Contracting Engineering Common Problems Countermeasures Construction boss must see

Contracting Engineering Common Problems Countermeasures Construction boss must see

Contracting project common problems and countermeasures, perennial mixed sites, not a few "good idea" can do, construction boss must see!
Problems and Countermeasures
1. What should I do if Party A asks for advancement?
Practice consulting Our company received a tender invitation for a project and learned that one of the basic conditions for winning the bid is to invest 10 million yuan in advance. My company feels that it can advance construction, but is afraid that Party A's investment funds are not in place, resulting in a long-term default due to the inability of the funds to be paid in advance to be paid to our company. What should my company do?
Assessment If Party A's late-stage construction funds cannot be raised or is difficult to be put in place, it may result in the difficulty of timely payment of construction project and advances, and may also result in the suspension of works and the formation of “end-of-work” projects, thus making your company’s advances become Bad debts.
At present, project advances are not legally prohibited and are legal acts. However, in order to avoid risks, your company may agree in the construction contract that Party A should pay all or most of the advances before the completion of the project, otherwise your company may refuse to deliver the completed project. At the same time, your company can clearly stipulate the interest paid on the advance payment in the construction contract. If Party A's funds are relatively tight, it generally agrees to agree to advance the interest payment on the loan in the contract. In addition, your company may also agree in the construction contract that Party A has paid overdue payment for overdue payment, and should pay the company a penalty for breach of contract. If possible, your company may also request Party A to provide advancement guarantee.
2. What should be done by Party A when it defaults on the project payment?
Practice consulting Our company has subcontracted a weak electricity project in a commercial-residential building project. According to the contract, the total contracting unit also owes the company more than 1 million yuan in construction costs. Our company has repeatedly requested the total contracting unit to pay, but due to Party A’s renewal of the project’s total cost of more than 8 million yuan, the general contracting unit has no funds to pay for the project owed to our company. What should my company do?
Assessing the arrears of such construction funds in construction projects abounds. When your company asks Party A to pay the money, Party A often refuses to pay on the ground that it has no contractual relationship with your company, thus making your company helpless.
According to relevant laws and regulations, your company can request Party A to pay for the project by way of litigation or arbitration. In your lawsuit or arbitration, your company may use the general contractor as the defendant or the respondent, Party A as a third party, or Party A as the defendant or the respondent and the general contractor as a third party; The general contractor and Party A shall be the defendants or the respondent at the same time for litigation or arbitration. It should be emphasized that Party A shall only be liable for payment of construction costs to your company within the range of the amount due to the general contracting unit.
3. How does Party A refuse to sign the contact list?
Practice consulting Our company is now in charge of the construction of a factory's workshop project. Party A verbally informed me earlier about the company's adjustment of some engineering materials. The company submitted a working contact sheet to Party A regarding the adjustment of the engineering materials. However, Party A refused to sign the work contact list, but only urged our company to step up construction and told me that the adjustment and change part of the company's engineering materials will be settled together after the completion of the plant project. What should my company do?
The assessment of Party A's refusal to sign the engineering materials to adjust the change work contact sheet was mainly to avoid the extension of the construction period, increase of costs, and price adjustments that may be caused during the construction of the project. If your company does not submit the work order to Party A for signing, then the changes in the engineering materials that Party A informs orally during the construction process are likely to be rejected by Party A in the final project completion settlement due to no written proof.
If your company submits information in person and Party A refuses to sign, your company can send it by express mail and specify the contents of the material sent to you in the “Inward Item Name” column of the express delivery. To obtain the voucher signed by the other party, you can also search for and print the express receipt voucher on the relevant website, keep the above voucher and keep the voucher and fee invoice. These evidences are sufficient to prove the fact that the other party has received the receipt. For particularly important information, your company can also send by registered notarization.
4. What should I do if Party A delays acceptance?
Actual consulting The construction of a plant project completed by our company has been completed. Our company has repeatedly requested Party A to organize acceptance. However, it delays acceptance on various pretexts under the pretext of using it, and begins to use the completed factory building on the basis of urgent need for production. What should my company do?
Evaluating Party A's failure to organize acceptance after the completion of the project, first of all, trying to delay the payment for the construction node that should be paid to your company, and secondly, trying to “cause” the situation that your company cannot be completed on schedule and requiring your company to bear the liability for breach of contract. .
First, in accordance with the law, if the project has not been checked or passed acceptance, it must not be delivered for use. Therefore, when delaying acceptance by Party A, your company may refuse to deliver the project. Secondly, in accordance with the stipulations of the model text of the construction project construction contract, your company shall submit a completion acceptance report and require Party A to sign for it at the time stipulated in the contract. Party A shall, within 28 days after receiving the completion acceptance report, organize the acceptance of the relevant unit, and Within 14 days of giving approval or suggesting amendments. If Party A does not organize acceptance within 28 days after receiving the completion acceptance report submitted by your company, or if it does not propose an amendment within 14 days after acceptance, it is deemed that the completion acceptance report has been approved by Party A. According to the interpretation of the Supreme People's Court, the date on which the project is submitted by the contractor for the acceptance report is the completion date. Finally, if Party A does not use the product without experience, it shall assume the quality responsibility of using part of it without authorization. However, the responsibility for the quality of foundation foundation engineering and main structure shall be borne by your company within the reasonable service life of the construction project.
