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[I do practical things for the masses] Break the deadlock and resume work to avoid the end of a 430 million yuan construction project

author:Nakahara shield

In November 2021, Honggang Real Estate successfully obtained the pre-sale license for commercial housing in Jingang Garden. The successful handling of the pre-sale permit marks the smooth resumption of construction of the construction project that has been suspended for nearly two years. After receiving the pre-sale permit, the general manager of Honggang Real Estate said excitedly: "Thank you to the Hong Kong District Court, thank you to the judges, think about what the enterprise thinks, be anxious about the enterprise's urgency, and avoid the project from falling into a bad end." ”

Safeguard the legitimate rights and interests of the home buyers to mediate contradictions and disputes

Jingang Garden Community Construction Project is located in the southern core area of Zhengzhou Airport Economic Comprehensive Experimental Zone, covering an area of 123 acres and a construction area of 280,000 square meters, involving more than 1,600 sets of workers in Zhengzhou First People's Hospital.

In October 2016, Honggang Real Estate signed a construction contract with the Fifth Company of China Railway Seventh Bureau for the construction of jingang Garden Community. The total contract amount is 430 million yuan. During the construction process, the two sides repeatedly contradicted each other due to the progress, quality and payment of the project. In February 2020, the two sides again had disputes over settlement, payment of project payments, etc., coupled with the impact of the new crown epidemic, the Fifth Company of China Railway Seventh Bureau stopped the construction of the project. In March 2021, Honggang Real Estate sued the Fifth Company of China Railway Seventh Bureau to the Zhengzhou Airport Experimental District Court, demanding payment of various expenses such as construction delay losses totaling more than 57.69 million yuan.

After the case was accepted, the Zhengzhou Airport Experimental District Court, after carefully analyzing and judging the facts of the case, considered that if it was handled according to ordinary construction project disputes, the issue of project continuation was likely to reach an impasse, and it was difficult to safeguard the legitimate rights and interests of the buyers, so it finally determined the work idea of resolving disputes through mediation and promoting the resumption of the project to the greatest extent.

Rely on the government-hospital linkage work mechanism to solve the problem

In view of the wide coverage and greater social impact of the construction project of Jingang Garden Community, in order to effectively solve the problems faced by the project in many aspects such as construction and approval procedures, and to ensure the smooth progress of the resumption of work and reconstruction, the Zhengzhou Airport Experimental District Court relied on the linkage work mechanism of the government and the court, took the initiative to report to the main leaders of the district, and with the strong support of the party working committee and the management committee leaders, actively coordinated the construction bureau, the culture, education, health and sports bureau and other relevant functional departments to jointly participate in the joint resolution of contradictions and disputes, and successively organized relevant departments and project contractors. The construction party held more than 10 problem coordination and resolution meetings, met with more than 500 staff representatives of the hospital to report the basic situation of the case, listened to the opinions and suggestions of all parties, and held 5 policy and regulatory consultation meetings to answer questions on the spot and guide the parties to protect their rights and interests through legal channels.

With the joint efforts, the parties finally reached an agreement, and the hospital group buyers actively raised follow-up housing purchase funds; the construction project of Jingang Garden Community began to resume construction, and the remaining project funds were paid by the contracting party in installments; the construction bureau handled the pre-sale permit for the developer for commercial housing within 15 days after the project was rebuilt; and all the subsequent purchase funds received by the developer entered the supervision account to ensure that the special funds were used exclusively.

The project resumed construction smoothly, and the "big stone" in the hearts of more than 1,600 buyers in the hospital finally landed: "I really didn't expect that the work of our court was so strong and efficient, and now that the house has fallen, I have a solid heart, and I must work hard to do a good job and serve the people of the port area well!" ”

Source: Henan Legal Daily

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