A, Jiangsu Province Higher People's court "several issues concerning construction contract dispute cases."

   The Supreme Court of Jiangsu Province in2008Years12Month17Japan considered and adopted the "Jiangsu Province Higher People's Court on the trial of cases of disputes over construction contracts" (hereinafter referred to as the Jiangsu High Court opinions, ideas) guidelines "judicial interpretation" Jiangsu Supreme Court opinions of the Supreme Court and other court, has the difference.

 

  1Applicable objects: three, the contract dispute cases

   Labor contract disputes, contract disputes and family residential decorative decoration housing directly offset project price and the employer of the housing no longer enjoys the rights of the contract disputes, not applicable guidance.

 

  2Price lower than cost price, the contract is invalid

   The project contract price below cost price, the parties requested that the project construction contract is invalid, the people's court shall support; but if the employer requires reference price settlement agreement, the people's court shall support.

 

  3, refinement"Link"Form of expression

   To the contractor and the construction unit has no property right relation, there is no financial management unified, there is no standard of personnel appointment and removal, relocation or employment procedures, as a concrete basis for the confirmation link.

 

  4Two, the starting point for a clear priority

   Contractor's project cost priority claim to the specific time for the exercise to two kinds of circumstances, the construction project has been completed, the exercise period since the completion of the construction date of six months; construction projects not completed, the duration of the exercise self construction engineering contract completion date of six months.

 

   5, "model text" general terms can be used as the industry practice

   Construction project contract, the content was not prescribed or clearly prescribed, the agreement could add; fail to reach a supplementary agreement, in accordance with the relevant provisions of the contract or the construction according to the national construction and the State Administration of industry and Commerce jointly launched "project construction contract (model version)" general terms.

 

   6"Report", break through the cost according to the real settlement of exceptions

   Construction project cost in the identification process, if the construction contractor engineering data issued by visa single project has defects, appraisal institutions not identified, the people's court in accordance with the appraisal report to support project cost; but the parties except for evidence of engineering construction materials engineering visa single engineering as it has been completed.

 

   7The cooperative development of real estate, the parties shall bear joint and several liability for projects

The cooperative development of real estate in the contract a party as the developer signed a construction contract with the contractor, the contractor requires cooperation parties jointly and severally liable to the payment of the project, the people's court shall support.

 

   8Affiliated with, the affiliated person shall bear joint and several liability

   It is linked to the name of a construction contract, due to the performance of the contract of civil liability of the affiliated person, have been linked with the party shall assume joint and several liability.

 

   9The planning, design, engineering change arbitrarily, resulting in loss of responsibility

   The employer if the change in project planning, design to the contractor in accordance with the employer's instructions, construction, resulting in the loss of the employer to bear; cause third loss by the employer and the Contractor shall bear joint and several liability.

 

   10The scope of the people's court, confiscate the illegal income

   The contractor to subcontract, illegal subcontracting construction profits and management fees paid by the actual construction, the people's court may confiscate.

 

    Two, the Zhejiang Provincial Higher People's court "several issues concerning construction contract dispute cases opinion (Draft)"

  Zhejiang Province Higher People's court has issued "several issues concerning construction contract dispute cases opinion (Draft)" (hereinafter referred to as the Zhejiang supreme court opinion draft) is divided into ten chapters forty-seven, more detailed provisions of the various links in the construction engineering construction process, which is characterized in the following aspects.

 

   1, determine"Three"The effectiveness of the contract and compensation condition

   The employer fails to obtain the construction land planning permits, land use permits and construction permits, the parties claim construction contract is invalid, the people's court shall not support; the employer fails to obtain the construction project planning permits, construction contract shall be deemed null and void, but the prosecution of former construction planning permits, the contract shall be deemed effective.

 

   2Clearly, increased the employer fails to perform its obligation of assistance right to rescind the contract, the contractor

   In addition to the Supreme Court "judicial interpretation" Ninth clear contractor lifting construction contract situation, the Zhejiang High Court draft to increase three, the employer is not clear at the time agreed within the construction site, the construction principle, construction of water electricity and construction, not at the time agreed to provide complete engineering geology and underground material or construction drawings, engineering intermediate acceptance does not apply in the agreed time, the contractor can not work, and fails to perform the corresponding obligations within a reasonable time limit for exhortation, the contractor may request the lifting of the construction contract.

