homes.

1, does not support the overdue delivery of housing exemption one: commercial housing presale contract signed in the epidemic prevention and control period, the contract agreed on the delivery time after the epidemic prevention and control period, the epidemic prevention and control did not have a substantial impact on the developer on time delivery of housing, developers have no right to advocate the extension of the delivery of housing.

(1) Appeal Case of Dispute over Housing Sales Contract between Yangxin Zhongcheng Real Estate Development Co., Ltd. and Liu Weidong-Shenyang Intermediate People's Court of Liaoning Province-Civil Judgment (2005) Shen Min (2) Fang Zhong Zi No. 736

Case Brief: Liu Weidong and Xinzhong City Company signed an "Agreement" on April 25, 2003, agreeing that Liu Weidong would purchase a set of commercial housing developed by Xinzhong City Company. After that, both parties signed a "Commercial Housing Sales Contract", agreeing that the delivery date would be before September 30, 2003. If force majeure is encountered and Xinzhong City Company informs Liu Weidong after the occurrence of the situation, Xinzhong City Company may postpone it according to the actual, the focus of the dispute in this case is: the "SARS" epidemic proposed by New China City Company is force majeure, and the issue of whether New China City Company's liability for breach of contract can be supported.

Key points of the judgment: the project is delivered late, except for the influence of SARS force majeure, both parties have the responsibility and need to bear the responsibility. Although the "SARS" epidemic broke out in my country between the spring and summer of 2003, when the New Zhongcheng Company signed the "Agreement" with Liu Weidong (April 25, 2003), it should be foreseen that the "SARS" epidemic might affect its normal construction. The "Commercial Housing Sales Contract" signed with Liu Weidong on September 19, 2003 also stipulated that "the delivery date is before September 30, 2003", indicating that the SARS epidemic did not affect the delivery of the house. Therefore, in this case, Xinzhong City Company cannot be exempted from the liability for breach of contract for all overdue delivery of the house. Therefore, the court does not support this appeal claim of Xinzhong City Company.

(2) Chongqing Yinchang Real Estate Development Co., Ltd. and Zhong Manjia Commercial Housing Sales Contract Dispute Appeal Case (2005) Yu Yizhong Min Zhong Zi No. 3090

Case brief: Chongqing yinchang real estate development co., ltd. and zhong manjia signed a commercial housing sales contract on October 10, 2003, agreeing that Chongqing yinchang real estate development co., ltd. will presale the developed house to zhong manjia, and later agreeing that the seller should deliver the above-mentioned house to the buyer before August 31, 2004, and then the seller will deliver the house overdue, the focus of the dispute in this case is whether the impact of SARS can be the cause of Chongqing Yinchang Real Estate Development Co., Ltd. for late delivery of houses and exemption.

Key points of the judgment: the contract in this case was signed in October 2OO3, and Chongqing was affected by SARS from April to June 2003. therefore, the influence of SARS cannot be the reason for the appellant to be exempted from liability.

(3) Appeal Case of Technical Contract Dispute between Aide Biotechnology Development (China) Co., Ltd. and Shandong Wo Moumou Pharmaceutical Technology Co., Ltd.-Shandong Higher People's Court (2005) Lu Min San Zhong Zi No. 30

Case Brief: Shandong Weifang Pharmaceutical Group Co., Ltd. Traditional Chinese Medicine Factory and Aide Company signed a "Diagnostic Reagent New Biological Product Certificate Transfer Agreement. The agreement stipulates that Ed Company will independently develop and jointly declare with the former Lanzhou Blue Cross Biotechnology Co., Ltd. to obtain the new biological product certificate and then exclusively transfer it to Wo Moumou Company, and assist Wo Moumou Company to obtain the corresponding product production approval number. Later, the overall work progress of Ed Company was affected due to SARS. The focus of the dispute in this case is as follows: whether "SARS" can become a force majeure factor affecting Ed's declaration and whether Ed is in breach of contract.