5. What to do if the steel price rises significantly during the construction process?
Practice consulting Our company has signed a fixed price contract with Party A. However, during the construction process, the steel price has risen sharply (more than 20% of the contracted price increase). Our company requires Party A to respond to the contracted steel price. Adjustments, but Party A will not adjust the contract on the ground of a fixed price contract. What should my company do?
Assessment In this situation, your company is often faced with a dilemma. Continued performance of the contract will result in a serious loss of the project, failure to perform the contract, and also face liability for breach of contract and huge claims.
The price increase of steel during construction of the tributaries exceeds the normal and reasonable fluctuation range of the market price, which is beyond the range that your company and Party A can predict. If the contract continues to perform unfairly to your company, your company can According to the relevant documents, Party A shall adjust the price of steel products to a certain extent. If Party A disagrees, your company may also apply to the court or arbitration institution for adjustment. It should be noted that there are no legal provisions and specific standards for this kind of adjustment. Your company must assume a heavier burden of proof, and judges or arbitrators should freely decide whether or not to adjust and adjust. We suggest that the best way is to sign the construction contract, your company and Party A clearly agreed to undertake the scope of the construction materials price risk, for example, can agree that the price of building materials rise and fall within 5% by your company to bear losses or gains, 5% shall bear losses or gains from Party A.
6. How does Party A refuse to apply for a visa in accordance with the agreed method?
Practice Consultation The contract signed by the company and Party A for the construction contract requires that the visa information must be affixed with the official seal of Party A to be valid. During the construction process, Party A proposed some engineering changes, and our company completed the construction of the project in accordance with the change requirements. When our company made the above-mentioned project change contents into visa information and Party A required to affix its official seal for confirmation, Party A rejected the official seal on the ground that it could not be covered up. What should my company do?
The assessment that “visa should be affixed with the official seal of Party A to be valid” is a requirement for the entry into force of your visa with your company. If you do not stamp the official seal of the company, it may invalidate the visa. Your company's request to extend the duration and increase the cost may not be realized.
According to the law, if your company can prove that the project change is proposed by Party A and required by your company to be implemented by other evidence than the visa, you can use the other evidence to confirm the project change, construction period and price adjustment. Therefore, when Party A refuses to affix the official seal, your company should collect and collate the evidence that Party A issued the engineering change order and the construction content of the company and therefore made the change adjustment, as well as the visa has been submitted to Party A's receipt records, such as express delivery, mailing, etc. The relevant documents submitted by the way, hidden projects should also be good image data retention. With this information, your company can use the claim to achieve the visa purpose of the construction contract.
7. How does Party A request to review the fixed price contract?
Practice consulting Our company and Party A signed a fixed total price contract, and both parties have never disputed during the construction process. However, at the time of completion of the settlement, Party A believed that the price of the fixed total price was a bit high, and therefore requested the commissioning of the trial price. Our company did not agree that A could disregard my company. What should my company do?
Evaluation If there is no design change in the fixed total price contract, project content adjustment, economic visa, etc., there will be no question of price evaluation. If your company agrees to Party A commissioning the trial price, you may have to bear the adverse consequences of the contract price reduction.
The contract between your company and Party A is a fixed total price contract. Normally, the contract price will not be adjusted. However, if there are design changes, economic visas, and other circumstances that cause changes to the contract price during the construction process, your company and Party A may adjust the fixed total price agreed in the contract. If there is no such situation that causes the contract price to change, Party A may request that the price of the contract be reviewed again. Your company may reject it. If design changes, economic visas, and other circumstances cause changes to the contract price on the original basis, your company may agree to review the price of the contract price only.
8. What should be done if the materials supplied by Party A have quality problems?
Practice Consultation The construction contract signed between the company and Party A stipulates that the construction materials are supplied by Party A. Because of the quality problems of the steel supplied by Party A, the supervision unit of the company completed the construction with this steel was found to have quality problems, and the supervision unit requested that our company must dismantle this part of the project with quality problems. What should my company do?
Assessing the quality of construction materials contracted by Party A in the construction contract has quality problems. In particular, the steel used as the main building material has quality problems. As a result, the quality of the work completed by your company using this steel is unqualified, and the supervision unit requests the dismantling. Both Party A and your company will suffer serious losses.
If the construction materials supplied by Party A do not meet the contractual stipulations and the standards stipulated by the State, your company has the right to refuse the use and ask Party A to provide it again. As a result, the construction period is suspended or postponed, and the construction period shall be extended. Party A shall compensate for the losses and actual costs incurred by your company such as work stoppages, labor shortages, backward use, mechanical equipment transfer, and backlog of materials and components. In addition, according to the law, your company has the obligation to inspect construction materials and use qualified construction materials during the construction process. If the quality of the construction materials provided by Party A is unqualified and your company has not fulfilled the inspection obligation that caused the follow-up construction to have quality problems, your company should also bear the corresponding responsibility. In other words, when the construction materials supplied by Party A are unqualified and the quality of the project is unqualified, Party A and your company should bear the corresponding responsibilities. Therefore, when using the building materials supplied by Party A, your company should check off the good building materials and firmly reject the use of unqualified building materials.