 

   3, defined three cases can be extended time limit for a project

    The employer in the project payment, progress payment, change the design to cause the work stoppage, dead or due to irresistible factors engineering works, construction period can be postponed accordingly; the contractor has evidence to prove that the employer has delayed project, design change, increasing quantities as a result of extended period of time and in contract management time extension of the time limit within the extended time limit for a project employer requirements, or the situation seriously affect the construction schedule, the contractor may argue that the extended time limit for a project; the employer changes designed to increase the amount of the construction process, if the parties have not agreed upon time and not a consensus, according to the fixed time limit may be extended.

 

   4Provisions, may exercise the right of defense, reasonable retaining construction

    Construction after the completion of the project, the contractor to the employer in accordance with the agreed payment not by works, not to assist with the completion of the project acceptance, as work; construction projects after the completion of acceptance, giving people in the settlement or in the works, the contractor may exercise the right of defense is not delivered by construction projects, but not delivered value engineering and engineering arrears equal.

 

   5The presumption, or identifying the project completion acceptance conditions

   Construction project after the completion of the actual control has been by the employer, the employer is not the final acceptance of the organization, and no quality problem, as the final acceptance for the project, the completion of the project, as the project completion approval qualified date; the employer or supervisor units have been organized acceptance and sign relevant documents on confirmation of acceptance the project, should be identified by the acceptance, processing quality warranty period of the quality problems existing in the works.

 

    6Three kinds of circumstances, the contractor exemption for engineering quality defect of

   The contractor design drawings that the employer provides problems or problems found in the process of construction, not timely comments and suggestions to the construction of the contractor to the employer; provide materials (including commodity concrete) there should be no speech or experience unqualified still use; the contractor on quality standard, forward security the violation of laws and regulations and the construction, reduce project quality requirements, the Contractor shall not refuse and construction.

 

    7Has the right to recognition of the subject, to determine the quantity of engineering and engineering cost

   Both parties have agreed to have the right to make specific personnel quantity and price to the visa, confirmation, in addition to the specific person and legal representative, other researchers have made to the quantity and the price, can not be used as the confirmation of project price settlement basis.

 

   8Clearly, the fixed price contract, engineering quantity increase processing mode to adjust the project

    Engineering quantity increases beyond the fixed price contract scope, should be credited to the contract price; fixed price contract scope of an unknown, if the employer can not prove that the increase of amount of works has been included in the contract within the scope of, should be included in the contract price; the employer to fixed price contract form of tender, and a fixed price lump sum contract, occurrence engineering dispute, based on the actual engineering calculation lump sum total; signed fixed price contract, major changes in design drawing engineering change or fixed price basis, in accordance with the two sides to determine the engineering quantity list price just settlement.

 

   9The actual construction, protection mechanism of human rights after the damage

   Illegal subcontracting, illegal subcontracting of construction project, the actual construction and the contractor agreed to between the contractor and the employer's settlement price as the two sides settlement, should be agreed between the settlement; the actual construction of the burden of proof to prove that the contractor and the employer of the settlement results in damage to the legitimate rights and interests, the people's court according to the actual construction application, the actual construction due to project cost basis between the contractor and the employer's settlement documents, contracts and related visa.

 

    10Specify default payment standards

    The construction contract for default payment agreed, in accordance with the agreement, but the liquidated damages shall not exceed the total amount, breach of contract may result in losses for the party in breach a contract foreseen or should have been foreseen; default is generally not more than the contract fails to perform the part of30%.

 

    11, without the consent of the contractor, the employer direct fine invalid

    The construction contract"Fine"Both sides, should be regarded as liquidated damages; even if the contract the employer can directly from the project, deduction, deduction of behavior is not with the consent of the contractor; the parties in accordance with the provisions of contract law should be adjusted.

 

   12, construction contract, breach of contract as damages

   Construction contract is invalid, but the construction quality, refer to the contract calculation works, if the contractor will delay the schedule or the employer payment in arrears, the parties should refer to the contract agreed to compensate the other party for the losses resulting.

 

   13, the priority of the exclusion range

   Schools, kindergartens, hospitals and other undertakings for public welfare, the purpose of social groups, educational facilities, medical facilities and other public facilities the Contractor proposes to priority of payment, not support.

