Editor's note:2012Years8Month6Day, the Beijing Municipal Higher People's Court issued "on the trial of construction contract dispute cases several difficult questions" (Beijing high method[2012]245No.) (hereinafter referred to as the "answer"), divided into five sections,40The validity of the contract, involving, engineering quality, engineering settlement, visa claim, cost evaluation, responsibility etc.. "Hot and difficult problems in the judicial practice controversial answer" the referee criterion, has the very strong guiding significance to the litigation activities, and enterprise management, the real estate enterprises and the construction enterprise risk prevention and control has the reference significance.Beijing and Ming law firm Xing Wanbing briefly comments on the "answer", in order to provide dinner for you.

A, the construction contract effectiveness

1Effect of the construction contract, without obtaining the approval of the construction of how to identify?

The employer will have not yet obtained the construction land planning permits, construction planning permits and other administrative examination and approval procedures of the project, the construction contract signed with the contractor is invalid. But in the court of first instance before the end of the debate on the employer to obtain the corresponding formalities of examination and approval or approved by the competent department of construction, the contract shall be deemed valid.

The employer fails to obtain construction permits, shall not affect the validity of the construction contract.

Review: the Supreme People's court "explain") first, provisions of article fourth of the five cases of construction contract contract invalid, "answer" to add a "the employer will have not yet obtained the construction land planning permits, construction planning permits and other administrative examination and approval procedures". Based on the "try to make the contract effective" principle, "answer" a contract is invalid, and the validity of the contract to the correction of the court of first instance "before the end of the debate."

Before the commencement of construction permit belongs to the management of mandatory provisions, without obtaining the construction permit does not affect the validity of the contract.

2, "the Supreme People's Court on the construction contract dispute cases the interpretation of applicable law" (hereinafter referred to as the "interpretation" of Article 1) (two) provision "no qualification of the actual construction people borrow a qualified construction enterprises in the name of" contract construction (i.e. "anchored") including what situations?

Any of the following circumstances, should be identified as "explain" the provisions of the "link" behavior:

(1) don't have engaged in the construction activities of the main qualified individual, partnership organization or enterprise to have the name of the building construction enterprises engaged in construction activities Qualification of the contracted project;

(2The lower level of qualification) construction enterprises in the name of construction enterprise qualification grade high contract engineering;

(3The name) construction enterprises in construction enterprises do not have the construction general contracting qualification with the construction general contracting qualification of the contracted project;

(4) construction enterprises qualified through the nominal joint venture, cooperation, internal contract and other ways in permits others to undertake a project in the name of the enterprise.

Review: it involves two parties, affiliated party do not have the qualifications, use (borrow) qualified affiliated foreign contracted project name. It can be divided into two types: three cases before the "direct link", a situation as "disguised"".

3How to identify whether it belongs to, construction projects must be tender?

"Interpretation" of Article 1 (three) the provision "to tender" construction project that should be based on the "PRC law" the provisions of article third, "the people's Republic of China Law on Tendering and bidding regulations" and the former State Development Planning Commission "projects for the scope and scale standards" the relevant provisions of the regulations shall be determined. Legal, administrative regulations contains new provisions, apply to the new regulations.

Comment on: "projects for the scope and scale of standards"Article10Article: "the province, autonomous region, municipality directly under the central government according to the actual situation, can the provisions on the specific scope of local area must be subject to tender and scale standard, but not to narrow the set must be tender range." Article11Stipulates: "the State Development Planning Commission according to actual needs, the partial adjustment of the specific scope jointly with the relevant departments of the State Council on the regulations determined to bid invitation and scale standard." So.The construction of the scope of the project subject to bidding shall be according to theCombined with provisions, autonomous regions, municipalities directly under the central government, provincial and national development and Reform Commission and the relevant ministries to determine.

4Validity of labor contract, how to identify?

At the same time, in accordance with the following situations, the signing of labor contract effective:

(1) the labor service contractor to obtain the corresponding labor subcontracting enterprises qualification standards;

(2) range of subcontracting work is the construction services operations (including carpentry, masonry, plastering, stone production, paint, steel, concrete, scaffolding, formwork, welding, plumbing, wiring, Ban Jin);

(3Contracting for services) and small machinery and accessories.

Contract the labor service contractor responsible for large machinery, turnover materials leasing and main materials, equipment procurement and project related content, does not belong to the subcontractor.