9. Does the contractor's construction project data seal have external effectiveness?
Practice Consulting Our company material staff did not agree with the project manager, secretly covered the construction project department information seal and a gravel supplier signed a contract valued at 500,000 yuan (the contract has not been fulfilled), and the contractual payment terms are unfavorable to our company. . What should my company do?
There are many problems in assessing the seal management at the construction site. There is a controversy over whether or not your company should bear legal liabilities and what kind of legal liabilities it should bear. The risk is not small.
Although your company's construction project department data seal is not your company's official foreign seal, after the seal is stamped on the foreign contract, if the contract has been performed or partially fulfilled, your company has not raised the objection, it can be It is regarded as your company's recognition of performance behavior. It is a kind of ratification of a seal that has no external effect. Your company should bear the responsibility for performing the contract. Therefore, if the above situation occurs, your company should immediately notify the other party in writing if the contract has not been fulfilled. The signing contractor who affixed the special seal of your company's construction project department's information is not authorized by your company. The signing of the contract is invalid. behavior.
10. What happens to subcontractors when accidents happen to the general contractor?
Practice consulting Our company subcontracted the carpentry project to a labor service company during the construction process of a project, and agreed that the responsibility for the safety of the subcontracted project is the responsibility of the labor service company. During the construction of the carpentry project, the hand of an employee of the labor service company was injured by a chainsaw. The company's post-investigation investigation revealed that the employee had no wooden wages. What should my company do?
Evaluate your company as the general contractor to take responsibility for the safety of the construction site. Therefore, your company should bear the corresponding responsibility for the safety accidents that occur on the construction site.
According to the law, your company as the general contractor should take overall responsibility for the safety of the construction site. If the subcontractor does not obey the management and lead to production safety accidents, the subcontractor shall bear the main responsibility. Therefore, your company should sign a subcontract with a regular and standard management unit when subcontracting the project. Among the above problems, since the woodwork employed by the subcontractor does not have the wooden wage quality, which has led to the occurrence of a safety accident, the subcontractor shall bear the main responsibility for this and assume the employee’s work injury liability. It should be emphasized that your company as a general contractor should not subcontract the project to a team that does not have any qualifications. Otherwise, once a safety accident occurs, your company will bear all responsibility for safety and related personnel's compensation for work-related injuries.
11. What should be done if Party A wants to sign two contracts after winning the bid?
The practical consultation was invited by Party A to bid. Our company won the bid for a project. In order to pay less tax, Party A requires two contracts to be signed with our company, one to be signed according to the actual winning bid price as a basis for actual project construction, and one to be signed at a discount of 20% according to the actual winning bid for the government's filing. My company does not want to offend Party A and wants to reduce risk. What should I do?
The evaluation of the contract that is based on the actual winning bid price is a “white contract”. The contract based on the actual winning bid price is the so-called “black contract”. After the completion of the project, if your company and Party A settle the project payment, if there is a dispute regarding which contract is used as the settlement basis, according to the Supreme Court's interpretation, the contract signed by your company that is based on the actual bidding price will be regarded as expensive. The company and Party A settle the project basis. In other words, signing the two contracts means that your company will take 20% less of the project money.
We have to accept the project and we can do without it. Your company can agree with Party A's request, but it should attach a condition: The amount of work to be completed in the contract signed according to the actual winning bid price should also be discounted by 20% based on the amount of work in the bid proposal. The discount method can be handled flexibly, for example, a part of the project is tentatively scheduled for a lower amount, and it is agreed that the adjustment will be made in the future.
12. What if the construction drawings and the tender drawings are different?
The actual consultation Party A issued a bidding document, and agreed that the total project price should be contracted according to the drawings. My company bid and won the bid. Subsequently, Party A provided a set of construction drawings that were the same as the drawings for the tender drawings, and requested that a construction contract be signed with our company. After checking the two drawings, our company found that the amount of steel used on the construction drawings was 500 tons more than that on the tender drawings. What should my company do?
The assessment of the above situation is actually a hidden price of several million yuan by Party A. If your company does not find the difference between the two sets of drawings in time, or if you have the chance to adjust the price later and Party A has signed a construction contract, then the construction drawings will become an integral part of the contract instead of the tender drawings. During the construction process, even if it is necessary to use several million yuan of reinforcing steel bars, it is difficult for your company to request Party A to adjust the total contract price.
First, your company should immediately notify Party A after discovering that the two sets of drawings are not the same, telling Party A that although the construction drawings and the tender drawings have the same drawing number, the construction drawings use 500 tons of reinforcement more than the tender drawings. Secondly, your company can request that Party A sign the contract in accordance with the tender drawings instead of the construction drawings on the grounds that the construction contract cannot substantially modify the bidding documents and the bidding documents. Finally, if the second step does not work, if your company wants to pick up the project, you can agree to follow the construction plan. However, you must ask Party A to confirm in written form the modifications to the tender drawing and to apply for an additional contract in accordance with the design change. Price and extension period.