 

   14Strictly, the actual construction of a breakthrough of contract relativity three conditions

   The actual construction to the employer for the plaintiff, must comply with the conditions, namely, the actual construction of the contract relative person bankruptcy, One's whereabouts is a mystery., and the actual construction to the first contractor or contractor contracts are invalid, the actual construction did not mention the employer not litigation, it cannot be guaranteed the realization of rights.

 

   Three, the Shandong Provincial Higher People's court "on hearing the construction contract dispute cases the views of a number of issues", "2005Years of civil trial work conference summary "and"2008The minutes of the meetings of the civil trial work years "

   Shandong Provincial Higher People's Court of the relevant hearing construction contract dispute opinions and summary, which is characterized in the following aspects.

 

   L,Loan quality and be hanged, and borrowing and link artificial joint action

   The construction enterprise qualification certificate of transfer, lend or allow others to use in any way the name of the enterprise contract works disputes to the court, shall be borne by the lender and the borrowing entity co litigants to sue and be sued;

  A construction enterprise management relations in its own name or in the name of affiliated units signed construction contract, disputes should be generally to call operator and affiliated units for the common litigant to sue and be sued.

 

   2,The court to review the effectiveness of the contract terms

   In the case of construction contract dispute case, if both parties of a contract shall not claim, the court should review of the effectiveness of contract, and the confirmation and explanation in legal documents.

 

    3,Determining the display fair rate30%

   In the case of construction engineering arrears disputes, should in general be engineering cost and clearing the way for the parties agreed in the contract for the settlement; but the agreed price significantly higher or lower than the market30%Labor remuneration, significantly more than or less than similar labor standards330%Serious imbalance, resulting in the interests of both sides should be fair and reasonable price, the contract shall be changed.

 

   4,Specified invalid contract losses range

   Because of the invalid contract the scope of losses due to downtime cost, including disposal fee, mechanical equipment, building materials and construction backlog, the safekeeping fee, mechanical facilities idle fees, rental fees, temporary facilities construction costs and other direct connection with the work and independent expenses etc..

 

   5,Significantly less than the cost price of requesting the modification or rescission

   If the cost of price agreed project price is lower than the construction project, is in violation of the mandatory provisions of the regulations, according to the request of the parties change or cancel.

 

   6,No construction permit does not affect the validity of the contract

   The construction permit belongs to the management norms, not affect the validity of the contract specifications, and receive the construction permit, the construction contract has been concluded, therefore, the effective elements of the construction permit is not a construction contract, whether to obtain construction permits does not affect the validity of the contract.

 

   7,Clearly defined"Black contract"Can not be used as a basis for settlement

  "Bai Hetong"Is based on the confirmation of bidding the statutory form, though"Black contract"May be said that the true meaning of the parties, the contents of the contract of single due to circumvent the law, form of contract is not lawful, cannot replace"Bai Hetong"That is the record of the validity of the contract, not on"Black contract"As the settlement project basis.

 

   8, Home Furnishing decoration contract not applicable guidance

   The family room decoration decoration activities do not belong to the "construction law" adjustment range, for the family room decoration decoration contract disputes shall be on contract basis "contract law", according to the Ministry of construction "residential upholstery decoration management approach" to deal with.

 

   Four, the Anhui Provincial Higher People's court "guiding opinions on the law applicable to the construction contract dispute case"

   Anhui Provincial Higher People's court2009Years5Month, the "guidance" on the law applicable to the construction contract dispute case of the opinion, has the following special provisions.

 

    1,Not obtain construction permits planning contract is invalid, but the pre-trial correction effectively

   The employer fails to obtain the construction project planning permit, signed a construction contract with the contractor, the contract shall be deemed invalid, a single prosecution before planning permit, the contract shall be deemed effective. In violation of the provisions of the construction project planning permit scale building, the construction contract signed invalid, but the prosecution before completing the formalities, the contract shall be deemed effective.

 

    2,The non bidding project, on the basis of the record contract settlement need to bear the burden of proof

    Engineering projects such as belonging to the project subject to bidding, for the record contract price and the price is not the same, should be the price to determine the construction cost; not to be bidding projects, the burden of proof for the contract is the true meaning or actual performance of the contract, can determine the construction cost to record contract.

 

   3,Invalid tender project substantial benefit, non tender Rangli can effectively

   The contractor bidding project commitment to the project price ah amplitude Rangli sales, which belongs to the substantive changes to the project price, shall be deemed null and void; the contractor will fly bidding project promised concessions, such as no evidence of benefit after the project price is lower than the construction cost, can maintain the acceptance is effective, according to the promise of settlement of projects the price.

