Interpretation of the Supreme People's Court on Applicable Legal Issues Concerning the Trial of Disputes over Construction Contr
According to the "General Principles of Civil Law of the People's Republic of China," "The People's Republic of China Contract Law," "The People's Republic of China Tendering and Bidding Law," and "The People's Republic of China Civil Procedure Law," and other legal provisions, combined with the actual practice of civil trials, the trial of construction project construction contract disputes. The law applies to the case and this interpretation is formulated.
Article 1 If a construction project construction contract has one of the following circumstances, it shall be deemed as invalid according to the provisions of Item (5) of Article 52 of the Contract Law:
(1) The contractor has not obtained the qualification of the construction enterprise or exceeds the qualification level;
(2) The actual construction person with no qualification borrows the name of a qualified construction company;
(3) The construction project must be tendered without bidding or the bid is invalid.
Article 2 The construction project construction contract is invalid, but if the construction project is qualified after the completion of construction and the contractor requests payment of the project price in accordance with the contract, it shall be supported.
Article 3 The construction project construction contract is invalid, and if the construction project fails to pass the completion acceptance, it shall be dealt with separately according to the following circumstances:
(1) After the repaired construction project is qualified for completion and acceptance, and the contractor requests the contractor to bear the restoration cost, it shall support it;
(2) If the construction project after repair fails to pass the acceptance check and the contractor requests payment for the project price, it will not support it.
If the contractor is at fault due to the failure of the construction project, he shall also bear the corresponding civil liability.
Article 4 The contractor's illegal subcontracting, unlawful subcontracted construction projects or the practice of a qualified construction person borrowing a qualified construction company to sign a construction project construction contract with another person is invalid. The People's Court may, in accordance with the provisions of Article 134 of the General Principles of the Civil Law, collect the illegal gains the parties have obtained.
Article 5 The contractor shall sign a construction project construction contract beyond the business scope of the qualification grade license, and obtain the corresponding qualification grade before the construction project is completed. If the party requests to deal with the invalid contract, it shall not support it.
Article 6 The parties concerned have stipulations on the advances and advances in interest, and if the contractor requests the return of advances and interest in accordance with the agreement, it shall be supported, but the agreed interest calculation standard is higher than the part of the People's Bank of China issued the same period of interest rates for the same period. except.
If the parties have no agreement on the advancement of the deposit, they shall be dealt with according to the project’s debts.
The parties have no agreement on the advancement of interest, and the contractor does not support the payment of interest.
Article 7 Labor contract subcontracts signed by contractors with legal qualifications for labor operations, contractors and subcontractors shall not be supported if the parties request the confirmation of invalidity on the ground that the subcontracted construction projects violate the law.
Article 8 The contractor has one of the following circumstances. If the contractor requests the lifting of the construction project construction contract, it shall support:
(1) clearly express or act to show that the main obligations of the contract are not fulfilled;
(2) Failure to complete within the time limit stipulated in the contract, and it has not been completed within a reasonable period of time as announced by the contractor;
(3) The quality of the construction project that has been completed is unqualified and the repair is refused;
(4) Unlawfully subcontracting and illegally subcontracting the contracted construction project.
Article 9 The Employer has one of the following circumstances, resulting in the Contractor’s failure to perform the construction and failing to perform the corresponding obligations within a reasonable time limit of the reminder. If the Contractor requests the cancellation of the construction project construction contract, it shall support:
(1) Failure to pay the project price as agreed;
(2) The main building materials, construction components, fittings and equipment provided do not meet the mandatory standards;
(3) Failing to perform the assistance stipulated in the contract.
Article 10 After the construction project construction contract is lifted, if the quality of the construction project that has been completed is qualified, the contract-issuing party shall pay the corresponding project price in accordance with the contract; if the quality of the completed construction project is unqualified, reference shall be made to the provisions of Article 3 of this Interpretation.
If one party terminates the contract due to breach of contract, the defaulting party shall compensate for the losses caused to the other party.
Article 11 If the quality of the construction project does not conform to the stipulations due to the fault of the contractor, and the contractor refuses to repair, rework or remodel, the contractor's request for reduction of the payment for the project price shall be supported.
Article XII of the contractor has one of the following circumstances, causing defects in the quality of construction projects, should bear the fault liability:
(i) The design provided is defective;
(2) The building materials, construction components, and equipment provided or designated for purchase do not meet the mandatory standards;
(3) Directly appoint subcontractors to subcontract professional projects.
