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Case 1 A project contract agreed to be completed in 2007. 10.30. In the actual construction process, the key line project was delayed for 93 days for the following reasons.

(1) In May 2007, 10-5. 19, the project was suspended for 10 days due to design changes.

(2) On May 25th, 200715-5.25th, the supervision engineer ordered to stop work due to the normal rainy climate 1 1 day.

(3) From May 20th to July 20th, 2007, the contractor stopped work for 6 1 day due to equipment failure.

(4) From July 20071May to July 25, 2007, work was stopped due to force majeure events stipulated in the contract 1 1 day.

Question: 1) How many days does the contractor claim to extend the construction period? Why?

2) How many days should the supervision engineer approve the contractor to extend the construction period? Why?

3) If the owner still requires the contractor to complete the project within the original time limit, what should the supervision engineer do?

answer

10 days, etc. until the drawings are closed due to design changes.

Supervision engineer ordered to stop work 1 1 day.

Force majeure event shutdown 1 1 day, 32 days in total.

The above 32 days can be postponed in the construction period, which is the responsibility of Party A (the owner) in the contract; 6 1 day of shutdown of the contractor (Party B) due to its own equipment failure is Party B's responsibility, and there is no reason to postpone the construction period.

According to the contract, the completion date is 2007. 10.30, and the contractor can only postpone the completion date by 32 days. Otherwise, it is a breach of contract, and the penalty clause stipulated in the contract shall apply.

Case 2

On October 8th, 2002/KLOC-0, Xu signed a purchase subscription with a real estate company. The two sides agreed that Xu would buy a house of a real estate company with a house price of 237,000 yuan. At the same time, the two parties made an agreement in the subscription conditions: "The subscriber will pay a subscription deposit of 30,000 yuan when signing the subscription book, and will go to the sales center to sign a contract with the seller with the subscription book and other relevant documents from 1 Feb. 2 1 Dec. 30, 2002. If the subscriber fails to sign the pre-sale contract and other relevant documents with the seller during the subscription period, the seller has the right to cancel the performance of this subscription and handle the shopping business of the subscriber separately, and the deposit paid by the subscriber will not be refunded. " After ...

After learning that the developer did not have a pre-sale permit, Xu proposed to sign a pre-sale contract and pay the down payment after the developer obtained the pre-sale permit, which was rejected by the developer. In this case, Xu sued a real estate company to the court, demanding a double return of the deposit of 60,000 yuan.

In the trial, the court of first instance held that there were three controversial points in this case: whether the subscription book was valid; The nature of 30,000 yuan; Did the plaintiff know in advance that the defendant did not have a pre-sale permit? The court of first instance held that the pre-sale of commercial housing must have a pre-sale permit, but a real estate company failed to obtain a pre-sale permit, which violated the mandatory provisions of the law and deemed the subscription book invalid. After the subscription book was found to be invalid, the deposit lost its guarantee effect, and the defendant was sentenced to return Xu's deposit of 30,000 yuan, rejecting Xu's claim to double the deposit.

Xu refused to accept the judgment of the first instance and appealed to the Intermediate People's Court. After trial, the court of second instance held that the subscription letter signed by both parties stipulated the deposit clause, which was in line with the legal characteristics of paying the deposit as a guarantee for concluding the main contract and should be considered as valid. The entry into force of the contract deposit agreed in the subscription book is independent and established before the main contract. Xu has paid the deposit as agreed in the subscription book, so the validity of the subscription book has existed since he paid the deposit and is binding on both parties. In the process of executing the subscription, Xu did not breach the contract, resulting in that Company A did not obtain the pre-sale permit of commercial housing and had no right to pre-sell commercial housing, and both parties failed to sign the master contract. The responsibility shall be borne by Company A. Accordingly, Company A is sentenced to double the deposit of 60,000 yuan.

Case review

There are two kinds of subscription or purchase orders signed before the pre-sale of commercial housing: one is an appointment contract, that is, an agreement to sign a formal contract for the sale or pre-sale of commercial housing in the future; 2. If the subscription book or purchase order contains the main contents of the commercial housing sales contract, and the seller has collected the purchase price as agreed, the subscription book or purchase order belongs to the commercial housing sales contract. Subscription or deposit is agreed in the subscription book or purchase order, but neither party has agreed. If the contract fails to be signed and the deposit is required to be returned twice or not, the subscription or deposit only has the nature of advance payment. If the two parties fail to reach an agreement on the sale and purchase of commercial housing, the deposit or subscription fee shall be refunded. Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that "if the seller accepts the buyer's deposit as a guarantee for concluding the commercial housing sales contract by subscription, order or reservation, and the commercial housing sales contract cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law; If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. " In this case, Xu and a real estate company did not sign a commercial housing sales contract because a company did not obtain a pre-sale permit. Therefore, failure to conclude a commercial housing sales contract due to one party's reasons should be treated as a penalty for deposit, and the judgment of the court of second instance is correct.

Case 3

Huang's lawsuit developer can't handle the land certificate dispute case.

Plaintiff: Huang.

Defendant: a developer.

Event playback

On March 25, 2003, Huang signed a commercial housing sales contract, agreeing to buy a set of commercial housing for a developer with a total price of 493,252 yuan. On March 26th, 2003 and June 23rd, 2003, Huang paid off all the house payment in two installments. Because the house is on the first floor, the developer fenced the green space in front of the house and sold it to Huang separately, with a total price of 57984 yuan. After learning that the "small garden" could not handle the land certificate, Huang asked the developer to refund the money and interest of 2783 yuan, which was rejected by the developer and Huang Sui appealed to the court. The courts of first and second instance agreed that the agreement to buy the "small garden" did not violate the mandatory provisions of the law and decided to dismiss the prosecution.

Case review

Developers believe that the contract does not violate the mandatory provisions of the law and should be considered valid. Refund of refund and wrong judgment in the first and second instance are due to the following reasons:

1. The land use right occupied by "Small Garden" belongs to all owners of the community, and the developer has no right to dispose of it. The agreement on buying and selling "Small Garden" is invalid. Article 27 of China's "Property Management Regulations" stipulates that the owner shall enjoy the ownership or use right of the parts and facilities of the property according to law, and the construction unit shall not dispose of them without authorization. When developers sell their commercial housing, they no longer enjoy any rights in the community. If developers still keep some houses for their own use, or some weifang are not sold, they can only enjoy the same rights and assume the same obligations as other owners as owners. In fact, the "small garden" should be shared by all owners. Developers have no right to dispose, according to the relevant provisions of China's contract law, the contract should be confirmed invalid according to law.

Second, the cost of the land occupied by the "small garden" has been included in the unit price of the house, and the developer cannot sell it again.

According to Article 5 of the Notice of Henan Provincial Price Bureau on Printing and Distributing the Price Behavior Rules of Newly-built Commercial Housing in Henan Province (Yuzi (2002) No.077), as a public land, the land cost of "small garden" has been included in the unit price of the developer's house. In other words, the developer has actually recovered the cost of the "small garden" in housing sales, and now he sells the "small garden" to the owner separately, which is equivalent to charging the owner twice, which obviously violates the basic legal spirit and principles.

Three, "small garden" land because of the inability to apply for land use permits, resulting in invalid contracts.

In our country, the assignment and transfer of land use rights can only take effect if the state-owned land use certificate is obtained through change registration. Because the "small garden" land is planned as a residential green space, it is impossible to apply for a land use certificate, which leads to the failure to fulfill the sales contract and Huang's failure to achieve the purpose of the contract. In addition, the buying and selling behavior infringes the rights of other obligees and should be deemed invalid.