The general contractor of a construction project sometimes subcontracts part of the project to the subcontractor after the general contractor of the project.
Choose a settlement method suitable for the actual project and local conditions to settle quickly and efficiently…
Xian’s application for re appraisal of the project involved in the case.
Xian appealed to the court and, as the actual constructor, requested to order zhengmou company and Zhanjiang construction company to pay their project funds, liquidated damages and rewards, and applied for re settlement with zhengmou company and Zhanjiang construction company or cost appraisal.
If the change is made, the changed engineering quantities can be directly indicated in the visa, or the third party price review and determination of the changed part can be agreed, and the settlement is also relatively easy.
Fixed unit price + change visa (settlement based on actual situation).
The settlement method agreed in some subcontracts is “subject to the settlement amount of the general contract” or “subject to the cost approved by the owner after the completion of the project”.
Therefore, it is concluded that Mr.
Legal subcontracting can settle the project funds according to the contract.
In other words, regardless of the effectiveness of the subcontract, if the project passes the acceptance, the project price may be settled in accordance with or with reference to the contract, and the project payment or discount compensation shall be paid to the subcontractor according to the settlement amount.
If the construction period is not long, the impact of the change of general material price is small, eliminating the long process of settlement and anxious unreasonable deduction, which is fast and stable.
The settlement part of the contract agreed that “the project cost shall be subject to the approved cost after the project is completed”, that is, the project cost shall be subject to the approved settlement price between a certain company and a certain construction company in Zhanjiang after the project is completed.
“Illegal subcontracting” according to Article 793 of the civil code, “the construction contract of the construction project is invalid, but if the construction project passes the acceptance, it can compensate the Contractor by referring to the agreement on the project price in the contract”.
The advantage of this agreement is that the settlement is relatively simple and there are few disputes, but the disadvantage is also obvious, that is, the settlement is not participated by the subcontractor, so it is impossible to independently submit settlement application and appraisal, Their legitimate rights and interests can not be protected, or they can not control the process and speed of settlement, resulting in the failure of settlement several years after the completion of the project.
Xian and a construction company in Zhanjiang recognize that a construction company in Zhanjiang has appropriated the project funds paid by a company to Mr.
On whether the project cost involved in the case should be re identified.
Xian signed the Construction Subcontract of construction project with a certain construction company in Zhanjiang, which agreed that part of the project contracted by him was under construction.
Therefore, a construction company in Zhanjiang did not owe Mr.
Xian the project payment.
Xian has no evidence to overturn the facts determined in the effective judgment, and the cost calculated by himself has not been recognized by a company of the employer.
Xian’s retrial application does not meet the provisions of items 2 and 6 of article 200 of the Civil Procedure Law of the people’s Republic of China.
After examination, the Supreme Court issued a ruling and rejected his application for retrial.
This case shows that if it is agreed that the subcontracting settlement shall be subject to the settlement of the general contract or there is an agreement with similar contents, when the subcontractor cannot participate in the settlement between the general contractor and the employer, it will lose the initiative of settlement and can only passively accept the settlement results of the employer, and its own legitimate rights and interests cannot be guaranteed.
Xian’s claim was not supported, so he applied to the Supreme Court for retrial.
After the quantities in the drawings are determined, the fixed total price is agreed.
Xian and a construction company in Zhanjiang shall be subject to the project cost settlement between a company of the employer and a construction company in Zhanjiang, The final settlement subjects of the project involved in the case should be zhengmou company and Zhanjiang construction.
Fast, accurate and simple settlement methods are most suitable for subcontracted projects.
According to the analysis of the ruling, the Construction Subcontract of construction project signed by Mr.
This settlement method is relatively fast.
(2015) Xi min Yi Chu Zi No.
Some projects are still entangled in the settlement procedures several years after completion and delivery, and the subcontractors are often small and unable to bear the losses caused by long-term non settlement.
Xian and a construction company in Zhanjiang stipulates that the project cost shall be subject to the approved cost after the completion of the project, so the project cost settlement between Mr.
If you can participate in the settlement between the general contractor and the employer, the agreed settlement method is relatively simple and there is no need to settle with the subcontractor again.
How can the settlement method be agreed in the subcontract? According to the current situation of the construction industry, the settlement of project funds is relatively difficult.
If the above two settlement methods have a long construction period or large quantities, it shall be agreed that the price risk shall be borne by both parties, and the policy risk shall be borne by the owner.
The Supreme People’s Court (2021) ruled on such cases in the supreme law min Shen No.
268 effective civil judgment has determined the project cost involved in the case, and the retrial application of a construction company in Zhanjiang on the project cost involved in the case has also been rejected.
After the first and second instance, Mr.
Accordingly, the original judgment cited the fact of the project cost determined by the effective judgment of another case and did not support Mr.
Some subcontractors are unqualified individuals.
Some engineering quantities are relatively easy to calculate from the drawings, or the bill of quantities is consistent with the actual situation, the fixed unit price can be agreed.
If the subcontractor does not have qualifications and other conditions, it is “illegal subcontracting”.
The following two settlement methods are recommended: 1.
If the subcontracting complies with the legal provisions and the contract, it is legal subcontracting.
Because the price risk of building materials and mechanical equipment changes with the extension of the construction period, the short-term price factors are easy to predict, and the long-term price risk can not be avoided, which can only be shared by both parties from the principle of fairness.
Moreover, both Mr.
For the changed part, the third-party price review shall be agreed, or the price shall be written on the visa when the change is made, so that the settlement becomes very easy.
Fixed total price + change visa.
The settlement methods of subcontracts vary with different projects.