Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II)
Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II)
Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II)
Fa Shi [2018] No.20
December 29, 2018
The Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II), which was adopted at the 1751st meeting of the Judicial Committee of the Supreme People's Court on October 29, 2018, is hereby promulgated, and shall come into force as of February 1, 2019.
Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II)
(Adopted at the 1751st meeting of the Judicial Committee of the Supreme People's Court on October 29, 2018, and effective as of February 1, 2019)
The Interpretation is formulated based on trial practices in accordance with the General Rules of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Construction Law of the People's Republic of China, the Bid Invitation and Bidding Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and regulations for the purpose of correctly hearing construction project contract dispute cases, protecting the legitimate rights and interests of the parties in accordance with the law, maintaining the construction market order and promoting sound development of the construction market.
Article 1 The people's court shall uphold either party's request for defining rights and obligations according to the contract awarded in the case of any discrepancy between the construction project contract otherwise made and entered into by the bid inviter and the bid winner and the contract awarded in respect of the scope of work, construction period, project quality, project price or any other substantial content.
The people's court shall uphold either party's request for confirmation of the invalidation of the contract otherwise signed by the bid inviter and the bid winner with respect to purchase of the constructed house property at a price obviously higher than the market price, free construction of housing supporting facilities, and surrender of part of the profits or donation of properties to the construction unit for the purpose of reducing the project price in disguised form in light of its deviation from the substantial content of the contract awarded.
Article 2 The people's court shall uphold either party's request for confirmation of the invalidation of the construction project contract based on the excuse that the employer failed to obtain the construction project planning permit and handle other planning approval procedures, unless the employer obtains the construction project planning permit and handles other planning approval procedures before legal action is taken.
The people's court shall not uphold either party's request for confirmation of the invalidation of the construction project contract based on the excuse that the employer has not handled the approval procedures if the employer can handle such procedures but does not do so.
Article 3 Where either party requests the other party to pay compensation for the loss arising from the invalidation of the construction project contract, such party shall bear the burden of proof with respect to the other party's default, amount of loss and causal relationship between the default and the loss.
If the amount of loss cannot be determined and either party requests determination of the amount of loss according to the quality standard, construction period, time for payment of the project price, etc.
......
Fa Shi [2018] No.20
December 29, 2018
The Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II), which was adopted at the 1751st meeting of the Judicial Committee of the Supreme People's Court on October 29, 2018, is hereby promulgated, and shall come into force as of February 1, 2019.
Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Construction Project Contract Dispute Cases (II)
(Adopted at the 1751st meeting of the Judicial Committee of the Supreme People's Court on October 29, 2018, and effective as of February 1, 2019)
The Interpretation is formulated based on trial practices in accordance with the General Rules of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Construction Law of the People's Republic of China, the Bid Invitation and Bidding Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and regulations for the purpose of correctly hearing construction project contract dispute cases, protecting the legitimate rights and interests of the parties in accordance with the law, maintaining the construction market order and promoting sound development of the construction market.
Article 1 The people's court shall uphold either party's request for defining rights and obligations according to the contract awarded in the case of any discrepancy between the construction project contract otherwise made and entered into by the bid inviter and the bid winner and the contract awarded in respect of the scope of work, construction period, project quality, project price or any other substantial content.
The people's court shall uphold either party's request for confirmation of the invalidation of the contract otherwise signed by the bid inviter and the bid winner with respect to purchase of the constructed house property at a price obviously higher than the market price, free construction of housing supporting facilities, and surrender of part of the profits or donation of properties to the construction unit for the purpose of reducing the project price in disguised form in light of its deviation from the substantial content of the contract awarded.
Article 2 The people's court shall uphold either party's request for confirmation of the invalidation of the construction project contract based on the excuse that the employer failed to obtain the construction project planning permit and handle other planning approval procedures, unless the employer obtains the construction project planning permit and handles other planning approval procedures before legal action is taken.
The people's court shall not uphold either party's request for confirmation of the invalidation of the construction project contract based on the excuse that the employer has not handled the approval procedures if the employer can handle such procedures but does not do so.
Article 3 Where either party requests the other party to pay compensation for the loss arising from the invalidation of the construction project contract, such party shall bear the burden of proof with respect to the other party's default, amount of loss and causal relationship between the default and the loss.
If the amount of loss cannot be determined and either party requests determination of the amount of loss according to the quality standard, construction period, time for payment of the project price, etc.
......