13. How should Party A subcontract the project within the scope of the contract?
Practice consulting Our company has always contracted for a project. The contracting scope includes structure, decoration, and installation of water and electricity. During the construction process, Party A shall subcontract the aluminum doors and windows, earthwork backfilling, elevators, and lobby decoration to other construction companies, giving only 2% of the company's cooperation fee. What should my company do?
It is understood that all the work done by Party A requires subcontracting out of lucrative fat. The bones left to your company are hard to find and have no meat. The 2% matching fee is far from enough to make up for your company. Loss. If it does not stop Party A’s subcontracting, it is likely that the originally profitable project will suffer a substantial loss.
Wealth First, before you can obtain an acceptable fee for cooperation, your company can arbitrarily deny Party A's subcontracting of the above-mentioned project to narrow the scope of the contract. Because without your company's consent, Party A does not have the right to modify the contract unilaterally. Secondly, if Party A disregards your company’s objection to subcontracting the project, your company should require Party A to sign a supplementary agreement, agree the fee, reduce the scope of the contract, reduce the contract price, and pay special attention to the scope of contracting after the contract is contracted. Its boundaries with the subcontractors work surface to avoid wrangling. Finally, your company should prepare a project schedule plan and report it to Party A for confirmation. The plan should detail the project progress requirements for the subcontractors designated by Party A, paying particular attention to the requirements that Party A's designated subcontractors should provide to your company's work surface and at what time.
14. How does the representative of Party A verbally inform Xiebian?
The practical consultation construction was in the rainy season and the site was very muddy. Leaders of Party A’s superiors were required to visit the site and Party A’s representatives hurriedly informed the company that they were working outside the construction road immediately but did not confirm it in writing. What should my company do?
According to the assessment, the pedestrian walkway will undoubtedly belong to the work beyond the contractual agreement. The money for repairing the pedestrian walkway should be paid by Party A to the company outside the contract price; but from the actual development of this incident, Once Party A does not recognize the money, the verbal notice of Party A's representative will be found without any confirmation in writing. Therefore, it is difficult for your company to request Party A to add additional money to the Pawn Shop.
If there is no special agreement between Party A and your company, in accordance with the model contract of the construction contract promulgated by the Ministry of Construction, first of all, even if your company has an opinion on the oral instructions of Party A's representative, it should try to implement it while submitting a written opinion to Party A. Verbal instructions. Second, your company should notify Party A's representative in writing within seven days after Party A's representative issues an export instruction, and ask him to sign and confirm the oral instructions. If Party A's representative fails to respond to the confirmation request in a timely manner, it is deemed that the verbal instruction has been confirmed. In addition, if your company fails to promptly confirm the verbal instructions from the representative of Party A as in the second step, your company should also request Party A's representatives to confirm the verdict in meeting minutes, acceptance records, or other written documents.
15. What should happen if Party A delays payment of payment?
Practice consulting Our company has contracted a project. The contract stipulates that Party A should pay the progress payment on a monthly basis. Due to the financial crisis of the Group where Party A was located and after the main structure was out of the ground, Party A began to delay the payment of progress payments. What should my company do?
Assessing the financial crisis of the Group where Party A is located, Party A was unable to pay the progress payment at one time. If your company wants to continue to do it, it needs funds to carry out the construction of advances and assumes the risk that the advances may not be received. If you don't do it, your company will not be able to make profits if you do the rest of the project.
If there is no special provision in the contract, according to the interpretation of the model text promulgated by the Supreme People's Court and the Ministry of Construction, first of all, your company may sue Party A for payment in writing. If Party A is sincere and provides a payment guarantee, your company may agree to sign a deferred payment agreement with Party A, agreeing on the deferred payment period, interest and guarantees, etc.; secondly, if Party A neither pays nor wishes to reach a deferred payment agreement, The company may stop the construction and notify Party A in writing, and at the same time keep the evidence of wages, materials, machinery rental fees, etc. during the shutdown period; again, if Party A fails to pay after more than 56 days of suspension, your company may notify Party A in writing to cancel the contract. At the same time, it should confirm with Party A and the supervisor that the project has been completed, and it is best to negotiate with Party A about the cost of the completed project and Party A’s compensation.
16. How to avoid the construction period penalty by contracting the "trilateral project"?
Practice consulting Our company has undertaken a project. Party A requires completion of the ceremony before the ceremony. Otherwise, our company will pay a penalty of 10% of the total contract price. Party A provided the design drawings and our company worked on the construction side. Due to the fact that construction drawings cannot be provided in a timely manner or even modified and adjusted from time to time, construction workers are often involved in work stoppages and completions. What should my company do?
Assessing the duration of the project is very risky. Without construction drawings, it cannot be constructed. Once the schedule is delayed, your company will bear a large amount of liquidated damages if there is no evidence that the cause is due to Party A.
