[introduction of the lawyer in this case]
LV Yong, senior partner of Liaoning Tongfang law firm. Since practicing, he has served as the legal adviser of many enterprises and institutions and universities. Acting for a large number of litigation and non litigation legal affairs involving banks, real estate, companies, investment, insurance, contracts, etc.
[referee points]
If the amount determined by the court of first instance is wrong, it shall correct the wrong judgment.
[basic case]
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Engineering（ ×）， The project was accepted by the plaintiff after the bidding process. Bidding Document No × Article × It is stated that the total price of the project is fixed; Section × Article × It is stipulated that "all factors of price rise of building materials shall be fully considered in the tender offer. Once the bidder wins the bid, it will not compensate for the price difference of materials". Commencement date agreed in the contract: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project quality standard: qualified, project price × Yuan. The project payment (progress payment) is paid to the contract price one year after the completion acceptance is qualified × %, balance × % payment after expiration of warranty period. The project was completed and × year × month × Both parties confirm that Party A will pay the project price × Yuan.
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Engineering（ ×）， Project location: ×， Commencement date: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project price × Yuan. Payment of project payment (progress payment): it is allocated according to the progress of actual quantities and paid to the contract price after the completion acceptance is qualified × %, the contract price is paid after one year × %, balance × % payment after expiration of warranty period. The project was completed on × year × month × After the completion acceptance, both parties confirm that Party A will pay the project price × Yuan.
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Project, project location: ×， Commencement date: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project price × Yuan. Payment of project payment (progress payment): the method and time of payment of project payment (progress payment) agreed by both parties shall be allocated according to the progress of the project, and each month × (based on the actual completed quantities) × The progress payment shall be paid. The project shall be allocated according to the progress of the actual quantities of the project and paid to the contract price after the completion acceptance is qualified × %, the contract price is paid after one year × %, balance × % payment after expiration of warranty period. For the contract project, the defendant has paid × Yuan.
Three copies of special conditions of contract × The Clauses all specify that the contract is a fixed unit price contract. After the three contracts are signed, × Due to the failure to implement the land requisition of company a, the mobilization of company B is delayed. The actual commencement time is × year × Month, × year × Signed by both parties in × The bid section "construction project completion acceptance form" determines × All work contents of the bid section are completed, and the column "operation time" is filled in × year × Month. × year × month × The two sides also signed × The bid section "construction project completion acceptance form" determines × All work contents of the bid section are completed, and the time is not filled in the column of operation time. × year × month × The two parties held an emergency meeting on construction progress and formed minutes of the meeting, which recorded that due to land acquisition × The commencement of the bid section is delayed, so both parties agree to adjust the difference between labor cost and material cost as agreed in the original contract × The bid section shall be adjusted, and × The difference adjustment of the bid section is cancelled, and both parties agree to sign a formal supplementary agreement. However, the two sides have never signed a supplementary agreement. × The construction of the project has not been completed. Company B claims to be × year × In January, a company said it was not clear about this. × In, a company issued a certificate of × The basic content of the extension certificate of the project is that the defendant's equipment failed to arrive at the site in time and agreed to extend the construction period to × year × Month.
After company B withdrew from the site, it did not × The completion data of the project shall be delivered to a company.
During the trial of this case, company B applied for judicial appraisal of the total cost of the three projects, and the court of first instance randomly selected it through the judicial technology appraisal center × As a cost appraisal institution, Engineering Cost Consulting Co., Ltd. has entrusted the institution to conduct two cost appraisals on the costs outside the contract and within the contract. The organization was established on × year × month × After the final review, the cost of the three projects in the contract was determined as follows:, × Bid section × Yuan, × Bid section × Yuan, × project × Yuan, total × Yuan, the disputed part is × Yuan. At the same time, the organization × year × month × After reconsideration, the cost of the three projects outside the contract was confirmed in another cost appraisal as follows:, × Bid section × Yuan, × Bid section × Yuan, × project × Yuan, total × Yuan.
