1.What should Party A do in advance of construction?

 [practice consultation] our company received an invitation for bidding for a steel structure project, and learned that one of the basic conditions for winning the bid is to advance 10 million yuan in advance.Our company thinks that we can advance funds for construction, but we are afraid that Party A’s investment funds are not in place, which will lead to the failure to pay the advance funds to our company in time after the construction of advance funds, resulting in long-term arrears.What should our company do?

 [assessment] if Party A’s later construction funds cannot be raised or cannot be put in place, it may cause difficulties in timely payment of construction steel structure project funds and advance funds, and may also lead to steel structure project shutdown, forming “unfinished steel structure project”, thus making your company’s advance funds become bad debts.

 [bidding] at present, advance payment for steel structure engineering is not prohibited by law, which is an effective legal act.However, in order to avoid risks, your company can stipulate in the construction contract that Party A shall pay all or most of the advance payment before the completion and delivery of the steel structure project, otherwise your company may refuse to deliver the completed steel structure project.At the same time, your company can clearly specify the interest of advance payment in the construction contract. If Party A is short of funds, it will generally agree to stipulate the interest of advance payment in the contract.In addition, your company can also stipulate in the construction contract that if Party A fails to pay advance payment, it shall pay you liquidated damages. If possible, your company can also require Party A to provide advance payment guarantee.

 　　2.What should the subcontractor do if Party A fails to pay for the steel structure project?

 [practice consultation] our company has sub contracted the weak current steel structure project of a commercial and residential building. According to the contract, the general contractor still owes our company more than 1 million yuan of steel structure project payment.Our company has repeatedly asked the general contractor to pay, but due to the fact that Party A has not paid the steel structure project payment of more than 8 million yuan to the general contractor, the general contractor has no funds to pay the steel structure project payment in arrears to our company.What should our company do?

 [evaluation] in the construction of steel structure engineering, this kind of steel structure project payment default behavior is common.When your company asks Party A to make payment, Party A often refuses to pay on the ground that there is no contractual relationship between Party A and your company, which makes your company helpless.

 [bidding] according to the relevant laws and regulations, your company can ask Party A to pay the steel structure project payment through litigation or arbitration.In litigation or arbitration, your company can take the general contractor as the defendant or the respondent, and Party A as the third party; you can also take Party A as the defendant or the respondent and the general contractor as the third party; you can also take the general contractor and Party A as the defendant or the respondent for litigation or arbitration.It should be emphasized that Party A shall only be responsible for the payment of steel structure project payment to your company within the scope of arrears to the general contractor.

 　　3.What if Party A refuses to sign the contact list?

 [practice consultation] our company is now in charge of the construction of steel structure engineering of a factory building. Party a recently orally informed our company to make adjustment and change to some steel structure engineering materials. Therefore, our company submitted a work contact list on the adjustment and change of steel structure engineering materials to Party A, but Party A refused to sign the work contact list, only urged our company to speed up the construction And told us that the adjustment and change of steel structure engineering materials will be settled together after the completion of the steel structure project of the plant.What should our company do?

 [evaluation] Party A’s refusal to sign the contact list for material adjustment and change of steel structure engineering is mainly to avoid the possible extension of construction period, cost increase and price adjustment during the construction of steel structure engineering.If your company does not submit the work contact list for Party A to sign on, then the adjustment and change of steel structure engineering materials orally notified by Party A during the construction process may not be recognized by Party A in the later steel structure project completion settlement due to no written proof.

 [tips] if Party A refuses to sign for the materials submitted by your company face to face, your company can send them by express mail, and indicate the content of the materials in the column of “internal product name” of the express delivery. You can go to the post office on time to inquire and obtain the receipt of the other party’s signing for express delivery. You can also query and print the receipt of express delivery on the relevant website, keep the above voucher and keep good delivery Documents, fees * *, etc., which are sufficient to prove the fact that the other party signs for it.For particularly important information, you can also send it by registered notarization.

 　　4.What should Party A do when Party A delays acceptance?

 [practice consultation] the steel structure project of a factory building constructed by our company has been completed. Our company has asked Party A to organize acceptance for many times, but it has delayed the acceptance for various reasons, and started to use the completed plant on the ground of urgent need for production.What should our company do?

 [evaluation] if Party A fails to organize acceptance in time after the completion of the steel structure project, first of all, it wants to delay the payment for the completed node steel structure project that should be paid to your company. Secondly, it wants to “cause” the situation that your company can not complete the project on schedule, and requires your company to bear the responsibility for breach of contract for the delay of construction period.