Key points of the judgment: the court believes that the overall work progress of the appellant was affected by the "SARS" as claimed by Ed Company, and the defense is obviously sophistry. As we all know, the "SARS" period was from April to May 2003, and the performance period of this contract expires on July 10, 2002, and the grace period for performance ends at the end of October and the beginning of November 2002. Even if "SARS" is recognized as a force majeure factor by the relevant authorities, force majeure occurs after the performance of Ed Company is overdue (delayed performance). According to Article 117 of the Contract Law, "If force majeure occurs after the party delays performance, it cannot be exempted from liability". Accordingly, Ed's justification is clearly untenable, and there is no evidence to prove that SARS can be a force majeure factor affecting Ed's declaration, and there is no authority to determine whether SARS is a force majeure factor.

(4) Appeal Case of Dispute over Housing Sales Contract between Sun Xiuyan and Shenyang Xinzhongcheng Real Estate Development Co., Ltd.-Shenyang Intermediate People's Court of Liaoning Province (2005) Shen Min (2) Fang Zhong Zi No. 799

Case Brief: Sun Xiuyan and Xinzhong City Company signed an Agreement on April 25, 2003, agreeing that Sun Xiuyan would purchase a commercial house developed by Xinzhong City Company. After that, both parties signed a Commercial House Sales Contract, agreeing that Sun Xiuyan would purchase a commercial house developed by Xinzhong City Company before September 30, 2003. In case of force majeure, moreover, if the New Zhongcheng Company informed Sun Xiuyan after the occurrence of the situation, the New Zhongcheng Company could postpone it according to the facts. Later, due to the influence of SARS, the New Zhongcheng Company failed to deliver the house as agreed. The focus of the dispute in this case is: whether the "SARS" epidemic proposed by the New Zhongcheng Company is force majeure, and whether the New Zhongcheng Company can be exempted from the liability for breach of contract for overdue delivery.

Referee points: "As for the" SARS "epidemic proposed by the New Midtown Company is force majeure, the New Midtown Company should be exempted from liability for breach of contract. Although the SARS epidemic broke out in China in the spring and summer of 2003, Xinzhong City Company should foresee that the SARS epidemic might affect its normal construction when signing the Agreement with Sun Xiuyan (June 21, 2003), but it still agreed in the Agreement to deliver the commercial housing to Sun Xiuyan by the end of September 2003, and Xinzhong City Company admitted that" the project was basically completed in early September 2003, only acceptance ", the" Commercial Housing Sales Contract "signed with Sun Xiuyan on September 28, 2003 also stipulated that" the delivery date is before September 30, 2003 ", indicating that the" SARS "epidemic did not affect the delivery of the house. Therefore, in this case, the New Zhongcheng Company cannot be exempted from the responsibility for breach of contract for all overdue delivery. Therefore, the New Zhongcheng Company's appeal claim is not supported by this court."

2, do not support the late delivery of housing two: commercial housing presale contract signing time in the epidemic prevention and control period, the contract agreed on the delivery time in the epidemic prevention and control period, the epidemic prevention and control did not have a substantial impact on the developer on time delivery of housing, developers have no right to advocate the extension of the delivery of housing.

(1) Zhang Xiaowei and the appellant Shenyang Xinzhongcheng Real Estate Development Co., Ltd. over a dispute over a housing sales contract (2005) Shen Min (2) Fang Zhong Zi No. 802

Case Brief: The two parties signed the "Agreement" on May 26, 2003, agreeing that Zhang Xiaowei would purchase a garage developed in Shenyang Xinzhong City. After that, the two parties signed two "Commercial Housing Sales Contracts", agreeing that Zhang Xiaowei would purchase the garage before September 30, 2003. If force majeure is encountered and the defendant informs the plaintiff after the occurrence of the situation, the defendant may postpone it according to the facts. Later, due to the impact of SARS, New Zhongcheng Company did not deliver the house as agreed. The focus of the dispute in this case is: whether the "SARS" epidemic proposed by New Zhongcheng Company is force majeure, and whether New Zhongcheng Company should be exempted from the liability for breach of contract for late delivery of the garage.

