The disputes are mainly manifested in the employer’s failure to provide qualified construction mobilization conditions, unauthorized design change in the middle of the project, failure to pay the progress payment according to the project progress, failure to supply construction materials in a timely manner, resulting in shutdown, slowdown, bad weather and other reasons.
What are the types of construction project dispute cases and what are the countermeasures? 1、 The default dispute of the employer’s default on the project payment is characterized by that the project payment can be determined, so the law of this dispute is relatively simple.
The employer subsequently refuses to acknowledge the maintenance facts and refuses to pay the project payment on the ground that the Contractor fails to fulfill the warranty obligations.
This kind of dispute mainly shows that the Contractor’s subcontracting is illegal in the procedure, or the name of subcontracting is actually subcontracting, and the employer does not recognize the legality of the subcontract afterwards, thus causing disputes.
Such disputes can be resolved by the right of action of the actual constructor or the project payment can be required according to the actual situation that the employer has passed the completion acceptance or has been put into use.
5、 Dispute over default of warranty deposit this kind of dispute is mainly manifested in the maintenance matters after the completion of the construction project.
The completion settlement of the remaining part shall be handled according to the agreement.
6、 Disputes on arrears of project funds caused by contract invalidity disputes on project funds caused by contract defects are mainly manifested as: the Contractor fails to obtain the qualification of construction enterprise or exceeds the qualification level, and the actual construction contractor without qualification borrows the construction contract in the name of a qualified construction enterprise to cause disputes on contract invalidity.
The contractor may take full advantage of the Contractor’s priority of compensation and property preservation to file a lawsuit to protect its rights according to law.
In this regard, according to the provisions of the Interim Measures for the settlement of construction project prices, if the employer has any objection to the project quality, the quality dispute of the project that has been completed and accepted or has been completed and not accepted but actually put into use shall be executed according to the project warranty contract; For the quality disputes of the completed but not accepted and not actually put into use, as well as the suspension and suspension of construction, the completion settlement of the disputed part shall be suspended.
2、 The legal relationship of the project payment dispute caused by illegal subcontracting is complicated.
Both parties may entrust a qualified testing and appraisal institution to test the disputed project, determine the solution according to the test results, or implement the treatment decisions of the project quality supervision institution.
After the completion and handover of the construction project, the Contractor shall carry out warranty within one year according to the contract requirements.
3、 The dispute over overdue project payment caused by the dispute over completion settlement report is mainly manifested as follows: the contractor makes settlement documents and submits them to the employer, but fails to obtain the evidence of submitting settlement documents, and the employer does not reply and does not acknowledge receipt afterwards; The Contractor shall prepare settlement documents and submit them to the employer, and the employer shall not reply; The Contractor shall prepare settlement documents and submit them to the employer, and the employer shall not accept them, resulting in settlement disputes of project funds.
The construction project dispute is a difficult problem that has troubled the construction project contractor for a long time, and it is also a common thorny dispute in judicial practice.
The Contractor’s request to postpone the construction period has not been effectively confirmed.
If there is a notary department to notarize the mailing, it is more appropriate.
The project funds shall be paid according to law.
After receiving the completion settlement report and complete settlement data, the employer shall be deemed to have accepted the settlement report and data if it has not put forward any opinions within the period specified in the Interim Measures for settlement of construction project price or agreed in the contract.
4、 The dispute over the arrears of project payment caused by the dispute over the quality of construction materials is mainly manifested in the following aspects: there are requirements or commitments on the quality of the main construction materials during the bidding of construction projects, but due to the influence of the supply and demand of the construction materials market, sometimes the contractor turns to other construction materials outside the contract, resulting in settlement disputes.
For such disputes, the contractor can mail the settlement documents to the employer by express mail.
In practice, the employer often withholds the last 5% of the balance due to project quality problems, while the contractor has no choice.
Such disputes are caused by many reasons, such as the employer’s lowering the contract price, the Contractor’s cheating on work and materials to make huge profits, the soaring market price of building materials, the malicious collusion between the supervisor and the contractor, and the unqualified qualification of the contractor, which often cause serious problems in the construction project quality The project cannot be repaired and reinforced..
For such disputes, as long as the employer has accepted and qualified the project or has put the project into use, the contractor may require the employer to pay the project payment according to law.
If the employer has carried out the completion acceptance and passed the acceptance, or the employer has actually used the construction project despite the completion acceptance, the contractor may require payment of the project funds according to law.
8、 Construction contract disputes arising from unqualified construction project quality.
For example, the change of engineering drawing design, change of material selection, addition of construction projects and other change signatures must be signed by the other party’s representative and supervisor.
The main reason for the formation of such disputes is that the employer has no legitimate reason to default and default, which is mainly manifested in the employer’s inability to pay the project funds; The employer has the ability to pay for the project without reason.
The contractor has performed the maintenance obligations within the warranty period but can not directly obtain evidence.
In order to ensure the Contractor’s performance of the warranty obligations, the employer generally agrees in the contract that after 95% of the project funds are paid, the remaining 5% of the project funds will be paid after the expiration of the one-year warranty period.
For such disputes, the construction party shall try its best to improve the construction procedures.
After the completion of the project, the employer requires the contractor to bear the responsibility for the delay of the construction period, which often makes the case more complicated.
7、 The disputes of project payment arrears due to the delay of construction period are complex.
As long as the contractor earnestly performs the maintenance obligations and does a good job in evidence preservation, it can fully strive for rights and interests through arbitration or litigation.