First, your company can revise the schedule, and provide the construction drawings as a precondition for the start of each project, and report it to the supervising agency for approval as the basis for requesting Party A to provide drawings. Second, if Party A fails to provide drawings before the start of a project, your company should urge Party A to provide it in writing. Again, if there is no special agreement in the contract and Party A has not provided construction drawings after urging, your company should apply to Party A in writing within 14 days thereafter for extending the construction period and requiring Party A to compensate for the loss of work stoppage, and it is best to apply every 14 days. Once, Party A provided drawings. In this way, your company can not only avoid the responsibility of delaying the construction period, but also get compensation for the loss of work stoppages during the delay of drawings.
17. What should I do if there is a quality problem with the B supply?
Practice consulting Our company undertakes a pile foundation project, the construction period is 100 days, and the default penalty for each delayed completion is 20,000 yuan. Pipe piles were purchased by our company from a well-known pipe pile factory. Bureau of Quality Supervision found that spot diameters and spacings of pipe piles on site did not meet the requirements of the code, and sealed the site pipe piles. What should my company do?
Assessing your company's greatest risk is that the duration is so short. It takes a long time for the Quality Supervision Bureau to investigate the quality of pipe piles. Delaying the construction period will mean that your company will have to pay Party A a large amount of liquidated damages. In addition, if the matter is handled improperly, your company may face a fine of up to three times the pipe pile payment price as required by law.
First, your company should collect information on pipe pile purchases and inspections, and send a letter to the Bureau of Quality Supervision, stating that it is unqualified for the batch of pipe piles, and actively cooperate with the Bureau of Quality Supervision to handle the case. Second, your company should actively communicate with Party A and the supervisor, and separately purchase qualified pipe piles from other units to complete the remaining works as soon as possible. Again, your company should notify the original pipe pile factory in writing and ask them to come forward to deal with the problem of unqualified pipe piles. Finally, your company should collect materials that can prove its own related losses. After the Quality Supervision Bureau handles the case, it will make a claim to the original pipe pile factory.
18. What about the Subcontractor Project Department?
Practice consulting Our company has generally contracted a project and subcontracted part of the renovation work to a company. During the construction process, the subcontractor's project manager department had no command and management at the construction site, and the labor team could not perform construction. What should my company do?
Assessing the total package contract often stipulates that the general contractor shall bear the strict duration and quality responsibility. The total contract is often similar to the duration of the construction period, and the total contractor shall pay Party A the damages of 30,000 yuan. Although the subcontract contract amount is not high, if the subcontractor does not complete the subcontracting project according to the construction schedule, it will lead to the completion of the entire project within the contract period, then according to the contract, the general contractor will need to Party pays a large amount of liquidated damages.
First, your company should inform the subcontractor in writing to release the subcontract and fully take over the subcontracting project instead of asking the subcontractor to manage the labor force on their own behalf. Secondly, when the subcontracted project is fully taken over, your company should notify the subcontractor to participate in the handover. The supervising entity should check the subcontractor's completed project quantity and list all the quality problems that need to be repaired. Again, your company can complete the remaining projects by comparing the selected construction units, and ask them to repair the quality problems left by the previous subcontractors. To avoid conflicts, the selected construction units can try to receive the original service teams. In addition, in the case of separate settlement with two subcontractors, the amount of completed work, unfinished work, and repair costs should be differentiated.
19. What should I do if Party A delays the completion of settlement?
After the completion of the practice consulting project, our company submitted a completion settlement report. As a result of the resignation of Party A’s leadership, six months later, the new leader of Party A submitted the final settlement report to the accounting firm for review. Because Party A did not approve of some of the visas that occurred during the construction process, one year after the audit, the accounting firm still did not issue opinions. What should my company do?
The evaluation of the construction company had reluctantly called this situation: settlement without trial, trial and decimation, and when the payment was not in sight.
First, your company can first confirm with Party A the project price of the uncontested part, single out the disputed item, negotiate with Party A separately, or file a lawsuit with the court. Secondly, if Party A does not have the sincerity of the negotiation, your company should file a lawsuit or arbitration for the entire settlement cost or controversial part as soon as possible and ask Party A to pay interest on the project payment and the unpaid project payment calculated from the date of actual delivery of the project. Avoid delays. In addition, there is a small trick: When signing a construction contract, try to stipulate “Applicable Ministry of Construction No. 369” in the special clause 3.2 as it stipulates: after receiving the completion settlement report and the complete completion settlement data Within 20 to 60 days, Party A should submit the review report of the completion settlement; otherwise, it is deemed to have approved the completion settlement report; in this way, once Party A delays to review the completion settlement report, your company can request Party A to pay the project payment according to its calculated completion settlement cost. .
20. How does Party A respond to the notification of warranty quality problems?
Shortly after the actual consultation and general acceptance of a residential project was completed and accepted, the company received a maintenance notice from Party A regarding the external wall seepage of the project. The company believes that the water seepage problem is not related to the quality of the construction. It is due to the fact that the door and window joints of the door and window suppliers designated by Party A have not been sealed. What should my company do?
