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As of May 18, 2024, a total of 3,922 cases have been launched in the People's Court Case Database, and 75 of these cases are related to "construction projects". Xiong Shaoyu's lawyer team has carefully sorted out these cases, sorted out the [Main Points of the Adjudication] and [Gist of the Adjudication] established by the cases, and excerpted the storage number and the original case number, so that it is not only convenient for readers to quickly grasp the key points when consulting these cases, but also to further find the authoritative source according to the map.
【Guiding Cases】
1. Guiding Case No. 171: Zhongtian Construction Group Co., Ltd. v. Henan Henghe Real Estate Co., Ltd., a construction contract dispute
2021-18-2-115-001/Civil/Construction Contract Dispute/Supreme People's Court/2019.06.21/(2019) Zui Gao Fa Min Zhong No. 255/Second Instance
[Summary of the trial]
If the enforcing court enforces the employer's construction project upon the application of other creditors, and the contractor claims to the enforcement court that it has the priority right to be compensated for the construction project price and has not exceeded the exclusion period, it shall be deemed that the contractor has exercised the priority right to be compensated for the construction project price in accordance with the law. Where the employer makes a defense on the ground that the contractor exercised the right of priority to be compensated for the construction project price at the time of filing the lawsuit exceeded the exclusion period, the people's court shall not support it.
【Guiding Cases】
2. Guiding Case No. 59: Dai Shihua v. Jinan Municipal Public Security Fire Detachment, a dispute over fire acceptance
2016-18-3-007-001/Administration/Administrative Licensing/Intermediate People's Court of Jinan City, Shandong Province/2013.01.17/(2012) Ji Xing Zhong Zi No. 223/Second Instance
[Summary of the trial]
If the notice of the fire protection acceptance filing result of the construction project contains an assessment of whether the fire protection completion acceptance is qualified, and has the nature of administrative confirmation, and the party concerned initiates an administrative lawsuit against the fire protection acceptance and filing result notification of the fire protection acceptance of the fire protection agency of the public security organ, the people's court shall accept it in accordance with law.
【Guiding Cases】
3. Guiding Case No. 154: Wang Siguang v. Zhongtian Construction Group Co., Ltd. and Baishan Hefeng Real Estate Co., Ltd., a lawsuit against an outsider's enforcement objection
2021-18-2-471-001/Civil/Enforcement Objection Lawsuit/Supreme People's Court/2019.03.28/(2019) Supreme Law Min Zai No. 39/Retrial
[Summary of the trial]
In the course of enforcing the price of a construction project, if the buyer of the house files a lawsuit against the enforcement of the house by an outsider against the house subject to enforcement, requesting confirmation that it has civil rights and interests in the house involved in the case that can be excluded from enforcement, but does not deny the creditor's priority right to be compensated for the construction project price confirmed by the original effective judgment, it is a situation that "has nothing to do with the original judgment or ruling" as provided for in article 227 of the Civil Procedure Law, and the people's court shall accept it in accordance with law.
【Guiding Cases】
4. Guiding Case No. 73: Tongzhou Construction Group Co., Ltd. v. Anhui Tianyu Chemical Co., Ltd., a dispute over the right of exclusion
2016-18-2-298-001/Civil/Exclusion Dispute/Anhui Provincial High People's Court/2014.07.14/(2014) Wan Min Yi Zhong Zi No. 00054/Second Instance
[Summary of the trial]
If the construction contract is deemed to be terminated in accordance with the circumstances stipulated in Article 18 of the Bankruptcy Law of the People's Republic of China, the time limit for the contractor to exercise the right of priority for repayment shall be calculated from the date of termination of the contract.
【Guiding Cases】
5. Guiding Case No. 150: China Minsheng Bank Co., Ltd., Wenzhou Branch, v. Zhejiang Shankou Construction Engineering Co., Ltd. and Qingtian Yiligao Shoes Co., Ltd., a lawsuit withdrawn by a third party
2021-18-2-470-003/Civil/Third Party Revocation Lawsuit/Zhejiang Provincial High People's Court/2018.12.14/(2018) Zhe Min Shen No. 3524/Retrial
[Summary of the trial]
If the right of priority for repayment of the price of the construction project and the right of mortgage point to the same subject matter, and the realization of the mortgage right is affected by the existence and scope of the right of priority of the payment of the price of the construction project, it shall be determined that the realization of the mortgage right has a legal interest in the outcome of the case of the priority right to be compensated for the price of the construction project, and the mortgagee has the qualification to file a third-party revocation lawsuit against the effective judgment confirming the priority right of payment of the construction project price.
【Guiding Cases】
6. [Guiding Case No.198]: Industrial and Commercial Bank of China Limited Yueyang Branch v. Liu Youliang, Application for Revocation of Arbitral Award
2022-18-2-445-001/Civil/Application for Annulment of Arbitral Award/Yueyang Intermediate People's Court of Hunan Province/2018.11.12/(2018) Xiang 06 Min Te No.1/Others
[Summary of the trial]
The actual constructor is not a party to the construction contract signed between the employer and the contractor, nor has it entered into a valid arbitration agreement with the employer and the contractor, and shall not be bound by the arbitration agreement between the employer and the contractor. Where the actual constructor applies for arbitration in accordance with the arbitration agreement between the employer and the contractor, and after the arbitration institution makes an arbitral award, the employer requests to revoke the arbitral award, the people's court shall support it.
【Guiding Cases】
7. Guiding Case No. 191: Liu Caili v. Yingde Municipal People's Government of Guangdong Province Administrative Reconsideration Bill
2022-18-3-016-001/administrative/administrative reconsideration/Supreme People's Court/2021.04.27/(2021) Supreme Law Xing Zai No. 1/Retrial
[Summary of the trial]
Where a construction enterprise violates laws or regulations by handing over the project contracted by itself to a natural person for actual construction, and the natural person is injured or injured due to work, and the social insurance administrative department determines that the construction enterprise is the unit that bears the responsibility for work-related injury insurance with reference to the relevant provisions of the first paragraph of article 3 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance", the people's court shall support it.
【Guiding Cases】
8. Guiding Case No. 21: Inner Mongolia Qiushi Real Estate Development Co., Ltd. v. Hohhot Municipal Civil Air Defense Office, Civil Air Defense Administrative Expropriation
2013-18-3-005-001/Administration/Administrative expropriation or requisition/Intermediate People's Court of Hohhot City, Inner Mongolia Autonomous Region/2010.04.20/(2010) Hu Xing Zhong Zi No. 16/Second instance
[Summary of the trial]
If a construction unit violates the Civil Air Defense Law and other relevant provisions by failing to build an air defense basement when it should have done so, it is an illegal act of failing to perform its statutory obligations. Where the construction unit shall pay the fee for the relocation of the air defense basement in accordance with the law, the provisions on "exemption of various administrative fees such as urban infrastructure supporting fees" for affordable housing construction projects such as low-rent housing and affordable housing shall not apply.
【References】
9. Beijing Space Exhibition Co., Ltd. v. Shanghai Thin Film Power Generation Co., Ltd., a decoration contract dispute
2023-01-2-115-003/Civil/Construction Contract Dispute/Supreme People's Court/2020.12.24/(2020) Supreme Law Civil Jurisdiction No. 93/Others
[Summary of the trial]
The construction contract disputes provided for in Article 28 of the Judicial Interpretation of the Civil Procedure Law are not limited to the fourth-level cause of action under "construction project contract disputes" under the "Construction Project Contract Disputes" in the Provisions on the Causes of Action of Civil Cases, but also include disputes over the priority right to compensation of construction project prices, construction project subcontract disputes, construction project supervision contract disputes, decoration contract disputes and other disputes related to construction projects. Therefore, if the parties have a dispute over the performance of the decoration contract, the jurisdiction shall be determined in accordance with the real estate dispute.
