Case playback:
In November 18, 2005, A company and B company signed a "building construction contract", agreed: by B construction company contracted C hypermarket, D square construction and installation engineering and E underground garage engineering. C hypermarkets and D square, the total duration of 230 days, C hypermarkets in 2006 before 25 July to reach the initial transfer condition, D square in 2006 September 1 recently completed. E underground garage project start date is September 16, 2006 (based on the actual commencement report the date of approval shall prevail), the contract period of 80 calendar days. The project according to the progress payment, the employer is not timely payment period extended, and compensate for the loss of work.
In December 8, 2005, the start of construction engineering C hypermarkets, which for A companies default on the payment of progress payment downtime for 16 days. In July 27, 2006 submitted to the subject inspection and delivery of materials, decoration. The completion acceptance report submitted in January 17, 2007 2007, on the 19 March A real estate company to submit completion settlement data, and delivery.
In June 10, 2006, started construction of D Plaza project. The A property company changed the design drawings, but not by the relevant authority. In December 14, 2006, D place the main structure completed, but the A real estate company not according to the contract standard pay progress payment. In September 30, 2007, the completion of acceptance, and delivery. In April 13, 2009, the City Construction Bureau issued a "Circular on" the completion of the project acceptance procedures for the period from 2009 April, 30 days before the final acceptance document submitted to the Bureau for the record.
In March 11, 2007, A real estate company agreed to review the E underground garage project commencement report. In April 19, 2007 the E underground garage main project passed the acceptance, but the A investment company not in accordance with the agreed payment progress payment. In June 30, 2007 the completion acceptance, A real estate company recognized B construction contract project, but because of the fire sprinkler, smoke construction units shall contract, until after the end of a comprehensive inspection, apply for a visa. In November 9, 2007 the underground garage engineering inspection, A company put forward that civil part has water leakage on the wall 25 need to rectify the problem. Subsequently, the Underground Garage Engineering in shutdown state.
In September 23, 2008, B construction company A real estate project requirements and interest payment arrears and bear the liability for breach of contract. The A property company B construction company to pay three project delay penalty; supplement D square "completed acceptance for table", "project completion acceptance report" and the completion of drawings and data, and shall bear the liability for breach of contract acceptance for delay and loss; immediately quality problems of underground garage engineering repair and bear the repair transfer of underground garage engineering cost.
Intensive analysis:
The closing of the project is the last phase of the project life cycle, including contract closeout and administrative closure of two parts. It needs to confirm whether the implementation of the project results achieved the expected requirements, and through the project transfer or liquidation, to confirm the actual benefits of the project may bring. At this stage, project stakeholders will exist in the larger conflict, may lead to increased costs, schedule delays and losses, and even cause the project died.
In this case, the A property companies have no right to demand the construction company to pay B three project delay penalty. Because, in July 27, 2006, B construction company to submit hypermarkets subject inspection and delivery of materials, decoration, has reached the preliminary condition for transfer. After deducting from the A property company payment in arrears projects, 16 days of downtime, no delay; D square project started in June 10, 2006 to December 14, 2006 completed the main structure of the project, which lasted 184 days, in the agreed period. Because of the existence of the design drawings and delays in the payment of project schedule, A company, B company has the right to postpone construction completion date the main project by underground garage; date of commencement report for March 11, 2007, to April 19th subject to approval, which lasted 38 days, in the agreed period. A real estate companies in default of payment the progress payment prior obligation under the condition of B construction company, bear the liability for breach of contract should not be delayed completion.
The A property company B construction company project to add D data, and bear corresponding responsibility and loss requirements cannot be established. Engineering record belongs to the A home company duties, requirements of B construction company to provide "completed acceptance for table" without basis. In September 30, 2007 the D Plaza project has been completed for acceptance procedures, can be identified "project completion acceptance report" has been submitted to the A real estate company. If lost, shall be made by the A company to assume responsibility. Because the A property company D Plaza engineering drawings without the relevant departments of audit, B construction company does not assume responsibility does not provide the as-built drawings.
The A property company B construction repair, transfer of underground garage engineering requirements cannot be established. Underground Garage Engineering and not comprehensive inspection for A home company has ceased, engineering need rectification problem is still uncertain, can be tested in the completion of the project acceptance. Without the approval of the circumstances, can not determine the underground garage engineering is eligible, does not meet the project delivery conditions.
A real estate company in the works of the fact if true, shall pay the payment and interest owed to the B construction company, and bear the loss of work fee.
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