After the judgment of the court of first instance, a company filed an appeal request: 1. Request to cancel the first item of the judgment of first instance, and change the judgment according to law that the appellant should pay the principal of the project payment to the appellee × RMB (appeal part: decrease of project fund principal) × Yuan); 2. Request to cancel item 2 of the judgment of first instance; 3. The appellee is requested to bear all the litigation costs of the first and second instance.
[judgment result]
1、 Change of Shenyang intermediate people's court[ ×] Shen Zhongmin Liu Chu Zi No × The first item of civil judgment No. 1 is: within 15 days after this judgment takes effect, a company limited shall pay the principal of the project fund of a company limited in RMB × Yuan;
2、 Change of Shenyang intermediate people's court[ ×] Shen Zhongmin Liu Chu Zi No × Item 2 of civil judgment No. is: within 15 days after this judgment comes into effect, XX a Co., Ltd. shall pay the interest (in RMB) on the project funds of XX B Co., Ltd × Yuan as the base, calculated according to the benchmark interest rate of similar loans of the people's Bank of China in the same period, from × year × month × From the date of payment to the date of actual payment).
[reasons for adjudication]
The three construction contracts signed by the two parties are the true intention of the parties, do not violate the mandatory provisions of laws and regulations, and it is correct to determine the validity in the first instance. In the current three contracts: × Lot and × The bid section has been basically completed, × Although the contract has not been fully performed, the responsibility does not lie with company B. therefore, company a, as the employer, shall pay company B the full amount of project funds as agreed in the contract.
1. An appeal was filed against a company × Part of the total project price × Yuan, the original judgment recorded less paid × In the contract × The yuan issue, which is confirmed in the first instance judgment, is that company B recognizes the claim of company A × Partial payment shall be adjusted to: × Yuan.
2. List of appraisal institutions × The cost of the disputed item shall be: × Yuan instead of the judgment (para × Page recorded × The yuan problem is that company B agrees with the claim of company a, which is caused by a clerical error × The cost of the disputed item shall be adjusted as follows: × Yuan.
3. About × As for the cost of part of the project, a company claims that according to the design drawings, the actual quantities should be ×， Not ×， differ ×， The corresponding cost is: × Yuan, which should be deducted. The court held that the conclusion made by the appraisal institution was based on the design drawings, construction specifications and the certificate sheet, not the conclusion made solely on the design drawings. The conclusion was more reliable, so it could not support the claim of a company.
4. About × The problem is that company a's claim is not × But ×， However, he did not provide sufficient evidence to prove his claim. The court held that, × There is no separate acceptance record for the project, and a company and the supervision unit are × No objection was raised at the beginning and end of the trial. Therefore, the opinions of company XX and company B were approved in the first instance, and it was determined that it had been implemented ×， There is nothing wrong with that. The appeal claim of company a cannot be supported.
5. On the claim of a company, the first instance is right × And × Price difference × Yuanhe × For the problem of double calculation of RMB yuan, which should be deducted from the judgment price, company B agrees with the claim of company a, so the two payments should be deducted.
6. About × Problem: a company claims that the design drawing is 1 piece per hole, and the appraisal unit also calculates according to the design drawing. In the first instance, the calculation is wrong according to 2 pieces per hole, and the corresponding project cost × Yuan shall be deducted from the price of the first instance judgment. Company B agrees with the claim of company a, so it shall be deducted from the project price × Yuan.
7. About × Question: during the second trial, the court consulted the appraisal institution. The appraisal institution explained that if one bundle is stretched, the anticorrosion cost is × Yuan; If it is pulled one by one, × There are more, × The cost should be: × Yuan plus × Yuan. × Yuanhe × Meta is not a selection relationship. XX company B provided the test report, which proved that it was pulled one by one. Therefore × The cost shall be: × Yuan plus × Yuan. Although company a denies that it is pulling one by one, it thinks it is ×， However, no evidence was provided for its claim, so the claim of company B was accepted in the first instance and it was determined that × Cost: × Yuan plus × There is nothing wrong with that. Because company B admits that × The proportion of not doing is: ×%， Therefore, in the first instance, company B shall be deducted × The amount and calculation method of some unpaid project funds are correct. The court cannot support the appeal reason of company A.
