Case Summary] On March 7, 2021, the original defendant and the defendant signed a "Decoration and Decoration Project Contract", stipulating: the name of the project is Panda Star Kitchen West Lake Avenue Store, the address is Room 403, 4th Floor, No. 2, West Lake Avenue, Shangcheng District, Hangzhou, with an area of 792 square meters and a total construction period of 55 days, from March 8, 2021 to May 1, 2021, the total project price is 1,069,200 yuan, and 40 will be paid within three working days after the effective date of this contract That is, 427,680 yuan, concealed engineering acceptance within seven working days to pay 30 that is, 320,760 yuan, three months after the completion of the construction acceptance to pay 25 that is, 267,300 yuan, the warranty period of the project without any quality problems, the warranty period within three working days after the expiration of the warranty period to pay 5 that is, 53,460 yuan, decoration engineering warranty period for two years, water quality warranty period for five years and so on. Subsequently, the defendant paid 220,000 yuan on March 16, 2021, 207,680 yuan on April 13, 2021, 200,000 yuan on May 25, 2021, 120,760 yuan on July 2, 2021, 100,000 yuan on October 15, 2021, 50,000 yuan on March 21, 2022, and 68,728 yuan on July 22, 20226 yuan, and the defendant deducted 48,571 yuan with the material payment4 yuan, 53,460 yuan is still owed.
The court ruled that the defendant Shanghai Fengli Catering Management *** paid the plaintiff Hangzhou Runting Decoration Project *** 53,460 yuan, and paid in accordance with LPR3 from the date of filing the lawsuit to the date of payment45 Interest on late payments shall be paid within 10 days after the entry into force of this judgment.
Lawyer's analysis] The agreement in the contract in this case violates the provisions of the "Measures for the Administration of Quality Deposit for Construction Projects" on "the liability period for defects is generally 1 year, and the longest is not more than 2 years", that is, the longest period for returning the warranty money should be 2 years, so it is in accordance with the Interpretation (1) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts Article 17 stipulates that the defendant shall return the warranty money to the plaintiff two years after the expiration of the warranty period, and the project price (warranty money) of 53,460 yuan has expired, so this court supports the plaintiff's claim. Although there is no provision in the contract on liability for breach of contract, the contract has a clear time for payment, so this court only supports the payment in accordance with LPR 3. from the date of the plaintiff's lawsuit to the date of payment45 Calculated interest on late payments.