 [bidding] first of all, according to the law, steel structure projects that have not been accepted or fail to pass the acceptance shall not be delivered for use.Therefore, when Party A delays the acceptance, your company can refuse to deliver the steel structure project.Secondly, according to the provisions of the model text of the construction contract of steel structure construction project, your company shall submit the completion acceptance report according to the time agreed in the contract and require Party A to sign for it. Party A shall organize relevant units to accept the report within 28 days after receiving the completion acceptance report, and give approval or propose modification opinions within 14 days after acceptance.If Party A does not organize the acceptance within 28 days after receiving the completion acceptance report submitted by your company, or does not propose modification opinions within 14 days after acceptance, the completion acceptance report shall be deemed to have been approved by Party A.According to the interpretation of the high people’s court, the completion date of the steel structure project is the date when the Contractor submits the acceptance report.Later, if Party A uses the steel structure without acceptance, it shall bear the quality responsibility of the unauthorized use part. However, within the reasonable service life of the construction steel structure project, the quality responsibility of the foundation steel structure engineering and the main structure shall still be borne by your company.

 　　5.How to deal with the sharp increase of steel price in the construction process?

 [practice consultation] our company has signed a fixed price contract with Party A. However, during the construction process, the steel price has increased significantly (the increase is more than 20% of the agreed price in the contract). Our company requires Party A to adjust the steel price agreed in the contract, but Party A will not adjust it on the ground that the contract is a fixed price contract.What should our company do?

 [evaluation] under such circumstances, your company is often faced with a dilemma. If you continue to perform the contract, it will cause serious losses to the steel structure project. If you do not perform the contract, you will also face the responsibility for breach of contract and huge claims.

 [bidding] during the construction period, the increase of steel price exceeds the normal and reasonable fluctuation range of market price, and beyond the range that can be predicted by your company and Party A. if the continuous performance of the contract is obviously unfair to your company, your company can require Party A to adjust the steel price to a certain extent according to the document No. 67 (2008) of Jiangsu Provincial Construction Department.If Party A disagrees, your company can also apply to the court or arbitration organization for adjustment.It should be noted that there are no legal provisions and specific standards for this adjustment. Your company should bear a heavy burden of proof. The judge or arbitrator can decide whether to adjust and how much to adjust.We suggest that when signing the construction contract, your company and Party A should clearly agree on the scope of risk bearing of the price of building materials. For example, you can agree that your company will bear the loss or gain if the price of building materials rises or falls within 5%, and Party A will bear the loss or gain beyond 5%.

 　　6.What should be done if Party A refuses to apply for visa in accordance with the agreed method?

 [practice consultation] the steel structure engineering construction contract signed by our company and Party A stipulates that the visa data must be stamped with Party A’s * * to be valid.During the construction process, party a proposed some steel structure engineering changes, and our company completed the steel structure engineering construction according to the change requirements.When our company made the above-mentioned steel structure engineering change content into the visa data and asked Party A to affix * * for confirmation, Party A refused on the ground that * * could not be arbitrarily covered.What should our company do?

 [assessment] “the visa shall be valid only if it is stamped with Party A’s * *” is an important condition for the visa to be effective as agreed between your company and Party A.If Party A * * is not stamped, the visa may be invalid, and your company’s purpose of extending the construction period and increasing the cost may not be realized.

 [supporting bidding] according to the law, if your company can prove that the steel structure engineering change is proposed by Party A and required by your company by other evidence other than visa, the steel structure engineering change, construction period and price adjustment can be confirmed by the other evidence.Therefore, when Party A refuses to affix the * *, your company shall collect and sort out the evidence of the steel structure engineering change order issued by Party A and the construction content of your company, and the records of the visa submitted to Party A for signature, such as the relevant certificates submitted by express delivery, mail, etc., and the image data of the concealed steel structure project shall be kept.With these materials, your company can realize the purpose of signing the construction contract through claim.

 　　7.What should Party A do about the fixed price contract?

 [practice consultation] our company has signed a fixed price contract with Party A, and there has been no dispute between the two parties during the construction process.However, in the completion of the settlement, Party A thinks that the price of the fixed total price is a little high, so we request to entrust the price review. Our company does not agree, and Party A will ignore our company.What should our company do?

 [evaluation] if there is no design change, steel structure project content adjustment, economic visa, etc. in the fixed price contract, there will be no price review problem.If your company agrees to Party A’s entrustment to review the price, you may have to bear the adverse consequences of reducing the contract price.

 [bidding] the contract signed by your company and Party A is a fixed price contract. Generally, the contract price is not adjusted.However, if the contract price is changed due to design change, economic visa and other circumstances during the construction process, your company and Party A can adjust the fixed total price agreed in the contract.If there is no change in the contract price caused by the above circumstances, if Party A requests to review the total contract price again, your company may refuse.If the contract price is changed due to design change, economic visa and other circumstances on the original basis, your company can agree to review the price only for the part of the contract price change.

 　　8.What should be done if there are quality problems in the materials supplied by Party A?

 [practice consultation] the steel structure engineering construction contract signed by our company and Party A stipulates that the building materials shall be supplied by Party A.Because the steel supplied by Party A has quality problems, the steel structure project completed by our company using the steel for construction is found to have quality problems by the supervision unit, and the supervision unit requires our company to dismantle this part of steel structure engineering with quality problems.What should our company do?