 

   4,The employer payment arrears progress payment, the contractor may moderate the burden of extended time limit for a project

    The employer fails to pay the progress payment in accordance with the contract and that the extended time limit for a project, as long as the burden of proof to prove that the contractor agreed in the contract for the period extended visa period the employer proposed extended time requirements of burden of proof, or because the employer delays the payment into a serious impact of project construction schedule, and support; because of the delay in payment of the progress of the projects and found that the contractor has the right time extended, extended during spontaneous contractor in engineering progress payment date to the date of the progress payment.

 

   5,Expand the scope of protection of the right of priority

   Decoration engineering contracting advocates the priority of payment for construction, can support; construction contract is invalid, but the project final acceptance, the Contractor proposes to priority of payment, can be supported; sub contractors or actual construction completed contract obligations and the construction engineering quality qualified, the chief contractor or illegal subcontracting person fails to claim the right of priority, the construction of the project in the Subcontractor under project scope for that project cost priority, to support.

 

         Answer five, Fujian Province Higher People's court "on hearing the construction contract dispute cases difficult problems"

   The Fujian Provincial Higher People's court to answer difficult questions of the form, the subordinate court construction contract dispute be guidance, the guidance has the following special provisions.

   1,A necessary condition for termination of the contract notice is not to prosecute

   Construction contract fails to notify the other party, directly to the people's court to terminate the contract lawsuit, the people's court shall not to notify the other party is not inadmissible; a party that meet the conditions of "rescission of contracts, but has not been charged to request cancelling the contract, or that the contract has been lifted, and the prosecution request the other party to bear the restitution, take other remedial measures, such as compensation for loss of legal liability, trying to find out the contract claim did not notice or notification does not reach the other side of the shall inform the parties can terminate the contract to increase the litigation request; after this, the parties are still not requests to terminate the contract, it shall refuse the claim.

 

   2,The employer shall not exercise the right to rescind

   The exercise of the right of cancellation must be in accordance with the provisions of the Supreme People's court "about the law applicable to construction contract dispute cases the interpretation" in article eighth, should not be arbitrarily expanded to exercise the right of rescission.

 

   3,Building quality defects of contractor liability situation

   The contractor has a problem or in the construction design documents and drawings found in error that the employer provides the engineering design, and did not have time to put forward opinions and suggestions, and continue to carry out the construction of the employer; provide the building materials, building components and fittings, equipment without provisions for inspection or inspection unqualified still to be used; to put forward by the employer violates laws, administrative regulations and construction quality, safety standards, reduce the engineering quality requirements, not to carry out the construction of the.

   4, If the parties fail to stipulate the reply period, not presumption

   The parties agreed the Employer receives completion settlement documents and completion of the settlement data after a certain period of time should be the answer, the employer shall inform the contractor in the contract period, the employer has not informed, as does not reply within the prescribed period, the party has not agreed to the employer's response time, should not in accordance with the Ministry of construction "building the pricing of contracts for construction management approach" the provisions of article sixteenth, the presumption of response time for28Day.

 

   5,Refuse to contractor repair, the employer please others repair costs, the Contractor shall not bear

   For reason of contractor caused the construction engineering quality is unqualified, the Contractor shall take reasonable repair costs. The employer refused by the contractor to repair and other repair please others without any justifiable reason, increased costs should not be borne by the contractor for please others.

 

   6,The content of the contract change effective

   The construction contract, engineering quantity increase or decrease due to design changes or under special geological conditions and other objective reasons, the agreement of the parties to the contract contents to make the revision, belongs to the normal exercise of the right to change the contract, the revised contract can be used as engineering settlement price basis.

 

   7,Determine the most supreme court "judicial interpretation" scope

   Application of "urban individual houses by the Supreme People's Court on the law applicable to Construction Contract Dispute Cases Interpretation"; bridge, railway, highway, port, dams and other structures, pipelines and equipment installation engineering and construction contract professional contracting of Building Decoration Engineering, application of the judicial interpretation; rural housing is not the application of the judicial interpretation, rural construction activity is adjusted by the State Council "village and town planning and construction regulations" and relevant laws and regulations, regulations.

        

    Six, Guangdong Provincial Higher People's court in2000Years and2006Issued "several issues concerning construction contract dispute cases on the trial of opinion" and "the construction project contract disputes Interim Provisions" two guiding opinionsThe special provisions, lies in the following aspects.

