Guangliang Research construction engineering part 163: How to determine the actual completion date of construction engineering project?
Guangliang Research · Construction Engineering (163) : How to determine the actual completion date of the construction project?Hubei Guangliang Law Firm has revised the column of “Rising Light Theory”, which has published 115 articles, and upgraded it to “Shining Research”, which is divided into ten professional editions.Namely, “government affairs”, “construction engineering”, “real estate”, “company and commercial contracts”, “marriage and family affairs”, “medical and health”, “intellectual property rights”, “criminal defense”, “property insurance”, “labor disputes”.Guangliang Study (163) How to determine the actual completion date of construction projects?One, usually the date of substantial completion of second, the special circumstances of the actual completion date of the provisions of the time limit for a project belongs to an important substance in terms of construction contract, its performance is extremely important for engineering, and the cognizance of time limit for a project are often linked to progress payment pay final settlement, time limit for a project, the project payment claim, overdue penalty due to breach of contract and other issues,It is also the focus of frequent disputes in construction contract disputes, and the construction period often involves the start date, the completion date and other factors, the author yu Guangliang research · Construction Engineering edition (156) has been narrated on the start date, so this issue of guangliang research will discuss the identification of the completion date.In general, actual completion date according to article 799 of the Civil Code, completion acceptance means that after the completion of the construction project, the employer shall timely conduct acceptance inspection according to the construction drawings and specifications, construction acceptance specifications and quality inspection standards issued by the State.If the construction contract of the construction project is successfully completed, the contractor shall, after the completion of the project, request the employer and other relevant parties including the supervisor, the designer and the government agencies to participate in the acceptance inspection. If the project passes the acceptance inspection, the completion date shall be the date of the acceptance inspection.Construction works are often not performed without controversy, and in some different special circumstances, there are differences in the determination of the completion date, these special circumstances are more likely to occur in practice, and then affect the overall case,In combination with the Interpretation of The Supreme People’s Court on The Application of Law to the Trial of Construction Contract Dispute Cases (I) and relevant judicial precedents of the Supreme People’s Court, the author discusses the determination of completion date under some special circumstances as follows:The Contractor has submitted the completion acceptance report. The owner delays the acceptance according to relevant regulations and the construction Project Construction Contract (Model Text) (GF-2017-0201) of the Ministry of Housing and Urban-Rural Development. After the contractor submits the completion acceptance report of the construction project, the Owner shall timely accept the acceptance.If the employer delays the acceptance, according to the second paragraph of Article 9 of the Judicial Interpretation of Disputes over Construction Contracts of Construction Projects (I) of the Supreme People’s Court, “The parties have disputes over the actual completion date of the construction project:If the contractor has submitted the completion acceptance report, and the employer delays the acceptance, the date on which the Contractor submits the acceptance report shall be the completion date “, and the completion date shall be the date on which the acceptance report is submitted.Situation 2:Construction projects without the completion inspection and acceptance, the developer of the unauthorized use of practice also exist in the process of construction project without the completion inspection and acceptance procedures, but the developer has used directly, such a situation, according to “the Supreme Court judicial interpretation about the project construction contract disputes (a) the third paragraph of article 9 of the” construction project without the completion inspection and acceptance, the developer of the unauthorized use,The date of transfer of possession of the construction project shall be regarded as the date of completion.To sum up, due to the complexity of the actual performance of the construction contract of the construction project, there are many disputes in the determination of the completion date in judicial practice, and the completion date is closely related to the payment of progress payment, final settlement of the project payment, claim for the construction period, overdue penalty and other issues.Both the employer and the contractor shall fully reserve and retain the evidence of commencement and completion date in the process of performance to facilitate the protection of their own legitimate rights and interests.Reference case: Wuhan Rongcheng Construction Group Co., LTD., Wuhan Qianhe Investment Co., LTD., Construction Project Construction Contract Dispute of the second Instance of civil Judgment (2018) Hubei 01 Minzhong No. 5615 Wuhan Intermediate People’s Court dispute focus and determination: Second, rongcheng Company on the project payment terms are successful.According to the construction contract: “30% of the total contract price shall be paid within three working days after the contract is signed and the construction team enters the field, that is, RMB 7680,000;When the project progress is 60%, 18% of the total price shall be paid, namely 4,608,000 Yuan;16% of the total price (RMB 4,096,000) shall be paid when the project progress is 90%;85% of the total price shall be paid upon completion of the project;Upon the completion of the project and confirmation of the project settlement by both parties, Party A shall pay 95% of the final settlement price within one month.After completion and acceptance, 5% of the final settlement price is reserved for quality guarantee.The payment shall be made within 10 working days after the end of the warranty period if there is no quality problem….The liability period for quality defects is 24 months.”In this case, although the project involved was basically completed on July 18, 2014, the filing procedures for completion acceptance have not been handled, and both parties have not handled the final settlement of the project price.In the trial, both parties to the fact that Qianhe company has actually used the case involved in the plant without objection, only to the plant delivery time dispute, Rongcheng company that July 18, 2014 after the completion of the project has been delivered to use, Qianhe company said in 2016 began to actually use the plant.The first-instance court thinks, humble company has involved unauthorized use case workshop, according to the Supreme People’s Court on the trial of construction project construction contract dispute case applicable law question the interpretation of the first paragraph of article 14 of the third “construction engineering without completion inspection and acceptance, the developer use, without authorization to transfer possession of construction project for the day of completion date.”, the date of its actual use shall be deemed as the date of completion. Therefore, the warranty period of the project concerned has expired and the payment terms of the project payment have been fully fulfilled even if the date of its self-confessed use has been calculated.Author: Xu Renhe Liang Xuguang Hubei Guangliang Law Firm