 [evaluation] according to the construction contract, there are quality problems in the construction materials supplied by Party A, especially the steel used as the main building materials. As a result, the quality of the steel structure project completed by your company using the steel is unqualified, so it is required to be removed by the supervision unit.Both Party A and your company will suffer serious losses.

 [bidding] if the building materials supplied by Party A do not conform to the contract and the national standards, your company has the right to refuse to use them and ask Party A to provide them again.If the construction of steel structure project is suspended or postponed, the construction period shall be extended. Party A shall compensate the company for the losses and actual expenses of shutdown, idling, switching, transfer of mechanical equipment, overstocking of materials and components, etc.In addition, according to the law, your company has the obligation to inspect and use qualified building materials in the construction process.If the quality of the building materials provided by Party A is not up to standard, and your company fails to fulfill the inspection obligation, resulting in quality problems in the steel structure project completed in the subsequent construction, your company shall also bear corresponding responsibilities.That is to say, when the construction materials supplied by Party A are not up to standard, Party A and your company shall bear corresponding responsibilities.Therefore, when using the construction materials supplied by Party A, your company should check the construction materials and refuse to use the unqualified building materials.

 　　9.Does the special seal of the Contractor’s construction project department have external effect?

 [practice consultation] without the consent of the project manager, the material staff of our company secretly sealed the special seal for the data of the construction project department and signed a contract worth 500000 yuan (the contract has not been performed) with a certain sand and stone supplier. The payment terms of the contract are unfavorable to our company.What should our company do?

 [assessment] there are many problems in the management of seals on the construction site. There are disputes on whether and what kind of legal responsibilities your company should bear for the stamping of these seals, and the risks are not small.

 [bidding] although the special seal of the construction project Department of your company is not the official external seal of your company, if the contract has been performed or partially performed and your company has not raised any objection after the seal is stamped on the external contract, it can be regarded as your company’s approval of the performance behavior, and it is a kind of recognition of the seal with no external effect, and your company shall undertake the performance Responsibility for performing the contract.Therefore, if the above situation occurs, your company should immediately notify the other party in writing when the contract has not been performed, indicating that the signing of the contract with the special seal of the construction project Department of your company is not authorized by your company, and the behavior of signing the contract is invalid.

 　　10.What should the general contractor do in case of accidents of subcontractors?

 [practice consultation] during the construction of a steel structure project, our company subcontract the woodworking steel structure project to a labor company, and agreed that the labor company should be responsible for the safety responsibility of the subcontracting steel structure project.During the construction of carpentry steel structure, one of the employees of the labor company was disabled by electric saw saw. Our company later found that the employee had no qualification for carpentry.What should our company do?

 [assessment] as a general contractor, your company should be fully responsible for the safety of the construction site, so your company should bear the corresponding responsibility for the safety accidents occurred on the construction site.

 [bidding] according to the law, your company, as the general contractor, shall be fully responsible for the safety of the construction site. If the subcontractor disobeys the management and causes production safety accidents, the subcontractor shall bear the main responsibility.Therefore, your company should sign a subcontract with a regular and standardized management unit when subcontracting steel structure engineering.In the above-mentioned problems, because the Carpenter employed by the subcontractor does not have carpentry qualification, which leads to the occurrence of safety accidents, the subcontractor shall bear the main responsibility for this and bear the employee’s industrial injury liability.It should be emphasized that as a general contractor, your company should not subcontract the steel structure project to any team without any qualification, otherwise, in case of any safety accident, your company shall bear all the safety responsibilities and the industrial injury compensation liability of relevant personnel.

 　　11.How should party a sign two contracts after winning the bid?

 [practice consultation] after the invitation of Party A, our company won the bid for a steel structure project.In order to pay less taxes, Party A requires to sign two contracts with our company, one is signed according to the actual bid price, which is used as the basis for the actual steel structure engineering construction; the other is 20% off the actual bid price, which is used for the government record.What should our company do if we don’t want to offend Party A and reduce the risk?

 [evaluation] a contract signed with a 20% discount on the actual bid price is commonly referred to as a “white contract”, while a contract signed according to the actual bid winning price is commonly referred to as a “black contract”.After the completion of the steel structure project, when your company and party a settle the steel structure project payment, if there is a dispute because of which contract is the settlement basis, according to the interpretation of the high court, the contract signed by your company with a 20% discount on the basis of the actual bid price will be the basis for your company and Party A to settle the steel structure project payment.In other words, signing the two contracts means that your company will get 20% less of the steel structure project payment.

 The steel structure project still has to be accepted, so it can not be lost.Your company can agree with the requirements of Party A, but it should be attached with one condition: the steel structure work quantity to be completed in the contract signed according to the actual bidding price shall also be 20% off according to the steel structure quantity in the tender offer.Discount can be handled flexibly. For example, a lower amount is tentatively set for some items, and it is agreed to adjust according to the actual situation in the future.

 　　12.How to deal with the difference between construction drawings and bidding drawings?