Referee points: The "SARS" epidemic proposed by New Mid-City Company is force majeure and should be exempted from the issue of New Mid-City Company's liability for breach of contract. Although the SARS epidemic broke out in China between the spring and summer of 2003, Xinzhong City Company should have foreseen the impact of the SARS epidemic on its normal construction when signing the Agreement with Zhang Xiaowei (May 26, 2003), but it still agreed in the Agreement to deliver the commercial housing to Zhang Xiaowei by the end of September 2003, and Xinzhong City Company admitted that "the project was basically completed in early September 2003, only acceptance was required", the "Commercial Housing Sales Contract" signed with Zhang Xiaowei on September 26, 2003 also stipulated that "the delivery date is before September 30, 2003", indicating that the SARS epidemic did not affect the delivery of the house. Therefore, in this case, Xinzhong City Company cannot be exempted from the liability for breach of contract for all overdue delivery of the house. Therefore, the court does not support this appeal claim of Xinzhong City Company.

3, do not support the late delivery of housing exemption three: commercial housing presale contract signing time in the epidemic prevention and control period, the epidemic prevention and control is not unforeseen, does not constitute force majeure, developers have no right to advocate the extension of the delivery of housing.

(1) Shanghai Xinchang Real Estate Management Co., Ltd. and Wei Min Commercial Housing presale Contract Dispute Case Second Instance Civil Judgment (2006) Hu Er Zhong Min Er (Min) Zhong Zi No. 1006

Case Brief: On March 2, 2003, Wei Min, Xu Xiaomin, Wei Meiwen (hereinafter referred to as Wei Min and others) and Shanghai Xinchang Real Estate Management Co., Ltd. (hereinafter referred to as Xinchang Company) signed the "Shanghai Commercial Housing presale Contract", agreeing that Wei Min and others The three purchased a commercial house somewhere in Shanghai from Xinchang Company, and later due to SARS, Xinchang Company postponed the delivery of the house. The focus of the dispute in this case is: whether the SARS epidemic is force majeure, whether Xinchang Company's reason for deducting the 7-day delay in the delivery of the house is established, and whether Xinchang Company should pay Wei Min and other three people liquidated damages for the delay in the delivery of the house as agreed in the contract.

Key points of the referee: During the SARS impact period, both parties signed a commercial housing presale contract. The SARS epidemic is not force majeure. Xinchang Company's reason for deducting the 7-day delay in the delivery of the house is not valid.

4, support for overdue delivery of housing exemption: commercial housing presale contract delivery time in the epidemic prevention and control period or after, really due to the impact of the epidemic prevention and control can not be delivered on time resulting in delayed delivery of housing, developers have the right to claim to postpone the delivery of housing.

(1) Yin Wenmin and Sanya Changyuan Property Development Co., Ltd. Appeal Case of Dispute over Commercial Housing presale Contract (2005) Sanya Minyi Zhong Zi No. 79

Case Brief: On November 10, 2002, Yin Wenmin and Changyuan Company signed the "Sanya Changyuan Commercial Plaza Boutique Purchase and Sale Contract", agreeing to purchase the first floor house of "Tianya Yifang City". After the outbreak of SARS in my country, the Sanya City Construction Bureau issued the "Emergency Notice on Prohibition of Employment of Migrant Workers from the Island during the Prevention and Control of SARS", which caused the government to take necessary administrative measures to prohibit the employment of migrant workers from the island, this led to delays and delays in the delivery of the house by Changyuan Company. The focus of the dispute in this case is whether Changyuan Company can claim exemption from liability for the delay in the delivery of the house due to the government's actions during the SARS period.

The main points of the judgment: for the impact of the SARS epidemic, the occurrence of the epidemic was unpredictable and inevitable, and it was insurmountable under the conditions of health and medical technology at that time, which led the government to take necessary administrative measures to prohibit the employment of migrant workers outside the island. Before the date when the government issued a document prohibiting the employment of migrant workers from outside the island, Changyuan Company had signed construction contracts with a number of construction companies, but due to the large-scale outbreak of the SARS epidemic in April 2003, all localities have taken measures to strictly control the random movement of a large number of people, and objectively the subject matter construction workers (migrant workers) involved in this case are mainly from outside the island, the control of the flow of migrant workers has objectively led to the delay of the construction of the construction enterprises, and it should be determined that the "SARS" epidemic constitutes a force majeure factor for the completion of the construction of the "Tianya One City" project. At the same time, the notice of the functional departments of Sanya City Government on the prohibition of hiring migrant workers from outside the island during the SARS period is also a government intervention effect agreed in the contract, so Changyuan Company can claim exemption from responsibility for the delay in the delivery of the house due to the delay in the construction period during the SARS period.