8. About × Bid section × The problem is that company a thinks company B is not right × In case of failure to use due to commissioning, the price shall be deducted, and the price can be paid after the commissioning is qualified. And company B thinks that it has already done × Commissioning, however, because the electrical equipment and other equipment are outsourced and not in place, it is impossible to carry out load operation, and the contract does not stipulate that other commissioning must be carried out. If there is a problem with the equipment, it belongs to the follow-up maintenance content, and both parties can negotiate to solve it. The court held that, × The bid section has been completed and accepted. At that time, a company did not raise the quality problem of the equipment, so it cannot support this claim.
9. About × As for the interest payment of the project's outstanding project funds, a company believes that it has paid the corresponding project price as agreed in the contract, there is no default of project funds, and the contract is in the process of performance. Therefore, this part of the outstanding project funds should not pay interest. The court held that, × The project company has withdrawn from the site, the project has not been accepted and delivered, and the project price has not been settled. According to the provisions of Article 18 of the interpretation of the Supreme People's Court on the applicable legal issues in the trial of construction contract disputes of construction projects, "The interest shall be calculated and paid from the date when the project price is payable. If the parties have not agreed or have not agreed on the time of payment, the following time shall be regarded as the time of payment:... (3) if the construction project has not been delivered and the project price has not been settled, the date when the parties file a lawsuit." Therefore, it is not improper to calculate the interest from company B in the first instance. This claim of company a cannot be supported.
10. About × The quality assurance deposit of the project is due to the delay of the construction period, so the quality assurance deposit shall be paid to the company and the interest shall be paid.
11. As for the bearing of appraisal fees and litigation fees, the proportion of each party in the judgment of the first instance is not improper, and the claim of a company can not be supported.
12. On the issue of whether XX company shall hand over the project files, completion data and issue the project payment invoice. In the first instance, a company did not make a counterclaim against the above issues, nor did it take the above issues as a defense, so the court could not hear the above issues in the second instance. A company may file a separate lawsuit against the above issues.
[relevant provisions]
Article 60 in the contract law of the people's Republic of China, the parties shall fully perform their obligations as agreed.
The parties shall abide by the principle of good faith and perform the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
Article 107 in the contract law of the people's Republic of China, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 90 in the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China, the parties shall provide evidence to prove the facts on which their claims are based or the facts on which they refute the claims of the other party, unless otherwise provided by law. If a party fails to provide evidence or the evidence is insufficient to prove his claim before the judgment is made, the party who bears the burden of proof shall bear the adverse consequences.
Article 18 of the interpretation of the Supreme People's Court on the application of laws to the trial of disputes over construction contract of construction projects: the interest shall be calculated and paid from the date of the project price payable. If the parties have not agreed on the time of payment or the agreement is unclear, the following time shall be deemed as the time of payment: (1) if the construction project has been actually delivered, it shall be the date of delivery; （2） If the construction project is not delivered, it shall be the date of submitting the completion settlement documents; （3） If the construction project has not been delivered and the project price has not been settled, it shall be the date when the parties bring a lawsuit.
[lawyer's opinion]
1. The parties to a contract shall abide by the principle of honesty and trustworthiness in the course of civil activities. The parties shall perform their contractual obligations in strict accordance with the provisions of the contract.
2. A party shall have the right of appeal according to law. If he has any objection to the legal document made by the court of first instance, he shall lodge an appeal within the prescribed time limit. Article 49 of the Civil Procedure Law of the people's Republic of China: "a party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal, and apply for enforcement." Article 164: "if a party refuses to accept a judgment of first instance made by a local people's court, he has the right to file an appeal with the people's court at the next higher level within 15 days from the date of service of the written judgment. If a party refuses to accept a ruling of first instance made by a local people's court, he has the right to file an appeal with the people's court at the next higher level within 10 days from the date of service of the written judgment."
3. If a party has any objection to the contents of the effective legal document made by the people's Court of first instance, it may correct it at the stage of second instance. In this case, the court of first instance did make a mistake in the determination and calculation of the project price. After the parties made the above request according to law, the legal document was corrected in the process of the second instance proceedings.