 [practice consultation] Party A issues the bidding document, and it is agreed that the total price of steel structure works shall be contracted according to the drawings.Our company bid and won the bid.Subsequently, Party A provided a set of construction drawings with the same number as the bidding drawings, and required to sign the construction contract with our company accordingly.After checking the two drawings, our company found that the amount of reinforcement on the construction drawing was 500 tons more than that on the bidding drawing.What should our company do?

 [evaluation] the above situation is actually a secret price reduction of several million yuan by Party A.If your company does not find the difference between the two sets of drawings in time, or sign the construction contract with Party A with the fluke mind of price adjustment later, the construction drawings will replace the bidding drawings and become an integral part of the contract.In the process of construction, it is difficult for your company to ask Party A to adjust the total contract price even if it needs to use several million yuan of steel bars.

 [bidding] first of all, if your company finds that the two sets of drawings are different, you should immediately inform Party A in writing, telling Party A that although the construction drawings and the bidding drawings have the same drawing number, the construction drawings use 500 tons of steel bars more than the bidding drawings.Secondly, your company may require Party A to sign the contract in accordance with the tender drawings instead of the construction drawings on the ground that the construction contract shall not substantially modify the bidding documents and tender documents.Later, if the second step fails and your company wants to take over the steel structure project, you can agree to carry out the construction according to the construction drawings. However, Party A should ask Party A to confirm in writing the modification of the construction drawings to the bidding drawings, and apply for additional contract price and extension of construction period according to the price adjustment procedure of design change.

 　　13.What should Party A do with the steel structure project within the scope of subcontract?

 [practice consultation] our company is responsible for a steel structure project, including structure, decoration, water and electricity installation, etc.In the process of construction, Party A shall subcontract the aluminum doors and windows, earthwork backfilling, elevator, hall decoration, etc. to other construction units, and only give our company 2% of the cooperation fee.What should our company do?

 [assessment] those who have been engaged in steel structure engineering know that what Party A requires to subcontract out is fat and fat with rich profits. What you are left with is hard to eat and no meat. The 2% cooperation fee is far from enough to make up for the losses caused to your company.If we don’t stop the subcontracting behavior of Party A, the steel structure project with small profit is likely to suffer a large loss.

 [bidding] first of all, before obtaining the acceptable cooperation fee, your company can politely refuse Party A to subcontract the above steel structure project, thus reducing the scope of the contract.Party A has no right to modify the contract unilaterally without your consent.Secondly, if Party A ignores your company’s objection to hard subcontracting the steel structure project, your company should ask Party A to sign a supplementary agreement with Party A to agree on the coordination fee, narrow the scope of the contract and reduce the contract price. Special attention should be paid to the contracted scope of the contract and the boundary between the working face and the subcontractors, so as to avoid disputes.After that, your company should prepare the steel structure project progress coordination plan and report it to Party A for written confirmation.The plan shall specify the schedule requirements for the steel structure works of the subcontractor designated by Party A, and pay special attention to the working face provided by the subcontractor designated by Party A to your company and when it should be provided.

 　　14.What should Party A’s representative do if he gives an oral notice to repair the service road?

 [practice consultation] the construction was in the rainy season, and the construction site was very muddy.The superior leader of Party A wants to inspect the construction site, and the representative of Party A immediately informs our company orally that the sidewalk will be built outside the construction road, but there is no written confirmation.What should our company do?

 [evaluation] according to the principle, the sidewalk is undoubtedly outside the contract, and the money for the construction of the sidewalk should be paid by Party A to your company in addition to the contract price. However, from the actual development of this matter, once Party A does not recognize the money, the oral notice of Party A’s representative will be unsubstantiated without its written confirmation, so it is difficult for your company to ask for itParty A added the money for repairing the sidewalk.

 [bidding] if there is no special agreement between Party A and your company, according to the construction contract model text issued by the Ministry of construction, first of all, even if your company has any opinions on the oral instructions of Party A’s representatives, you should try your best to implement the oral instructions while giving written opinions to Party A.Secondly, your company shall notify Party A’s representative in writing within 7 days after the oral instruction is issued by Party A’s representative, and ask him to sign for and confirm the oral instruction.If Party A’s representative fails to respond to the confirmation request in time, it shall be deemed that the oral instruction has been confirmed.In addition, if your company fails to ask the representative of Party A to confirm the oral instruction as mentioned in the second step in time, your company shall also ask the representative of Party A to confirm it in the meeting minutes, acceptance records or other written documents.

 　　15.What should Party A do if the progress payment is delayed?

 [practice consultation] when our company contracts a steel structure project, the contract stipulates that Party A shall pay progress payment on a monthly basis.Due to the financial crisis of Party A’s group, Party A began to delay the progress payment after the main structure came out of the ground.What should our company do?

 [assessment] in case of financial crisis in Party A’s group, Party A is unable to pay the progress payment for the time being.If you want to continue to do, you need to have funds to advance construction, and bear the risk that the advance may not be recovered.If others continue to do it, your company will not be able to make any profit from the remaining steel structure project.

