Chapter 1226 Because the contract is invalid
Unexpectedly, the other party was quite serious, and Zhang Yan was speechless for a while.
Chu Tianqi didn't speak, and the atmosphere in the room was very deadlocked.
After a full five minutes, Zhang Yan spoke: "Mayor Chu, no matter how the matter of those two plots is handled, Feitian and Sihai Commerce and Trade can't just keep running aground, there must be a solution, right?"
Chu Tianqi nodded: "Okay, then let's put down the Ermao Factory and the radio plot for the time being, and then talk about the two projects." The two projects are all done by Pengyan Company, with a total project volume of 250,000 square meters, which is a super project in Chengkang City, which shows the importance and trust of the municipal government to Pengyan Company. However, only a total of less than 20,000 square meters were built, and the project was stopped, and Pengyan Company also lived up to the trust of the municipal government, which also had a great impact on the company's own reputation. ”
"Mayor Chu, you also know the reason for the shutdown, it is Party A's breach of contract first, and the project payment was not settled on time and in full. Zhang Yan responded.
Chu Tianqi said: "Mr. Zhang, this reason has been mentioned many times by you, but it is really untenable. After the first three acceptances, Party A paid all the acceptance quantities within the agreed time, and only the last one paid 80%. But that's it, after four times on average, Party A has actually paid 95% according to the acceptance of the project. Your company has also done a lot of projects, which project can pay such a large proportion of the project in the sub-project acceptance stage?"
"Mayor Chu, each project has its own characteristics, and also has its own construction contract, as a regular construction company, we are strictly in accordance with the contract. In the process of cooperation between the two parties, you did not fulfill the payment obligation in the manner agreed in the contract, and after receiving two clear statements from us, you still did not fulfill the obligation, and we were forced to stop work, our practice is fully in line with the terms of the contract and in line with the usual practice. Therefore, the responsibility for the suspension of the project lies entirely with Party A, and we are not only not responsible, but also the victim, and we have to claim the rights and compensation due to Party A. Zhang Yan said justifiably.
"After the contract came into effect, Party A paid Party B a start-up fee of 5 million yuan for each project in advance, but the project had been started for several months, but Party B did not return the start-up money. Chu Tianqi said, "With this money there, Party B can completely deduct the hundreds of thousands of yuan owed from it, and only need the two parties to go through the formalities." ”
"There is no such agreement in the contract, and Party A has not put forward such a will, so your statement is only an afterthought and cannot be established at all. In addition, the start-up money has been converted into a deposit, and the project is far from over, so naturally this part of the cost cannot be refunded. From the current point of view, this deposit is very necessary, and Party A's integrity index is too low. Zhang Yan's words were not without sarcasm.
Chu Tianqi sneered: "Integrity? Pengyan Company stresses integrity? As far as I know, in the Feitian Building and the Sihai Commercial and Trade Project, there are many units that cooperate with Pengyan to supply building materials or provide labor for the project. Among them, 12 material suppliers have supplied more than 30 million materials, but now they have only received less than 10 million materials. In addition, three contractor teams cleared the labor, with a total cost of more than 9 million, and the amount that could be received was only about 3 million. After a pause, he added, "Aside from the start-up fund, the project money that Party B has not received back is only about 2 million, what kind of concept is this compared with 2 million and 30 million? I don't know what Party B uses to pay these material suppliers and contractors, and I don't know where Party B's integrity is." ”
Zhang Yan smiled slightly: "Construction engineering is a systematic project, and as a construction company, we have to deal with the relationship between all parties, and the way to deal with it is also different. In order to be responsible for the project and Party A, Party B will use various ways to ensure the smooth development of the project. For example, in the cooperation with material suppliers and contractor teams, it is often necessary to restrain them by pressing goods and payments, and these material suppliers and contractor teams also recognize this method. With the progress of the project, the proportion of pressing goods and pressing payments will gradually decrease, so the cooperation between Party B and them should be comprehensive, rather than separated and narrowly viewed. What's more, this is the cooperation between our party and a third party, which basically has nothing to do with Party A, and Party A only needs to exercise its rights and perform its obligations according to the contract.
Mayor Chu has not been engaged in related industries before, and he has no similar experience in charge, so it is understandable that he does not understand the rules of the industry. But in the future, it is better to understand some things, if you are always a layman leading an insider, it will make a big joke, and it will also affect your prestige. ”
The other party had obviously made corresponding preparations in advance, and he could explain this problem so naturally, which made Chu Tianqi add another layer of caution to this woman. In the face of the other party's ridicule, he "snorted": "Mr. Zhang, don't always pretend to be an expert, sometimes the word 'insider' is just an excuse for some companies to shirk responsibility." In this case, you said that the third party has nothing to do with the government, but these companies have found the government and petitioned the government, while Pengyan Company, as the directly responsible party, has hid and not shown up. Do you think that in this case, can the government ignore it, and can you say that it has nothing to do with the government?"