LV Yong, senior partner of Liaoning Tongfang law firm. Since practicing, he has served as the legal adviser of many enterprises and institutions and universities. Acting for a large number of litigation and non litigation legal affairs involving banks, real estate, companies, investment, insurance, contracts, etc.
[referee points]
If the amount determined by the court of first instance is wrong, it shall correct the wrong judgment.
[basic case]
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Engineering（ ×）， The project was accepted by the plaintiff after the bidding process. Bidding Document No × Article × It is stated that the total price of the project is fixed; Section × Article × It is stipulated that "all factors of price rise of building materials shall be fully considered in the tender offer. Once the bidder wins the bid, it will not compensate for the price difference of materials". Commencement date agreed in the contract: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project quality standard: qualified, project price × Yuan. The project payment (progress payment) is paid to the contract price one year after the completion acceptance is qualified × %, balance × % payment after expiration of warranty period. The project was completed and × year × month × Both parties confirm that Party A will pay the project price × Yuan.
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Engineering（ ×）， Project location: ×， Commencement date: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project price × Yuan. Payment of project payment (progress payment): it is allocated according to the progress of actual quantities and paid to the contract price after the completion acceptance is qualified × %, the contract price is paid after one year × %, balance × % payment after expiration of warranty period. The project was completed on × year × month × After the completion acceptance, both parties confirm that Party A will pay the project price × Yuan.
× year × month × On, a company as the construction unit and a company as the construction unit signed the construction project construction contract with the project name: × Project, project location: ×， Commencement date: × year × month × Date of completion: × year × month × Day, total calendar days of contract construction period × Days, project price × Yuan. Payment of project payment (progress payment): the method and time of payment of project payment (progress payment) agreed by both parties shall be allocated according to the progress of the project, and each month × (based on the actual completed quantities) × The progress payment shall be paid. The project shall be allocated according to the progress of the actual quantities of the project and paid to the contract price after the completion acceptance is qualified × %, the contract price is paid after one year × %, balance × % payment after expiration of warranty period. For the contract project, the defendant has paid × Yuan.
Three copies of special conditions of contract × The Clauses all specify that the contract is a fixed unit price contract. After the three contracts are signed, × Due to the failure to implement the land requisition of company a, the mobilization of company B is delayed. The actual commencement time is × year × Month, × year × Signed by both parties in × The bid section "construction project completion acceptance form" determines × All work contents of the bid section are completed, and the column "operation time" is filled in × year × Month. × year × month × The two sides also signed × The bid section "construction project completion acceptance form" determines × All work contents of the bid section are completed, and the time is not filled in the column of operation time. × year × month × The two parties held an emergency meeting on construction progress and formed minutes of the meeting, which recorded that due to land acquisition × The commencement of the bid section is delayed, so both parties agree to adjust the difference between labor cost and material cost as agreed in the original contract × The bid section shall be adjusted, and × The difference adjustment of the bid section is cancelled, and both parties agree to sign a formal supplementary agreement. However, the two sides have never signed a supplementary agreement. × The construction of the project has not been completed. Company B claims to be × year × In January, a company said it was not clear about this. × In, a company issued a certificate of × The basic content of the extension certificate of the project is that the defendant's equipment failed to arrive at the site in time and agreed to extend the construction period to × year × Month.
After company B withdrew from the site, it did not × The completion data of the project shall be delivered to a company.
During the trial of this case, company B applied for judicial appraisal of the total cost of the three projects, and the court of first instance randomly selected it through the judicial technology appraisal center × As a cost appraisal institution, Engineering Cost Consulting Co., Ltd. has entrusted the institution to conduct two cost appraisals on the costs outside the contract and within the contract. The organization was established on × year × month × After the final review, the cost of the three projects in the contract was determined as follows:, × Bid section × Yuan, × Bid section × Yuan, × project × Yuan, total × Yuan, the disputed part is × Yuan. At the same time, the organization × year × month × After reconsideration, the cost of the three projects outside the contract was confirmed in another cost appraisal as follows:, × Bid section × Yuan, × Bid section × Yuan, × project × Yuan, total × Yuan.
