Classic Case
A case of a dispute over a decoration contract between a company in Shantou and a company in Xishan District
Case Name: A Case of Dispute over Decoration Contract between a Company in Shantou City and a Company in Xishan District
Cause of action: decoration contract dispute
Category: Decoration contract
The verdict: all support the client's claims.
Difficulties in the case:
1. The time span is as long as 10 years. Has a company in Shantou City claimed project funds, warranty funds and other claims have passed the statute of limitations?
2. A company in Shantou City and a company in Xishan District have not yet made final settlement. How to determine the project price due to a company in Shantou City?
3. Can the project price due to a company in Shantou be based on the "Draft for Comments on Completion Settlement Audit Report" issued by a third party outside the case?
4. Is the defendant liable for breach of contract?
Basic case: A company in Shantou won the bid for the decoration project of a company in Xishan and signed the Construction Contract. The Construction Contract clearly stipulates the price of the project, the terms of payment, the warranty, etc. After the project involved in the case was completed, accepted and delivered for use, a company in Xishan delayed the final settlement, and a company in Shantou had to file a lawsuit with the court for payment of project funds, quality assurance funds and liquidated damages. In the end, both the first and second instance supported all the claims of a company in Shantou.
Legal Tips: The law does not protect the rights of sleepers, to exercise their rights in a timely manner.
Lawyers: Zhao Yongxiang, Bai Lanhua
Professional field: construction engineering
Industry field: Construction Engineering
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