 

The performance risk and typical cases of 3. commercial housing lease contract.

Real estate enterprises that own commercial properties for external leasing are affected by the epidemic, and the lessee involved in catering, entertainment and other industries will temporarily suspend production and business, based on this, real estate enterprises also have the risk of terminating the lease contract or reducing rent.

1. Civil Judgment of First Instance on Dispute over Lease Contract between Jiang Kesong and Wu Qinghai-People's Court of Xuanzhou District, Xuancheng City, Anhui Province-Civil Judgment-(2019) Anhui 1802 Minchu No. 932

Brief case: the plaintiff and the defendant signed a pig farm lease contract, which agreed that the plaintiff would lease the fattening pig farm owned by the defendant for pig breeding. after the contract was signed, due to the influence of African swine fever, the baniqiao town government issued a document requiring units and individuals engaged in pig breeding in other places to shut down the pig farm before January 30, 2019. therefore, the plaintiff returned the fattening pig farm to the defendant on January 16, 2019. The focus of the dispute in this case is: due to the impact of African swine fever, the government requires foreign pig farmers to shut down, whether it is force majeure, the original and defendant lease contract can not continue to perform, whether the defendant should refund the lease fee and deposit.

Key points of the decision: The court held that the original and defendant pig farm lease contracts were legal and valid. Later, because the people's government of raccoon bridge town, Xuanzhou district, Xuancheng city required units and individuals engaged in pig breeding in other places to shut down the pig farm before January 30, 2019, the plaintiff stopped raising pigs on January 16, 2019, and the defendant issued a document. Due to the impact of African swine fever, the government requires foreign pig farmers to shut down, which is force majeure, the original and defendant lease contract can not continue to perform, the defendant should refund the lease fee and deposit. The defendant argued that the contract should continue to be performed without factual and legal basis, and the court did not accept it. Therefore, the court supports the plaintiff's claim.

2. Appeal Case of Dispute over Housing Lease Contract between Shanghai Paipu Entertainment Co., Ltd. and Shanghai New Huangpu (Group) Co., Ltd.-Shanghai Second Intermediate People's Court-Civil Judgment-(2004) Hu Er Zhong Min Er (Min) Zhong Zi No. 354

Case Introduction: Shanghai Paipu Entertainment Co., Ltd. signed a house lease contract with Shanghai New Huangpu (Group) Co., Ltd., and the entertainment industry was closed due to the impact of the SARS epidemic. The focus of the dispute in this case is: the SARS epidemic occurred in 2003 The entertainment industry closed down in response to the requirements of government departments to prevent and control SARS. Whether the lessee has the right to claim rent reduction or exemption for the three months of suspension.

Key Points of Judgment: The Court believes that it is a well-known fact that the SARS epidemic occurred in China in the spring and summer of 2003, and that the entertainment industry closed down in response to the requirements of government departments to prevent SARS at that time. Therefore, according to the principle of fairness, the appellant's reason that the rent for 3 months should be exempted is established, and the Court supports it. Therefore, the rent owed by the appellant should be deducted for 3 months.

3. Appeal Case of Dispute over Housing Lease Contract between Xinchang Xingmao Catering Service Co., Ltd. and Wang Wenchao-Civil Judgment of Shaoxing Intermediate People's Court of Zhejiang Province-(2008) Shao Zhongmin Yi Zhong Zi No. 143

Case Brief: On April 17, 2001, Xinchang Xingmao Catering Service Co., Ltd. signed a house lease contract with Wang Wenchao House. Xinchang Xingmao Catering Service Co., Ltd. leased the entire set of equipment located on the second floor of No. 42 Hengjie, Chengguan Town to Wang Wenchao for performing arts. The lease period was three years. Later, due to the SARS epidemic, Xinchang County Culture and Sports Bureau issued a document requiring performing arts venue to suspend business from April 24, the actual suspension of business for two months. The focus of the dispute in this case is whether the suspension of business during the SARS period can be exempted from rental fees.

