Legal issues regarding a small project

Hello friend, I'm a judge, I think you're right, you should be prosecuted. You have signed a purchase contract and you have paid a deposit in advance, and both parties should do what is agreed in the contract. The obligations performed by the merchant should be strictly performed in accordance with the provisions of the contract, and you do not have to accommodate him at the beginning, otherwise it will be a breach of contract by the merchant, which will be a breach of contract by the merchant, and you can double the demand for the return of the deposit, and you can ask the other party to compensate for the losses caused thereby.

But you have actually performed the contract, but the merchant did not perform according to the requirements of your contract, now you can also sue and require the merchant to fulfill the obligations promised in the contract according to the contract, if the merchant refuses, you can ask for a return, which can also be supported by the law. The merchant liquidated deposit is to be returned to you twice, and the liquidated damages cannot exceed the actual loss, and there must be evidence in terms of loss. As for the loss of business closure you mentioned, it is an indirect loss, and I think it can't be protected, my reason is that you have not been in business before, and if you open business in the future, there will be business risks, and you may make a profit or a loss, so you can't protect it, and in this kind of case I have handled in the past, this kind of business loss has not been protected.

If you are in business and you are unable to operate normally due to the installation of equipment, this kind of business loss can be considered. I don't know if you can accept my point of view. I advise you that if there is a problem that cannot be resolved through negotiation between the two sides, it is better to solve it through legal means, which is the most effective way to solve the problem.

I believe that as a citizen of China, you must obey the laws of China. I hope you get your rights defended, good luck and a prosperous business. Goodbye friends.

I think that's the only way for you to work.

From what you said, this company is very hateful, and there is no work ethic at all. You can send them a lawyer's letter, calculate how much damage has been caused to you on all quality problems, and negotiate how much balance payment is appropriate for them; If not, it will be required to dismantle within a time limit on the grounds that its quality does not meet the purpose of the contract, and bear all the losses caused thereby. Otherwise, all payments are dishonored.

You can sue the court directly, demanding that it be demolished and compensate for all the losses caused by its breach of contract, do you see if he dares to demolish it?! Before compensating for the loss, resolutely do not let him dismantle the !! The balance is also resolutely not paid!

I think it is the loss of the inconvenience caused to you by their breach of contract, this loss is borne by the other party, calculate the amount of the cost of your direct damage to the husband and coordinate with the other party, and then sue the court to solve the problem if the negotiation fails, in short, the problem is not solved and they cannot be moved. Because they defaulted first, and their quality was not up to standard.

Legal analysis: Many laws directly regulate and adjust the project, such as the Construction Law of the People's Republic of China, the Civil Code of the People's Republic of China, and the Bidding and Bidding Law of the People's Republic of China.

Legal basis: Law of the People's Republic of China on the Beginning of Construction

Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.

Article 2 In the People's Republic of China to engage in construction activities, the implementation of supervision and management of construction activities, shall comply with this Law.

The term "construction activities" as used in this Law refers to the construction of all kinds of housing buildings and their ancillary facilities and the installation of lines, pipelines and equipment supporting them.

Article 788 of the Civil Code of the People's Republic of China A construction project contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design and construction contracts.

Tendering and Bidding Law of the People's Republic of China Article 1 This Law is formulated in order to regulate bidding and bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding and bidding activities, improve economic efficiency and ensure the quality of projects.

1. Common legal issues in the construction of construction projects

Common legal issues in the construction of construction projects are:

1.Failure to settle the arrears of the project;

2.The date of completion of the project could not be determined;

3.In the case of disputes arising from construction contracts, one of the parties to a general construction project dispute may file a lawsuit with the court to resolve the dispute.

2. The situation that the construction project contract is invalid

The circumstances under which a construction contract is invalid are:

1.The contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level. The contractor shall have a qualification certificate that is compatible with the contracted project, otherwise the contract concluded shall be invalid. The main manifestations are:

1) If the construction unit contracts the project without a license or license, the contract signed is invalid, except for general agricultural construction projects;

2) The contract signed by the construction unit beyond the business scope and qualification level of the contracted project is invalid;

3) The contract signed by the branch of the construction company for the foreign contracted project is invalid;

4) If two construction units jointly contract the project, they shall contract according to the business license scope of the unit with a low qualification level, otherwise the contract will be invalid. Please be reminded that, according to the provisions of the Judicial Interpretation of Construction Contracts, if a contractor signs a construction contract beyond the scope of business permitted by the qualification level, and obtains the corresponding qualification level before the completion of the construction project, it cannot be treated as an invalid contract.

