Interpretation of the real case of Xiamen Intermediate People's Court, case number: (2011) Xia Min Zhong Zi No. 2740
【People】
Huang Guangpu (actual builder), New District Company (contractor), Yuwan Company (contractor)
【Basic Facts】
In November 2006, the New District Company contracted the civil engineering and installation project of the "Jinbaoyin" project in Zhengbancun to Yuwan Company, and the two sides signed a construction project construction contract.
In March 2007, Huang Guangpu disposed of the muddy water construction content of the 2# and 5# buildings of the "Jinbaoyin" project from Yuwan Company, and the two sides signed a contract for the contract for the muddy water project, but the contract was not stamped with the official seal of Yuwan Company, but with the "Technical Special Seal of the Project Department of Yuwan Company Xiamen Branch", and the signature of Party A's representative office was "Chen Jianqiang".
The progress payment during the construction process of Huang Guangpu was completed by Chen Jianqiang.
In May 2010, Huang Guangpu still had more than 320,000 yuan of project funds to receive, so he sued the New District Company and Yuwan Company as co-defendants to the court, demanding that the two companies bear the responsibility for the payment of the project funds.
【Court Judgment】
Court of First Instance: Huang Guangpu failed to adduce evidence that there was a contract for the slurry project with Yuwan Company, so Huang Guangpu's litigation claim was insufficiently evidenced and this court did not support it.
Court of Second Instance: Huang Guangpu's appeal request lacked evidence and could not be established, and the original judgment was upheld.
[Why did I start work but didn't support the request to pay for the project?] 】
The Xiamen Intermediate People's Court held that:
The appellant, Huang Guangpu, claimed that he had a contractual relationship for the slurry water project with Yuwan Company, but the "Slurry Project Contracting Contract" provided by him did not have the special seal of the appellee's contract, but only a "technical special seal of the project department of the Xiamen Branch of Chongqing Yuwan Construction Group Co., Ltd."; and Huang Guangpu also failed to provide sufficient evidence to prove that the seal was owned by Yuwan Company, and Yuwan Company also denied the authenticity of the contract.
Although the disputed contract was stamped with the "Technical Seal of the Project Department of the Xiamen Branch of Chongqing Yuwan Construction Group Co., Ltd.", the place where the payment was made was "Chen Jianqiang", and the appellant, Huang Guangpu, failed to provide sufficient evidence to prove that Chen Jianqiang was an employee of Yuwan Company or had the authorization of Yuwan Company to sign a contract with the outside world.
Based on the above reasons, the Xiamen Intermediate Court concluded that Huang Guangpu's appeal request lacked evidence and was not supported.
【Lawyer's Interpretation】
In practice, it is common for labor subcontracting and professional work subcontracting to sign no contract, or to sign a subcontract in a hurry, and even if a contract is signed, the contracting party is not stamped with the official seal, but only by an individual or with a data seal, project seal, etc.
Is it that this situation will be the same as the conclusion in the case: if the contractual relationship cannot be proved, the payment of the project payment will not be supported?
Definitely not.
Legally speaking, there are several points of evidence that are the most critical to claiming the project payment, the first is to prove the construction contract relationship, the second is to prove the specific scope and content of the construction, the third is to prove that the quality of the project is qualified, and the fourth is to prove the valuation method and payment of the project payment. As long as sufficient evidence can be found on these four points, there is certainly no problem in taking the project money, unless your defendant goes bankrupt, which is another matter.
Among the above four points, the proof of the construction contract relationship is definitely the most basic. How is evidence of this formed and collected?
If you have not signed a contract or signed a contract without an official seal, you must do the following:
(1) Try to get a copy of the construction contract signed by Party A and the contractor for the record, and write down the names and contact numbers of the representatives of A and B above;
(2) Representatives of the construction unit, construction unit, supervision unit and other parties on the construction site public notice board must also remember that it is best to leave a phone and add WeChat one by one;
(3) In the process of docking the project, all chat content is best fixed through telephone recording, QQ or WeChat chat, text messages and other forms, do not believe in the "sea oath mountain alliance" between brothers and friends, once there is an economic dispute, the opposite is not the norm;
(4) The application for payment of progress payment must be paid attention to, and for the project of subcontracting and subcontracting, it is necessary to let your upper family sign on it;
(5) Once it is found that the signs are not right, Party A or the general contractor should be found in time to coordinate and leave evidence of coordination;
(6) When prosecuting, the person who signed the contract must be listed as a co-defendant or a third party, so that the court can ascertain the facts at trial.
In short, to fight a lawsuit is to fight evidence.
It is not wrong to plant trees when you see them, and dig them when you see them, but at the beginning there is no contract, and you don't want to form and collect evidence in the later stage, that is your mistake!
What do you think?
What strange and sad disputes have you encountered over project funds?
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