Supreme people's court "on the trial of construction project construction contract disputes, the interpretation of the applicable law" article 24 of the construction project construction contract disputes to the construction of the contract for the place of fulfillment. This article is the procedural provisions on the geographical jurisdiction of the construction project construction contract, clearly stipulates that the construction project construction contract dispute case does not apply to the exclusive jurisdiction, but should be in accordance with the provisions of Article 24 of the Civil Procedure Law, apply the principle of general territorial jurisdiction of the contract dispute jurisdiction. According to the general principle of territorial jurisdiction, construction project construction contract disputes should be the place of performance of the contract, by the people's court jurisdiction of the place of construction or the location of the defendant. So the construction contract disputes apply to the contract geographical jurisdiction rather than exclusive jurisdiction.
Two, engineering subcontracting disputes indictment
Civil indictment (engineering disputes)
Plaintiff: xxx, male, han, born in June 1978, living in beijing fengtai district changxindian yu huangzhuang, identity card number, contact number 13426077088
Defendant: bazhong city construction and installation engineering co. Bazhong city Bazhou district, the legal representative of Zhou, is the chairman of the board of directors of the company, telephone
Defendant: Jiangsu paper company limited, domicile in jinhu county, Huai'an city, jiangsu province, the legal representative of the YuMouLi, is the general manager of the company, telephone
Case: construction subcontracting disputes
Lawsuit request:
1, according to law, order the defendant to pay the plaintiff immediately Project payment of 254408 yuan;
2, the case of litigation costs borne entirely by the defendant.
Facts and reasons: in January 2013, the plaintiff in the name of Beijing jiaye doors and windows limited company (hereinafter referred to as "jiaye") and the defendant bazhong city construction and installation engineering limited company (hereinafter referred to as "construction") signed the construction labor subcontract. (hereinafter referred to as "the building"), contracted "China ink stone garden" (museum) project (the project is located in fengtai district, changxindian shooting range road) of the windows and doors production, installation and other labor subcontracting works. Contract agreement: the contract price of 480 yuan per square meter (without decorative lattice) and 540 yuan per square meter (plus decorative lattice), according to the actual area of the windows and doors to calculate the total price; payment for the windows and doors to the site site of the finished product after the initial acceptance of the finished product to pay the value of the current 50% of the cost of the installation is completed and acceptance and pay the value of the finished product of the current 30% of the cost of the cost of the project to be fully completed by the five parties acceptance After passing, all the payments for the completed works will be paid within three months; the doors and windows works will be completed before March 15, 2013; the warranty will be 1% of the total labor cost of the total works, and will be paid in one year (March 2013-March 2014) after the completion of the works.
After the contract was signed, the plaintiff actively organized the construction, and completed all the windows and doors on schedule, all the windows and doors were accepted by five parties and put into use in March 2013. According to the contract unit price and the actual area, the building should pay the plaintiff 564,408 yuan, but it paid 310,000 yuan after the construction unit Jiangsu paper company limited (hereinafter referred to as "paper") did not pay off the project on the grounds of refusing to settle the project with the plaintiff, payment. So far, the construction owes the plaintiff 254,408 yuan.
Plaintiffs believe that the construction as the general contractor should pay the plaintiffs according to the contract, the paper industry as the construction party should be jointly and severally liable for the delinquency of the scope of the project.
Based on the above facts and reasons, and according to the contract law, civil litigation law, the plaintiff filed a lawsuit to the people's court, please support all of the above claims.
To
Beijing Fengtai District People's Court
The person who wrote the petition: xxx
xxxx year xx month xx
three, how the construction subcontract dispute jurisdiction
On the supreme people's court of our country for the criminal procedure law of our country has a clear explanation, in the criminal procedure law, article 28 there are Clear provisions, then it is clear that the construction contract disputes, construction contract disputes are in accordance with the real estate related disputes to determine the jurisdiction of the construction subcontract disputes are not included, then the jurisdiction of the construction subcontract disputes should be in the location of the defendant or signed the contract to fulfill the place of the court's jurisdiction.