【References】
10. Cai Moumou v. Nanjing Decoration Engineering Co., Ltd., a decoration contract dispute case
2023-01-2-115-002/Civil/Construction Contract Dispute/Supreme People's Court/2021.12.17/(2021) Supreme Law Civil Jurisdiction No. 59/Others
[Summary of the trial]
In the event of a dispute between the parties arising from the performance of the decoration contract, the jurisdiction shall be determined in accordance with the real estate dispute.
【References】
11. A construction company in Shen County sued a real estate company in Shandong for a construction contract dispute
2024-01-2-115-001/Civil/Construction Contract Dispute/Supreme People's Court/2022.06.27/(2022) Zui Gao Fa Min Zai No. 96/Retrial
[Summary of the trial]
1. According to the principle of privity of contract, the contractor who signed the contract has the risk of bearing civil liability to the outside world, has a legal interest in the case, and enjoys the qualification of the plaintiff as a plaintiff under the law.
2. The effective judgment of another case has ordered the contractor to bear civil liability for the arrears related to the project involved in the case, and has actually enforced it. The court of first instance found that the contractor was not the actual contractor and had no interest in the case, lacked factual and legal basis, and did not conform to the principle of fairness consistent with civil rights and obligations.
3. The law does not prohibit the right of action of the contractor who lends the qualification. Article 43 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts breaks through the principle of privity of contract and gives the actual constructor the right to directly sue the employer. This provision is a special remedy for the actual contractor, and this exception does not deny the contractor the right to bring an action based on the contract.
【References】
12. A lawsuit revoked by a third party of a bank Wuhu branch, a construction company in Anhui, and a real estate development company in Wuhu
2023-07-2-470-003/Civil/Third Party Revocation Lawsuit/Supreme People's Court/2021.03.26/(2021) Zui Gao Fa Min Zhong No. 456/Second Instance
[Summary of the trial]
Although the house involved in the contractor's right of priority for payment of the price of the construction project and the land involved in the mortgage of others are related to each other, the construction project after deducting the land value of the customer system of the priority right of compensation for the price of the construction project is not as good as the land use right occupied by the construction project; Although according to the principle of integration of real estate and land, the project involved in the case and the land occupied by it should be auctioned together, it does not affect the validity and scope of the mortgage right enjoyed by the mortgagee. Therefore, the judgment of the mortgagee enjoying the land use right to the priority right to be compensated for the construction project price does not have the subject qualification to file a third-party revocation lawsuit.
【References】
13. A company v. B company in a construction project subcontract dispute case
2024-01-2-115-003/Civil/Construction Project Contract Dispute/Shandong Provincial High People's Court/2021.11.18/(2021) Lu Min Zhi Zhong No. 138/Second Instance
[Summary of the trial]
If the jurisdiction agreement violates the provisions of the law on hierarchical jurisdiction or exclusive jurisdiction, the agreement shall be deemed invalid. This case is a construction project subcontract dispute, and the jurisdiction should be determined in accordance with the real estate dispute, and the real estate dispute is under the exclusive jurisdiction of the people's court where the immovable property is located, so this case should be under the exclusive jurisdiction of the people's court at the place where the project involved in the case is located. The parties agreed in the contract that the court at the place where the contract was signed should have jurisdiction over the dispute, and the place where the contract was signed was not the location of the project involved in the case, so the agreement violated the provisions of the Civil Procedure Law of the People's Republic of China on exclusive jurisdiction and should be found to be invalid.
【References】
14. Liu XX v. Harbin Construction and Installation Corporation et al., a construction contract dispute case
2024-07-2-115-001/Civil/Construction Contract Dispute/Heilongjiang Provincial High People's Court/2022.12.27/(2021) Hei Min Zhong No. 459/Second Instance
[Summary of the trial]
In the case of construction contract disputes, it is more common for the parties to enter into several construction contracts for the same construction project. Once a dispute arises, in the event that several contracts are invalid, the people's court will make a ruling on which contract to rely on will have a greater impact on the substantive rights and interests of the parties. For multiple contracts with different project price agreements, the actual performance of the contract can be determined by comprehensive analysis based on the identity of the parties, the purpose of signing the contract, and the performance of the rights and obligations of each contract.
【References】
15. A building materials Co., Ltd. v. Shaanxi Province, Lintong District, Lintong District, Administrative Punishment Case
2024-11-3-001-003/Administrative/Administrative Punishment/Xi'an Railway Transport Intermediate Court/2020.10.23/(2020) Shaanxi 71 Xingzhong No. 573/Second Instance
[Summary of the trial]
Where an administrative counterpart carries out a project construction within the scope of a national key cultural relics protection unit without examination and approval, and affects the safety and historical features of cultural relics, and undermines the authenticity and integrity of cultural relics, he shall bear administrative responsibility in accordance with law. Administrative organs make administrative punishment decisions in accordance with law, and the people's courts support them in accordance with law.
【References】
16. Erdos City Silver Company v. Hangjinqi Bureau of Natural Resources Administrative Licensing Case
2024-12-3-004-002/Administration/Administrative Licensing/People's Court of Kangbashi District, Ordos City/2023.03.03/(2023) Nei 0603 Xingchu No. 1/First instance
[Summary of the trial]
Article 4 of the Administrative Licensing Law of the People's Republic of China clearly stipulates that administrative organs shall implement administrative licensing in accordance with the statutory authority, scope, conditions and procedures. The Urban and Rural Planning Law of the People's Republic of China also clarifies the materials to be provided for planning permission for construction projects. Administrative organs carrying out administrative licensing shall make a judgment on whether the application for administrative licensing meets the statutory requirements, and may not add conditions or restrictions in addition to the statutory requirements. If the administrative counterpart applies for a construction project planning permit and meets the statutory requirements, the administrative organ shall handle the administrative license in accordance with the law.
【References】
17. Chen v. Tianchang City, a security technology limited liability company, a dispute over the confirmation of bankruptcy creditor's rights
2023-08-2-295-006/Civil/Bankruptcy Claim Confirmation Dispute/Chuzhou Intermediate People's Court of Anhui Province/2021.01.28/(2020) Anhui 11 Min Zhong No. 3630/Second Instance
[Summary of the trial]
If the employer enters into bankruptcy liquidation and the migrant worker declares the creditor's right with the wages owed by the contractor, it is the migrant worker's wages in the price of the construction project, and shall enjoy the priority right of repayment, which is superior to the mortgage right and other creditor's rights for repayment.
【References】
18. Yin XX v. Hu XX, Henan Province Construction Engineering Co., Ltd. and other outsiders to enforce the objection lawsuit
2023-07-2-471-005/Civil/Enforcement Objection Lawsuit/Intermediate People's Court of Zhumadian City, Henan Province/2023.02.28/(2023) Yu 17 Min Zhong No. 446/Second Instance
[Summary of the trial]
If the affiliated party borrows the bank account of the affiliated party to collect the project money, and the bank account of the affiliated party is frozen by the people's court, the right holder shall be judged according to the registered name of the bank account, and the affiliated party only has the right to claim for the funds in the account of the affiliated party, and the right to claim the creditor's right does not in principle enjoy civil rights and interests sufficient to preclude compulsory enforcement.
【References】
19. An industrial company in Sanya v. an engineering company in Chaoyang and a construction contract dispute over a fishery administration management station in Hainan
2024-10-2-115-001/Civil/Construction Contract Dispute/Supreme People's Court/2021.11.19/(2021) Zui Gao Fa Min Shen No. 6282/Retrial
[Summary of the trial]
If the construction project contract stipulates that the final settlement shall be based on the actual quantity of the project, and the project involved in the case has been actually completed by the sole constructor and handed over to the general contractor through the subcontractor, and the general contractor has paid the progress payment to the subcontractor, and the subcontractor and the actual constructor fail to reach an agreement on the quantity of the project and have not accepted and settled, it may be determined on the basis of the quantity determined between the subcontractor and the general contractor for the same project.
