The project pre-settlement statement is an agreement between the employer and the contractor to settle the project payment on a regular basis or according to the progress of the project in accordance with the contract.
Case Introduction] Company A usually mainly contracts some engineering projects, and Company B usually mainly contracts some engineering labor projects.
In March 2017, Company A and Company B signed the Labor Subcontract for Project A. The contract stipulates that Company B will contract the labor part of Project A undertaken by Company A, and after the contract is signed, Fu will lead the workers to work on the construction site as the shift leader of Company B. In November 2017, Company A and Company B signed the "Pre-settlement Letter of Project A Overview", agreeing that 95% of the settlement payment and 1.9 million yuan should be paid, and the two parties confirmed that as of October 2017, Company A had settled the labor fee of 1.85 million yuan, and Company A lent 100,000 yuan to Company B.
Company A had a dispute with Company B and Fu due to the settlement of the project, and sued the court, and Company A requested the court to decide: according to the contract, if the unauthorized exit affects the construction period, we have the right to calculate 50% of the completed amount. According to the amount determined in the pre-settlement statement, Company B and Fu should return the overpaid project money to me if they leave the site in advance. Company B and Fu jointly and severally returned the overpaid labor fee of 900,000 yuan.
Yixian lawyer analysis].
Company A and Company B have reached an agreement on the settlement of the price of Project A, indicating that the two parties have voluntarily reached a contract on the settlement, which is the true expression of the intention of both parties and should be protected, and the two parties cannot renege on it, and the content written in the pre-settlement statement is binding on both parties. Now that the warranty period of the project has expired, Company A should pay the labor fee of Company B according to the pre-settlement of both parties.
The court found that Company A, Company B and Fu had signed a pre-settlement statement, and the content was in accordance with the law. If there is no evidence to the contrary to prove that the Pre-Settlement of Project A is contrary to the true intentions of both parties, the court shall recognize the content of the Pre-Settlement of Project A Overview, which shall be binding on both parties. Company A's claim that Company B left the site without permission in the middle of the project was not supported by evidence, and this claim was contrary to the content of the pre-settlement statement signed by the two parties, and the court did not accept it. According to the content written in the pre-settlement statement, the total amount of payment payable is 2 million yuan, and now the warranty period has expired, and Company A should pay the full amount. Even if Company A's loan is added, the total amount paid by Company A does not reach the full settlement amount. Therefore, Company A has no right to demand the refund of the overpaid labor fees.
The court ruled that Company A's claim was dismissed.