Key points of the decision: the amount of the lease payable by the appellant. The dispute between the two sides is whether the suspension of business during the SARS period can be exempted from rental fees. According to the regulations of the local cultural authority, business was suspended during the SARS period. Under the conditions of specific historical events, it was reasonable for the appellee to request exemption from rent during this period. In combination with the fact that both parties performed their obligations before and after the incident, and the appellant did not immediately recover the lease payment during this period, the court of first instance found that it was reasonable for the appellant to agree to reduce the lease fee.

4. Xiangyuan County Wuyang New Century Co., Ltd., Wang Shuwen and Guo Hongwei Civil Judgment of Second Instance on Dispute over Lease Contract-Shanxi Changzhi Intermediate People's Court-Civil Judgment-(2018) Jin 04 Minzong No. 2272

Case Brief: On September 26, 2002, New Century Company signed a lease contract with Guo Hongwei. In April 2003, when SARS hit, the hotel was closed for five months in accordance with the requirements of relevant government departments to fight SARS. In April 2004, the Yuhuang Highway in front of the hotel was widened and renovated. By October 1 of that year, the hotel was forced to close down again for 5 months. The focus of the dispute in this case is: the hotel to fight against SARS closed, the hotel in front of the Yushuang Road widening renovation, whether it is force majeure, force majeure during the lessee has no operating income, whether the lessee should be exempted from rent in accordance with the law.

Key points of the referee: the lessee in this case has just operated the hotel. in April 2018, the hotel closed down for five months to fight against SARS. in may 2014, the hotel closed for another five months after the widening and renovation of yuhuang road in front of the hotel. SARS and the widening and renovation of yuhuang road are all unforeseen, inevitable and insurmountable objective situations when concluding the contract, which are force majeure, during the period of force majeure, the lessee has no operating income, and the lessee shall be exempted from 10 months' rent of 11 ÷ 12 × 10 ≈ 91667 yuan according to law.

5. Li Peiyan, Second Instance Civil Judgment of the Dispute over the Right of Recovery of Xiguan Residents Committee, Yong 'an Road Street, Laizhou City-Yantai Intermediate People's Court, Shandong Province-(2018) Lu 06 Min Zhong No. 268

Case Brief: On January 1, 2002, Xiguan Neighborhood Committee and Li Peiyan signed a lease contract. The contract stipulated that Xiguan Neighborhood Committee would lease the houses, equipment and low-value consumables of Laizhou Passenger Hotel to Li Peiyan for operation. The lease period was three years. Later, due to the impact of the SARS epidemic, the hotel rented by Li Peiyan was closed. The focus of the dispute in this case is whether the SARS epidemic is an unpredictable disaster, and whether the economic losses caused by the closure of the hotel rented by Li Peiyan should be appropriately reduced or exempted.

Key points of the judgment: The SARS epidemic was an unpredictable disaster. The hotel rented by the appellant Li Peiyan was closed down, causing economic losses to exist objectively. Members of the two committees of the Xiguan Neighborhood Committee signed and confirmed that the loss was beyond the scope of market risks. The principle of change of circumstances was applied in the original trial to appropriately reduce part of the rental fee, which was based on the law.

6. Appeal Case of Dispute over Contract Management Contract between Luoyang Highway Transportation Management Office and Luoyang Xinhua Real Estate Development Company-Civil Judgment of Luoyang Intermediate People's Court of Henan Province-(2008) Luo Min Zhong Zi No. 2021

Case Brief: On July 10, 2000, Luoyang Highway Transportation Management Office of Henan Province and Luoyang Xinhua Real Estate Development Company signed a "Contract Operation Agreement". The agreement stipulates that Luoyang Highway Transportation Management Office of Henan Province will contract its star-rated hotels with opening conditions to Luoyang Xinhua Real Estate Development Company for operation, with the contract period from October 10, 2000 to October 10, 2005. In September 2003, the national epidemic of SARS, during which Luoyang Xinhua Real Estate Development Company was forced to suspend business for 6 months. The focus of the dispute in this case is whether the six-month rent of 188299.9 yuan during the closure of Luoyang Xinhua Real Estate Development Company during the SARS period should be borne by the Highway Transportation Management Office of Luoyang City, Henan Province.