【References】
20. Case of enforcement supervision of Chen X A and Chen X B and a construction group in Gansu and a real estate company in Qingshui
2023-17-5-203-034/Enforcement/Enforcement Supervision Case/Supreme People's Court/2021.12.17/(2021) Supreme Court Zhi Jian No. 330/Enforcement
[Summary of the trial]
The right of priority for repayment of the price of a construction project is a statutory priority granted to the construction project contractor by law, which is superior to the mortgage right and other creditor's rights. This right arises in accordance with the provisions of the law and is established when the statutory conditions are fulfilled, and the contractor may directly claim this right with the people's court without going through trial or arbitration procedures, as long as the statutory conditions are met. If the contractor does not assert this right in the trial procedure, and the enforcement basis does not confirm that it enjoys this right, it does not mean that it has lost this right of course, and it can still exercise this right in the enforcement procedure, and the people's court may also judge whether its priority right to compensation is established in accordance with the content of the judgment on the basis of enforcement and in accordance with the provisions of relevant laws and judicial interpretations. Of course, since the enforcement procedure mainly conducts a formal examination of whether it is established, if a substantive determination is made on it after a substantive trial, the substantive determination shall prevail. However, in the absence of a substantive trial to the contrary, if the enforcement procedure determines that the right to priority of payment of the price of the construction project is established, it shall be guaranteed to be compensated in accordance with the law.
【References】
21. A construction engineering company in Chongqing v. an equipment company in Chongqing, a construction contract dispute case
2023-16-2-115-012/Civil/Construction Contract Dispute/Supreme People's Court/2022.10.24/(2022) Zui Gao Fa Min Zai No. 114/Retrial
[Summary of the trial]
In the case that the employer enters bankruptcy proceedings, the contractor's construction money claims expire at an accelerated rate, and the period for exercising the priority right to be repaid shall be calculated from the time when the contractor's claims are declared, and the settlement of the project money shall not be necessary. The period for exercising the preferential right of repayment is the period of exclusion, and once it has elapsed, the substantive right will be extinguished, so the act of verifying the amount of the creditor's right and re-declaring the preferential right of repayment cannot cause the contractor's preferential right to repayment to be lost.
【References】
22. A construction company limited by shares in Northeast China v. a real estate development and operation limited liability company in Jilin City, a construction contract dispute case
2023-16-2-115-018/Civil/Construction Project Contract Dispute/Jilin Provincial High People's Court/2015.03.19/(2014) Ji Min Zai Zi No.14/Retrial
[Summary of the trial]
When several construction contracts signed by the two parties for the same construction project are found to be invalid, the true intention of the parties shall be explored through the negotiation process of the contract between the two parties, the expression of the contract wording, the performance of the contract, the claims in the litigation process, and the consideration of various comprehensive factors, and take this as the basis for the settlement of the project payment. The unqualified actual constructor cannot settle the project payment according to the quota standard, unless the employer and the contractor reach an agreement through negotiation and will settle the project payment according to the quota as part of the contract. The principle of change of circumstances does not automatically apply to a major change in objective circumstances in the performance of a fixed-price contract, but it is necessary to consider whether such a material change is foreseeable and whether it can lead to the shaking or loss of the basis for the conclusion of the contract.
【References】
23. Guangdong Fu Construction Co., Ltd. v. Guangdong Jin Group Co., Ltd. and Xinxing County New Investment Co., Ltd., a construction project subcontract dispute
2024-01-2-115-004/Civil/Construction Contract Dispute/Guangdong Provincial High People's Court/2022.03.29/(2022) Yue Min Shi No. 137/Others
[Summary of the trial]
Paragraph 2 of Article 28 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that disputes over rural land contracting and operation contracts, housing lease contracts, construction contracts, and policy-based housing sales contracts shall be subject to real estate disputes. In practice, fire protection and air-conditioning installation projects not only include the installation of fire-fighting and air-conditioning facilities and equipment, but also involve a large number of hidden projects such as pipe network laying, and the construction results are directly attached to the general engineering project, which has a high correlation with the project itself and belongs to the category of construction engineering. Therefore, the disputes arising from the performance of the fire protection and air-conditioning installation project contracts between the parties should not be identified as contract disputes, but should be recognized as disputes over construction project subcontracts, and the jurisdiction shall be determined in accordance with the provisions of Article 28 of the Judicial Interpretation of the Civil Procedure Law.
【References】
24. Li v. a construction company in Dalian and a construction company in China State Construction Co., Ltd., a labor contract dispute
2023-01-2-139-001/Civil/Labor Contract Dispute/Supreme People's Court/2022.01.05/(2021) Supreme Law Civil Jurisdiction No. 56/Others
[Summary of the trial]
During the prosecution and acceptance phase of a civil case, the people's court may determine the cause of action on the basis of the nature of the legal relationship involved in the plaintiff's claim, and determine the jurisdiction of the people's court on the basis of the cause of action of the civil case.
【References】
25. An engineering company v. a metallurgical company, a construction company, and a state-owned assets management company, a construction project construction contract dispute
2023-07-2-115-004/Civil/Construction Contract Dispute/Supreme People's Court/2021.09.29/(2021) Zui Gao Fa Min Shen No. 1513/Retrial
[Summary of the trial]
Based on the consideration of the protection of the legitimate rights and interests of the actual constructor, the principle of relativity of contract is broken in a limited way in the construction contract dispute case, which is in line with the objective reality. In view of the large number of legal entities under the BT construction model, compared with the particularity of general construction contracts, there is a dispute over whether to determine the identity of the employer of the investor and builder of the BT project in practice, which will have an impact on the determination of the entity responsible for the payment of the actual constructor. In this case, the investor and builder of the BT project assumed multiple roles such as financing, project management and construction throughout the project, and in fact assumed functions similar to those of the employer, so the actual constructor could sue the investor of the BT project to bear the responsibility within the scope of the outstanding project payment.
【References】
26. Hai construction company v. Feng real estate development company, a construction project construction contract dispute case
2023-07-2-115-006/Civil/Construction Contract Dispute/Shanxi Provincial High People's Court/2022.05.19/(2022) Jin Min Zai No. 123/Retrial
[Summary of the trial]
If the quality of the construction project is qualified, the contractor may exercise the right of priority to be compensated for the project price within the statutory time limit from the date on which the employer pays the project price, including agreeing on a discount or applying for auction by the people's court. If the contractor and the employer agree in the settlement agreement to pay the project price at a discount of part of the house, such agreement constitutes the exercise of the right of priority to be compensated for the project price.
【References】
27. Nanchong Jin a construction engineering Co., Ltd. and Tang execute the reconsideration motion
2024-17-5-202-011/Enforcement/Enforcement Reconsideration Case/Intermediate People's Court of Nanchong City, Sichuan Province/2023.03.28/(2023) Chuan 13 Zhifu No. 66/Enforcement
[Summary of the trial]
If the contractor, as a creditor in a separate case, raises an objection to the disposition of the people's court on the basis that it has the priority right to be compensated for the construction project on the basis of the priority right to be compensated for the construction project against the subject matter of enforcement, and it is an objection raised by an interested party to the enforcement measures of the enforcing court, it shall be examined in accordance with the objection to the enforcement act. The right of priority for compensation of a construction project is the right to have priority for the payment of the price of the construction project, which is not sufficient to preclude the enforcement of the construction project, and the contractor may participate in the distribution of the case money and claim its priority in the enforcement procedure of the construction project, and the enforcing court shall reserve the construction project price of the contractor before dealing with the price of the subject matter of enforcement.
【References】
28. Case of embezzlement of public funds by Xu Moufeng
2023-03-1-403-006/Criminal/Embezzlement of Public Funds/Intermediate People's Court of Yiyang City, Hunan Province/2019.04.10/(2019) Xiang 09 Xingzhong No. 92/Second Instance
[Summary of the trial]
The crime of embezzlement of public funds is not aimed at illegally appropriating public funds, but on the premise of restitution, illegally transferring the possession and use of public funds, thus putting public funds at risk of loss. During the construction process of the construction project, the construction party violates the agreement signed with the employer to pay off the housing payment in a lump sum after the completion and acceptance of the house, and withdraws part of the project payment from the employer in advance in the form of a loan through dredging the relationship, and liquidates the loan as the project payment after the project is delivered, which is an act of receiving the project money in advance in breach of contract, and does not have the characteristics of the crime of misappropriation of public funds, and cannot be convicted and punished as the crime of misappropriation of public funds (accomplice).
