<h1 class="pgc-h-arrow-right" data-track="1" > topic import</h1>
In the case of a contract dispute between the plaintiff, a shanxi cooperative (represented by the firm), represented by Mr. Wang Jinlong and Mr. Wang Gang of Beijing Zaiming Law Firm, v. a certain technology co., LTD. in Shuozhou City, the defendant, is presented as follows in the following case handling notes for the benefit of readers.
<h1 class="pgc-h-arrow-right" data-track="21" > case</h1>
In 2018, the defendant publicized major preferential policies for photovoltaic power generation projects to the plaintiff. Based on the defendant's favorable publicity, in October of that year, the plaintiff and the defendant signed a photovoltaic project installation contract, which stipulated that the defendant provided services including installation design, product procurement, project installation, grid-connected power generation and so on. The plaintiff, with the assistance of the defendant, paid the contract price from a loan from a local credit union. After completing the grid-connected power generation of the photovoltaic project, the plaintiff found that the defendant had many breaches of contract in the process of performing the contract, including but not limited to the installation of photovoltaic panels that were not the top 20 brands agreed in the contract, and the consequence was that the power generation effect of the equipment was not as good as expected, and the power generation revenue was far from the defendant's publicity at that time. At the same time, the bank loan was overdue and the plaintiff was unable to repay it, causing the plaintiff to suffer huge economic losses.
<h1 class="pgc-h-arrow-right" data-track="22" > litigation ideas</h1>
The plaintiff came to us from many sources, and after accepting the entrustment, the lawyer of our firm communicated with the parties for the first time to collect evidence, sort out the facts of the case, study the facts of the case, summarize the focus of the dispute in the case, find the legal basis, and sort out a set of effective litigation plans: the defendant had many major breaches of contract in the process of performing the contract, causing the plaintiff to cause actual and potential economic interest losses, and the plaintiff had the right to require the defendant to bear the liability for breach of contract, which was reflected in this case as reducing the contract price and paying the corresponding interest.
The focus is on how to determine the amount of the contract price reduction? Through research, we found that, first, the defendant did not provide construction design services to the plaintiff, deducting the contract price of the design part; second, the photovoltaic project installed by the defendant was twice as high as the market price, reducing the contract price by half. However, after nearly 3 years, how to find the market price at that time as a reference, our lawyers actively sought countermeasures: 1. By actively contacting the photovoltaic equipment manufacturer, we obtained a market quotation for the current year; 2. Find the same level of products installed in the year, and calculate the market price of the product in this case through the proportion of equipment power and power generation.
<h1 class="pgc-h-arrow-right" data-track="23" > legal basis</h1>
Civil Code of the People's Republic of China
Article 582:Where performance does not conform to the agreement, it shall bear liability for breach of contract in accordance with the agreement of the parties. Where there is no agreement on the liability for breach of contract or the agreement is unclear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the injured party may, depending on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
Article 781 Where the work products delivered by the contractor do not meet the quality requirements, the contractor may reasonably choose to request the contractor to bear liability for breach of contract such as repair, rework, reduction of remuneration, and compensation for losses.
<h1 class="pgc-h-arrow-right" data-track="24" > lawyer suggests</h1>
In the face of some projects that sound tempting, we must polish our eyes, inquire about comparisons in many ways, and there is no pie in the sky. At the same time, for the other party's publicity of the promise of income, we must retain the relevant evidence, it is best to fix it in writing, so as to provide strong evidence for possible disputes in the future.
(Author Wang Gang Lawyer)