After the judgment of the court of first instance, a company filed an appeal request: 1. Request to cancel the first item of the judgment of first instance, and change the judgment according to law that the appellant should pay the principal of the project payment to the appellee × RMB (appeal part: decrease of project fund principal) × Yuan); 2. Request to cancel item 2 of the judgment of first instance; 3. The appellee is requested to bear all the litigation costs of the first and second instance.
[judgment result]
1、 Change of Shenyang intermediate people's court[ ×] Shen Zhongmin Liu Chu Zi No × The first item of civil judgment No. 1 is: within 15 days after this judgment takes effect, a company limited shall pay the principal of the project fund of a company limited in RMB × Yuan;
2、 Change of Shenyang intermediate people's court[ ×] Shen Zhongmin Liu Chu Zi No × Item 2 of civil judgment No. is: within 15 days after this judgment comes into effect, XX a Co., Ltd. shall pay the interest (in RMB) on the project funds of XX B Co., Ltd × Yuan as the base, calculated according to the benchmark interest rate of similar loans of the people's Bank of China in the same period, from × year × month × From the date of payment to the date of actual payment).
[reasons for adjudication]
The three construction contracts signed by the two parties are the true intention of the parties, do not violate the mandatory provisions of laws and regulations, and it is correct to determine the validity in the first instance. In the current three contracts: × Lot and × The bid section has been basically completed, × Although the contract has not been fully performed, the responsibility does not lie with company B. therefore, company a, as the employer, shall pay company B the full amount of project funds as agreed in the contract.
1. An appeal was filed against a company × Part of the total project price × Yuan, the original judgment recorded less paid × In the contract × The yuan issue, which is confirmed in the first instance judgment, is that company B recognizes the claim of company A × Partial payment shall be adjusted to: × Yuan.
2. List of appraisal institutions × The cost of the disputed item shall be: × Yuan instead of the judgment (para × Page recorded × The yuan problem is that company B agrees with the claim of company a, which is caused by a clerical error × The cost of the disputed item shall be adjusted as follows: × Yuan.
3. About × As for the cost of part of the project, a company claims that according to the design drawings, the actual quantities should be ×， Not ×， differ ×， The corresponding cost is: × Yuan, which should be deducted. The court held that the conclusion made by the appraisal institution was based on the design drawings, construction specifications and the certificate sheet, not the conclusion made solely on the design drawings. The conclusion was more reliable, so it could not support the claim of a company.
4. About × The problem is that company a's claim is not × But ×， However, he did not provide sufficient evidence to prove his claim. The court held that, × There is no separate acceptance record for the project, and a company and the supervision unit are × No objection was raised at the beginning and end of the trial. Therefore, the opinions of company XX and company B were approved in the first instance, and it was determined that it had been implemented ×， There is nothing wrong with that. The appeal claim of company a cannot be supported.
5. On the claim of a company, the first instance is right × And × Price difference × Yuanhe × For the problem of double calculation of RMB yuan, which should be deducted from the judgment price, company B agrees with the claim of company a, so the two payments should be deducted.
6. About × Problem: a company claims that the design drawing is 1 piece per hole, and the appraisal unit also calculates according to the design drawing. In the first instance, the calculation is wrong according to 2 pieces per hole, and the corresponding project cost × Yuan shall be deducted from the price of the first instance judgment. Company B agrees with the claim of company a, so it shall be deducted from the project price × Yuan.
7. About × Question: during the second trial, the court consulted the appraisal institution. The appraisal institution explained that if one bundle is stretched, the anticorrosion cost is × Yuan; If it is pulled one by one, × There are more, × The cost should be: × Yuan plus × Yuan. × Yuanhe × Meta is not a selection relationship. XX company B provided the test report, which proved that it was pulled one by one. Therefore × The cost shall be: × Yuan plus × Yuan. Although company a denies that it is pulling one by one, it thinks it is ×， However, no evidence was provided for its claim, so the claim of company B was accepted in the first instance and it was determined that × Cost: × Yuan plus × There is nothing wrong with that. Because company B admits that × The proportion of not doing is: ×%， Therefore, in the first instance, company B shall be deducted × The amount and calculation method of some unpaid project funds are correct. The court cannot support the appeal reason of company A.