Comment on: "explain" the provisions of article seventh labor contract is a valid contract. What is the subcontractor? "Answer" qualification of construction enterprises, from the angle of the content is the answer.

Labor contractor contracting methods for providing services and small machinery and accessories, commonly known as the "money bag". The labor contract agreed to lease large machinery, turnover materials and main material, equipment procurement, the industry called "the expansion of labor subcontracting", this is outside the range of the labor contract, in accordance with the other contract processing.

It should be noted that, "Regulations on Administration of construction market "(Draft) the provisions of article twelfth:"The construction unit shall have the following acts:...... (four) except for the small machinery and accessories, construction units will be associated with the construction of the building materials, components and equipment purchase or rental charge service unit."The regulations prohibit" expand labor subcontracting".

5How to identify the internal contracting, building enterprise behavior?

The construction contract the contractor will be handed over to its subordinate branches or registered project managers and other employees personal construction contract all or part of the contracted project, the contractor for the management of engineering construction process and quality, external to undertake the construction of rights and obligations under the contract, belongs to the enterprise interior contract behavior; the employer to internal contract lack of construction qualification on the grounds that the construction contract is invalid, does not support.

Review: the internal contracting and subcontracting, illegal subcontracting differ? This article gives the answer. The internal condition of contract: the internal contractor is building enterprise branches or staff; construction enterprises actual management of schedule, quality, safety responsibility undertakes the construction enterprise.

6Effect of small farmers, construction and low rise residential construction contract, family residential interior decoration decoration contract how to identify?

Construction contracts were signed to build small construction or two layer below (including two) residential farmers, or family residential interior decoration, the parties only to construction people lack the corresponding qualification for, advocate the contract invalid, generally did not support. For indeed in violation of the provisions of the enterprise performance management contract projects, may suggest the competent administrative departments to handle.

The contract has an agreement on quality standards, in accordance with the agreement, no agreement, in accordance with the standard or the particular standard consistent with the purpose of the contract to be determined. There are other parties to the dispute,Related content in principle can refer to this solution treatment.

Comment on:"Construction law" article81The provisions of this Law: "on licensing, the construction enterprise construction qualification examination and construction project contracting, prohibit subcontracting, regulations and supervision of construction projects, construction safety and quality management of construction activity, applicable to other specialized construction, the specific measures shall be formulated by the state council." Article83Regulation: "building small buildings designated provinces, autonomous regions, municipalities directly under the central government, with reference to the implementation of this law. Emergency rescue and disaster relief and other temporary housing construction and peasant self built low rise residential buildings, this law does not apply to." Visible, small construction and peasant self built low rise residential, the construction quality ofNot mandatory requirements. For indoor decoration enterprise qualificationChina Building Decoration Association released "Methods "management qualification national interior decoration enterprises, the relevant provisions do not apply to the administration of construction enterprise qualifications.

A small building, two floors below (including two) farmers residential, residential interior decoration decoration essentially belongs to the contract, the relevant disputes applicable "contract law", and in the light of relevant quality standards and administrative regulations, such as"Residential upholstery decoration management approach","Standardize the quality of interior decoration project","Village and town planning and construction regulations".

Determination and payment of two, the cost of the construction project

7The parties in the litigation, ago has the project price settlement agreement, a request for re settlement, how to deal with?

The parties in the litigation ago has the project price settlement agreement, a request in the procedure of new settlement, does not support, but the settlement agreement by the court or the arbitration institution recognized as invalid or revocable except.

Construction contract is invalid, but the project after the completion of acceptance, a party shall be invalid request that the settlement agreement is invalid in the construction contract, shall not support.

Review: the engineering settlement belongs to the free disposition within the scope of the transaction, should respect the agreement. Re settlement means negative consensus. One side argues that the settlement agreement is invalid, may be able to file a lawsuit or arbitration, request to withdraw the settlement agreement or that the settlement agreement is invalid.

"Explain" established "engineering quality is higher than the contract effectiveness" principle, the contract invalid but quality, still should pay for projects. According to the "answer", the contract is null and void, not equal to the settlement is invalid, the parties have reached an agreement on the project, still have to respect the agreements.

In judicial practice, some people think, invalid contract not binding, the parties according to the invalid contract make settlement also invalid, so as to apply the cost evaluation. If the quantitative analysis, the performance of the contract the two sides signed change documents, meeting minutes, visa single, acceptance of the report, the settlement agreement, the equivalent of the construction contract to reach a new agreement, the new protocol is investigated from the point of effect signed construction contract, invalid, unequal to subsequent new agreement is invalid.