Key Points of Judgment: On the question of whether the rent of 188299.9 yuan for 6 months during SARS should be borne by the plaintiff. SARS, which occurred in all parts of the country from April to September 2003, was an extraordinary period. During this period, both the plaintiff and the defendant suffered economic losses. According to the principle of fairness stipulated by law, the losses should be jointly borne by the plaintiff and the defendant. Therefore, the plaintiff should refund the defendant's rent of 94149.95 yuan at 50% of 188299.9 yuan.

 

Part III: Application of normative documents for epidemic control in Shandong Province (involving housing enterprises and construction units)

Relevant Policy Document on "Novel Coronavirus-Sexually Transmitted Pneumonia" Issued by Shandong Province, 1. 1

(I) "Shandong Province after the Spring Festival work new coronavirus infection pneumonia epidemic prevention and control work rules" (for the resumption of work protection requirements) 1.

(II) Provincial Leading Group Office for Epidemic Disposal Issued Opinions "Make every effort to do a good job in the prevention and control of the epidemic situation in enterprises that resume work and production" (there are protective requirements for the resumption of work) 13.

(III) Provincial Leading Group Office of Epidemic Disposal Work Issued Relevant Notices to Do a Good Job in Medical Treatment of Confirmed Patients Standardized Collection and Disposal of Abandoned Masks 17

(IV) "Emergency Notice on Doing a Good Job in Starting Business of Enterprises and Institutions Involving Important National Livelihood" 19

Notice of the General Office of the People's Government of Shandong (V) Province on Ensuring the Supply of Daily Living Materials for Residents and Stabilizing Market Prices during the Prevention and Control of the Pneumonia Epidemic Caused by Novel Coronavirus

(VI), Further Strengthening the Prevention and Control of the New Coronavirus Infected Pneumonia Epidemic (with protective requirements for resumption of work) 24

Notice (VII) Shandong Provincial Department of Human Resources and Social Security on Forwarding the Notice of the General Office of the Ministry of Human Resources and Social Security on Issues Related to the Personnel Management of Public Institutions during the Prevention and Control of the Pneumonia Epidemic Infected by Novel Coronavirus (2020) No.6 28

(VIII) "Emergency Notice of Shandong Provincial Department of Human Resources and Social Security on Delaying the Resuming of Enterprises in the Province" Lu People's Society Zi [2020] No. 10 31

(IX) "Shandong Provincial Department of Human Resources and Social Security on the positive response to the new coronavirus infection pneumonia epidemic situation to do a good job in labor relations notice" Lu people's society letter [2020] 5 33

(X) "Emergency Notice on Solid Prevention and Control of New Coronavirus Infected Pneumonia Epidemic" (for enterprises to resume work with protection requirements) 36

(11) Notice of the Higher People's Court of Shandong Province on Doing a Good Job in Current Trial Execution

(xii) Notice of the Higher People's Court of Shandong Province on the Adjustment of Litigation Services during the Prevention and Control of the Novel Coronavirus Infected Pneumonia Epidemic 40

(xiii) "Notice on optimizing the work of medical insurance management services of designated medical institutions under the provincial agreement during the prevention and control of the epidemic" Lu Medical Insurance Center Letter [2020] No. 2 40

(14) Notice of Shandong Provincial Medical Security Bureau on the prevention and control of pneumonia caused by novel coronavirus infection in the province's medical security system-Lu Medical Insurance Mingdian [2020] No. 1 43

(15) Circular of Shandong Provincial Public Security Department on severely punishing illegal and criminal acts involved in epidemic prevention and control according to law 45

(16) "Several Opinions of the General Office of the People's Government of Shandong Province on Responding to the New Coronavirus Infection Pneumonia Epidemic and Supporting the Stable and Healthy Development of Small and Medium-sized Enterprises"-Lu Zheng Office [2020] No. 4 47

(17) Notice of Shandong Provincial Department of Finance on matters related to the on-site bid evaluation activities of government procurement projects during the epidemic of pneumonia infected by novel coronavirus 49