 [bidding] if there are no special provisions in the contract, according to the interpretation of the high people’s court and the provisions of the model text issued by the Ministry of construction, first of all, your company can urge Party A to pay in writing.If Party A is sincere and provides payment guarantee, your company can agree to sign a deferred payment agreement with Party A, specifying the delay period, interest and guarantee; secondly, if Party A neither pays nor refuses to reach an agreement on deferred payment, your company can stop construction and notify Party A in writing,At the same time, keep the certificates of wages, materials, machinery rental fees, etc. during the shutdown period; thirdly, if Party A still fails to pay after 56 days of shutdown, your company can notify Party A in writing to terminate the contract, at the same time, you should confirm with Party A and the supervisor the scope of completed steel structure works, and negotiate with Party A the cost of completed steel structure project and the losses to be compensated by Party A.

 　　16.How to avoid construction period fine in contracting “trilateral steel structure project”?

 [practice consultation] our company has undertaken a steel structure project, and Party A requires to complete the project before a certain celebration date, otherwise our company will pay 10% of the total contract price as penalty.Party A provides design drawings while our company carries out construction.Because the construction drawings can not be provided in time, or even modified and adjusted from time to time, the construction personnel are often in shutdown and slow down. What should our company do?

 [assessment] the construction period risk of the steel structure project is very high, and the construction can not be carried out without construction drawings.Once the construction period is delayed, if there is no evidence that it is caused by Party A, your company will bear a huge amount of liquidated damages.

 [bidding] first of all, your company can revise the schedule, take the provision of construction drawings as the precondition for the start of each steel structure project, and submit it to the supervision unit for approval, as the basis for requiring Party A to provide the date of drawings.Secondly, if Party A fails to provide drawings before the commencement of a certain steel structure project, your company should urge Party A to provide them in writing.Thirdly, if there is no special agreement in the contract, and Party A fails to provide the construction drawings after being urged, your company should apply to Party A in writing for extension of construction period and ask Party A to compensate for the loss of work stoppage within 14 days thereafter, and apply once every 14 days until Party a provides the drawings.In this way, your company can not only avoid the responsibility for the delay of construction period, but also get compensation for the loss of work stoppage during the period of drawing delay.

 　　17.How to deal with the quality problem of material supplied by Party B?

 [practice consultation] our company undertakes a pile foundation steel structure project, the construction period is 100 days, and the penalty for each day of delay is 20000 yuan.Pipe pile is purchased from a well-known pipe pile factory by our company.The Quality Supervision Bureau found that the diameter and spacing of the reinforcement of the pipe pile did not meet the requirements of the specification, and the on-site pipe pile was sealed up.What should our company do?

 [assessment] the great risk of your company is that the construction period is so short that it will take a long time for the Quality Supervision Bureau to investigate and deal with the quality problems of pipe piles. Delay in the construction period will mean that your company will pay a huge amount of liquidated damages to Party A.In addition, if the matter is not handled properly, your company may face a fine of less than three times the payment for the pipe pile according to the law.

 [bidding] first of all, your company should collect the relevant data of pipe pile procurement and site inspection, and send a letter to the Quality Supervision Bureau, stating that it did not know about the unqualified pipe piles, and actively cooperate with the Quality Supervision Bureau in handling cases.Secondly, your company should actively communicate with Party A and the supervisor, purchase other qualified pipe piles from other units, and complete the remaining steel structure project as soon as possible.Once again, your company should inform the original pipe pile factory in writing and ask it to deal with the unqualified problem of this batch of pipe piles.After that, your company should collect materials that can prove your losses and claim for compensation from the original pipe pile factory after the quality supervision bureau handles the case.

 　　18.How to deal with the paralysis of the subcontractor’s project department?

 [practice consultation] after the general contracting of a steel structure project, our company subcontract part of the decoration work to a company.In the process of construction, the project management department of the subcontractor was paralyzed, there was no command and management on the construction site, and the labor team could not carry out the construction.What should our company do?

 [evaluation] the general contract often stipulates that the general contractor shall bear strict responsibility for construction period and quality. There is a clause in the general contract similar to that in the general contract, the general contractor shall pay a penalty of 30000 yuan to Party A for each day of delay.Although the subcontract amount is not high, if the subcontractor does not complete the subcontract steel structure project according to the construction schedule, the whole steel structure project cannot be completed within the construction period specified in the contract. According to the contract, the general contractor needs to pay a huge amount of liquidated damages to Party A.

 [support] first of all, your company should inform the subcontractor in writing to terminate the subcontract and take over the subcontract steel structure project by yourself, instead of managing the labor force on behalf of the subcontractor.Secondly, when fully taking over the subcontract steel structure project, your company should inform the subcontractor to participate in the handover, ask the supervision unit to count the steel structure work quantity completed by the subcontractor, and list all the quality problems that need to be repaired.Thirdly, your company can select the construction company to complete the remaining steel structure project by comparing the price, and ask them to repair the quality problems left by the previous subcontractor. In order to avoid conflicts, the selected construction unit can accept the original labor team as far as possible.In addition, when the settlement is made separately with the two subcontractors, the work quantity of completed steel structure, unfinished steel structure and repair cost shall be distinguished.