8The project manager, the contractor in the contract validity applied behavior in the process of how to identify?

The construction contract, the Contractor's project manager to the contractor name signed the settlement report, visa documents confirmed, the project department chapter or charge project, accept the employer for material behavior, should in principle be recognized as official act or acts of agency by estoppel, binding on the contractor, but the construction contract or otherwise agreed by the contracting party has evidence to prove that the relative party knows or should know that the project manager does not have except the agent right.

Comment on: project manager signed the settlement report, visa, project funds for signing, material receiving behavior as the Contractor's project department, the chapter also belong to the contractor behavior.

This provision also remind how to management and restraint project construction enterprise manager. Lawyers recommendations: (1Project department) separate chapter with the project manager, the use of chapter (examination and approval system2The different behavior) with different way: the settlement must management engineering department, financial department and other departments approving, seal effectively; visa required by the examination and approval of the Ministry of supervision, engineering; project must be into company account, no project manager directly collection, accept material (3The internal contract) signed agreement with the project manager, not standard behavior for the project manager may appear heavier responsibility of breach of contract, agreement, and agreed that the enterprise shall have the right to deduct directly from the project payment or deposit (4) is the most important, the construction contract or power of attorney that the project manager authority, to the employer, materials and so on, and retained by the evidence.

9The effect of staff, how to identify visa confirmation?

The parties in the construction contract has the right to the engineering quantity and price change and other materials for the visa confirmed that there are clear agreement, in accordance with the contract, with the exception of the legal representative, other officials for visa confirmation is not binding on the parties, but opposite party has reason to believe that the visa officer except for proxy; no agreement or the agreement is not clear, the staff for the visa confirmation of their working behavior, binding on the parties, but the party has evidence to prove that the relative party knows or should know that the visa officer unless there is no agency.

Review: the allocation of the burden of proof, confirming the validity of the visa behavior of staff. Construction contract specific personnel, other personnel visa is invalid, opposite party according to other visa claim, should prove that the visa belongs to the agency by estoppel; construction contract and no agreement or the agreement is not clear, the claim shall be proved according to the visa, visa is a duty behavior, the party required to defense, should be relatively Fang Ming to know or should know the visa officers have no power of agency.

10, engineering supervision in the visa documents signed effect how?

Engineering supervision signed visa documents in the supervision process, involving the project amount, duration and the quality of the project and other facts, principles of the contract binding, relates to the engineering price change and economic decision making, in principle is not binding on the developer, but otherwise authorized the construction contract to supervisors agreed otherwise.

Review: the construction contract agreed to the supervision authority, applicable agreement. No agreement or the agreement is not clear, the engineering supervision of the contract within the scope of the content, time and quality, the fact of visa, the principles of effective; engineering quantity, duration, quality change caused by engineering change, principles of the contract shall not be binding. Of course, after the case, even though non binding, but also can play the role of evidence.

11Fixed price contract, the parties to the project, design change request on the grounds of adjusting the project cost, how to deal with?

The construction contract project cost fixed price settlement, in the actual implementation process, the actual engineering quantity increase or decrease caused by engineering design changes, the parties should be adjusted to the project cost, should be strictly controlled, the contract agreed to the project price adjustment, in accordance with the agreement; no agreement or the agreement is not clear can refer to the standards stipulated in the contract, the engineering quantity increase or decrease the part shall be settled separately, not according to the agreed standard settlement, can the valuation method according to construction construction administrative departments issued or valuation standard settlement.

That project price adjustment shall be agreed upon in the contract parties to the specific construction range, the actual quantities or reason, such as the number of facts bear the burden of proof.

Comment on: according to the "interpretation"22A fixed price contract, risk, in the scope stipulated in the contract price shall not be adjusted. The actual engineering quantity increase, according to the construction contract need to adjust the project, the adjustment range limited to engineering or part, project settlement for fixed price increase (decrease) the adjustment part. Settlement method of engineering or part of the same or similar reference in the construction contract of construction project, not the reference, according to the "interpretation" of article16In accordance with local fixed settlement of the contract.

The burden of proof, a party advocating that: (adjustment1) according to the construction drawings, bill of quantities that scope of construction contract (2The reasons for changes (;)3According to the scene photos, drawings), notice of change, that change in quantity.

