How to claim compensation for breach of labor subcontract and unfinished project?
Lawyer Liu, director and founder of Liaoning Zhuozheng Law Firm, is a well-known expert in construction engineering and real estate legal affairs in China. Lawyer Liu has a profound knowledge of legal theory and has published dozens of professional papers. Lawyer Liu has been devoted to the research of engineering construction and real estate legal affairs, and has made great achievements in the field of real estate and engineering construction services. Especially when dealing with all kinds of major, complex, multi-level and multi-clue non-litigation projects or litigation cases, we can comprehensively consider various factors in an all-round and three-dimensional way and put forward the best solution for our customers, which has won wide acclaim. Over the years, lawyer Liu has provided professional and high-level legal services to many well-known domestic real estate and construction enterprises, and has provided fruitful legal services to hundreds of enterprises and specific projects such as Bank of Communications, China Construction Bank and Angang Group. List of some construction and real estate clients: Shanghai Baoye Group Shenyang Huaruifa Real Estate Development Co., Ltd. Shenyang Sanmu Real Estate Development Co., Ltd. Liaoning Zhonggan Real Estate Development Co., Ltd. Shenyang Tiandi Construction Development Co., Ltd. Liaoning Wanfang Real Estate Development Co., Ltd. Liaoning Lisan Real Estate Development Co., Ltd. The construction contract of Shenyang Air Force Second Guest House was terminated due to the breach of contract by the employer. For the settlement of the completed project price, we should pay attention to the following issues: First, check and confirm the completed project quantity. Two, it should be confirmed whether the completed quantity is qualified; If the project quality is unqualified, it shall be rectified and qualified. Four, according to the contract has not yet reached the payment deadline of engineering and engineering warranty, should be settled together. Because after the termination of the contract, the contractor will not continue to perform the construction obligations, and the unexpired creditor's rights have been converted into due creditor's rights due to the termination of the contract. Five, the contractor may, according to the provisions of the contract law, claim other losses and the expected profit of the unfulfilled part of the contract from the employer. Article 113 of the Contract Law stipulates that "if one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract". Six, the termination of the construction contract does not necessarily exempt the contractor from the warranty responsibility for the completed part of the project. If the contractor has completed part of the project, it shall undertake the warranty obligation in accordance with the contract. Article 41 of the Regulations on Quality Management of Construction Projects stipulates that "if quality problems occur in construction projects within the warranty scope and warranty period, the construction unit shall fulfill the warranty obligations and be responsible for the losses caused".