【References】
29. Chen XX v. Xiao XX et al., a construction project subcontract dispute case
2023-16-2-115-015/Civil/Construction Project Contract Dispute/Jiangxi Provincial High People's Court/2022.07.14/(2022) Gan Min Zai No. 74/Retrial
[Summary of the trial]
If the employer and the contractor agree to settle the project price at a fixed price, if the contractor fails to complete the quantity agreed in the contract due to a change in the engineering design, and the quality of the completed part is qualified, the method of "proportional conversion" may be adopted, that is, the proportional coefficient of the completed part and the total quantity agreed in the entire contract shall be calculated, and then the fixed price agreed in the contract shall be multiplied by this coefficient to determine the project price payable by the employer.
【References】
30. Lin XX v. Wuyuan County Real Estate Development Co., Ltd., a commercial housing sales contract dispute
2023-16-2-091-007/Civil/Housing Sales Contract Dispute/Jiangxi Provincial High People's Court/2016.05.30/(2016) Gan Min Zai No. 15/Retrial
[Summary of the trial]
The force majeure exemption first requires that the performance period is temporary, that is, the event constituting force majeure must occur after the contract is signed and before the termination, and outside the contract performance period, then it cannot constitute a force majeure event of the contract. Secondly, according to the provisions of the Contract Law, there is a correlation between force majeure and the failure to perform the contract.
【References】
31. A construction group company in Gansu Province v. a Chinese engineering consulting group, a design institute limited company in East China, and a third party, a photoelectric company, a construction contract dispute
2023-16-2-115-014/Civil/Construction Contract Dispute/Supreme People's Court/2021.07.16/(2021) Zui Gao Fa Min Zhong No. 662/Second Instance
[Summary of the trial]
The contract of the Cooperation Agreement involved in the case is EPC general contracting, and it is clearly stipulated in the construction contract that the main obligation of the general contractor is to provide the required equipment and materials as agreed in the contract and to pay for the project, and the main obligation of the constructor is to complete the construction. In the absence of the fact that the contract involved in the case was actually performed by the owner, the general contractor should be the subject of the payment for the project in this case.
【References】
32. Case of supervision of the enforcement of a loan contract between a bank in Zhencheng and a company in Da'an City, He XX, Lu XX, and Tian XX
2023-17-5-203-033/Enforcement/Enforcement Supervision Case/Supreme People's Court/2021.12.20/(2021) Supreme Court Zhi Jian No. 239/Enforcement
[Summary of the trial]
If the contractor who has not obtained an effective legal document confirming the priority right to be compensated for the construction project price claims to exercise the right of priority for compensation during the enforcement procedure, the people's court has the right to conduct a formal examination of whether the right of priority for compensation can be established during the enforcement procedure. However, there are disputes between the parties on the authenticity of the project price, the subject exercising the priority right of compensation, the time limit, and the scope of the priority right of compensation, which should be finally confirmed through the trial procedure.
【References】
33. Case of Wang XX and a Kashgar group company and others enforcing supervision
2024-17-5-203-054/Enforcement/Enforcement Supervision Case/Supreme People's Court/2023.09.28/(2023) Supreme Court Zhi Jian No. 193
[Summary of the trial]
The foundation problem is a major project quality issue, which is related to the public interest. If the foundation of the project under construction cannot meet the requirements of the original design, and the people's court does not disclose it in advance in the judicial auction and sale, it does not fall within the scope of exemption from liability for the relevant defect guarantee. Where the buyer claims revocation on the grounds that the purpose of the bid cannot be achieved as a result, the people's court shall support it.
【References】
34. Case of contract fraud by Huang, Zhou, and Yuan
2023-03-1-167-008/Criminal/Contract Fraud/Jiujiang Intermediate People's Court, Jiangxi Province/2020.03.20/(2019) Gan 04 Xingzhong No. 521/Second Instance
[Summary of the trial]
1. Evaluation opinions do not naturally have evidentiary effect in determining the facts of the case, and whether they can be used as the basis for a verdict shall be reviewed for their objectivity, relevance, and legality, and a comprehensive judgment shall be made on the basis of the evidence in the case, and must not be blindly accepted without screening.
2. For the fraudulent acts that occur in the continuous performance of the contract of the construction project, a comprehensive judgment should be made from the overall performance of the contract, and if there is no fundamental and comprehensive impact on the final, appropriate and comprehensive performance of the contract, it can be resolved through negotiation or other means, and generally should not be dealt with as a criminal offense.
【References】
35. An engineering company in Jiangsu v. a wind power company in Shanghai and a guarantee company in Shenzhen, a construction project contract dispute
2023-10-2-115-001/Civil/Construction Contract Dispute/Nanjing Maritime Court/2023.04.23/(2022) Su 72 Min Chu No. 1534/First Instance
[Summary of the trial]
Compared with onshore wind power, offshore wind power facilities are more expensive to erect and more difficult to construct, and the construction unit must have the corresponding qualifications and construction capabilities before the construction of offshore wind power, coastal and offshore projects. Because the construction unit does not have the qualification for the construction of offshore wind power projects and does not have the corresponding capabilities, the original construction arrangements are blocked and the contract cannot be performed. Although the parties request to terminate the contract, the people's court shall, on the basis of a comprehensive investigation of the facts of the case, determine in accordance with the law that the construction contract for the construction of the sea-related project signed by the contractor who does not have the corresponding qualifications is invalid, and reasonably determine the rights, obligations and legal liabilities of the parties.
【References】
36. Shanghai XX Construction Company v. XX Medical Company, a construction project construction contract dispute case
2023-07-2-115-001/Civil/Construction Contract Dispute/Shanghai No.1 Intermediate People's Court/2016.03.30/(2016) Hu 01 Min Zhong No. 1538/Second Instance
[Summary of the trial]
After the project is dismissed, the employer has no right to refuse to pay the project payment on the grounds that the project has not been completed and accepted. For the rejection project, especially the rejection project where there is no clear agreement between the contracting party on the acceptance of the project and the payment of the project payment, the acceptance of the uncompleted project shall not be used as a condition to prevent the payment of the project price. The true intention of the parties should be explored in combination with the acts of both parties such as submitting the project for review and returning the performance bond, so as to judge whether the payment conditions of the project are fulfilled. Under normal circumstances, completion acceptance is the premise of project settlement. The contractor who passes the acceptance of the project has the right to claim the project payment, and the contractor who fails the acceptance has no right to claim the project payment. However, in the case of project rejection, the subsequent construction of the project and the final completion acceptance are beyond the scope of the contractor's control, and the payment of the project payment will be delayed indefinitely by taking the completion acceptance of the project as the payment condition of the project payment, causing greater losses to the contractor. In practice, the employer of a project often delays the payment of the project price on the grounds that the project has not been completed and accepted, and the contractor is in a very passive position. Therefore, the judgment of the rejection project should be made by exploring the true intention of the parties, rather than only taking acceptance as a condition for paying the project price.
【References】
37. A real estate company v. Nantong Municipal Bureau of Natural Resources and Planning for the registration of housing ownership
2024-12-3-006-004/Administration/Administrative Registration/Intermediate People's Court of Nantong City, Jiangsu Province/2021.08.20/(2021) Su 06 Xingzhong No. 415/Second Instance
[Summary of the trial]
The administrative registration authority has the right to take the initiative to correct the error or revoke the registration if there is a real error in the registration of immovable property. An administrative organ taking the initiative to revoke the registration of immovable property shall meet certain conditions, that is, the natural conditions such as the area and location of the immovable property recorded in the immovable property register, or the rights of the owner or mortgagee, are indeed inconsistent with the objective facts, and the opinions of the immovable property rights holder shall be fully heard. If the cancellation of registration will cause damage to the public interest or the legitimate rights and interests of interested parties, the registration authority shall weigh the real estate rights holder, bona fide third party and the public interest, and choose the appropriate way to deal with it.