8. About × Bid section × The problem is that company a thinks company B is not right × In case of failure to use due to commissioning, the price shall be deducted, and the price can be paid after the commissioning is qualified. And company B thinks that it has already done × Commissioning, however, because the electrical equipment and other equipment are outsourced and not in place, it is impossible to carry out load operation, and the contract does not stipulate that other commissioning must be carried out. If there is a problem with the equipment, it belongs to the follow-up maintenance content, and both parties can negotiate to solve it. The court held that, × The bid section has been completed and accepted. At that time, a company did not raise the quality problem of the equipment, so it cannot support this claim.
9. About × As for the interest payment of the project's outstanding project funds, a company believes that it has paid the corresponding project price as agreed in the contract, there is no default of project funds, and the contract is in the process of performance. Therefore, this part of the outstanding project funds should not pay interest. The court held that, × The project company has withdrawn from the site, the project has not been accepted and delivered, and the project price has not been settled. According to the provisions of Article 18 of the interpretation of the Supreme People's Court on the applicable legal issues in the trial of construction contract disputes of construction projects, "The interest shall be calculated and paid from the date when the project price is payable. If the parties have not agreed or have not agreed on the time of payment, the following time shall be regarded as the time of payment:... (3) if the construction project has not been delivered and the project price has not been settled, the date when the parties file a lawsuit." Therefore, it is not improper to calculate the interest from company B in the first instance. This claim of company a cannot be supported.
10. About × The quality assurance deposit of the project is due to the delay of the construction period, so the quality assurance deposit shall be paid to the company and the interest shall be paid.
11. As for the bearing of appraisal fees and litigation fees, the proportion of each party in the judgment of the first instance is not improper, and the claim of a company can not be supported.
12. On the issue of whether XX company shall hand over the project files, completion data and issue the project payment invoice. In the first instance, a company did not make a counterclaim against the above issues, nor did it take the above issues as a defense, so the court could not hear the above issues in the second instance. A company may file a separate lawsuit against the above issues.
[relevant provisions]
Article 60 in the contract law of the people's Republic of China, the parties shall fully perform their obligations as agreed.
The parties shall abide by the principle of good faith and perform the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
Article 107 in the contract law of the people's Republic of China, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 90 in the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China, the parties shall provide evidence to prove the facts on which their claims are based or the facts on which they refute the claims of the other party, unless otherwise provided by law. If a party fails to provide evidence or the evidence is insufficient to prove his claim before the judgment is made, the party who bears the burden of proof shall bear the adverse consequences.
Article 18 of the interpretation of the Supreme People's Court on the application of laws to the trial of disputes over construction contract of construction projects: the interest shall be calculated and paid from the date of the project price payable. If the parties have not agreed on the time of payment or the agreement is unclear, the following time shall be deemed as the time of payment: (1) if the construction project has been actually delivered, it shall be the date of delivery; （2） If the construction project is not delivered, it shall be the date of submitting the completion settlement documents; （3） If the construction project has not been delivered and the project price has not been settled, it shall be the date when the parties bring a lawsuit.
[lawyer's opinion]
1. The parties to a contract shall abide by the principle of honesty and trustworthiness in the course of civil activities. The parties shall perform their contractual obligations in strict accordance with the provisions of the contract.
2. A party shall have the right of appeal according to law. If he has any objection to the legal document made by the court of first instance, he shall lodge an appeal within the prescribed time limit. Article 49 of the Civil Procedure Law of the people's Republic of China: "a party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal, and apply for enforcement." Article 164: "if a party refuses to accept a judgment of first instance made by a local people's court, he has the right to file an appeal with the people's court at the next higher level within 15 days from the date of service of the written judgment. If a party refuses to accept a ruling of first instance made by a local people's court, he has the right to file an appeal with the people's court at the next higher level within 10 days from the date of service of the written judgment."
3. If a party has any objection to the contents of the effective legal document made by the people's Court of first instance, it may correct it at the stage of second instance. In this case, the court of first instance did make a mistake in the determination and calculation of the project price. After the parties made the above request according to law, the legal document was corrected in the process of the second instance proceedings.
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