However, the project involved in the case has been completed, accepted and delivered, and Gao cunsi claimed that Zhang Jinwei paid the project payment according to the agreement, which is in line with the provisions of the law.
The court held that the oral contract between Gao cunsi and Jinwei company was invalid because Gao cunsi had no construction qualification.
He has published many papers in national and provincial newspapers and periodicals, and also compiled the book legal practice of construction contract disputes in 2018.
At the same time, he served as legal counsel for many companies.
Case information trial court: Huai’an intermediate people’s court appellant (original defendant): China Construction Second Engineering Bureau Co., Ltd.
Since the main structure of the construction project must be completed by the general contractor, the labor subcontract for the construction of main structure and rough decoration project signed between China Construction Second Bureau and Jinwei company violates the provisions of the construction law, belongs to illegal subcontracting, and the contract is also invalid.
4074 judges: Hualin, Li qianbing Ma Zuobiao’s judgment date: March 9, 2020 basic case “the plaintiff Gao cunsi and the defendant Jinwei company of the original trial orally agreed to build the masonry volume of building 3 and building 8 of Xicheng garden resettlement community (phase I) project in Huai’an District, Huai’an City, plastering of pipeline wells, sporadic visas of the company (technicians), sporadic visas of the company (general workers), and visas of Bangren Shaobin (general workers) And other projects are contracted out to the original plaintiff for construction.
About the author: Lawyer Xue Feng, lawyer of Jiangsu kaishman law firm, member of the legal team of Daowen construction project, qualified as “professional constructor of Construction Engineering” and “real estate economist”.
He has rich lawyer practical experience and profound legal skills.
He has worked in a real estate management department in Huai’an for many years, participated in municipal engineering construction as Party A’s representative of the government for many times, and has rich experience in project site management and dispute handling of construction contract.
case No.: (2019) Su 08 Minzhong No.
” The referee’s point of view is about the validity of the contract.
He has successfully represented many litigation cases with large amount, complex legal relationship and great influence.
If the general contractor subcontracts the main structure of the project to others for construction, in violation of the mandatory provisions of the law, the Subcontractor is invalid, so the subcontract signed is also invalid.
In order to ensure the quality of the construction project, the construction of the main structure of the project must be completed by the general contractor with construction qualification and cannot be subcontracted.
appellee (original plaintiff): Gao cunsi appellee (original defendant): Sichuan Jinwei construction labor Co., Ltd.
The lawyer commented on Article 29 of the construction law of the people’s Republic of China, which stipulates that if the construction is general contracting, the construction of the main structure of the construction project must be completed by the general contracting unit itself.
On January 1, 2018, both parties settled, and Jinwei company still owed 936235 yuan.
The gist of the judgment is that the construction of the main structure of a construction project must be completed by the general contractor, and the behavior of the general contractor in subcontracting the main structure to the outside is invalid.
Gao cunsi filed a lawsuit with the court of first instance to order Jinwei company to pay 936235 yuan for the project and pay overdue interest.
