18/5000 Dongying Branch held the construction project settlement legal practice
2022-07-19 16:58:00 来源： 评论：0 点击：
Midsummer, mid-July On the hot day, the "Construction Project Settlement Legal Practice Salon" sponsored by Kangqi
Midsummer, mid-July. On the hot day, the "Construction Project Settlement Legal Practice Salon" sponsored by Kangqiao Law Research Institute and Kangqiao Construction Engineering Business Department and undertaken by Kangqiao Dongying Branch Office was successfully held in Dongying Branch Office on July 16, 2022.
The salon focused on the difficult settlement of construction projects, and invited Chen Yanli, deputy director of Dongying Arbitration Commission, and the staff of 25 construction and real estate enterprises to participate in the offline discussion. Nearly 200 partners, lawyers, practitioners and experts in the field of construction from Kangqiao participated in this salon online and offline.
The meeting began with a speech by lawyer Cui Qiang. Lawyer Cui pointed out that the situation in the field of construction project dispute resolution is different and the dispute points are superposed. The settlement of construction project is the most controversial type of many engineering disputes in judicial practice. We look forward to the full exchange of ideas, practice and theory in this salon.
In the first half of the salon, Lawyer Wang Baobing shared the topic of "Settlement of Project Price after Termination of Construction Contract". King lawyer combining theory and practice, to construction project settlement of disputes through judicial concept, respectively by the employer and the contractor standpoint, combination with the engineering practice and the judicial referee, to practice the commonly used four kinds of the method of payment, in order to prevent the interests of imbalance, the premise is down and can get benefit compensation rules, calculation rules make embedded reflection and reasoning, Further interactive discussions were conducted with the participants from three aspects: the settlement of the project price after the termination of the fixed total price contract, whether the agreed price of the contract can be applied after the termination of the contract, and whether the non-breaching party can claim the loss of available benefits after the termination of the contract due to the breach of the contract.
After that, Lawyer Han Chuanming shared the special topic of "Practical Discussion on the special Agreement of Settlement Terms of Construction Contracts of Construction Projects". Lawyer Han discussed with the participants from three aspects: "back to back" clause, concession clause and administrative audit settlement. During the discussion, Lawyer Han combined with a lot of judicial practice experience, suggested that the subcontractor should pay attention to the retention of construction process documents such as acceptance documents, settlement documents, and certificate of expiration of the warranty period, focusing on whether the general contractor has fulfilled the relevant duty of care; It also reminds THE parties THAT the concession clauses for different projects will have different effective or invalid legal effects due to the significant changes in contract form, contract effectiveness, project progress and contract content. If the construction contract does not explicitly stipulate that "the audit conclusion of the audit department shall be used as the basis for completion settlement", it may be deemed that the audit settlement agreement is unclear.
The heart is not hot, but precious little time fast, salon in full swing, the second half is wonderful. Citing three cases, Lawyer Xu Xuedong shared the influence of unbalanced quotation on project price from four aspects: connotation, reason, usual practice and risk control. Xu lawyer put forward, unbalanced quotation is a bidding strategy, as a bidder, should be in-depth analysis and prediction of the bidding project may change in the future, and should not be ultra high due range, to pay close attention to the agreement of unbalanced quotation of the tenderee; As a tenderee, shall fully implement the bidding conditions, do not invite unprepared bids, ensure the quality of the bill of quantities, scientific preparation of bid evaluation methods, improve the contract terms and project tracking, avoid the tenderee bid at a low price, high price settlement; As a lawyer, we should master certain knowledge of unbalanced quotation to improve our professional quality.
Next, Lawyer Li Rui decomposed eleven practical problems from five aspects of the nature, subject, exercise conditions and methods, scope, and period of the project price priority, and shared the topic of "Discussion on Some Problems of Construction Project Priority". During the discussion, Lawyer Li analyzed and summarized the relevant litigation practice points of priority, indicating that to grasp the priority of construction projects, we should properly deal with the rights rank of relevant civil subjects according to law and clarify the priority protection order, which is of great significance for us to correctly understand and effectively exercise the priority in litigation practice.
During the salon, the experts in the field of construction engineering from inside and outside the province who participated in the online discussion spoke one after another, shared their views on project settlement, actively interacted with the on-site staff, and expressed their admiration for the professionalism and scale of the event.
In the end, Chen Yanli, deputy director of Dongying Arbitration Committee, made a concluding speech. She fully affirmed the contribution of Cambridge Law Firm to this salon, and explained the advantages of arbitration in the field of construction project disputes based on the characteristics of arbitration.
The successful holding of this Kangqiao Construction project settlement practice salon will help Kangqiao lawyers accurately grasp the development direction of the construction project legal service market. Everyone agreed that the discussion was deeply professional and greatly improved their cognition on the settlement of construction projects through ideological exchange and viewpoint collision. Kangqiao Lawyers will continue to take advantage of the integration of the total score, resource sharing and complementary advantages of all business departments, continue to strengthen the development of legal service products in the field of construction and engineering, and comprehensively build the legal service system in the field of construction and engineering.
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