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Contract disputes

Cause of action: Contract dispute

Attorney: Wang Yingxuezi

Brief of the case:

A town government in Kunming and an agricultural company in Yunnan signed a "project implementation contract". An agricultural company in Yunnan is responsible for planting seedlings. The contract stipulates that the maintenance period is 2 years from the date of preliminary acceptance, and shall not exceed October 30, 2021 at the latest. After the maintenance period is completed, the maintenance work will be handed over to the town government. A town government pays according to the survival rate of planting. On October 23, 2020, the relevant authorities checked and accepted the planting, and the agricultural company carried out the replanting after the acceptance. After the relevant authorities in 2021 again after the acceptance of the settlement, and according to the survival of the payment.

However, the township government believes that the maintenance period should be calculated for two years from the date of preliminary acceptance, and the maintenance period should be 2022. However, the agricultural company will not carry out management and protection after 2021, and the fees paid should also be refunded. Later, the township government sued the agricultural company because the two sides could not negotiate.

Case undertaking results:

Our agency agricultural company, after the trial, the judgment rejected all the other party's claims, the other party did not appeal.

Case assessment:

Although one party in this case is a government agency, because the contract signed by both parties is a civil contract, the two parties have an equal civil relationship, and both parties are also equal civil subjects. The Project Implementation Contract signed by both parties is signed by both parties through negotiation. The contract is the true intention of both parties, and the content does not violate the provisions of laws and administrative regulations, therefore, the agreement in the contract between the two parties that "the maintenance period shall be 2 years from the date of preliminary acceptance, and shall not exceed October 30, 2021 at the latest. After the maintenance period is completed, Party A shall be responsible for the maintenance work" is also a legal and effective agreement and should not be viewed in separate terms. Therefore, the end time of the maintenance period shall be determined to be October 30, 2021. The maintenance work of the agricultural company has been completed and the contract has been fulfilled.

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