"Of course, the government has an obligation to intervene. However, the reason why Party B cannot continue to cooperate with the third party normally is mainly due to Party A's breach of contract first, so the government should first investigate Party A's responsibility and urge Party A to perform the contract. Speaking of this, Zhang Yan's tone became surprised, "Oh, I really forgot, the government is Party A, this is both a referee and an athlete, hehe......"
The word "hehe" on the other side can be understood in a variety of ways, it can be sarcasm, it can also be amazed, it can also be doubtful, anyway, it is all a denial of Party A.
Without waiting for Chu Tianqi to answer, Zhang Yan added: "For economic cooperation, the terms of the contract must be strictly implemented, whether it is the enterprise or the government, otherwise it will be too informal." What's the difference with the big gang?"
What the other party said was mentioned in the previous letters, but now it is even more harsh when the other party's senior management says it. Chu Tianqi smiled: "Yes, no wonder Mr. Zhang keeps mentioning the terms of the contract, those terms are too beneficial to you, I might as well give a list or two." Originally, it was constructed in Chengkang City, but the fee collection standard referred to by both parties was not Chengkang City, nor Dingye City, and of course it was not Hexi Province, but the * city fixed fee standard was selected. The reason for saying 'closer to * city' is also ridiculous, and it is clearly to increase the calculation of project costs.
Originally, Party B should have paid a deposit to Party A, but in this contract, Party A gave Party B a start-up fund, and the origin of the start-up fund is really strange. Could it be that Party B does not have the strength at all, is it that Party B can't take out the project money that should be paid? Then Party B's strength is too 'hehe'. As for 'pay in full upon itemized acceptance', it is even more ridiculous and ridiculous. ”
Zhang Yan answered: "Mayor Chu, but this is written in black and white, and both parties have signed and approved it, which is protected by law." Her meaning is obvious: this is called "establishing words as evidence", you Chu Tianqi is in a hurry, and you are angry with you.
Chu Tianqi was not disturbed by the other party, but continued to say along the lines of thought: "The original contract did not set a completion date, which is clearly biased in favor of Party B, is this fair?
The agreement on liability for breach of contract is even more absurd. Although the proportion of liquidated damages is 1/1000 per day, if Party A breaches the contract, the calculation base is the total contract amount, while if Party B breaches the contract, the calculation base is only the amount of work involved. According to this provision, the actual liability borne by a unilateral breach of contract varies too much, even tens or hundreds of times. Is that fair?"
Facing Chu Tianqi's continuous questioning, Zhang Yan was very calm: "Mayor Chu, there should indeed be a completion date set in the contract, if there is no one in the contract, it is a clerical error, as long as it is supplemented with the agreement." When the contract was signed, Party B was worried that once Party A breached the contract, Party A would be both an athlete and a referee, which would inevitably affect the local court. Therefore, it was agreed in the provincial court, which was approved by both parties and is a manifestation of the common will. Of course, if you really want to make appropriate changes, you can also change it to, Party A can choose to sue in the court where Party A is located, and Party B can sue in the court where Party B is located.
As for the liability for breach of contract, then I have to take a good look at the original contract to confirm whether Mayor Chu misinterpreted the terms of the contract. Assuming that it is true that the calculation base is really different, it should also be a clerical error, but this is a mistake on both sides, because everyone didn't see it. In fact, what you just said is nothing more than two situations, one is a misunderstanding, and the other is a pure mistake. ”
Chu Tianqi asked rhetorically: "Mistakes? According to Mr. Zhang's meaning, all mistakes can be linked to mistakes, and any mistakes can be corrected lightly?
"Do you need to go to court? We talked for a long time, is it just to go to court?" Zhang Yan also asked rhetorically.
"When you first came, I didn't mean to go to court, but looking at your current attitude, it seems that not going to court is not enough for your company to have the right attitude. Chu Tianqi's voice was cold.
"Hey, it seems that my sincerity has been in vain today. Zhang Yan seemed extremely reluctant, "Okay, you can go through the court, then what I just said about the possible amendment of the clause doesn't count, I'd better go back and prepare to defend it." I would like to see how the courts will find the reasonableness of these clauses. As the host, Mayor Chu is welcome to Yanyun City. With that, Zhang Yan stood up and walked out.
Chu Tianqi waved his hand: "Mr. Zhang, you are wrong, the court is not in Yanyun City at all, how can you be the host?"
Zhang Yan stopped and looked at the other party: "Not in Yanyun City? ”
Chu Tianqi said: "There are agreements in those contracts, but because the contracts themselves are invalid, we naturally won't choose that court." ”
"The contract is invalid?" Zhang Yan was very surprised.