【References】
38. Case of enforcement supervision of a company in Jinan and a company in Chiping
2024-17-5-203-050/Enforcement/Enforcement Supervision Case/Supreme People's Court/2023.03.31/(2023) Supreme Court Zhi Jian No. 128
[Summary of the trial]
Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. As for the determination of the cause of the interruption of the statute of limitations, although the quality deposit is generally reserved from the project payment payable, the nature, function and payment conditions of the quality deposit and the project payment are not the same, and the quality deposit and the project payment cannot be simply recognized as the same creditor's right.
【References】
39. Zhang v. Henan Province Construction Co., Ltd., a real estate Co., Ltd., and Yang construction contract disputes
2023-16-2-115-013/Civil/Construction Contract Dispute/Qinghai Provincial High People's Court/2020.06.17/(2020) Qing Min Zai No. 13/Retrial
[Summary of the trial]
In a dispute over a construction contract, the construction contract signed by the actual constructor is invalid, and the actual constructor's request to pay the project price with reference to the contract shall be supported. If the contractor signs construction contracts with different construction entities, and all parties have disputes over the identity of the actual constructor, and although they are unable to provide evidence such as visas and project schedules to directly prove that the actual construction of the project is carried out, but provide other evidence such as the construction contract, the payment voucher for the project payment, the voucher for the payment of taxes and fees, etc., the rules of evidence shall be used to judge whether the evidence has probative force and the amount of probative force, and make a reasonable determination. First, it is necessary to accurately ascertain the facts of the case and determine the legal relationship between the parties; Second, the burden of proof should be reasonably and fairly determined based on the facts of the case and the claims of the parties, and the parties should provide corresponding evidence for their own claims; Third, it is necessary to use logical reasoning and the rules of daily life to independently and autonomously judge the probative power and magnitude of the evidence provided by the parties, determine whether the facts to be proved are highly probable, and make the identified legal facts as close as possible to objective facts.
【References】
40. A cultural communication company v. a cultural and creative company, a construction project contract dispute
2023-01-2-115-001/Civil/Construction Contract Dispute/Supreme People's Court/2022.05.07/(2022) Supreme Law Civil Jurisdiction No. 77/Others
[Summary of the trial]
If the parties sue the construction contract and other related contracts together, since the two contracts are for the same project and are performed at the same time, there is a related relationship, and after the plaintiff sues together, the defendant does not raise a jurisdictional objection and raises a counterclaim, in this case, the people's court may hear the case together and determine the competent court in accordance with the real estate dispute.
【References】
41. Company A and Company B execute the reconsideration proposal
2023-17-5-202-020/Enforcement/Enforcement Reconsideration Case/Supreme People's Court/2021.09.29/(2021) Supreme Court Zhi Fu No. 48/Enforcement
[Summary of the trial]
If there are two or more priority rights to be compensated for the price of a construction project in a construction project, the priority holder of each construction project price can only be compensated in priority for the auction price of the part constructed by itself, and has no right to claim priority for the part constructed by other contractors. If the priority holder of the construction project price has the priority right to be compensated in multiple construction projects, each priority right is independent of each other and is attached to its own construction project.
【References】
42. Case of objection to the enforcement of a company A and a company in Shandong
2024-17-5-201-003/Enforcement/Enforcement Objection Case/Zhoucun District People's Court, Zibo City/2023.03.24/(2023) Lu 0306 Zhiyi No. 40/Enforcement
[Summary of the trial]
The special account for the wages of migrant workers has the characteristics of special funds, which are reflected in: first, the funds in the account are special funds, that is, the construction unit pays the wage project money of the general contractor, and the amount of the project money is determined according to the amount or proportion agreed in the project construction contract; Second, the funds in the account need to be used for special purposes, that is, to pay the wages of migrant workers, and shall not be transferred to accounts other than the bank accounts of migrant workers in this project. At the same time, according to the provisions of the Interim Measures for the Management of Special Accounts for Migrant Workers' Wages in the Field of Engineering Construction, the special accounts for migrant workers' wages should also have formal requirements such as filing with the special account supervision department where the project is located, and the opening bank making special identification of the account in the business system.
【References】
43. Liu et al. v. XX Company, a dispute over infringement of design patent rights
2023-09-2-160-003/Civil/Patent Ownership and Infringement Disputes/Supreme People's Court/2021.09.30/(2021) Zui Gao Fa Min Zai No. 205/Retrial
[Summary of the trial]
Manufacture and sell a product infringing a design patent as a component and part of another product is a sale act as provided for in Article 11 of the Patent Law. If a project contractor is responsible for procuring materials for the construction of the project, and if it procures a product that infringes the design patent right of another person for the construction of the project, and obtains the corresponding project price after the delivery of the project, it shall be deemed to have "sold" the allegedly infringing product and shall bear civil liability for the infringement of the design patent right.
【References】
44. An energy company in Huade County sued a third party of a company in China Metallurgical Corporation for revocation
2023-01-2-526-001/Civil/Third Party Revocation Lawsuit/Supreme People's Court/2020.02.20/(2021) Zui Gao Fa Min Zhong No. 825/Second Instance
[Summary of the trial]
The ordinary creditor of the creditor's rights of the loan contract does not have the independent right to claim the subject matter of the dispute over the construction contract of another case, nor does it have a legal interest in the outcome of the case, and does not belong to the third party as provided for in Article 56 of the Civil Procedure Law, and has no right to file a third-party revocation lawsuit against the effective judgment of the other case.
【References】
45. A construction company in Beijing v. a shipbuilding company in Qingdao, a dock construction contract dispute
2023-10-2-236-001/Civil/Dock and Wharf Construction Contract Dispute/Supreme People's Court/2021.12.08/(2021) Zui Gao Fa Min Shen No. 4372/Retrial
[Summary of the trial]
If the construction project contract stipulates a "fixed total price", the parties to the contract shall settle the project price in accordance with the agreement. The people's court shall not agree to the application of the parties in the litigation for appraisal of the project cost if the amount of the project can be determined according to the calculation method of the completed project quantity and the fixed total price.
【References】
46. Yuyao XX Investment Co., Ltd. bankruptcy proceedings case
2023-08-2-516-001/Civil/Bankruptcy Proceedings/Yuyao Municipal People's Court/2022.01.17/(2021) Zhe 0281 Po No. 30/Bankruptcy
[Summary of the trial]
In order to improve the efficiency and success rate of the reorganization and strengthen the connection between the pre-reorganization and the reorganization procedure, the creditors' voting effect on the pre-reorganization plan should be allowed to extend to the reorganization procedure under the principle of respecting the autonomy of creditors, so as to avoid duplicate voting.
In order to ensure the safety of the borrowed funds of the common benefit debt, with the consent of the prior secured creditor and the priority holder of the construction project price, and the creditors' meeting votes and approval, the common benefit debt loan can be given a "super priority", that is, the priority over the property secured claim and the priority of the construction project price can be repaid. In addition, a common benefit debt investor with relevant industrial background can be responsible for the continuation, project management and project sales of a project in a package.
In order to protect the legitimate rights and interests of home buyers and maintain social stability, in the bankruptcy case of a real estate enterprise, for the real buyers who do not meet the requirements of the consumers of commercial housing, the manager can choose to continue to perform the commercial housing sales contract with the buyer, or take the delivery of real estate as a form of repayment, and hand over the house to the buyer in accordance with the law after the completion of the project.
