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事关农民工工资支付保障!最高法公开征求意见
Zhong Guo Jing Ji Wang· 2025-11-25 13:34
记者11月25日从最高人民法院获悉,《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(二)(征求意见稿)》日前公布。这份司法解释征求意见稿,对未招标项目合同效力、资质借 用、违法转包以及农民工工资支付保障等问题作出回应。 关于建筑领域资质借用、违法转包等问题,征求意见稿提出,建筑施工企业转让、出借资质或者以其他 方式允许他人以本企业名义承揽工程,人民法院应当认定涉及转让、出借资质等关系的合同无效。建筑 施工企业主张约定的转让、出借资质等费用的,人民法院不予支持。 征求意见稿对农民工工资支付保障作出新规。其中明确,工程建设项目涉及借用资质、转包或者违法分 包,参与工程建设的农民工依照《保障农民工工资支付条例》规定请求建设单位、施工总承包单位、分 包单位等支付拖欠工资的,人民法院依法予以支持。承包人就发包人原因造成的停工、窝工等损失主张 享有建设工程价款优先受偿权的,人民法院不予支持,但停工、窝工损失中的农民工工资部分除外。 本次征求意见截止日期为2025年11月29日。(经济日报记者 李万祥) 征求意见稿明确未招标项目合同效力,提出建设工程施工合同订立时属于必须招标的工程项目,当事人 未进行招 ...
启迪环境科技发展股份有限公司关于收到《民事判决书》暨诉讼进展情况的公告
Core Viewpoint - The company, Tsinghua Tongfang Co., Ltd., has received a civil judgment regarding a construction contract dispute, which may have significant financial implications for the company and its stakeholders [1][2][3]. Summary by Sections Civil Judgment Details - The civil judgment was issued by the Intermediate People's Court of Xianyang, Shaanxi Province, in a case involving a construction contract dispute between Hunan Jinsha Road and Bridge Construction Co., Ltd. and the company [1][2]. - The plaintiff, Hunan Jinsha, requested a total payment of approximately 659.46 million yuan, including principal and interest, from the defendants, which include the company [2]. - The court partially supported the plaintiff's claims, ordering the defendant, Xingping Hongyuan Development Construction Co., Ltd., to pay approximately 441.68 million yuan plus interest to Hunan Jinsha [3][4]. Company’s Liability - The company is held jointly liable for the debt owed by Xingping Hongyuan Development Construction Co., Ltd. to Hunan Jinsha, indicating potential financial exposure for the company [4][5]. - The judgment also includes provisions for the transfer of construction materials and documentation related to the project from Hunan Jinsha to Xingping Hongyuan [5]. Financial Implications - The judgment specifies that if the defendants fail to fulfill their monetary obligations within the stipulated time, they will incur additional interest penalties [5]. - The total litigation costs and fees have been allocated among the parties involved, with the company bearing a portion of these costs [5]. Company’s Response - The company is actively working to mitigate litigation and execution risks and aims to communicate with relevant parties to reach a resolution [5].
乐山电力股份有限公司 关于参股公司涉及诉讼的公告
Zheng Quan Shi Bao· 2025-09-22 18:20
Group 1 - The lawsuit is currently in the acceptance stage by the court, with the company being a shareholder in the defendant company [2] - The amount involved in the case is approximately 194.13 million yuan as of September 10, 2025 [3] - The lawsuit is related to a construction contract dispute, with the plaintiff claiming significant unpaid amounts due to delays and other issues in the project [3][4] Group 2 - The plaintiff, Information Industry Electronics Eleventh Design Research Institute Technology Engineering Co., Ltd., is seeking a total of approximately 137.36 million yuan in unpaid project costs, along with additional claims for interest and legal fees [4] - The defendant, Jule Energy (Cangzhou) Co., Ltd., is preparing to respond to the lawsuit and will submit materials as required by the court [4] - The potential impact of this lawsuit on the company's current and future profits remains uncertain, and the company will monitor the situation closely [3][4]
南京中央商场(集团)股份有限公司关于控股子公司涉及诉讼及被申请财产保全事项的公告
Core Viewpoint - The company is involved in a lawsuit regarding a construction contract dispute, which has not yet gone to trial, and the impact on the company's profits remains uncertain [1][10]. Group 1: Lawsuit Details - The lawsuit was initiated by China 22nd Metallurgical Group Co., Ltd. against the company's subsidiary, Xuyi Yurun Central Shopping Plaza Co., Ltd., over a construction contract dispute [2][3]. - The lawsuit was filed in Nanjing, Jiangsu Province, with the claim amounting to 49.7572 million yuan [3]. - The original contract was signed on January 9, 2023, with a total contract price of 273.515 million yuan [2]. Group 2: Claims and Damages - The plaintiff claims that the defendant has only paid 5.2869 million yuan of the completed work valued at 33.5885 million yuan, leaving an outstanding payment of 28.3016 million yuan [4][9]. - The plaintiff also seeks compensation for various losses, including idle equipment costs of 296.43 million yuan, delay damages of 163.89 million yuan, and a total of 982.42 million yuan in penalties and losses due to contract termination [8][9]. - The expected profit loss is estimated at 479.85 million yuan based on average industry profit margins [8][9]. Group 3: Legal Proceedings - The lawsuit has not yet been heard in court, and the plaintiff has requested property preservation measures, resulting in a court order to seize assets valued at 49.7572 million yuan belonging to the defendant [10]. - The company will continue to fulfill its disclosure obligations as required by law and will keep investors informed about the developments of the case [10].
中通国脉通信股份有限公司关于重大诉讼进展的公告
Core Viewpoint - The company, Zhongtong Guomai Communication Co., Ltd., is currently involved in a significant lawsuit regarding a construction contract dispute, with the case now in the second instance of appeal [2][4]. Group 1: Lawsuit Overview - The company received a summons from the Jilin Province Tongyu County People's Court regarding a construction contract dispute with Zhongsheng Hongcheng (Group) Co., Ltd. [3] - The company has appealed against the first-instance judgment made by the Tongyu County People's Court, which ruled against it in the amount of 27,348,024.83 yuan plus interest [2][4]. - The second-instance case has been accepted by the Baicheng Intermediate People's Court, with the first hearing scheduled for August 21, 2025 [4][11]. Group 2: Legal Parties Involved - The appellant (original defendant) is Zhongtong Guomai Communication Co., Ltd., represented by its legal representative, Li Xuegang [5]. - The appellee (original plaintiff) is Zhongsheng Hongcheng (Group) Co., Ltd., represented by its legal representative, Gong Shufeng [6]. - The original defendant also includes China United Network Communications Co., Ltd. Jilin Province Branch [7][8]. Group 3: Appeal Details - The company requests the annulment of the first-instance judgment and seeks a retrial of the case [9]. - The appeal is based on several grounds, including procedural violations and errors in the original court's factual determinations [10]. - The company emphasizes that the original judgment improperly assigned financial responsibilities and failed to consider certain agreements related to cost-sharing [10]. Group 4: Financial Impact - As of the date of the announcement, the lawsuit has not yet been heard, and the final outcome remains uncertain regarding its impact on the company's current and future profits [12].