12, fixed price contract, the main building materials price changes, the parties should be adjusted to the project cost, how to deal with?

The construction contract project cost fixed price settle accounts, in the actual implementation process, the impact of steel, wood, cement, concrete and so on engineering cost major building materials prices larger changes, beyond the range of normal market risk, the contract agreed on building materials price risk burden, in accordance with the principle of the contract treatment; no agreement or the agreement is not clear, the parties request to adjust the project price, but outside of the scope and magnitude of market risk to support; the specific amount can opinion delegate identification mechanism reference construction site construction administrative departments for processing building materials price problem to be determined.

Because one party causes delay or time delay the supply of building materials, building materials during the period of a post part of the project, shall be borne by the fault side.

Review: the construction contract with fixed price valuation, but the performance of the contract process material price sharp rise, the project is adjusted, how to adjust, is always a difficult problem in judicial practice. Contract price adjustment method of no agreement or the agreement is not clear, the contractor usually display fair request on the grounds of judicial organs to adjust the price, but the result is uncertain, most situations faced by the contractor. "Answer" set "to support", the specific amount is determined according to the expert opinion. This article also remind the parties and lawyers, should pay close attention to cost, especially the price file.

A fault causes the contract delay, loss borne by the fault side.

13Fixed price contract, the contractor is not complete, engineering construction, how to determine the project cost?

The construction contract project cost fixed price settlement, the Contractor fails to complete the construction, the requirements of the employer payment, after review the contractor has construction engineering quality, can use "according to the proportion of conversion" approach, namely the appraisal institutions in the same fee standards are calculated has the total price of engineering of the price and the contract project, comparing the calculated coefficient, the employer to cope with the works of fixed price multiplied by the coefficient with the contract.

The party has been controversial works quantities, shall be determined according to the meeting minutes, the two sides signed the withdrawal handover handover records and supervision materials, the subsequent construction documents; cannot be determined, should be removed for reasons not engineering field the completion of the transfer and engineering failed to factors such as reasonable distribution of burden of proof according to the.

Review: the fixed price contract, does not perform all, how to pay the price? This article determined "according to the proportion of conversion" method, while respecting the parties, and is convenient for handling disputes. "Answer" published before, I saw a case,The court request cost identification, identification of the finished project quantity organs were identified according to the fixed price, court according to expert opinion, this is plausible, a serious violation of substantive interest.

This article applies the premise is: the amount, has completed the amount determined, has completed the quality. How to determine the amount of completed? According to transfer files. No transfer of files, according to the existing materials, the objective fact, through the allocation of the burden of proof, the proof shall bear the adverse consequences.

14"Interpretation", the contractor according to provisions of article twentieth of the request processing completion settlement documents according to the settlement price,?

The construction contract, the employer shall give a reply within a certain period in the completion of the settlement received documents submitted by the contractor, but not explicitly agreed if no reply is deemed acceptance of completion settlement documents, contractor according to "explain" the provisions of article twentieth in accordance with the requirements of the completion document settlement project price, does not support.

The construction contract does not clearly stipulated, the contractor only by the former Ministry of construction "construction contract pricing and contract management measures" provisions of article sixteenth, or "construction contract (model version)" (GF-1999-0201General Provisions Article)33.3The agreement as the basis, in accordance with the requirements of completion settlement documents of project price settlement, not support.

Comment on: "explanation" for the20Rigid premise is the construction contract "if not reply for approval". Construction contract without agreement, only according to the Ministry of construction rules or demonstration text should be sent price settlement, not support.

15"Black and white contract", how to balance the project cost?

The provisions of the laws, administrative rules and regulations must be tender for construction engineering, construction engineering or not specified must be subject to tender according to law, but through the bidding process and for the record, the construction contract and record the actual performance of the substantial contents of the contract are inconsistent, should take the filing of the contract as the settlement of project cost basis.

Construction project not to tender stipulated by laws, administrative regulations, the actual or not according to the law of bidding, the construction contract signed by the construction administrative department of the local record, for the record contract and the actual performance of the substantial contents of the contract are inconsistent, should be based on the actual performance of the contract as a settlement project price basis.

Construction contract contract with the party filing of actual performance are due to the violation of mandatory rules of law, administrative regulations is invalid, contract settlement project price can refer to the actual performance of the.

Comment on: according to the "interpretation" of article21A "black contract disputes," to "white contract" as the basis for settlement, the premise is "white contract" after winning, filing, and the effective. The opposite interpretation, if the "invalid bidding white contract", nature can not be used as basis for settlement, refer to the actual contract settlement.