【References】
47. Feng v. Liang, a contract dispute case
2023-01-2-483-005/Civil/Contract Disputes/Supreme People's Court/2023.03.09/(2023) Supreme Law Civil Jurisdiction No. 29/Others
[Summary of the trial]
In cases where a higher level people's court orders a retrial or remand for new trial, the original people's court is to retry or retry the case. Where parties raise jurisdictional objections during the retrial or retrial, the people's courts are not to review it; Where the trial court finds that it does not have jurisdiction, it must not transfer jurisdiction on its own in accordance with its authority.
【References】
48. Case of objection to enforcement by Ye and Zhu and a group company
2024-17-5-201-001/Enforcement/Enforcement Objection Case/Intermediate People's Court of Luzhou City, Sichuan Province/2023.09.14/(2023) Chuan 05 Min Chu No. 38/Enforcement
[Summary of the trial]
Although the buyer has paid all the purchase price of the shop and actually occupies and uses it, the shop belongs to the investment and operation of the house, which does not fall within the scope of special protection of the consumer's right to survival, and its rights cannot oppose the builder's priority right to be compensated for the construction project price. If the builder requests the court to enforce the construction project price claim with priority, and the people's court enforces the shop registered in the name of the real estate development enterprise subject to enforcement, and the buyer raises an objection to the exclusion of enforcement, the court will not support it.
【References】
49. A branch of a bank and a company in Linyi execute a reconsideration case
2024-17-5-202-020/Enforcement/Enforcement Reconsideration Case/Intermediate People's Court of Linyi City, Shandong Province/2021.12.14/(2021) Lu 13 Zhifu No. 257/Enforcement
[Summary of the trial]
During the enforcement process, the enforcing court seized a number of properties of the person subject to enforcement, and when examining whether there was any excessive seizure, it was necessary to estimate the value of the properties involved in the case. For the value of the first-hand house, a comprehensive estimate may be made with reference to the unit price to be sold, the professional real estate app, and the transaction price of the new commercial housing sales contract displayed in the online signature filing management subsystem for the newly built commercial housing, and in combination with factors such as the order of seizure of the property involved in the case and the possible price reduction when determining the auction reserve price, so as to determine whether there is an excessive seizure.
【References】
50. Li X and XX Construction Company execute the reconsideration case
2024-17-5-202-029/Enforcement/Enforcement Reconsideration Case/Kunming Intermediate People's Court, Yunnan Province/2022.04.12/(2022) Yun 01 Zhifu No. 29/Enforcement
[Summary of the trial]
When sealing, freezing, or transferring funds from the bank accounts of relevant units, the people's courts shall strictly review the type of account, and must not seal, freeze, or transfer funds in special accounts for migrant workers' wages or wage guarantee accounts for reasons other than the payment of wages for the labor provided for the project, except as otherwise provided by law.
【References】
51. Wang XX v. Ningxia Construction Company and Housing and Urban-Rural Development Bureau, a construction project construction contract dispute
2024-07-2-115-002/Civil/Construction Contract Dispute/Yinchuan Intermediate People's Court, Ningxia Hui Autonomous Region/2022.06.29/(2021) Ning 01 Min Chu No. 18/First Instance
[Summary of the trial]
Where it is stipulated in the construction contract that the government audit conclusion shall be used as the basis for the settlement of the project price, the people's court shall not dismiss the contractor's lawsuit on the ground that the government has not issued an audit conclusion. In the substantive trial of the case, if the audit department fails to start the audit procedure or issue an audit conclusion within a reasonable period of time, the people's court shall approve the party's application for appraisal in accordance with law.
【References】
52. Cai v. Wanning Municipal People's Government Administrative Reconsideration Case
2023-12-3-016-016/Administration/Administrative Reconsideration/Hainan Provincial High People's Court/2022.03.07/(2021) Qiong Xing Zhong No. 822/Second Instance
[Summary of the trial]
In order to effectively protect their legitimate rights and interests, if an employee believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to file a complaint with the labor and social security administrative department in accordance with the Regulations on Labor Security Supervision and other legal provisions, and the labor and social security administrative department is also responsible for imposing corresponding penalties on the employer's illegal acts in accordance with the law. According to the relevant provisions, an employer shall not contract a construction project to an organization or natural person that does not have the qualifications of an employing entity, otherwise it shall bear the responsibility of the employer and the repayment of arrears of wages to the workers recruited by the organization or natural person, regardless of whether an employment relationship has formed between the employer and the employee.
【References】
53. Yi XX v. an import and export trading company and a construction engineering group company in Xinjiang, a construction project construction contract dispute
2023-07-2-115-003/Civil/Construction Project Contract Dispute/Xinjiang Production and Construction Corps Tum Shock Reclamation District People's Court/2023.05.25/(2023) Bing 0302 Min Chu No. 29/First instance
[Summary of the trial]
When the employer issues the contract for the project, it clearly knows that the actual constructor does not have construction qualifications and is affiliated with a qualified unit, and although the employer has not signed a construction contract with the actual constructor, it agrees to have the actual constructor carry out the construction and accepts the deposit from the actual constructor, and the two parties have formed a construction contract relationship, and the employer shall bear the responsibility for paying the project price to the actual constructor.
【References】
54. Suo XX and Xu XX and others are to carry out the reconsideration motion
2024-17-5-202-022/Enforcement/Enforcement Reconsideration Case/Shandong Provincial High People's Court/2023.03.27/(2023) Lu Zhifu No. 43/Enforcement
[Summary of the trial]
The right of priority is the right to be paid off in priority, which is only a subordinate right and cannot have the effect of preventing enforcement. The priority holder of the construction project shall not request the suspension of enforcement on the ground that it has the priority right to be compensated for the construction project, and may claim the preferential distribution of the price to the court in the enforcement procedure.
【References】
55. Yang X A v. Beijing Chaoyang District Human Resources and Social Security Bureau, Administrative Confirmation Case
2024-12-3-007-003/Administration/Administrative Confirmation/Beijing Chaoyang District People's Court/2022.06.29/(2022) Jing 0105 Xingchu No. 259/First instance
[Summary of the trial]
At present, the phenomenon of subcontracting and subcontracting in the field of construction engineering is relatively common, and injured employees often use the litigation strategy of suing the labor service provider for the injury liability dispute to determine the labor subcontracting company, so as to determine the employer that bears the liability of work-related injury insurance, but also because the court needs to add defendants many times in civil cases, the litigation cycle is extended, so as to delay the application time for work-related injury determination. In this process, it can reflect the subjective state of the injured employee actively seeking relief, and objectively has also adopted legal and effective remedial channels, and the relief process conforms to the actual situation, judicial practice and common sense, and his failure to file an application for determination of work-related injury within the statutory time limit cannot be attributed to his own reasons, and the time for determining the employer by filing a civil lawsuit should not be counted in the time limit for applying for determination of work-related injury.
【References】
56. A party limited liability company v. a city design institute copyright ownership and infringement dispute
2023-09-2-158-050/Civil/Copyright Ownership and Infringement Disputes/Chongqing High People's Court/2018.08.28/(2018) Yu Min Zhong No. 234/Second Instance
[Summary of the trial]
In the construction engineering design activities, if the original design unit submits the design drawings to the construction unit and there is no evidence to prove its breach of contract, the construction unit separately signs an engineering design contract with the post-design unit, and provides the original design drawings to the post-design unit, and the design drawings completed by the post-design unit are substantially the same as the original design drawings, it cannot be regarded as the continued use of the drawings by the construction unit within the scope of the agreed project, and its behavior infringes the copyright of the original design unit.
【References】
57. A company in Shaanxi v. a hospital in Shandong Province in a construction contract dispute case
2023-16-2-115-006/Civil/Construction Contract Dispute/Supreme People's Court/2016.12.30/(2016) Zui Gao Fa Min Shen No. 2826/Retrial
[Summary of the trial]
1. Legal facts are abstracted from the process of judicial adjudication and are different from objective facts. The basic legal facts of this case are that one of the parties has breached the contract in the performance of the contract. The parties' arguments in the two lawsuits that the other party continued to perform the contract and rescinded the contract and pursued the other party's liability for breach of contract cannot lead to the conclusion that the basic legal facts of this case are different.
