Lawyer Sun Xia, who is good at handling economic disputes, contract disputes, property disputes, equity disputes, loan disputes, relocation compensation disputes, and criminal defense, is a partner of Shanghai Minglun Law Firm.
Basic Case A and B signed the Construction Engineering Labor Subcontract in June 2018, which agreed that Party A would subcontract the labor engineering of Building 1 of a project to Party B.
At the same time, remind the parties to the contract to sign a written contract with clear contents to avoid disputes.
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The judge said that the Labor Subcontract for Construction Engineering signed by companies A and B in this case for Building 1 showed a comprehensive unit price of 470 yuan/m2, and the court entrusted an appraisal agency to appraise the comprehensive unit price (including tax) of Building 2 by law, which would amount to more than 1.3 million yuan if the comprehensive unit price of Building 1 and Building 2 was the same as that proposed by company A, combined with the building area of Building 2, 27049.84 m2.
Due to the complexity of the actual situation, sometimes there is no agreement or unclear agreement between the two parties on the pricing method or pricing standard, which will naturally lead to disputes during settlement.
After the completion of the project, both parties have disputes over the amount of project funds.
He often organizes a team of lawyers to discuss cases and brainstorm to achieve the best results; He is the legal adviser of many enterprises and properly helps the company handle various litigation and non litigation businesses; He is the law teacher of the engineering and social course of Donghua University.
Company B still owes a lot of debts due to the construction of this project.
Building 2 is complex in structure and requires more manpower, material resources and financial resources for construction.
The court adopted the appraisal opinion issued by the appraisal institution and did not accept Party A’s argument that Building 2 should refer to the comprehensive unit price of Building 1.
The two parties did not reach an agreement on the unit price of Building 2.
The focus of dispute in the court hearing of this case is whether the comprehensive unit price of Building 2 has been agreed by Company A and Company B.
The structures of Building 1 and Building 2 are different, and the construction difficulty is different.
Based on the evidence submitted by the plaintiff and defendant, the adoption of the comprehensive unit price appraised by the appraisal institution in this case is more in line with the principle of fairness, and is more conducive to protecting the legitimate interests of labor providers and maintaining social stability.
The contract agreed on the project content, quality standards, contract price (comprehensive unit price 470 yuan/m2), payment method, etc.
Later, Party A subcontracted the labor engineering of Building 2 of the same project to Party B, and the two parties did not sign a subcontract for the labor engineering of Building 2.
How to determine the project price of both parties at this time? Recently, Pang Xiuxia, a post judge of the Second Civil Division of Juye Court, heard a dispute over the construction contract of a construction project.
In combination with the fact that both parties negotiated the unit price of Building 2 after signing the Supplementary Agreement, the comprehensive appraisal opinions, The court held that both parties did not reach an agreement on the comprehensive unit price of Building 2 when signing the Supplementary Agreement.
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The Supplementary Agreement only clarifies the payment node of progress payment, but does not explicitly stipulate that the unit price of Building 2 should be implemented according to the unit price of Building 1.
In August 2019, both parties signed a Supplementary Agreement, which agreed to further define the payment nodes of progress payment for Building 1 and Building 2 on the basis of the original subcontract, and agreed that “the remaining payment ratio and unit price shall be subject to the original contract”.
In the practice of construction projects, the general contractor often hands over the contracted project to the actual constructor for construction by subcontracting.
Party A claims that the Supplementary Agreement signed by both parties has agreed on a clear contract unit price, and the comprehensive unit price of Building 1 and Building 2 are the same.
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This supplementary agreement stipulates that “the remaining payment ratio and unit price shall be subject to the original contract”, while the original contract only agreed on Building 1.
Lawyer Sun Xia, who is good at handling economic disputes, contract disputes, property disputes, equity disputes, loan disputes, relocation compensation disputes, and criminal defense, is a partner of Shanghai Minglun Law Firm.
Company B claims that the two parties did not sign a subcontract for the labor engineering work of Building 2.
He teaches students relevant legal knowledge every year and contributes to the cultivation of talents in the motherland..
From the content of the Supplementary Agreement signed by Party A and Party B, it is not clearly stated that the unit price of Building 2 shall be subject to the unit price of Building 1.