最高人民法院关于审理建设工程施工合同纠纷案件适用法律问题的解释 Issues Concerning The Application of Law in Trial of Dispute Cases I

hereof.

　　Article 17　Where the parties have agreed on the rate for calculation and payment of interest on outstanding project prices， the matter shall be handled according to the agreement. If there is no such agreement， interest shall be calculated based on the interest rate for the same type of loan of the same duration announced by the People‘s Bank of China.

　　Article 18　Interest shall be calculated from the date on which project prices are due. If the parties have not agreed on the payment date or the agreement is unclear， the following dates shall be deemed as the date on which payment is due：

　　1. if the construction project has actually been delivered， the date of delivery；

　　2. if the construction project has not been delivered， the date of submission of settlement documents upon completion of construction； or

　　3. if the construction project has not been delivered and the project prices have not been settled， the date on which the party institutes an action.

　　Article 19　Where there is a dispute between the parties over the quantity of construction work， the quantity shall be confirmed according to the written documents such as certificates generated in the course of construction. If the contractor is able to prove that the employer has consented to the construction work but is unable to provide certificates or documents in support of the quantity of construction work， the actual quantity of construction work may be confirmed by other evidence provided by the party.

　　Article 20　Where the parties have agreed that failure to reply within the stipulated time period by the employer after receipt of construction completion and settlement documents shall be deemed as acknowledgment of the documents， the matter shall be handled according to the agreement. If the contractor requests for settlement of project prices according to the construction completion and settlement documents， such request shall be upheld.

　　Article 21　Where the parties have separately concluded a construction project contract for the same construction project that is inconsistent with the substa

ntive contents of the winning bid contract that is filed for record， the winning bid contract filed for record shall be the basis for the settlement of project prices.

　　Article 22　Where the parties have agreed that project prices shall be settled according to a fixed price and one of the parties requests for assessment of the pricing of the construction project， such request shall not be upheld.

　　Article 23　Where there is a dispute between the parties over certain facts of the case， assessment shall be conducted on the disputed facts only， except where the scope of the facts in dispute cannot be determined or where both parties request for assessment of all the facts.

　　Article 24　In case of a construction project contract dispute， the place where construction takes place shall be the place of performance of contract.

　　Article 25　Where a dispute arises over the quality of a construction project， the employer may institute an action against the general contractor， subcontractors， and the actual builders as co-defendants.

　　Article 26　Where the actual builder institutes an action against the assignee or illegal subcontractor as defendant， the people‘s court shall accept the case in accordance with the law.

　　Where the actual builder asserts its rights against the employer as the defendant， the people‘s court may add the assignee or illegal subcontractor as the parties in the case. The employer shall be liable to the actual builder within the scope of outstanding project prices.

　　Article 27　Where a warrantor fails to perform its warranty obligations in a timely manner， thereby causing damages to the building， or personal or property loss， the warrantor shall bear the liability for compensation.

　　Where both the warrantor and the owner of the building or the employer are at fault for the damages to the building， each party shall bear its corresponding liability.

　　Article 28　This Interpretation shall be implemented as of 1 January 2005.

　　This Interpretation shall apply to cases at first instance accepted after the implementation hereof.

　　In the event of a conflict between judicial interpretations issued by the Supreme People‘s Court before the implementation hereof and this Interpretation， this Interpretation shall prevail

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