Assessment If your company ignores Party A's request, Party A will appoint other construction units to repair. If this happens, there are two risks for your company: On the one hand, the cause of water seepage will be difficult to ascertain; on the other hand, the maintenance cost may be much higher than the need for repairs by yourself. According to the current laws in our country, Your company should bear the corresponding maintenance costs.
First, your company should look at the quality issues with the supervising agency, record photographs, and issue a maintenance plan to the supervision unit for approval. This is because the current warranty provisions of the law are to be repaired and to discuss who will bear the costs. Secondly, your company should inform Party A of the maintenance plan and maintenance fee list, and explain that the quality problem is caused by the installation of the door and window supplier. Once again, after repairing the quality problems that have arisen, your company should report to the supervision unit for acceptance. Finally, your company should ask A to recover the maintenance fee from its designated window and door supplier and pay the maintenance fee to itself.
21. What if the contractor's postponement project does not pay for the project?
Practice consulting Our company has contracted the commercial residential community project developed by a certain unit. Due to the continuous downturn of the national commercial housing market affected by the financial crisis, the follow-up sales prospects of the developers are uncertain, so the construction of our company has not been capped to the project (10 more About the amount of the project was capped.) The contractor sent a letter to our company requesting that the construction be suspended and notice of withdrawal within 10 days. According to the contract of both parties, the contractor pays 80% of the project price after the project is capped. Suspending construction now, our company requested to pay for the project, and the contractor thinks that the project has not reached the payment node, so it cannot pay. What should I do with my company?
As a result of the financial crisis, many real estate development companies suspended construction projects that were under construction due to financial problems and had not yet sold the project. However, in the process of suspending and postponing construction, they insisted on the contractual agreement of nodal payment, and some When the node refuses acceptance, it fails to pay the bill. As a result, the contractor’s previous investment (withdrawal) cannot be recovered, making the construction unit the “leader” who bears the developer's project development risk.
According to the provisions of the contract law, the “tributary” stipulates that: “If the party improperly prevents the achievement of the conditions for his/her own interests, it shall be deemed that the conditions have been fulfilled; if the conditions are improperly contributed to the achievement of the conditions, the conditions will be deemed to be unsuccessful.” Due to the financial crisis, the developers The decision to suspend the slow-start construction project objectively prevented the project from continuing construction to the payment node, subjectively to avoid the risk of funds and to reduce the payment of external payments. Therefore, this kind of suspension and deferment of the developer should be regarded as "blocking the payment terms from being accomplished." Your company can legally claim payment for the node payment to the developer.
22. What should the contractor do if the financial crisis is force majeure and does not pay for stoppage losses?
Practice consulting Our company in a project construction, the contractor due to the financial crisis informed the company to stop construction, the specific date of restart waiting for notice. As a result of the contractor’s suspension of work, the company’s huge losses were incurred. For this reason, our company submitted a compensation claim to the contractor for the loss of work stoppage, but the contractor refused to pay because the financial crisis was a force majeure. What should I do with my company?
Assessing the impact of the financial crisis on the housing market is obvious, and it has also had a significant impact on the units engaged in the construction of real estate projects. Due to the sudden shutdown of the project, the construction unit incurred various losses and expenses such as capital backlog loss, labor loss, material cost loss, mechanical shift loss, secondary turnover expense, and personnel evacuation, which made the construction unit overwhelmed.
China’s law explicitly states that “force majeure is an objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.” “If a contract cannot be performed due to force majeure or causes harm to another, civil liability is not assumed, unless otherwise provided for by law.” The above provisions, due to force majeure can not perform the contract, if the law does not provide otherwise, it does not need to bear civil liability. So, is the financial crisis a force majeure? In fact, the financial crisis is a "man-made disaster" caused by manpower, and it also belongs to a business risk in the business process. This kind of risk is not force majeure. Therefore, there is no legal basis for the contractor to use the financial crisis as a force majeure and not to pay for suspension losses. Your company can claim all losses caused by the unauthorized stoppage of the contractor.
23. Can my company exercise a lien on the contracted project?
Practice consulting Our company contracted to construct a large-scale residential area of ​​a real estate company. Before the project was accepted and delivered, due to the financial crisis, the contractor also owed 2 million yuan of due construction funds and 8 million yuan of unexpired engineering funds. The company was concerned that after the project was delivered, the contractor did not perform. Therefore, all the projects were “detained” and were not delivered. After more than a month, the company delivered the project under the coordination of the government. The outsourcing contractor claims compensation for the owner’s compensation of RMB 5.8 million due to overdue delivery of the company’s project. What should we do?
Assessing the impact of the financial crisis on the real estate market is obvious. Your company's concern is not entirely unreasonable. However, if rights are improperly exercised, they will not only fail to protect their rights but will counter the opposite.