(XVIII) Notice on Doing a Good Job in Handling Administrative Licenses during Epidemic Prevention and Control 50

(xix) Emergency Notice on Strengthening the Prevention and Control of the Novel Coronavirus Epidemic at Construction Sites 54

(20) "Notice of Shandong Provincial Market Supervision Administration on the Prevention and Control of Pneumonia Infected by Novel Coronavirus by Catering Service Providers" Lu Municipal Supervision Notice [2020] No. 10 57

(21) "Shandong Provincial Market Supervision Administration on the full implementation of the enterprise registration" zero meeting "approval notice" Lu City Supervision Notice [2020] No. 11 59

(22) "Notice of the Shandong Provincial Department of Finance, the State Administration of Taxation, the Shandong Provincial Development and Reform Commission of the Shandong Provincial Taxation Bureau, and the Shandong Provincial Department of Civil Affairs on earnestly implementing the tax and fee policies related to the prevention and control of the new coronavirus pneumonia epidemic" Lu Caishui [2020] No. 3 61

(23) "Tips of the State Administration of Taxation Shandong Provincial Taxation Bureau on Preventing the Spread of Novel Coronavirus" Lu Caishui [2020] No. 3 64

(xxiv) Interpretation of the Labor Relations Policy for Delayed Resuming of Work by Enterprises in the Province 66

(xxv) Announcement on Matters Relating to the Appraisal of Labor Capacity during the Prevention and Control of Novel Coronavirus Pneumonia 67

(26) "Notice of Shandong Provincial Department of Human Resources and Social Security, Shandong Provincial Department of Finance, Shandong Provincial Health and Health Commission on Forwarding Security Issues for Medical Care and Related Staff Infected with Novel Coronavirus Pneumonia Due to Performance of Work Duties-Lu People's Society Letter [2020] No. 4" 68

2. Jinan City on the "new coronavirus infectious pneumonia" related policy documents 69

(I) Notice on Strict Implementation of Main Responsibility and Effective Prevention and Control of Epidemic Diseases (with protective requirements for resumption of work) 69

(II) City's Leading Group for the Disposal of New Coronavirus-Infected Pneumonia Outbreak Issued Notice "Do a Good Job in Workplace Epidemic Prevention and Control" (Protection Requirements for Enterprises to Resuming Work) 71

The Office of the Leading Group for the Disposal of the Pneumonia Epidemic Infected by the New Coronavirus in (III) issued a notice "Enterprises shall report to the headquarters of the local districts and counties when starting production" (there are protective requirements for enterprises to resume work) 72

Circular of the Ministry of (IV) on the Implementation of Active Reporting and Isolated Medical Observation Measures for Returned Persons from Foreign Countries in the Province 74

Notice 76 (V) Forwarding the Notice on Issues Related to the Determination of Illegal Acts of Price Raising during the Prevention and Control of the Pneumonia Epidemic Infected by Novel Coronavirus

(VI) "Emergency Notice on Strengthening the Prevention and Control of the New Coronavirus Epidemic at Construction Sites" (with protective requirements for enterprises to resume work) 79

(VII) Notice of the Executive Board of the Intermediate People's Court of Jinan City on Matters Related to the Implementation of the Prevention and Control of the New Coronavirus Infected Pneumonia Epidemic

(8) Notice of Jinan Intermediate People's Court on Doing a Good Job in Current Trial Execution 83

(ix) Notice of the Intermediate People's Court of Jinan City on Filing Cases and Litigation Services during the Prevention and Control of the Novel Coronavirus Epidemic 84

(10) Announcement of Jinan Intermediate People's Court on Suspension of Receiving Visits from the Masses 85

(11) "Emergency Notice on Further Strengthening the Prevention and Control of the Pneumonia Epidemic Infected by Novel Coronavirus in the Property Management Area of the City" 86

(12) Emergency Notice on Immediately Carrying out Cleaning and Disinfection of Elevators in Property Management Areas 91

(xiii) Emergency Notice on the Prevention and Control of the Pneumonia Epidemic Infected by Novel Coronavirus in Public Construction Projects such as Office Buildings and Office Buildings 93

(xiv) Several Policy Opinions on Actively Responding to the Epidemic and Promoting the Healthy Development of Small, Medium and Micro Enterprises 94