 

   L,The settlement of government investment projects, in accordance with the contract

   The settlement of government investment projects, should confirm its effectiveness. Audit department finance department audit on what works, is to monitor the financial appropriation and the use of administrative measures, is not legally binding on the parties to the civil contract. The employer to the financial sector or audit department did not complete the Completion Final Accounts audit, audit refused to pay for projects or to the finance department, the audit department audit, the audit results as the project settlement basis, not to support.

 

   2,After the settlement can claim damages and aroused interest

   The employer in the project after the settlement fails to pay the project payment, even if the two sides have been settled, the Contractor's request the employer in accordance with the contract agreed to pay the overdue payment default payment and aroused interest, shall support.

 

   3,After signing the contract and breach of contract, the employer shall compensate the contractor for the expected benefits

   And breach of contract signed construction contract with the contractor after the contract, should compensate the contractor for the losses caused thereby, the loss should be including the contractor to perform the contract can be obtained after the interests.

 

   4,The project payment specified starting time of gold

   The employer payment in arrears, the next day after acceptance of the works should be agreed in the contract or payment of up per annum payment; the employer to refuse or delay approval, the project approval time limit should be agreed in the contract expires on pay late fees, no agreement project acceptance deadline, the next day from project completion or construction requirements contract the expiration of the period of acceptance of people pay fines.

 

   5,The employer refused acceptance, the contractor can be self acceptance or deemed to have been accepted

   After the completion of the project, approval of an expiration of the contract, the employer refused acceptance, the contractor can unilaterally and organize the relevant departments of acceptance, the acceptance shall bear the costs of both parties on. Because the employer refused to provide the acceptance of information, documents, leading to acceptance can not, as the employer for engineering acceptance.

 

    Seven, Shenzhen City Intermediate People's court2006Years according to the Supreme People's court "about the law applicable to construction contract dispute cases interpretation, judicial interpretation"Combined with the practice of the civil trial, trial, legal construction contract dispute case, introduced

Guidance of special provisions, mainly in the following points.

     L,The administrative departments to review the treatment can be used as prepositive procedure in court

    The people's courts of the construction contract dispute, in the trial process, such as the administrative department is conducting a review of legality of the current project, properties, and case validity, legal consequences and responsibility entity processing must take the administrative department in charge of processing according to the conclusion, we should reject.

 

    2,The administrative departments to review the treatment as the court procedures of the situation

    1Involved in illegal construction, has been in accordance with the relevant provisions of Shenzhen city to declare the problems left over by history, but no conclusion, thus affecting the people's Court of final properties involved in the construction of;

   2To determine the contract is invalid, the loss to the competent administrative department of construction objective basis;

   3The people's court that, other needs to administrative departments of the illegal construction of processing the conclusions.

 

   L  All the people and the employer is not at the same time, the original defendant should be as the case

   All the construction contract the employer is not a construction project, the developer in his own name, the actual performance of the contract, all construction projects and the original defendant for the common column construction contract dispute case.

 

   L  Unless otherwise agreed, on completion of settlement documents unrelated to reply for no reply

   The agreement between the parties, the Employer receives completion settlement documents, fails to reply within the agreed time limit, as recognized by the completion of settlement documents, it shall be handled according to the. Independent contractor replies and completion of settlement documents, as there is no reply. The Parties otherwise agreed with the exception of.

 

   L  Clear project cost in construction drawings modification or engineering rework calculation

   Construction drawings and engineering rework modifications in the process of construction, engineering cost is determined by the two sides agreed or visa; if the construction process of the abolition of the original drawings, construction drawings of new, both sides and to contract the project cost, project cost according to the new agreement; no new agreement or the agreement is not clear, according to the actual engineering and the original contract to determine the price of a single project cost determination; if the construction drawings of the new implications of the construction of the original construction is not stated in the contract, both parties agreed not to project cost or the agreement is not clear, according to the actual amount of engineering, referring to the valuation and valuation standard settlement construction contract signed when the local construction administrative departments issued.

 

   LThe contractor unauthorized change of raw material, the employer may reduce price

   The contractor in the construction process is not according to the construction drawings, arbitrarily change the contract of building materials, components and fittings, equipment, specifications varieties, the employer for reduction of raw material price, shall support.