Most of the exercise of the lien lien is in relation to movable property, and the construction project belongs to immovable property. In principle, the lien cannot be applied. In addition, the preferential payment of the project price as a priority right protection law for the contractor has a clear provision, and the right is not lost due to the transfer of the subject matter, so the law does not stipulate that the construction project contractor can exercise the lien right. Delivery acceptance of the project. Therefore, your company may need to take corresponding responsibility. It is suggested that under these circumstances, the right to unfair defense can be asserted, and the defense right can be fulfilled simultaneously. Moreover, the exercise of the right to defense is reciprocal, and it cannot be the same as if the contractor defaulted on a project payment of 2 million yuan, and your company “detained” the other party’s project costing 100 million yuan. The project is obviously not equal.
24. 我公司不断被实际施工人起诉怎么办？
实务咨询我公司总承包了一段高速公路工程，现在工程已经竣工验收通过并交付使用，但近段时间，我公司收到了三份实际施工人提起的诉讼，诉讼标的都在300～500万元不等，且我公司并不知道有这些实际施工人存在。请问针对这种情形我公司该怎么办？
评估实践中出现了实际施工人的合同相对人也具备支付工程款的实力，而实际施工人只是为向发包人索要超出合同约定的高额不法利益，甚至与其有合同关系的相对人恶意串通，或者说就是合谋借机向发包人或者总承包人敲诈勒索，恶意提起以发包人或总承包人为被告的诉讼。由于发包人或总承包人对转包、违法分包合同的履行情况并不知情，无法抗辩，诉讼结果极有可能损害发包人利益。
支招最高法院建设工程施工合同司法解释第26条第2款规定了实际施工人可以直接起诉发包人主张索取工程款。但在目前实践中认为，只有在实际施工人的合同相对方破产、下落不明等实际施工人不提起以发包人或者总承包人为被告的诉讼就难以保障权利实现的情形下，才准许实际施工人提起以发包人或总承包人等没有合同关系的当事人为被告的诉讼。据此，贵公司可以提供证据证明实际施工人的合同相对方存在具有相应履行能力即可能免除承担不利诉讼后果的可能。
25. 发包人要求我公司承担联合承包另外一主体的责任怎么办？
实务咨询我公司与A施工单位联合承包了一项高速道路及大型桥梁工程，我公司负责沿途桥梁施工，A单位负责道路施工。现由于A单位部分路段的施工质量存在严重问题，发包人不但通知我公司与A单位立即进行整改，而且提出了500多万元的索赔。请问这种情况下我公司该怎么办？
评估组成联合体进行招投标的工程往往是技术难度大、工程量大、建设周期长、资金消耗量大等疑难复杂的工程，联合的目的实际上是为了化解风险，但有时选择的相对方若存在管理、信誉等方面的问题时，不但难以化解风险，反而会产生更大的风险。
支招依据有关法律法规的规定，联合承包体为非法人组织，联合承包体内部的成员单位为共同承包人，对施工合同履行承担连带责任。换句话说，联合承包各方对外并不区分各自的合同义务，不能以联合各方内部分工，对外抗辩发包人对不属于自己施工范围的部分不承担责任。联合承包各方对承包合同承担责任意味着承包各方对合同约定的全部责任和义务承担连带责任。所以，建议在联合承包时一定选择实力强、信誉好、社会评价高的单位合作，还应在双方合同中明确约定对外承担责任后可以进行追偿。
26. 评估单位未认定承包人的签证单怎么办？
实务咨询我公司承包了一座污水处理厂工程，工程结束后由于双方对于结算问题达不成一致，我公司诉讼至法院，后在法院主持下对工程造价进行了鉴定评估，但评估单位认为我公司提供的部分工程签证单不能被计算在评估价款中。请问我公司该怎么办？
评估实践中，由于施工单位签证管理水平参差不齐，许多施工单位的签证文件最终不能被发包人及法院等认可，导致施工单位投入的人力物力却得不到应有的回报，有时损失巨大却有苦难言。
支招工程签证是工程承发包双方在施工过程中按合同约定所达成的双方意思表示一致的补充协议，互相书面确认的签证即成为工程结算或最终结算增减工程造价的凭据。其关键是双方是否就支付各种费用、顺延工期、赔偿损失达成了一致意见且在形式上符合合同的约定(如必须签字、盖章等)。因此，如果贵公司签证单不完全具备上述条件而存在一定瑕疵的，建议贵公司可以提供其他有关的证据证明工程签证单载明的工程内容确已完成，据此可以让鉴定评估单位补充评估。
27. 我公司中标的合同价低于成本价怎么办？
实务咨询我公司中标承建了某市城市环路项目的一个标段，项目建设过程中，我司垫付了大量的款项，现工程已经竣工验收合格，但按照工程量核算，我公司的中标价格明显低于该工程的成本价，现我公司亏损巨大。请问对此问题我们该怎么办？