2. The different litigation claims of the parties shall mean that the litigation claims cannot be substituted or covered by each other, and the nature of the claims is different, and the adjudication results of the two litigation should not affect each other. If the claim of the parties only claims that the amount of payment is increased or decreased, it cannot be regarded as a different claim.
【References】
58. A Beijing economic and trade company v. a Beijing real estate company and a Hebei construction investment company, a tort liability dispute
2024-01-2-504-001/Civil/Tort Liability Dispute/Supreme People's Court/2020.11.13/(2020) Zui Gao Fa Min Zai No. 301/Retrial
[Summary of the trial]
1. People's courts accepting civil cases should use the provisions of the "Civil Procedure Law of the People's Republic of China" on the requirements for accepting cases as the standard for judgment. If a party sues and claims that the defendant has infringed upon its investment rights and interests on the basis of relevant civil evidence, it shall meet the requirements of the law and have a direct interest in the case.
2. The failure of a party to obtain a permit for the use of civil air defense projects does not affect its filing of a civil lawsuit in accordance with the relevant contract. The application for the "Civil Air Defense Project Use Certificate" and other provisions are administrative norms, and do not affect the right of investors to file lawsuits and claim investment rights and interests based on investment behaviors. Whether or not a party has obtained the Civil Air Defense Project Use Certificate is not directly related to the determination of the plaintiff's qualifications, and the party's right of action cannot be denied on this basis.
【References】
59. Case of Hu X and others accepting bribes by non-state functionaries
2024-04-1-094-001/Criminal/Crime of accepting bribes by non-state functionaries/Beijing No. 3 Intermediate People's Court/2021.11.26/(2021) Jing 03 Xingchu No. 108, No. 109, No. 112, No. 113/First instance
[Summary of the trial]
The real economy and major projects are the key investment areas of large private equity funds, especially large-scale infrastructure comprehensive projects, which are related to urban development and the interests of the masses, and their projects involve a wide range, capital intensive, long time cycle, and many interest links, and it is easy to form a "hunting" and "hunting" interest chain in project bidding, project contracting, capital settlement, etc., once corruption and crime occur, it will seriously undermine the rules of market competition and the development prospects of private equity funds, and infringe on the interests of investors. It may even endanger the quality of the project and cause safety accidents. This case is a typical crime of commercial bribery in the process of large-scale private equity funds investing in major urban infrastructure construction, which has an extremely bad negative impact on both the public interest and the investment and development of private equity funds.
【References】
60. Bi v. Ningjin Sub-district Office, Rongcheng City, Shandong Province, and Rongcheng Municipal People's Government, Administrative Compensation Case
2024-12-3-020-002/Administrative/Administrative Compensation/Intermediate People's Court of Weihai City, Shandong Province/2020.05.25/(2020) Lu 10 Xingzhong No. 66/Second Instance
[Summary of the trial]
Where an administrative organ and its staff carry out a destructive compulsory demolition of an illegal building, although the victim does not have a lawful interest in the illegal building, if the value of the part of the building that can be separated and can continue to be used is reduced due to the destructive forced demolition, the administrative organ shall be liable for compensation for the part of the value impairment.
【References】
61. Li Mouying v. Muchuan County Social Insurance Affairs Center, case of payment of work-related injury insurance benefits
2024-12-3-008-002/Administration/Administrative Payment/Leshan Shizhong District People's Court/2023.05.18/(2023) Chuan 1102 Xingchu No. 106/First instance
[Summary of the trial]
If the construction project unit has participated in work-related injury insurance for such migrant workers through project insurance, and such migrant workers are injured in the course of work on the corresponding construction project and are recognized as work-related injuries, they shall enjoy the corresponding work-related injury insurance benefits in accordance with the law. Where the social security agency refuses to pay the corresponding work-related injury insurance benefits to the migrant worker on the grounds that he or she has exceeded the statutory retirement age and has already received retirement benefits, the people's court will not support it.
【References】
62. A construction company v. an industrial company, a construction project construction contract dispute
2023-16-2-115-010/Civil/Construction Contract Dispute/Supreme People's Court/2017.12.27/(2016) Zui Gao Fa Min Zai No. 367/Retrial
[Summary of the trial]
Whether the quality of the project is qualified or not, in the case of disputes between the parties and judicial appraisal has been carried out, shall be judged based on the appraisal conclusion. However, in the process of construction, each process has been accepted by the construction unit, the design unit, the survey unit, the supervision unit, and the quality inspection unit, and all of them are in the case that the construction of the next process is carried out only after the above-mentioned units have recognized that the quality of the previous process is qualified, and the quality of the project involved in the case is finally identified as unqualified in batches, and it should be determined that the responsibility is not entirely on the construction party.
【References】
63. A construction project construction contract dispute between a construction group company in Zhejiang and a real estate development company in Shangrao City
2024-16-2-115-001/Civil/Construction Contract Dispute/Jiangxi Provincial High People's Court/2016.08.15/(2016) Gan Min Zai No. 50/Retrial
[Summary of the trial]
1. When the construction unit organizes the completion acceptance, it is the legal obligation of the construction unit and the ancillary obligation of the contract to submit the relevant acceptance materials and confirm the construction quality in accordance with the provisions of laws and regulations and the contract.
2. When there is a project that is separately contracted by the construction unit, the contractor has the obligation to submit the completion acceptance materials to the employer for the project under its own construction, and cannot use the incomplete completion settlement materials as a defense for not performing the obligation to submit the completion settlement materials.
3. The construction of external wall insulation layer is a mandatory provision for energy-saving construction of civil buildings, and this statutory obligation can neither be unilaterally waived by the employer nor exempted by agreement between the employer and the construction party. The agreement signed between the construction unit and the construction unit to exempt the construction of the external wall insulation layer shall be deemed invalid.
【References】
64. A company in Nanjing v. a company in Beijing, a company in Shen, et al., a dispute over a contract for cooperative development of real estate
2023-16-2-090-001/Civil/Real Estate Development and Operation Contract Dispute/Supreme People's Court/2015.12.24/(2014) Min Kang Zi No. 14-1/Retrial
[Summary of the trial]
The interest of a real estate project is a collective concept, which generally includes the property rights involved in the house, the corresponding land use rights, project profits and other rights and interests. Buildings built without approval in accordance with law, without obtaining a construction project planning permit, or changing the project plan without authorization, are illegal buildings. The interests of the real estate project involved in the illegal construction are essentially illegal interests, and the illegal interests are not protected by law, so they should not be listed as the subject of civil litigation, and the relevant interested parties do not enjoy the legal right of action. For disputes over the interests of real estate projects involved in illegal construction, the administrative power should be disposed of first, and the judicial power should be disposed of second, so as to prevent the illegal interests from being "laundered" through judicial procedures.
【References】
65. Case of illegal mining by Liu Moujiang
2024-11-1-349-001/Criminal/Illegal Mining/Beijing No. 3 Intermediate People's Court/2020.11.27/(2020) Jing 03 Xingzhong No. 593/Second Instance
[Summary of the trial]
In the construction of a legally contracted project, it is illegal mining if it exceeds the scope of the project, violates the provisions of the Mineral Resources Law, and excavates a large number of mineral resources such as sand and gravel at the location of the project without obtaining a mining license for profit.
【References】
66. Shen XX v. Chongqing Construction Company, Panzhou Real Estate Company, and other construction project construction contract disputes
2023-07-2-115-007/Civil/Construction Contract Dispute/Supreme People's Court/2021.11.02/(2021) Zui Gao Fa Min Zhong No. 727/Second Instance
[Summary of the trial]
The parties only have the interest in appealing against the claims that were not supported by the court of first instance, and have the right to appeal against that part of the claims. In the trial of the court of first instance, if there is no major misunderstanding or fraud or coercion in the statement made by the parties, it shall be found to be their true expression of intent. The parties' self-denial of the claims of the parties in this case, which has been upheld by the court of first instance, because the outcome of another case is unfavorable to them, violates the integrity of the litigation and is not supported by the people's court.