Non must tender also not bidding projects, the actual performance of the contract settlement.

16"Black and white contract", how to identify the substantive content change?

The bidding parties signed separately in the same project scope change under project price, pricing, construction period, quality standard of the result of the protocol, should be identified as "explain" the substantive content of the provisions of article twenty-first of the change. The winning bidder made to significantly higher than the market price to buy real estate, construction of housing facilities, free construction profits, to construction party donation commitment, shall also be deemed substantive content of contract to change.

The record contract actual implementation process, engineering for the design changes, planning adjustment and other objective reasons, engineering quantity or quality standards or the construction time changes, the parties signed the supplemental agreement, meeting minutes and other written documents on the substantive content of the contract for change and supplement, belongs to the normal contract change, should be based on the above documents as determined on the basis of the rights and duties of the parties.

Review: what is the substantial change?Divided into direct change and a change. After,A change has been written in the Supreme People's court "2011National civil trialThe minutes of the meeting".

Distinguish between black and white contract and the normal performance of the engineering change, and the latter is due to the change of design changes, planning changes caused by engineering quantity, quality or duration, belongs to the normal change of contract.

17, invalid contract of construction project cost to determine how?

Construction contract is invalid, but the project final acceptance, according to "any party concerned to explain" the provisions of article second according to the requirements of the contract agreed to pay the project discount compensation, shall support. The contractor to the employer by the people's Bank of China loan interest payments owed project payment of interest, and should be supported. The employer to void the contract on grounds for profit with engineering discount compensation, not support.

Comment on: according to "explain" the second, the Contractor's request according to the contract agreed to pay the project cost, should be supported. If the employer requests "reference", whether to support? According to thePrinciple of correspondence between rights and responsibilities, should also support. Extension of understanding, the construction contract is invalid, the party that refer to the contract payment, the other party shall support the former cost identification.

More than meet the project price payment date, the employer shall pay the interest, has nothing to do with the validity of the contract.

Invalid contract but the quality of qualified, the employer requests profit so as to achieve the purpose of project funds to pay, not support. Of course, the employer may according to the relevant provisions of the "construction law", the illegal income request construction administrative organ or the people's court shall contractor.

18"Explain", "the actual construction people" how to determine the scope?

"Interpretation" in the "actual construction people" refers to the invalid construction contract the contractor, who is illegal construction engineering work packages and the labor contract of the contractor, the contractor, to borrow qualification (affiliated construction); construction by the number of contracts, the actual construction shall is the final actual investment funds, materials and labor are legal, engineering construction of non corporate enterprises, individual partnership, contractor first civil subject. The court shall determine that the strict standards of actual construction, not free to expand the scope of "interpretation" in the second paragraph twenty-sixth. For does not belong to the scope of the parties pursuant to the provisions of the employer for the defendant to claim owed project payment, shall not accept, has been accepted, it shall reject it.

Construction workers owed wages or recourse labor remuneration, in accordance with the provisions of relevant laws, regulations and the payment of wages and the "Beijing Municipal Higher People's court according to the law the rapid processing of building in the field of migrant workers wage case opinion" properly handle.

Comment on: to define and limit the scope of "actual construction". The existence of "actual construction" is the premise of the construction contract is invalid, the essential condition is that investment funds, materials and labor. Several main sub investment but the people property excluded from "actual construction people" , construction workers are excluded from "the actual construction".

19The actual construction, illegal subcontracting, subcontracting claims owed works, how to determine the subject of litigation? The employer's liability and how to bear?

The actual construction of the illegal subcontracting, subcontracting someone accused demand payment of the project, the court shall not in accordance with the terms of reference of additional contract for the co defendant; the actual construction to the employer for the defendant to demand the payment of the project, shall add illegal sub contractors or subcontractors to participate in the litigation as a co defendant, the employer in the arrears of illegal contractors or subcontractors shall bear joint and several liability within the scope of the project. The employer fails to the owed project is put forward for the defense, should have to bear the burden of proof.

Comment on:Although the contract is invalid, still have to adhere to the principle of contract relativity.

The actual construction can sue the relative party illegal subcontracting, subcontracting, by the relative responsibility; can also be prosecuted to the employer, the employer in arrears of the party that is in arrears, illegal sub contractors or subcontractors scope are jointly and severally liable. The employer is in the other works by the employer, the burden of proof.