 　　19.What should Party A do when the completion settlement is delayed?

 After the completion of the steel structure project, our company submitted the completion settlement report.Due to the departure of the leader of Party A, half a year later, the leader of Party A submitted the completion settlement report to the accounting firm for audit.Because Party A does not recognize some of the visa during the construction process, the accounting firm has not issued an opinion after one year’s audit.What should our company do?

 [evaluation] some construction companies have called this kind of situation reluctantly: the settlement is delayed but not examined, the trial is not decided, and the time of payment is uncertain.

 [bidding] first of all, your company can confirm with Party A the cost of the steel structure project without dispute, list the disputed project separately, negotiate with Party A separately or file a lawsuit with the court.Secondly, if Party A does not have the sincerity of negotiation, your company shall file a lawsuit or arbitration on the whole completion settlement cost or the disputed part as soon as possible, and require Party A to pay the steel structure project payment and the interest of the steel structure project payment that is owed from the date of actual delivery of the steel structure project, so as to avoid procrastination.In addition, there is a small skill: when signing the construction contract, try to stipulate in Clause 3.2 of the special terms that “the application of the No. 369 document of the Ministry of construction” is stipulated in the article, because the article stipulates that Party A shall put forward the review opinions on the completion settlement within 20-60 days after receiving the completion settlement report and complete completion settlement data, otherwise, it shall be deemed as the acceptance of the completion settlement report; in this way, once Party A delays in reviewing the completion settlement Calculation report, your company can require Party A to pay the steel structure project according to the completion settlement cost calculated by itself.

 　　20.How to deal with the warranty quality problems notified by Party A?

 [practice consultation] shortly after the completion and acceptance of a residential steel structure project, our company received a maintenance notice from Party A on the water seepage of the steel structure project exterior wall.Our company thinks that the water seepage problem has nothing to do with the construction quality, and it is caused by the door and window joints of the door and window suppliers designated by Party A are not sealed.What should our company do?

 [assessment] if your company ignores Party A’s requirements, Party A will assign other construction units to repair.If this happens, there are two risks for your company: on the one hand, it will be difficult to find out the cause of water seepage; on the other hand, the maintenance cost may be much higher than what you need to repair. According to the current law of our country, your company should bear the corresponding maintenance cost.

 [bidding] first of all, your company should check the quality problems together with the supervision unit, record and take photos, and issue a maintenance plan to the supervision unit for approval.This is because the current law stipulates that the warranty procedure is to repair first and then discuss who should bear the cost.Secondly, your company should inform Party A in writing of the maintenance plan and maintenance fee list, and explain that the quality problem is caused by the door and window supplier’s inadequate installation.Thirdly, after the maintenance of the quality problems, your company should report to the supervision unit for acceptance.After that, your company should ask Party A to recover the maintenance cost from its designated door and window supplier and pay the maintenance fee to itself.

 　　21. What should the employer do if he doesn’t pay for the steel structure project?

 [practice consultation] our company has contracted the steel structure project of a commercial residential area developed by a certain unit. Due to the continuous downturn of the national commercial housing market affected by the financial crisis, the developer’s follow-up sales prospects are not clear. Therefore, before our company’s construction to the steel structure engineering project has not been capped (another 10% of the steel structure work quantity will be capped), the employer wrote to our company for a temporary period of timeStop the construction and inform the site to be removed within 10 days.According to the contract of both parties, the employer shall pay 80% of the steel structure project price after the project is capped.Now the construction is suspended. Our company requests to pay the steel structure project. The employer thinks that the steel structure project has not reached the payment node, so the payment cannot be made.What should I do with my company?

 [assessment] due to the impact of the financial crisis, many real estate development companies have suspended and postponed the construction of steel structure projects under construction and unsold projects due to capital problems. However, in the process of suspension and postponement, they still insist on the contract agreement of node payment, and some even refuse to accept the acceptance when the node is completed, so as to achieve the purpose of non payment, resulting in the Contractor’s early investment (advance)Unable to recover, so that the construction unit has become a developer project development risk “pacesetters.”.

 According to the contract law, “if a party improperly prevents the achievement of a condition for its own benefit, it shall be deemed that the condition has been fulfilled; if it improperly promotes the achievement of a condition, it shall be deemed that the condition has not been fulfilled.”Due to the impact of the financial crisis, the developer decided to stop and postpone the construction of steel structure project, which objectively prevented the possibility of the project from continuing to the payment node. Subjectively, it was to avoid the capital risk and reduce the payment to the outside.Therefore, the suspension and postponement of the Construction Bank by the developer should be regarded as “preventing the achievement of payment terms”, and your company can claim payment of node payment to the developer according to law.

