Case playback:

　　A company is the B Hotel project, with C in November 30, 2001 signed a "construction contract", agreed: project, completion date for December 26, 2001 to October 31, 2002; the price to the final settlement price shall prevail, payment by the image of progress, the balance within two years to settle; warranty gold project 5%, the warranty period two years. In March 7, 2002, A company made "construction land planning permit", "construction planning permit", "construction permit" and "state-owned land use certificate". In March 19, 2002, A company has not provided the construction drawings and geological exploration data to C company, also did not solve the water supply, power supply problem of the construction of the. In June 13, 2002, two layers of roof construction of the main body of the project, A company did not provide more than three layers of installation diagram. In July 30, 2002, the acceptance of qualified foundation engineering division. In April 11, 2003, the main construction acceptance, C company has completed the project construction cost is 24990000 yuan, according to the progress of A company shall pay 17000000 yuan project. 2002 July to 2003 April, C company cuiyao the project schedule several times, but after A company to pay 15000000 yuan to pay the remaining amount, no longer. In 2004 February, C company in the main part of the project was not completed in case of total withdrawal. In October 1, 2004, A company and D company signed the "construction contract", to undertake civil engineering B Hotel unfinished. In October 29, 2004, C company to the notary service way for A company to confirm the extended time limit for a project, idleness fee and mechanical stagnated fee 3220000 yuan. In October 10, 2005, C company issued a "notice" on the termination of the contract to A company, A company to pay arrears and idling losses totaling 13210000 yuan. A also provides plenty of evidence that C companies do not regulate construction, engineering quality is not qualified, lax management, the delay in the schedule and other issues, and requirements of C company to A company compensation for delay penalty and project delays delivery can not be caused by the business economic losses amounting to 11550000 yuan.

　　Intensive analysis:

　　With the rapid economic growth and development of science and technology, the implementation of the project more and more complex, management requirements are also getting higher and higher. Successful project management requires the integrated use of contract management, schedule management, cost management and quality management methods, to avoid the risk of the project, to achieve the desired objectives.

　　In this case, A company and C company signed the "construction contract", is the true meaning of the parties, and not in violation of laws, administrative regulations of the mandatory provisions, shall be as valid contract, both parties are responsible for the fulfillment of obligations. The time delay is A, Gongchengbaojian procedures delay, provide construction drawings lag, hydropower supply, payment is not in place and C companies do not regulate construction, construction management is not strict, rework, common cause. C maintains the idling losses and A company that the delay penalty cannot be established. Because of A's default first, and there is no enough evidence to prove the overdue business losses, require the A claim overdue business losses can not meet the. In A company refuses to perform the obligation of payment situation, C company enjoys the right of defense to perform, in the main part of the project was not completed in case of total withdrawal no improper. A, on the same project signed construction contract extension with D company, the original construction contract can not continue to perform, C has the right to terminate the contract. After the cancellation of the contract, the unperformed portion no longer perform. Because of "engineering construction contract" agreed shelf-life already, zhibaojin need not be deducted from the project. Therefore, the A company should pay the C project funds 9990000 yuan, and to bear the loss of time delay.

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