In order to facilitate themselves, judges often use appraisal instead of trial.
A large number of construction project contract disputes are caused by malicious default of project payment.
When applying to the court for property preservation, there are two steps: first, provide the court with the respondent’s property clues, such as bank accounts, real estate registration information, vehicle registration information, etc.
Other prefecture-level municipal courts accept the guarantee of the guarantee company, but also need to provide part of the property.
Due to the above characteristics of construction project contract disputes, the following problems are often encountered in the process of case trial: first, there are many parties involved in the case.
The cost of engineering appraisal in the judicial process is very high, and it takes a long time.
Illegal phenomena are common and extremely common.
In the process of suing for construction contract disputes, the legal procedure of property preservation is very important.
Due to the widespread phenomenon of illegal contract awarding, subcontracting, subcontracting, affiliation, etc., the project is subcontracted layer by layer, the project funds are exploited layer by layer, and the project funds are maliciously in arrears.
Take Sichuan as an example, the court in Chengdu accepts bank guarantee, bank deposit receipt and evaluated house, but the evaluated house will be discounted to a certain extent, and does not accept the guarantee and vehicle guarantee of the guarantee company.
If, unfortunately, the court is negligent in the execution, the judgment obtained by the winning party is equal to a bad check, which has no practical significance.
If the other party is a company, it is suggested to apply to the court for freezing the basic account of the other party’s company.
When they encounter difficulties, they throw them to the appraisal institution, and ask the appraisal institution to appraise the engineering design, construction, cost, etc., and then write a judgment according to the appraisal results.
Late justice is injustice.
The project funds are often very few in the hands of the actual constructors, and even they do not know who to claim rights against.
Second, many judges and lawyers are unwilling to handle such cases, first, because they need professional knowledge; The second reason is that the case is too complex and the evidence is too numerous.
If the plaintiff succeeds in preserving the defendant’s property, the lawsuit can basically be ended.
Because construction disputes are different from ordinary civil disputes, in addition to a large number of construction laws and regulations, they also involve very professional construction issues.
Due to the relatively complex and time-consuming construction project contract disputes, malicious parties are given the opportunity to transfer property.
For the plaintiff, these are additional costs.
Second, there are very high requirements for the professionalism of judges and lawyers.
Both are very effective.
What if the plaintiff must apply for property preservation, but does not have sufficient property? First of all, the applicant can find his or her relatives and friends, who voluntarily provide guarantee for the applicant with their own property; Secondly, it can cooperate with a professional guarantee company.
Judges and lawyers who are not familiar with the operation of construction companies, construction and construction, and have not handled a large number of construction contract disputes can not accurately find the fundamental problem.
China has formulated the most strict legal system for construction projects, but it has the worst enforcement force.
Often in the process of litigation, the defendant has transferred the property first.
A lawyer who strives for the interests of the parties in a timely and effective manner is a conscientious lawyer.
In view of the above reasons, in principle, I asked the plaintiff to apply to the court for property preservation in the relatively large construction project contract disputes.
After winning the lawsuit and applying for court enforcement, the plaintiff found that the person subjected to enforcement had no property to enforce.
Once the court has verified, it can freeze the above-mentioned property of the other party.
In practice, the operation of China’s construction engineering system is very chaotic, and illegal contract awarding, subcontracting, subcontracting, affiliation and other phenomena are everywhere.
Third, win the lawsuit and lose money.
In the construction project contract dispute cases I handled, I have not seen the projects implemented in strict accordance with China’s construction project legal system.
After all, litigation also costs human, financial and material resources.
This has seriously undermined the credibility of the law.
Construction project contract disputes are very common in real life, mainly caused by construction project subcontracting.
(Source: Civil Engineering Network) Zeng Xianyong, male lawyer, Han nationality, member of the Communist Party of China, practicing law firm: Fujian Jinlei Law Firm, senior partner of the law firm, level-4 lawyer, bachelor degree.
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At least in the case I represented, the defendant’s property was preserved, and finally they paid the plaintiff the project payment actively and timely.
Because it is a construction contract dispute, the evidence often cannot avoid bidding documents, construction contracts, supervision logs, construction logs, claims and visa letters, meeting minutes, etc.
The second step is to provide the court with a guarantee equivalent to the amount of preservation when providing the property of the other party.
It may not be able to obtain the satisfactory result of the plaintiff.
Compared with ordinary civil disputes, construction contract disputes have the following characteristics: First, the legal relationship is relatively complex.
Once the defendant’s property is preserved by the court, it will basically not fight with the plaintiff again.
Third, there are many evidences.
After paying a certain fee to the guarantee company, the guarantee company will provide guarantee for the applicant with its own property.
The following is a summary and arrangement of the importance of property preservation.
Fourth, the target amount is relatively large, which need not be explained again.
First, because the basic account is used for bidding and there is cash flow in it; Second, freezing the basic account often causes the credit rating of the other party to decline.