 　　22. What should the employer do if he fails to pay the loss due to the financial crisis as force majeure?

 [practice consultation] in the construction of a steel structure project, the employer informed our company to stop construction due to the financial crisis, and the specific date of commencement is waiting for the notice.Due to the employer’s shutdown, our company has a huge loss.Therefore, our company filed a claim for compensation for shutdown losses to the employer, but the employer refused to pay on the ground that the financial crisis was force majeure.What should I do with my company?

 [assessment] the impact of the financial crisis on the real estate market is obvious. At the same time, it also has a great impact on the units engaged in the construction of real estate projects.Due to the sudden suspension of steel structure engineering, the construction unit has suffered various losses and expenses, such as capital overstock loss, idle work loss, material cost loss, machinery shift loss, secondary turnover cost, personnel dismissal and other losses and expenses, which makes the construction unit embarrassed and heavy.

 The law of our country clearly stipulates: “force majeure refers to the objective situation that can not be foreseen, avoided and overcome.”"If a contract cannot be performed due to force majeure or causes damage to others, it shall not bear civil liability, unless otherwise provided by law.”According to the above provisions, if the contract cannot be performed due to force majeure, if the law does not provide otherwise, there is no need to bear civil liability.So, is the financial crisis a force majeure?In fact, the financial crisis is a kind of “man-made disaster” caused by man, and also a kind of commercial risk in the process of operation, which is not force majeure.Therefore, there is no legal basis for the employer not to pay the shutdown loss because the financial crisis is force majeure. Your company can claim all losses caused by the employer’s unauthorized shutdown.

 　　23. Can our company exercise lien on the contracted steel structure project?

 [practice consultation] our company contracted to construct a large residential area of a real estate company. Before the steel structure project was accepted and delivered, due to the impact of the financial crisis, the employer still owed 2 million yuan of due steel structure project and 8 million yuan of unexpired steel structure project payment. Our company was worried that the employer would not be able to perform after the delivery of steel structure project, so it “retained” all of themSteel structure project will not be delivered, more than a month later, under the coordination of the government, our company delivered the steel structure project.Now the employer claims for compensation of 5.8 million yuan to small owners due to our company’s late delivery of steel structure project.What should we do?

 [assessment] the impact of the financial crisis on the real estate market is obvious. Your concern is not entirely unreasonable.But sometimes if the right is not exercised properly, not only can not protect their own rights and interests, on the contrary, it will be counterproductive.

 The exercise of lien is mostly for movable property, while the construction of steel structure engineering belongs to real estate, so lien can not be applied in principle.In addition, as a priority right to protect the contractor, the priority of compensation for the steel structure project price is clearly stipulated in the law, and the right will not be lost due to the transfer of the subject matter. Therefore, the law does not stipulate that the contractor of the steel structure project can exercise the lien and not deliver the qualified steel structure project.Therefore, your company may need to take corresponding responsibilities.It is suggested that under the above circumstances, we can claim the right of uneasy defense and perform the right of defense at the same time. Moreover, the exercise of the right of defense should be equivalent. It can’t be like the employer’s default of 2 million yuan for steel structure project, and your company “detains” the other party’s steel structure engineering project of more than 100 million yuan, which is obviously seriously unequal.

 　　24. How to deal with our company being sued by the actual constructors?

 [practice consultation] our company has contracted a section of highway steel structure project, and now the steel structure project has been completed and accepted and delivered for use. However, in recent years, our company has received three lawsuits filed by actual constructors, with the litigation objects ranging from 3 million to 5 million yuan, and we do not know that there are such actual construction workers.What should we do in view of this situation?

 [evaluation] in practice, the contract counterpart of the actual construction contractor also has the strength to pay the steel structure project funds. However, the actual construction party only claims the high illegal interests beyond the contract agreement from the employer, and even colludes with the counterpart who has contract relationship, or conspires to extort money from the employer or the general contractor, and maliciously brings it to the employer or the general contractorLitigation in which the general contractor is the defendant.As the employer or the general contractor is not aware of the performance of the subcontract and illegal subcontract, the litigation result is likely to damage the interests of the employer.

 [bidding] Article 26 (2) of the judicial interpretation of the construction contract of steel structure project in very high court stipulates that the actual constructor can directly sue the employer to claim the steel structure project payment.However, in the current practice, it is considered that only when the opposite party of the contract of the actual constructor goes bankrupt and his whereabouts are unknown, it is difficult to guarantee the realization of his rights if the actual constructor does not file a lawsuit against the employer or the general contractor as the defendant, then the actual constructor is allowed to file a lawsuit with the employer or the general contractor as the defendant.Based on this, your company can provide evidence to prove that the counterpart of the actual constructor has the corresponding performance ability, that is, it may be exempted from bearing adverse litigation consequences.

 　　25. What should we do if the employer asks our company to undertake the responsibility of another subject of joint contract?

 [practice consultation] our company has jointly contracted a steel structure project of high-speed road and large-scale bridge with construction company A. our company is responsible for bridge construction along the way, and unit a is responsible for road construction.Now, due to the serious problems in the construction quality of some sections of unit a, the employer not only informed our company and unit a to carry out immediate rectification, but also made a claim of more than 5 million yuan.What should our company do in this case?