3. Jinan Lixia District on the "new coronavirus infectious pneumonia" related policy documents 97.

Notice of the Administrative Reconsideration Office of the People's Government of Lixia District, Jinan City, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 97

4. Jinan Changqing District on the "new coronavirus infectious pneumonia" related policy documents 99

Notice of the Judicial Bureau of Changqing District, Jinan City, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 99

Notice of the Judicial Bureau of Changqing District, Jinan City, (II) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 100

Notice of the Ministry of (III) on Strengthening the Management of Construction Personnel after the Festival (Protection Requirements for Resuming Work in Enterprises) 102

5. Jinan Zhangqiu District on the "new coronavirus infectious pneumonia" related policy documents 103

Notice of the Judicial Bureau of Zhangqiu District, Jinan City, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 103

6. Jiyang District of Jinan City on the "new coronavirus infectious pneumonia" related policy documents 105

Notice of the Jiyang District Bureau of Justice of Jinan City, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 105

7. Jinan Laiwu District on the "new coronavirus infectious pneumonia" related policy documents 107

Notice of the Judicial Bureau of Laiwu District, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 107

8. Jinan Gangcheng District on the "new coronavirus infectious pneumonia" related policy documents 108

Notice of the (I) of Public Security on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 108

Announcement of Jinan Medical Security Bureau of (II) on Issuing the Service Guide for Business Management during Epidemic Prevention and Control 109

Relevant Policy Document of Pingyin County, Jinan City, 9. on "Novel Coronavirus Infectious Pneumonia" 111

Notice of the (I) Pingyin County Labor and Personnel Dispute Arbitration Commission on Matters Related to Arbitration during Epidemic Prevention and Control 111

Circular of the (II) of Public Information on Severely Cracking Down on Illegal and Criminal Acts during the Prevention and Control of the Pneumonia Infected by Novel Coronavirus 113

Notice of the Ministry of (III) on the Implementation of Active Reporting and Isolated Medical Observation Measures for Returned Persons from Foreign Countries in the Province 115

Notice of the (IV) of Public Security on Doing a Good Job in Emergency Psychological Crisis Intervention for Pneumonia Infected by Novel Coronavirus 117

Notice of the Ministry of (V) on Resolutely Implementing the "Four Hundred Percent" and Effectively Blocking the Epidemic Infection 119

Notice of the Ministry of (VI) on the treatment of key personnel and the collection, transportation and disposal of waste such as discarded masks during the treatment of pneumonia caused by novel coronavirus infection 120

Notice of (VII) Pingyin County Public Security Bureau on Doing a Good Job in Epidemic Prevention and Control (II) 122

Announcement of (VIII) Pingyin County Public Security Bureau on Doing a Good Job in Epidemic Prevention and Control 123

(IX) of Pingyin County Market Transaction Management Epidemic Prevention and Control Leading Group on Suspending Livestock and Poultry Trading and Slaughter Activities 125

10. Jinan High-tech Zone on the "new coronavirus infectious pneumonia" related policy documents 126

Notice of the Administrative Reconsideration Office of the Administrative Committee of Jinan High-tech Zone, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 126

Notice of the (II) of Public Security on the business of applying for work-related injury insurance benefits during the prevention and control of the epidemic 127.

Notice of (III) High-tech Zone on the application of unemployment insurance benefits during the prevention and control of the epidemic 129.

XI. 131 of the relevant policy documents of the new and old kinetic energy advance area of Jinan City on "new coronavirus infectious pneumonia".

Notice of the Administrative Committee of the Leading Zone for the Conversion of New and Old Kinetic Energy in Jinan, (I) on Matters Related to Administrative Reconsideration during Epidemic Prevention and Control 131

12. Jinan Laiwu High-tech Zone on the "new coronavirus infectious pneumonia" related policy documents 134.

Notice of (I) 134 on Suspending Reception of Visits from the Masses

(II) initiative on the wearing of masks in public places 135

Notice of the People's Court of Laiwu District, Jinan City, Shandong Province on Litigation-related Matters during the Prevention and Control of the Novel Coronavirus Epidemic 136.