Engineering contract disputes help me analyze .

Through the description of the landlord, the analysis is as follows:

First of all, as to whether the contractor has fulfilled its construction obligations, the contractor needs to deliver the project that is qualified by the employer or the standard agreed in the contract, and at the same time deliver the relevant acceptance materials. In this case, although there were defects in the project, in view of the unauthorized use of the employer, legally speaking, the project had been accepted and accepted on August 5, 03.

Secondly, there is a reflection on whether it is legal for the employer to fail to pay the project price. The employer stopped paying the balance of the project price because the contractor refused to repair the defects in the quality of the project. Theoretically speaking, on the one hand, whether there is an agreement in the contract on this situation, if so, there is a basis for the employer to refuse to pay, and if there is no agreement, and the employer has no other evidence to prove that its actions are legal, it should pay the project price.

Thirdly, the crux of this case is whether the refusal of the construction party to pay is a defense of the construction party's quality defects, but because the construction party has used it, according to the provisions of the relevant laws, the project is deemed to be qualified from the date of use. Therefore, the employer shall, in accordance with the provisions of the contract, pay the project price (except for the warranty) from August 5, 03

The act of issuing the contract and moving in indicates that the project has been accepted, and the payment can no longer be refused on the grounds that there is no acceptance. However, if there are still quality problems in the building, the contractor may be required to repair it, and the contractor shall be responsible for the project within the service life of the project.

Disputes over construction contracts are generally under the jurisdiction of the court for the performance of the contract.

If there is no agreement in the contract, the people's court at the place where the employer accepts the drawings shall have jurisdiction.

Construction project contract, also known as construction contract, refers to a contract in which the contractor carries out the construction of the project and the employer pays the price.

Legal characteristics of construction contracts:

1. A construction project contract is a contract with the completion of the construction of a specific immovable property as the main content. A construction contract, like a contract, is a contract for the purpose of completing a specific task in nature, but its work task is the construction of the project, not the general contracting of movable property, and the work object to which the rights and obligations of the parties are directed is the construction project, including the survey, design and construction results of the project. From the perspective of the content of the rights and obligations of both parties, the contractor mainly provides professional construction engineering survey, design and construction services;

2. In all aspects of the conclusion and performance of the construction contract, the section reflects the strong intervention of the state.

[The law depends on the evidence].

Article 23 of the Civil Procedure Law of the People's Republic of China (1) Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is located or where the contract is performed;

2) Where two or more people's courts have jurisdiction, the plaintiff may file a lawsuit with one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction. Article 61: After a contract takes effect, if the parties have not agreed on the quality, price, or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. Article 270 of the Civil Code of the People's Republic of China (1) The construction project contract shall be in written form;

B) the bidding and bidding activities of construction projects, shall be carried out openly, fairly and impartially in accordance with the provisions of relevant laws;

3) The employer may enter into a construction project contract with the general contractor, and may also enter into a survey, design, and construction contract with the surveyor, designer, and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and award the contract to several contractors;

4) The general contractor or the survey, design or construction contractor may, with the consent of the employer, entrust part of the work contracted by itself to a third party to complete. The third party shall be jointly and severally liable to the employer with the general contractor or the survey, design and construction contractor for the work results it has completed. The contractor shall not subcontract all the construction projects contracted by it to a third party, or subcontract all the construction projects contracted by it to a third party in the name of subcontracting after dismemberment;

5) The contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted. The construction of the main structure of the construction project must be completed by the contractor himself.

Legal analysis: 1. The parties voluntarily negotiate and settle the matter; 2. The third party (people's mediation committee) mediates; 3. Apply to the Arbitration Commission for arbitration; 4. Filing a lawsuit with the people's court. After a dispute arises in the contract, if the parties fail to negotiate or mediate on their own, and there is no arbitration clause in the contract, they may file a lawsuit with the people's court.

Legal basis: Article 502 of the Civil Code of the People's Republic of China in Zhonghe Xuyinhua Article 502 A contract established in accordance with law shall take effect at the time of its establishment, except for the banquet if the law provides otherwise or the parties agree otherwise.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, it shall be in accordance with the provisions of the Zen hall. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.