评估虽然法律明确规定不得低于成本价竞标，但在目前的建筑工程市场上，恶意竞争、无序竞争导致很多施工单位为了中标而不断降低投标价格甚至低于成本价投标。实际中标后想以签证、索赔等方式增加工程款，但随着发包人工程管理的加强，施工单位在低价中标后增加工程款的意愿很难实现，如果保证工程质量没有问题，巨亏似乎成了必然。
支招对于应当招投标的工程项目，若经招标投标订立的建设工程施工合同约定的工程价款低于成本价的，该类合同可以被认定为无效或者说关于工程价款的条款可以被认定为无效。若合同或条款被认定无效的，承包人可以主张参照合同约定的价款进行结算。由于贵公司施工的项目经验收合格，所以，建议贵公司可以主张合同无效或工程价款条款无效，并参照有关内容向发包人主张结算。
28. 工程项目不是必须招投标项目而存在“黑白合同”怎么结算？
实务咨询由于一座厂房工程不是必须招投标的项目，所以，在我公司报价并让利下浮6%后，发包人同意我公司以2560万元的价格承包了上述厂房工程并签订了正式的施工合同。后为办理施工许可证，双方又签订了一份1800万元的备案合同且另行约定不作为结算依据。现在工程已经结束，双方就结算发生了争议，请问我们应该以哪份合同作为结算依据？
评估贵公司所说的“黑白合同”不是我们通常严格意义上的“黑白合同”，严格意义的“黑白合同”是针对必须招投标的工程而言的。最高法院司法解释的规定也是针对“中标备案合同”与“另行签订的合同”而言的，所以，贵公司的情形不当然适用最该法院的司法解释关于“黑白合同”的规定。
支招依法不属于必须招投标的工程项目，发包人未进行招投标而直接与承包人签订建设施工合同，但为了办理有关手续而编造与招投标“事实”相对应的“白合同”，以应付主管部门检查。在此情况下，如果双方已明确，“白合同”仅用于办理建设手续之用而不作实际履行。因当事人相互配合以编造文件的方式履行双方签订的合同(指“黑合同”)，并不属于法律和行政法规禁止的行为，根据法无禁止即自由的法理，当事人签订“白合同”的行为并不违法，故“白合同”并不当然无效，但其效力仅限于当事人的意思范围，即用以办理手续，而不应直接以之作为结算工程款的依据。
29. 发包人拖延结算怎么办？
实务咨询我公司承包的工程经施工竣工验收合格后，公司按照合同的约定向发包人提交了竣工结算资料，但时间已经过去快半年了，发包人还没有就结算文件提出意见，只是一拖再拖让我公司再等等。我们之间签订的是《建设工程施工合同》范本，我公司能否依据通用条款33.3条的规定内容视为发包人认可结算文件并以此主张支付剩余工程款？
评估发包人经常以拖延结算的方式达到延期付款的目的，同时也阻碍了付款条件的成就，也不用承担逾期付款的违约责任。这也导致了承包人大量资金的积压，同时也使承包人对外应付的很多款项无法支付而可能向第三人承担违约责任。
支招司法实践中已经明确：建设部制定的建设工程施工合同格式文本中的通用条款第33条第3款的约定，不能简单推论出，双方当事人具有发包人收到竣工结算文件一定期限内不予答复，则视为认可承包人提交的竣工结算文件的一致的意思表示，承包人提交的竣工结算文件不能作为工程款结算的依据。因此，建议承包人在合同专用条款中明确约定发包人拖延审价将以承包人报价作为结算依据的内容。
30. 发包人未通知我公司保修而扣除保修金怎么办？
实务咨询我公司承包施工了一物流园的仓库，工程结束后，尚留存150万元左右的质量保证金未付，近期约定的支付质保金的两年期限届满了，我公司要求发包人支付质保金，但发包人说我公司施工的工程屋面漏水，通知我公司维修，我公司没来，所以请其他施工单位维修花费100余万元，现只愿意支付剩余部分的质保金。请问我公司该怎么办？
评估在工程竣工交付后，发包人不但以各种理由拖延结算，而且会找各种问题减少工程款的支付。同时，发包人也往往会以各种理由尽量少付或者不付留存的质保金，很多时候让承包人难以应对。
支招在合同约定及法律规定的工程质保期内，承包人应当履行相应的保修义务，但发包人在出现需要进行工程维修的情形时，应当及时通知承包人。基于此，虽然发包人说通知贵公司来维修了，但贵公司实际并没有接到有关通知，发包人也没有证明贵公司已经收到保修通知了。所以，不管之前是否存在需要保修的工程，贵公司仍然可以主张发包人全额支付留存的质保金。

30x60mm Wine Closures

Hicap is the leading producer of screw caps for wine and spirits in China. We can offer high quality wine bottle screw caps with reasonable price.

These are available in various size options such as 30x60mm Wine Closures, 36x52mm Spirits Closures.

These caps are available with liner options of EPE liner, saranex laminated liner and tin-saranex laminated liners (for premium wines).

The saranex and tin-saranex laminated liners are sourced from world-class producers based out of Europe.

The aesthetic enhancement for caps decoration include options such as;

Custom top logo printing
Top embossing on registered logo design
Sidewall offset printing (up to 4 colours)
Sidewall silk screen printing (up to 2 colours)
Sidewall embossing

30X60mm Wine Closures,Screw Caps On Wine Bottles,Wine Bottle Screw caps,Wine Bottle Closures

Yantai Hicap Closures Co., Ltd. , https://www.hicapclosure.com

Next Article
Prev Article