【References】
67. Zeng XX v. Jiangxi Industrial Company, a case of dispute over a sales contract
2023-07-2-084-063/Civil/Sales Contract Dispute/Intermediate People's Court of Ganzhou City, Jiangxi Province/2020.05.20/(2020) Gan 07 Min Zhong No. 886/Second Instance
[Summary of the trial]
The right to use the civil air defense parking space obtained by the investor with the approval of the competent civil air defense department is in line with the legal characteristics of the usufructuary right in the Civil Code. The right to use civil air defense parking spaces can be transferred or leased, and in the case of transfer, it is not subject to the 20-year lease period.
【References】
68. Case of implementation of the Chengdu branch of a bank limited liability company and a real estate limited company in Chengdu
2024-17-5-101-002/Enforcement/First Enforcement Case/Chengdu Intermediate People's Court, Sichuan Province/2023.09.11/(2022) Chuan 01 Zhi No. 4769/Enforcement
[Summary of the trial]
Strengthen the concept of good faith and civilized enforcement, and minimize the impact on the rights and interests of the person subject to enforcement while protecting the lawful rights and interests of the winning party in accordance with the law. In specific cases, for real estate development enterprises that have difficulty in capital turnover and are temporarily unable to repay their debts, they should flexibly adopt measures of seizure, and try not to "dead-seal" the property that can be "live-sealed", so that the seized property can be used to the fullest extent and avoid the waste of social resources. After the commercial housing or existing house under construction is sealed, on the premise of ensuring that the corresponding price can be controlled, the person subject to enforcement may be supervised to sell the house at a reasonable price within a certain period of time. When determining the time limit, the people's court shall specify the specific time node to avoid an excessively long time limit affecting the efficiency of enforcement and harming the lawful rights and interests of enforcement creditors.
【References】
69. Xue Moujing v. a construction company in Xinjiang, a labor dispute case
2023-16-2-490-004/Civil/Labor Dispute/Production and Construction Corps Branch of the High People's Court of Xinjiang Uygur Autonomous Region/2023.11.13/(2023) Bing Min Shen No. 938/Retrial
[Summary of the trial]
Where a construction unit contracts a project to a contractor, and the contractor illegally subcontracts or illegally subcontracts to the actual constructor, the request of the laborer recruited by the actual constructor to confirm the existence of an employment relationship with the employer with the qualifications of the employing entity shall not be supported. Under normal circumstances, the social insurance administrative department shall determine the existence of an employment relationship between the employee and the employer if there is an employment relationship between the employee, but if laws, regulations and judicial interpretations provide otherwise, even if there is no employment relationship between the employee and the employer, the employer will become the subject of work-related injury insurance liability.
【References】
70. A communications technology company sued the Tianjin Municipal Commission for Market Regulation and the State Administration for Market Regulation for administrative punishment and administrative reconsideration
2024-12-3-001-019/administrative/administrative punishment/Beijing Xicheng District People's Court/2023.09.21/(2023) Jing 0102 Xingchu No. 377/First instance
[Summary of the trial]
1. The construction unit shall be the funder of communication supporting facilities. Where an operator seeks to be the sole supplier of telecommunications business by "advancing funds" for telecommunications facilities, it constitutes commercial bribery as provided for in Article 7, Paragraph 1, Item 3 of the Anti-Unfair Competition Law of the People's Republic of China. The departments for market regulation are to carry out administrative punishments for such conduct in accordance with law, and the people's courts shall support it.
2. Construction units, property management units, etc., usually have the right to rent out houses, recommend telecommunication services to settled customers, or require customers to confirm the use of telecommunication services, and belong to units with strong influence on telecommunications business transactions.
3. Whether the actor has the intent to seek the status of the sole supplier or other competitive advantage in the communications business shall be judged on the basis of the background and content of the agreement, and the specific circumstances of the performance of the agreement do not affect the determination of the purpose of the conduct.
【References】
71. A company and a Qinghai branch v. B company, a Qinghai branch of a company B, and a construction project construction contract dispute between a company B and a company C
2023-16-2-115-017/Civil/Construction Contract Dispute/Supreme People's Court/2021.09.14/(2021) Zui Gao Fa Min Zhong No. 361/Second Instance
[Summary of the trial]
If the conditions attached to the conditional general assignment of creditor's rights and debts have not been fulfilled, the original contractor has not waived its right to directly settle the project payment with the employer. In addition, the project payment involved in the case has not been finally settled, and the employer, as the ultimate payer and beneficiary of the project involved in the case, shall bear the payment responsibility to the original contractor.
【References】
72. Xue XX v. Helan County Town People's Government and Yinchuan City Construction Engineering Co., Ltd., a dispute over the right of recovery
2024-16-2-143-001/Civil/Right of Recovery Dispute/High People's Court of Ningxia Hui Autonomous Region/2023.04.27/(2023) Ning Min Zai No. 3/Retrial
[Summary of the trial]
1. Where two or more persons separately commit tortious acts and cause the same harm, and the size of the liability can be determined, they shall each bear corresponding responsibility; Where it is difficult to determine the size of the liability, the liability for compensation shall be borne equally.
2. If a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
【References】
73. Daye Construction Engineering Co., Ltd. v. Hubei Ancient Construction Co., Ltd., Liu, and Xiao, a private lending dispute
2023-16-2-103-037/Civil/Loan Contract Dispute/Huangshi Intermediate People's Court, Hubei Province/2022.07.04/(2021) E 02 Min Zhong No. 2246/Second Instance
[Summary of the trial]
The actor should have considerable expectations of his or her own conduct, and the determination of apparent agency shall be determined in combination with various factors in the conclusion and performance of the contract, considering the transaction method and transaction content. In this case, as a construction company engaged in the construction industry, it should be clear that there is a relatively common situation of project subcontracting in the construction industry in mainland China and the existence of actual constructors. As the lender, it lent funds to the project department as a kind of thing, rather than building materials for specific things, and did not specify in the contract that it was a loan to the project department, but only pointed to specific individuals such as Liu, and it was difficult to show that it was lending funds to the project department, and the acts of Liu and others did not constitute an apparent agency.
【References】
74. An amusement company v. Panshi Municipal Bureau of Housing and Urban-Rural Development, a case of administrative compensation for a government-private cooperation agreement
2024-12-3-020-005/Administrative/Administrative Compensation/Changchun Railway Transport Intermediate Court/2023.12.18/(2023) Ji 71 Xingzhong No. 264/Second Instance
[Summary of the trial]
The PPP project model is a public infrastructure or public service project jointly funded by the government and social capital, and the two parties jointly bear the risks and share the benefits to achieve a win-win situation for the project, and the agreement signed by the two parties belongs to the scope of administrative agreements. The administrative organ, which is a party to the administrative agreement, is more strict than the administrative counterpart in following the principle of good faith in the performance of the contract. If an administrative organ first commits a breach of contract and then unilaterally exercises its administrative power to terminate the administrative agreement, it is illegal; The direct losses caused to the other party to the agreement shall be subject to administrative compensation.
【References】
75. An engineering bureau company v. an engineering company for an independent letter of guarantee fraud dispute
2023-10-2-360-002/Civil/Independent Letter of Guarantee Fraud Dispute/Supreme People's Court/2019.08.28/(2019) Zui Gao Fa Min Zhong No. 349/Second Instance
[Summary of the trial]
1. The principle of strict consistency between the statement of the notice of claim and the terms of the letter of guarantee does not mean word-for-word matching, even if the two are not completely consistent in terms of wording, as long as the content of the two is not contradictory and does not cause ambiguity, it can be regarded as prima facie match.
2. When the advance payment guarantee does not clearly record the reduction clause, the beneficiary's behavior of claiming the advance payment guarantee in full should not be deemed to be an abuse of the right to claim payment.
3. Whether the beneficiary has breached the contract under the underlying contract does not necessarily affect its exercise of the right to claim for the guarantee.
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