The agreement cannot be bound of actual construction and illegal employer or subcontractor of the employer, the employer only in default on its opponents range shall bear joint and several liability.

20Do not have the qualifications, affiliated construction claim owed works, how to deal with? It will project subcontracting, subcontracting to others construction, construction claim owed works, how to deal with?

The actual construction people not qualified (affiliated construction) affiliated construction enterprise qualification (ship), and in the name of the enterprise signed a construction contract, the affiliated person fails to claim the project's construction, it may in its own name, sue the employer payment of works, the court on the principle of being affiliated parties shall be added artificially, the employer to pay the project scope in less assume payment responsibility. Because of carrying out the construction contract debt, the affiliated person with the affiliated construction shall bear joint and several liability.

Affiliated person after contracting a project, to be linked to the name to subcontract the project, construction subcontracting to others, the construction claim owed project payment, in accordance with the "problems of Beijing Higher People's Court of civil and commercial case to answer five" forty-seventh regulations.

Review: the affiliated person fails to claim their rights, should give it the right, across the affiliated person, directly in his own name against the employer, the employer is still in arrears of the relative party affiliated person within the scope of responsibility. 

Carrying out the construction contract to the employer a debt, the affiliated parties shall bear joint and several liability.

According to "several problems of Beijing Higher People's Court of civil and commercial case to answer five", the actual construction can be prosecuted it have been linked with the people, the affiliated parties shall bear joint and several liability; also available separately sued the affiliated person liable, by its independent responsibility. The affiliated person of responsibility, the affiliated people have the right to recover.

21The employer's claims, it has to legitimate subcontractors, pay the actual construction project shall be deducted, how to deal with?

The contractor according to the construction contract requirements of the employer payment of works, the employer will have to claim its legitimate subcontractors, pay the actual construction project shall be deducted, shall not be supported, except otherwise agreed by the parties, the effective judgment, arbitral award shall be confirmed or contracting party has evidence to prove that except for its justification to legitimate subcontractors, pay for the actual construction of.

Review: adhere to the relativity of contract, the employer shall pay to the contractor. Not with the consent of the contractor and the subcontractor, directly to the actual construction of payment ", according to whether there is justification for" and determine whether it should be deducted.

22Effect of stipulated, chief contractor from the employer's payment to the subcontractor payment terms in the sub contract to that?

The sub contract agreed to be chief contractor for settlement and the employer payment to the construction contractor and the employer, chief contractor to the subcontractor for engineering, the agreement is valid. Because the chief contractor to delay the settlement or delayed in exercising its creditor's right due to the subcontractor can not be timely made project, contractor requirements chief contractor payment owed project payment, shall support. Chief contractor shall bear the burden of proof for the settlement between the employer and the employer payment of works of fact.

Review: the terms of payment agreed to seriously damage the subcontractor interest, but respect for "autonomy", is still effective clause. If the chief contractor fails to exercise the right, as the terms of payment achievement.

23The employer to a project without approval, or the Contractor fails to hand over the project completion data refused to pay for projects, how to deal with?

The construction contract agreed upon project completion acceptance after payment, the Employer receives the contractor to submit the project completion and acceptance of information, organization fails to completion and acceptance of the time limit stipulated in the contract or within a reasonable time limit without justified reasons, the project without approval refused to pay the construction proceeds, does not support.

The employer to the Contractor fails to hand over completed project data refused to pay for the project, as an excuse not to support, unless otherwise stipulated in the contract.

Comment on: "ConstructionSetEngineering construction contract "(GF-1999-0201)32.3That "the completion acceptance report submitted by the Contractor shall be the contractor received after28No organization acceptance days after acceptance, or14Amendments do not present days, as the completion acceptance report has been approved ";" standard construction bidding document ("2007Version)18.3.6Stated that "employer in receipt of the completion acceptance application report56Days without approval, as of acceptance, the actual completion date to submit the completion acceptance application report date, but the employer due to no resistance can not be acceptance except." The two version of the model show that, the employer is not acceptance within the agreed time limit, as of acceptance, so as to restrict the abuse of power, the contractor according to requirements for settlement, payment of works. "Answer" the model text, the employer's justification without no organization acceptance time limit stipulated in the contract or within a reasonable period of time, as the terms of payment achievement.

The completion of the project materials and engineering structure unpaired valence, not delivered data, but does not affect the payment, unless otherwise agreed by the contract.