 

   LProvisions of the re apply cost identification condition

   The parties shall jointly select price mechanism and the price, the parties have objection to demand identification, does not support, but there is evidence of significant errors, omissions or audit institutions and the other party malicious collusion exists in except the price. Such as valuation agencies issued reports clearly inform if there can be presented in a certain period of time the objection, objection if not in this period, shall be deemed to be recognized.

 

    LThe termination of the contract, the project assignment, can claim priority

   The completion of the project acceptance of construction contract of construction projects is released, the completed construction project quality, contractor's priority of claim of the completed works enjoy the construction project cost, contractor, the exercise of the right of priority for a period of six months, counting from the date of termination of the contract of construction project. The contractor to the employer's works, creditor's right to the third person, the construction of priority for repayment of the transfer of Quan Suizhi.

    

     Eight, Jiangsu Province, Nantong City Intermediate People's court in2010Years specially issued "guidance on the construction of the actual construction of external engaged in commercial dispute liability issues (for Trial Implementation)",Its particularity mainly in the following aspects.

    LStrictly examine the project loan disputes in the borrowing of facts, the allocation of the burden of proof

    Involving construction project loan cases, strictly examine the authenticity to whether a borrower and loan principal amount of the actual.
    On larger amounts of debit and credit, the construction unit or the actual construction argued that borrowing hasn't actually occurred or creditor's rights specified in the loan principal amounts including interest, authenticity and provide evidence to judge the creditor's rights or creditor's rights specified in the principal amount of the reasonable suspicion, relative to the loan contract signed, issued debt the time, place and source documents, the funds delivery methods, time, place a factor to perform the contract to prove.

 

    LClear identification and treatment principle of agent

    With the administrative relationship and the construction unit of the project manager or other staff, sales, leasing, lending and other related commercial behavior within the scope of their respective functions to the construction unit name in, constitute the duty agents, shall be borne by the construction unit. Scope of construction unit staff should according to the construction unit has no clear mandate, relevant personnel of such factors as the nature of the job to make comprehensive analysis and judgment.

 

    LInternal agreement with internal binding

    Engineering affiliated, subcontract, illegal subcontracting relations between the two sides agreed to the construction unit shall bear no liability for debts related to the construction project, only binding on the inside, not against bona fide counterpart.

   LClearly apparent forms of construction agent

   1, the actual construction of external contracts with building unit or project department in accordance with the relevant requirements of the seal;
   2, the actual construction of external contract with no evidence of the construction unit agreed to seal engraving, relative to prove the seal in the engineering construction in normal use or the construction unit knows or should know the actual construction of the seal in the relevant behavior;
    3, the actual construction of external contracts without the seal, but the construction unit, the project department or site name, relative person can prove the conclusion of the contract was to know the actual construction of a case involving the project manager or other relevant identity;
    4, actual construction and the relative person fails to conclude a written contract, but the relative person can prove the actual construction contract in the construction unit, the project department or site name, and it has already know the actual construction has a case involving the project manager or other relevant identity;

    L  Product use the subject identified as an important factor of the apparent agency

    In combination with the relative subjective and objective facts are still unable to determining apparent agency, should use the subject matter of the contract as an important reference to review, such as the purchase of materials, leasing equipment and loan for project construction, construction unit responsible can be identified.

    L  No apparent agency

 

    1, the construction unit of clear authorization, relative who knows the actual construction of ultra vires agency;
     2The conclusion of the contract performance, obvious damage interests of the construction units;
     3The actual construction party, in its own transaction, as subject and relative person after the performance of the contract, the construction units without authorization by construction units issued on behalf of the certificate of credit;

     4The actual construction people, the Sike (or fake) seal or stealing cover seal foreign contract or the issue of debt obligations, and no evidence of the delivery of the object, use related to the project;
     5The conclusion of the contract, the actual construction without the construction company or project Department seal, namely in the name of the construction company, project or contract relative site, no evidence of actual construction people produced appointment book, a power of attorney or having other believe the actual construction is based on reason and agency;

    6Large loan funds, cash delivery in actual construction, and there is no evidence that the funds delivery, use the associated with this project;
     7The rule of thumb, the conclusion of the contract, and issuance of debt instruments, a comprehensive analysis of the time of delivery and use nature of the types who issued on behalf of, the subject matter of judgment, the actual construction or the relative person's behavior is inconsistent with common sense.                                     

        Author Pan Dingchun Li Wenyi Sun Xiancheng    (This article published in the times building)