It is difficult to distinguish between the time limit for the time limit of the contractor and the time limit. The employer claims that the penalty for overdue period will not be supported.

Release time:

2018-04-27

In actual construction, construction enterprises are likely to have defects such as inadequate preparation for construction, insufficient pre construction capacity and defects in project management. Owners may also have defects such as insufficient payment for project progress, design changes, increased quantities, and unauthorized use without completion and acceptance. At the same time, there may be defects in communication, coordination and coordination between the contracting parties. The above comprehensive reasons, or successively, or overlapping or combined, have resulted in a long delay in the construction period.
In judicial practice, when the contractor sues to the employer for the payment of the project, the employer usually counterclaims, claiming a huge overdue penalty. During the trial, the contractor often only needs to provide the actual completion date and the planned completion date of the contract, which is the number of days of the Contractor's actual delay, that is, the contractor has completed the proof of the delay in the construction period. But in reality, because the Contractor's weak position in the whole construction process, the contractor is often difficult to get a written visa that the contractor agrees to postpone the construction period even if the contractor causes the time limit due to the cause of the contractor. In the course of construction, the contractor usually coax the contractor to speed up the construction progress, oral promise will not be investigated for the duration of the work or the promise of a visa after the end of the project. Once the project is completed, the employer will be held responsible for the delay in the labor contract due to the purpose of deduction, payment of the project and so on. The contractor is often passive because of his lack of evidence and lack of evidence.
In recent years, in view of the increasing number of similar disputes, the high people's Court of Anhui Province, in view of the practice of construction, specially promulgated the Guidance Opinions (two) on the application of legal problems in the case of dispute cases in the construction contract of construction projects in Anhui province (two), Fourth "the contractor can not provide the visa of the delay time." Documents, but can prove that the project has delayed construction, no construction conditions, design changes, increase in the amount of engineering, the delay of completion of subcontracting projects designated by the contractor, and no full payment of the payment of the project, which can not be attributed to the contractor, and the construction schedule may be affected by the contractor. "
In December 21, 2015, the Supreme People's court tried to compensate for the delay of the contractor B in the case of the compensation for the delay of the contractor B. The contractor B had the defects of the project management, the delay of the work period, and the unauthorized withdrawal of the field. It is difficult to distinguish between the two parties' liability for overdue period after acceptance and acceptance. In this case, the Supreme People's court holds that it is obvious that it is contrary to the principle of fairness that the contractor B should bear the liability for breach of contract unilaterally without distinguishing the size of the breach of contract and the amount of the loss. (Wang Furong)

Notice of the Ministry of Housing and Urban-Rural Development and Other Departments on Issuing the Plan for the Division of Key Tasks for Implementing the Opinions on Promoting the Sustainable and Healthy Development of the Construction Industry

Three changes and three major events in the current reform and development of the construction industry

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