[jianjiantong] Party A gives 30 project contracting problems, and senior project managers are like this


Your company needs to bear a heavy burden of proof, and the judge or arbitrator is free to decide whether to adjust and how much to adjust.

If possible, your company can also require Party A to provide advance guarantee.

It should be emphasized that Party A is only responsible for paying the project payment to your company within the scope of project payment owed to the general contractor.

According to the interpretation of the Supreme People’s court, the completion date of the project is the date when the Contractor submits the acceptance report.

For example, it can be agreed that your company shall bear the loss or income within 5% of the rise and fall of the price of building materials, and Party A shall bear the loss or income beyond 5%.

[support] first, according to the law, the project shall not be delivered for use without acceptance or unqualified acceptance.

What about the substantial increase in the price of steel during construction? [practical consultation] our company has signed a fixed price contract with Party A, but during the construction process, the price of steel has increased significantly (more than 20% of the price agreed in the contract).

If Party A does not organize acceptance within 28 days after receiving the completion acceptance report submitted by your company, or does not put forward modification opinions within 14 days after acceptance, it shall be deemed that the completion acceptance report has been approved by Party A.

  [bidding] the increase of steel price during the construction period exceeds the normal and reasonable fluctuation range of market price and beyond the predictable range of your company and Party A.

Our company requires Party A to adjust the price of steel agreed in the contract accordingly, but Party A will not adjust it on the grounds that the contract is a fixed price contract.

What should my company do?   [evaluation] if Party A fails to organize the acceptance in time after the completion of the project, first of all, it wants to delay the completion node project payment that should be paid to your company, and second, it wants to “cause” the situation that your company cannot complete the project on schedule and require your company to bear the liability for breach of contract due to the delay of construction period.

Finally, if Party A uses the part without acceptance, it shall bear the quality responsibility of the part used without authorization, but within the reasonable service life of the construction project, the quality responsibility of foundation engineering and main structure shall still be borne by your company.

Our company has repeatedly asked the general contractor to pay, but because Party A has not paid the project payment of more than 8 million yuan in arrears to the general contractor, the general contractor has no funds to pay the project payment in arrears to our company.

What should the subcontractor do if Party A defaults on the project payment? [practical consultation] our company subcontracted the weak current project in a commercial and residential building project.

We feel that we can advance the construction, but we are afraid that Party A’s investment funds are not in place, resulting in long-term arrears due to the fact that the advance payment cannot be paid to our company in time after the advance construction.

What should my company do? [evaluation] under such circumstances, your company is often faced with a dilemma.

During the construction, party a proposed some engineering changes, and our company completed the engineering construction according to the change requirements.

  [bidding] according to relevant laws and regulations, your company can require Party A to pay the project payment through litigation or arbitration.

Your company may take the general contractor as the defendant or respondent and Party A as the third party in litigation or arbitration; Party A may also be the defendant or respondent, and the general contractor may be the third party; The general contractor and Party A can also be used as the defendant or respondent for litigation or arbitration.

Party A shall organize relevant units to accept the completion acceptance report within 28 days after receiving it, and give approval or put forward modification opinions within 14 days after acceptance.

  6 what if Party A refuses to apply for a visa in the agreed manner? [practical consultation] the project construction contract signed between our company and Party A stipulates that the visa data must be stamped with the official seal of Party A.

If you continue to perform the contract, you will cause serious losses for the project.

What if Party A refuses to sign the contact list? [practical consultation] our company is now in charge of the construction of the plant project of a factory.

Party A orally informed us of the adjustment and change of some engineering materials some time ago.

[tips] if your company submits materials in person and Party A refuses to sign for them, your company can send them by express mail, indicate the content of the materials sent in the column of “internal product name” of the express, inquire at the post office on time and obtain the receipt of the express signed by the other party, or inquire and print the receipt of the express on the relevant website, Keep the above vouchers and the sending vouchers and expense invoices, which are sufficient to prove the fact that the other party signs for them.

We suggest that the best way is that when signing the construction contract, your company and party a clearly agree on the scope of bearing the price risk of building materials.

When your company requires Party A to pay, Party A often refuses to pay on the ground that there is no contractual relationship with your company, which makes your company helpless.

What should my company do?   [evaluation] such arrears of project funds are common in project construction.

For this reason, our company submitted a work contact sheet on the adjustment and change of engineering materials to Party A, but party a refused to sign the work contact sheet, but only urged our company to speed up the construction, And tell us that the adjustment and change of engineering materials will be settled together after the completion of the plant project.

What should my company do?   [evaluation] if Party A’s later construction funds cannot be raised or are difficult to be in place, it may make it difficult to pay the construction project funds and advance funds in time, or lead to project shutdown and form “uncompleted projects”, so that the advance funds of your company will become bad debts.

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If Party A is short of funds, it will generally agree to stipulate the interest of advance payment in the contract.

According to the contract, the general contractor still owed our company more than 1 million yuan of project payment.

Secondly, according to the provisions of the model text of the construction contract of the construction project, your company shall submit the completion acceptance report at the time agreed in the contract and require Party A to sign for it.

Our company has repeatedly asked Party A to organize acceptance, but it delayed the acceptance on the pretext of various reasons, and began to use the completed plant on the ground of urgent need for production.

If you fail to perform the contract, you will face the responsibility for breach of contract and huge claims.

Therefore, when Party A delays the acceptance, your company can refuse to deliver the project.

   2.

   4 what should Party A do when it delays the acceptance? [practical consultation] a plant project constructed by our company has been completed.

What should my company do?   [evaluation] Party A’s refusal to sign the work contact list for adjustment and change of engineering materials is mainly to avoid the possible extension of construction period, increase of cost and price adjustment during engineering construction.

   3.

If your company does not submit the work contact list for Party A to sign, the adjustment and change of engineering materials orally notified by Party A during the construction process may not be recognized by Party A in the final project completion settlement because there is no written certificate.

In addition, your company can also agree in the construction contract that if Party A delays in paying the advance payment, it shall pay liquidated damages to your company.

When our company made the above engineering changes into visa materials and asked Party A to affix the official seal for confirmation, Party A refused on the ground that the official seal could not be affixed arbitrarily..

At the same time, your company can clearly stipulate the interest of advance payment in the construction contract.

  5.

It should be noted that there are no legal provisions and specific standards for such adjustment.

  [bidding] in order to avoid risks, your company may agree in the construction contract that Party A shall pay all or most of the advance payment before the completion and delivery of the project, otherwise your company may refuse to deliver the completed project.

Construction media ID: jianzhong0011 what should Party A do if it requires advance construction? [practical consultation] our company received the bidding invitation for a project and learned that one of the basic conditions for winning the bid is to advance 10 million yuan in the early stage.

if the continuous performance of the contract is obviously unfair to your company, your company can require Party A to adjust the steel price to a certain extent.

For particularly important materials, your company can also send them by registered notarization.

If Party A disagrees, your company can also apply to the court or arbitration institution for adjustment.

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