 [evaluation] the steel structure projects that form a consortium for bidding are often difficult and complicated steel structure projects with large quantities of steel structures, long construction period and large capital consumption. The purpose of the joint venture is actually to resolve the risks, but sometimes, if the selected counterpart has problems in management and reputation, it will not only be difficult to resolve the risks, but also produceGreater risk.

 [bidding] according to the relevant laws and regulations, the joint contractor is an illegal organization, and the member units within the joint contractor are the joint contractors, and they shall bear joint and several liabilities for the performance of the construction contract.In other words, the parties to the joint contractor do not distinguish their respective contractual obligations externally, and can not use the internal division of labor of the joint parties to defend externally that the employer does not bear responsibility for the part that does not belong to its own construction scope.The joint contractor’s responsibility for the contract means that the Contractor shall bear joint and several liability for all the responsibilities and obligations stipulated in the contract.Therefore, it is suggested that the units with strong strength, good reputation and high social evaluation should be selected in the joint contract, and it should be clearly agreed in the contract between the two parties that the compensation can be made after the external responsibility is borne.

 　　26. What to do if the assessment unit fails to identify the Contractor’s visa form?

 [practice consultation] our company contracted a steel structure project of a sewage treatment plant. After the completion of the steel structure project, due to the disagreement between the two parties on settlement issues, our company filed a lawsuit to the court, and then appraised and evaluated the cost of the steel structure project under the auspices of the court. However, the evaluation unit thinks that part of the steel structure project visa forms provided by our company can not be included in the evaluation price.What should I do with my company?

 [evaluation] in practice, due to the uneven visa management level of construction units, many of the visa documents of construction units can not be recognized by the employer and the court, resulting in the manpower and material resources invested by the construction units can not get the due return, and sometimes the losses are huge but there are suffering words.

 [bidding] steel structure project visa is a supplementary agreement reached by both parties in the construction process according to the contract agreement. The mutual written confirmation of the visa will become the evidence of steel structure project settlement or final calculation of increase or decrease of steel structure project cost.The key is whether the two parties have reached an agreement on the payment of various expenses, extension of construction period and compensation for losses, which is in line with the provisions of the contract in form (such as signature, seal, etc.).Therefore, if your company’s visa form does not fully meet the above conditions and there are certain defects, it is suggested that your company can provide other relevant evidence to prove that the steel structure engineering content specified in the steel structure engineering visa form has been completed, and then the appraisal and evaluation unit can make supplementary assessment.

 　　27. How to do if the bid price is lower than the cost of our contract?

 [practice consultation] our company won the bid to construct a bid section of the urban ring road project in a city. During the construction of the project, our company paid a lot of money in advance. Now the steel structure project has been completed and accepted. However, according to the steel structure engineering quantity, the bid winning price of our company is obviously lower than the cost price of the steel structure project, and now our company has a huge loss.What should we do about it?

 [evaluation] although the law clearly stipulates that bidding shall not be lower than the cost price, in the current construction steel structure engineering market, malicious competition and disorderly competition lead to many construction units continuously reducing the bidding price or even bidding below the cost price in order to win the bid.After winning the bid, we want to increase the steel structure project fund by visa and claim. However, with the strengthening of the employer’s steel structure project management, it is difficult for the construction company to increase the steel structure project fund after winning the bid at a low price. If the quality of the steel structure project is ensured, the huge loss seems to be inevitable.

 [bidding] for the steel structure project that should be submitted for bidding, if the price of steel structure project stipulated in the construction contract of steel structure project concluded through bidding is lower than the cost price, such contract can be deemed invalid, or the terms on the price of steel structure project can be deemed invalid.If the contract or clause is found to be invalid, the contractor may claim to settle the account according to the contract price.As the construction project of your company has passed the acceptance inspection, it is suggested that your company can claim that the contract is invalid or the price terms of steel structure project are invalid, and claim settlement with the employer according to relevant contents.

 　　28. How to settle the “black and white contract” for steel structure project, which is not a bidding project?

 [practice consultation] since the steel structure project of a factory building is not a project that must be submitted for bidding, after our company quoted the price and allowed the profit to drop by 6%, the employer agreed that our company had contracted the steel structure project of the above plant at the price of 25.6 million yuan and signed a formal construction contract.Later, in order to handle the construction permit, the two sides signed a record contract of 18 million yuan, which was not used as the settlement basis.Now that the steel structure project has been completed, both parties have had disputes on settlement. Which contract should we take as the settlement basis?

 [evaluation] the “black and white contract” mentioned by your company is not the “black and white contract” in our usual strict sense. The “black and white contract” in the strict sense refers to the steel structure project that must be submitted for bidding.The judicial interpretation of the Supreme Court is also aimed at the “bid winning record contract” and “separately signed contract”. Therefore, the situation of your company is not necessarily applicable to the provisions of the judicial interpretation of the court on “black and white contract”.