If the contractor is at fault, it should also bear the corresponding fault liability.
Article 13 If the construction project has not been completed and accepted and the contractor has used it without authorization, and he claims rights based on the fact that some of the quality is not in conformity with the contract, he shall not support it; but the contractor shall base on the foundation during the reasonable service life of the construction project. The quality of the project and the main structure bear civil liability.
Article 14 If the parties have disputes over the actual completion date of the construction project, they shall be dealt with separately according to the following circumstances:
(1) If the construction project is qualified for acceptance after completion, the date of completion of acceptance of the completion project shall be deemed to be the completion date;
(2) The contractor has submitted a completion acceptance report, and if the contractor delays acceptance, the date on which the contractor submits the acceptance report is the completion date;
(3) If the construction project has not been completed and accepted and the contractor has used it without permission, the date of completion of the transfer shall be the date of completion of the construction project.
Article 15 Before the construction project is completed, the parties concerned dispute the quality of the project. If the quality of the project is qualified, the appraisal period shall be the duration of the extension period.
Article 16 Where the parties concerned have stipulated the pricing standards or pricing methods for construction projects, the project price shall be settled according to the agreement.
If the amount of work or quality of the construction project changes due to design changes, and the parties concerned cannot agree on the price of the part of the project, the price of the project may be settled by reference to the pricing method or the pricing standard issued by the local construction administrative department when signing the construction project construction contract.
The construction project construction contract is valid, but if the construction project fails to pass the completion acceptance, the settlement of the project price shall be handled in accordance with the provisions of Article 3 of this Interpretation.
Article 17 If the parties have stipulated the standard for calculating the interest payment owed to the project price, they shall be dealt with in accordance with the stipulations. If there is no agreement, interest rates shall be calculated according to the interest rate of the same period issued by the People's Bank of China during the same period.
Article 18 Interest is paid on the date of payment of the project price. Where the parties have no agreement on the time of payment or the agreement is not clear, the following time shall be deemed as the time of payment:
(1) The date of delivery of the construction project that has actually been delivered;
(2) If the construction project is not delivered, the date of submission of the settlement document shall be submitted;
(3) Where the construction project has not been delivered and the project price has not been settled, it shall be the date of the prosecution of the party.
Article 19 Where the parties concerned dispute the quantity of works, they shall be confirmed in accordance with the written documents such as the visas formed during the construction process. If the contractor can prove that the contractor agrees to the construction, but fails to provide the visa documents to prove that the amount of the project has occurred, the contractor may confirm the actual amount of the project in accordance with other evidence provided by the party.
Article 20 The parties agree that after receiving the completion settlement document, the contract-issuing party shall not reply within the agreed period and shall be deemed to have accepted the completion settlement document, and shall handle it in accordance with the agreement. If the contractor requests to settle the project price in accordance with the settlement settlement document, it shall support it.
Article 21 If the substantive contents of a construction project construction contract entered into separately for the same construction project and that of a successful bid-winning contract are inconsistent, the successful bid contract shall be used as the basis for the settlement project price.
Article 22 The parties agree to settle the project price at a fixed price. If one party requests to appraise the construction project cost, it will not support it.
Article 23 Where the parties have disputes over the facts of some cases, only the controversial facts shall be appraised, but the scope of the disputed facts cannot be determined, or the two parties request a confirmation of all the facts.
Article Twenty-four construction project construction contract disputes with the construction site for the performance of the contract.
Article 25 Where disputes arise over the quality of a construction project, the contract-issuing party may file a lawsuit with the general contractor, subcontractors and actual defenders as joint defendants.
Article 26 If an actual construction person sues a subcontractor or an illegal subcontractor as a defendant, the people's court shall accept it according to law.
If the actual construction person claims rights to the defendant as the defendant, the people's court may add the subcontractor or the illegal subcontractor as the party involved in the case. The contractor only assumes responsibility for the actual construction personnel within the scope of the outstanding project price.
Article 27 If the warranty person fails to perform the warranty obligation in a timely manner, resulting in damage to the building or damage to persons or property, the warranty shall be liable for compensation.
Where the warranty and the owner of the building or the contractor are at fault for the damage to the building, they shall bear corresponding responsibilities.
Article 28 This interpretation shall come into effect on January 1, 2005.
This interpretation shall apply to cases of first instance that are accepted after implementation.
If the judicial interpretation issued by the former Supreme People's Court contravenes this interpretation, this interpretation shall prevail.