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How to deal with construction contract disputes

Time: 2024.02.23 label: Contract affairs contract dispute Reading: 1130 people
Lawyer's answer:
Arbitration and litigation.
Lawyer's analysis:
construction contract dispute The following methods can be used:
1. Both parties construction contract If there is an arbitration clause, after the dispute occurs, the parties may settle the dispute through arbitration and let the arbitration commission make an award on the dispute.
2. If the parties have not agreed on an arbitration clause, the parties may pass the litigation And let the people's court make a judgment on the dispute, judgment After taking effect, the parties shall settle the dispute according to the contents of the judgment.
Legal basis:
Article 2 of the Arbitration Law of the People's Republic of China
Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
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1. The Buyer and the Seller shall negotiate in good faith. Negotiation should be the most common way to deal with disputes over house purchase contracts. 2. Ask the intermediary to deal with disputes over the purchase contract. 3. Report or complain to the real estate administrative department. 4. Report the case to the public security organ. If the seller is buying a house

It may go through the following stages: 1. First instance. The case shall be concluded within six months from the date of filing. The summary procedure shall be concluded within three months from the date of filing. 2. Second instance. The second instance shall be concluded within three months from the date of filing. 3. Special procedures. The case shall be concluded within 30 days from the date of filing. 4. Reviewed by

Ordinary procedure or summary procedure may go through the following stages: 1. First instance. The case shall be concluded within six months from the date of filing. The summary procedure shall be concluded within three months from the date of filing. 2. Second instance. The second instance shall be concluded within three months from the date of filing. 3. Special procedures. From the date of filing

Selected pictures and texts Pufa video Voice Answers
  • Whether the deposit can be returned if the reserve price is too high after the auction is completed

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    After successful bidding, if the reserve price is not reached, the deposit will be returned without interest within 10 working days. However, there are fraudsters in the market who take advantage of the opportunity to defraud, which needs to be prevented. Signing the contract of entrusted auction only represents entrustment and does not ensure the success of the transaction. The real sale needs to be confirmed by the contract of sale of goods. When participating in the auction, be aware that many stakeholders may affect the results. To protect their own rights and interests, we need to understand the laws and industry rules and participate in the art market prudently.

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  • How to deal with the original company's refusal to issue a termination letter

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    When handling the termination of the tripartite agreement, the agreement provisions must be followed or negotiated. The letter of termination is essential as an official document. The cancellation of single and double negotiation shall be notified clearly, and the contract will become invalid after the notification arrives. The dissent of the observant party can be confirmed and relieved through legal channels. Under five specific circumstances, the contract is allowed to be terminated: force majeure, one party's clear failure to perform, overdue after urging, serious breach of contract or failure to achieve the contract objectives. The termination of the contract shall be carried out in accordance with the law and pay attention to the time limit.

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  • Under what circumstances can contract performance be suspended

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    During the performance of a contract, one party may suspend the right of performance to protect its own rights and interests when the other party is in business difficulties, dishonest (such as transferring assets) or unable to perform, which is called suspension of performance. This is the embodiment of the right of uneasy defense. The Civil Code stipulates that the right of suspension may be exercised when the party giving priority to performance has sufficient evidence to prove that the other party has seriously deteriorated its operations, transferred assets and other acts. After the contract is proved in written form, the performing party has difficulty in performing and meets the conditions that the other party does have relevant problems. The party that fails to provide evidence will be liable for breach of contract. The exercise of suspension of performance requires written evidence and the other party has the risk of bad behavior or debt performance.

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  • What are the ways to exercise the right of uneasy defense

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    There are three main ways to exercise the right of uneasy defense: 1. To perform the right of defense at the same time. If the parties owe each other debts and there is no order of performance, they shall perform at the same time. 2. The right of defense shall be fulfilled later. 3. Right to plead unease.

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  • Can I get the lease certificate for the house purchase contract

    Lawyer Xu Changxing

    The lease certificate cannot be handled for the house purchase contract, and the house property certificate is required for the lease certificate. 1、 The House Lease Certificate shall be handled at the Municipal Real Estate Bureau. 2、 The procedures for handling the House Lease License are: (1) Both parties to the lease fill in the lease contract; (2) The parties to the lease must submit the following requirements:.

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  • Is there any difference between a changeable contract and a revocable contract

    Qu Quanfang, lawyer

    yes. According to the provisions of the Civil Code of the People's Republic of China, the differences between a changeable contract and a revocable contract mainly reflect: 1. Different conditions. 2. The causes are different. 3. Different people have the right to claim. 4. The confirmation or jurisdiction authority is different.

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 Lawyer Wang Longhua

Henan Asia Pacific Law Firm

Wang Longhua, a lawyer with a bachelor's degree in law, is a practicing lawyer and partner of Henan Asia Pacific People Law Firm, and a member of Henan Lawyers Association. Since graduating from university in 2012, he has started to handle legal related practices, has rich experience in litigation and non litigation practices, and has long served as legal counsel for companies and government departments. He is good at handling all kinds of cases such as creditor's rights and debt disputes, personal injury compensation disputes, contract disputes, labor disputes, marital inheritance disputes, criminal defense, etc; Unit address: Floor 16, Block A, Yonghe International Plaza, the intersection of Minsheng Road, Jinshui East Road, Zhengzhou City.

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