2.The actual constructor without qualifications borrows the name of a qualified construction enterprise.

3.The construction project must be tendered but the bidding is not carried out or the winning bid is invalid.

4.The contractor illegally subcontracts, illegally subcontracts the construction project, or the actual constructor without qualifications signs a construction contract with another person in the name of a qualified construction enterprise.

3. What is the upper limit of liquidated damages for construction projects?

The upper limit of liquidated damages for construction project contracts shall not exceed 30% of the actual losses caused. If the amount agreed upon by the parties exceeds this proportion, the parties may request the court or arbitration institution to reduce the actual losses.

Article 29 of the Construction Law.

The general contractor of the construction project shall be responsible for the construction unit in accordance with the provisions of the general contracting contract; The internal subcontractor shall be responsible to the general contractor in accordance with the agreement of the sub-contract contract. The general contractor and the subcontractor shall be jointly and severally liable to the construction unit for the subcontracted project.

According to the law, it should be BThe construction unit may only demand compensation from Company B for all losses.

1. (1) Take a closer look at the contract, there are two shelf lives, one is "after Party B completes the project, Party A needs to pay all the payments, the shelf life is 1 year, if there is a quality problem, Party B must be responsible for full compensation." The second is "shelf life of 5 years". The former of these two shelf life should be the warranty period, and the warranty period and the shelf life are two different concepts, which will be discussed later.

Except for the typographical error of the warranty period, there is no problem with other contents, because you did not pay attention to the details in the text, "Party B shall be responsible for full compensation" is followed by a full stop, and after the full stop is "the shelf life is 5 years", that is to say, "full compensation" is in terms of the 1-year warranty period, which is not wrong. (2) The difference and connection between the warranty period and the shelf life. Both are the time limit for the construction enterprise to assume responsibility for the quality of the project, the former refers to the period of free maintenance of the project, and the latter refers to the longest period and quality assurance period for the construction unit or contractor to bear responsibility for the quality of the project.

Article 60 of the Construction Law and Article 282 of the Contract Law stipulate the warranty period, and Article 62 of the Construction Law stipulates the warranty period. The responsibilities of the contractor are different for these two deadlines. The biggest difference between the two is that during the warranty period, the construction unit bears the responsibility of free maintenance, and during the warranty period, in addition to the quality of the project does not meet the design standards and national quality standards, the personal and property losses of the user shall be liable for compensation, and if only the maintenance is required, it shall not bear the obligation of free.

The warranty period is shorter than the shelf life, but the scope is wider than the shelf life. 2. If Party A has used it without acceptance, it shall be deemed to have passed the acceptance in accordance with the provisions of the Construction Law, and Party A shall be responsible for any problems due to quality reasons; 3. The Regulations on Energy Conservation in Civil Buildings (Draft) stipulate that under normal use conditions, the minimum warranty period for thermal insulation projects is 5 years.

2. If Party A has used it without acceptance, it shall be deemed to have passed the acceptance in accordance with the provisions of the Construction Law, and Party A shall be responsible for any problems due to quality reasons; ”。What are the provisions of the Construction Act?

This is not regulated in building mana. It is stipulated in the regulations on the quality management of construction projects, specifically Article 58 of the Regulations on the Quality Management of Construction Projects, if the construction unit has any of the following acts, it shall be ordered to make corrections and shall be fined between 2% and 4% of the contract price; If the loss is caused, it shall be followed.

law to bear the liability for compensation;

1) Failure to organize completion acceptance and delivery without authorization;

2) Unqualified acceptance and unauthorized delivery;

3) The unqualified construction project shall be accepted in accordance with the qualified project.

This problem can be solved by strict implementation of article 61 of the Contract Law.

The above point of view is very clear and recommended to be adopted, but your statement is not very clear, and I hope to provide more clarity on the content of the contract.