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Hangzhou Bay New Area Haishu District Yinzhou District Jiangbei District Beilun District Zhenhai District Yuyao City Cixi City Fenghua District Ninghai County Xiangshan County

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Project bidding disputes Construction contract disputes Subcontracting disputes Project quality disputes Project payment dispute Project safety accident dispute Deposit dispute

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How to identify the actual constructor

The identification criteria of the actual constructor include: illegal contract contractor, no construction qualification, actual participation in construction and non labor relationship. They usually obtain project funds by claiming rights from subcontractors or illegal subcontractors, or directly suing the Employer. In litigation, the actual constructor usually lists the subcontractor as the defendant first, and the court can accept the Employer's litigation and let it bear appropriate responsibilities. In the trial, the court may list subcontractors as co defendants or third parties to simplify the judicial process. #Construction project disputes 812 readings
Whether the liquidated damages can be recovered after the construction contract is invalid

The invalid project construction contract does not need to pay liquidated damages, because it is invalid from the beginning and there is no breach of contract. Liquidated damages are monetary compensation for breach of contract. They are punitive and compensatory, and belong to the category of security interest. An invalid contract refers to a contract that violates the mandatory provisions of laws and administrative regulations or damages public interests. Its constituent elements include illegality, conflict with laws, malicious collusion, etc. An invalid contract has the characteristics of illegality, non binding force and retroactivity. Once it is confirmed to be invalid, it will lose its legal effect forever and will not be protected by law. #Construction project disputes 1164 readings
How to deal with the construction project without signing a contract

Although the formal contract may not be signed, it does not affect the legal effect. Contracts and agreements have basically the same legal effect at the legal level, unless there are special circumstances, such as one party of the contract or agreement is a minor or the contract needs to be notarized. In addition, the text also introduces the way of concluding a contract or agreement and the criteria for judging its legal effect. In the field of construction, contracts play a vital role as a form of legal expression to ensure the safety and integrity of transactions. At the same time, the parties to a contract or agreement have the right to freely set its name, content, form and other elements to enhance the stability and legal effect of the contract or agreement. #Construction project disputes 1018 readings
What are the fastest solutions to arrears of project funds

The methods to solve the problem of arrears of project funds include calling and letter collection, and retaining evidence; Direct door-to-door request; Seek reconciliation at the appropriate time; If necessary, employ professional lawyers or legal debt collection agencies to assist. Try to send registered mail and make regular visits. If it is invalid, you can submit a lawsuit to ensure that legal channels are taken, and may need to provide guarantees. Be sure to carefully select debt collection service agencies and understand their operating procedures. #Construction project disputes 1444 readings

What should be included in the construction contract of the construction project

The construction contract of the construction project shall specify the scope of the project, the construction period, the time of the intermediate handover project, the project quality and capital investment, the method of determining the project funds (including the bid winning amount, the estimated investment or the construction drawing budget), the principle of price calculation, the delivery of technical data, the responsibility for the supply of materials and equipment, and the payment and settlement of the project funds. In particular, the completion time of intermediate works is crucial to the overall progress. The contract shall guarantee the rights and interests of all parties to ensure the smooth progress of the project. #Construction project disputes 1068 readings
Which contracting methods can be selected for construction projects

There are three main types of project contracting methods: first, comprehensive contracting. The Employer gives the project to a qualified general contractor, who can subcontract but needs approval; The second is the general contracting management of the project, which is contracted to the construction consortium or cooperative body. The general contracting management unit is responsible for the overall coordination of the project and is implemented through subcontracting; The third is parallel contracting. According to the nature of the project, the bid sections are divided and contracted to multiple construction units, each performing its own duties and signing an independent contract. #Construction project disputes 948 readings
How to deal with project funds after the project is identified as affiliated

Even if the project affiliation contract is invalid, if the project has passed the completion acceptance, the owner shall pay as agreed. However, if the repair is still unqualified, the contractor cannot claim the discount settlement. Even if the contract is invalid, compensation can be negotiated as long as the project is qualified. If the project is unqualified, the owner can require the contractor to bear the repair cost; The Owner shall be responsible for any loss caused by quality problems. The delay of the construction period may be caused by the delay of material distribution, which may lead to delay or compensation. When the construction period is delayed due to material supply problems, the construction period is usually allowed to be extended. #Construction project disputes 1442 readings
When can I return the deposit of construction project quality

The return time of construction project quality deposit depends on the validity and agreement of the contract. If the contract is valid and clearly agreed, it shall be returned after the agreed period; If there is no agreement, it can be returned according to law after two years of completion acceptance. If the invalid contract or its terms are invalid according to the law, it shall be deemed that there is no such agreement, and it shall also be returned after two years of acceptance. If the acceptance is delayed due to the responsibility of the Employer, the warranty period shall be calculated from 90 working days from the date when the Contractor submits the acceptance report. #Construction project disputes 1264 readings

Uphold the original judgment Case of construction contract dispute of construction project

Agent: Appellee result: Uphold the original judgment

My value: Give full play to the maximum value and safeguard the rights and interests of the parties Detailed case>
Win the lawsuit The decoration subcontract price is far lower than the actual price, so the construction party shall fully recover from the Employer according to the actual price

Agent: plaintiff result: Win the lawsuit

My value: Make every effort to safeguard the due interests of the parties Detailed case>
Win the lawsuit Civil judgment of the first instance on the construction contract dispute between Song X and Yang

Agent: plaintiff result: Win the lawsuit

My value: Fully protect the legitimate rights and interests of the parties Detailed case>
Win the lawsuit The signature and reconciliation of the construction site material administrator is only a job behavior, and does not need to bear the payment responsibility

Agent: Appellee result: Win the lawsuit

My value: The understanding of the construction industry and the accurate understanding and application of the legal provisions help the party not to bear the responsibility of hundreds of thousands of payment for goods, and ensure that he can retire at ease in his later years. Detailed case>

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