Bring a lawsuit to the people's court of Chengyang District, Qingdao, requesting the people's court of Chengyang District of Qingdao to decide to cancel the design and construction general contract and supplementary agreement signed with our company, pay 800,000 yuan for quality maintenance and 4 million yuan for liquidated damages, and bear the legal costs of this case. 20 14, 10 in June, the company received Qingdao Lisan's application for changing the lawsuit, and the quality maintenance fee was changed to

3510.3094180,000 yuan, and the penalty was changed to125,000 yuan.

Three. Judgment in Qingdao Lisan v. Qingdao Company

According to the civil judgment of Chengyang District People's Court of Qingdao, Shandong Province (20 13) Chengminchuzi No.339, the judgment is as follows:

1. The Design and Construction General Contract and Supplementary Agreement signed by Qingdao Lisan and our company were dissolved on 20 13 10.

2. Within ten days after the judgment comes into effect, the company will pay the cost of repairing the quality problems of Qingdao Lisan Project.

The cost is 32,694,348.76 yuan.

3. Within ten days after this judgment comes into effect, the Company shall pay the judicial appraisal fee of RMB to Qingdao Lisan.

1, 265,059 yuan.

4. The company bears the case acceptance fee of RMB 65,438+092,65,438+077.

Four. Measures taken by the company to deal with the above judgment results. The company believes that the verdict of Chengyang District People's Court in Qingdao is obviously unfair. One of the main bases of the judgment of Chengyang District People's Court in Qingdao is the appraisal opinion of quality restoration scheme issued by Architectural Design and Research Institute of Qingdao University of Technology. However, the Architectural Design and Research Institute of Qingdao University of Technology does not have the qualification of judicial appraisal issued by Shandong Province and Qingdao City, and its behavior has seriously violated the regulations on judicial appraisal in Shandong Province, which constitutes illegal appraisal. This evaluation report procedure is illegal. Appraisal opinions completely violate the basic principles of safety, applicability, economy and rationality that should be followed in engineering restoration, lose basic objectivity and impartiality, have poor operability, and even have the risk of secondary damage to the project.

The repair appraisal report adopts the scheme of dismantling and redoing almost all the projects under the condition that individual local quality problems can be completely repaired. For example, the plastic track of the stadium is only according to the stock code: 002 1 16. The stock abbreviation: China Haicheng AnnouncementNo.: 20 15-048.

If there is some water on the road surface, it is required to remove the plastic runway surface of the whole sports ground and replace it with a new one. Another example is that a few welding points of the stadium canopy steel structure do not meet the first-class welding standard. The restoration plan requires the overall removal of all steel structures, including the installed membrane structures, which is equivalent to the removal and reconstruction of all steel structures in the stands of the stadium. For example, there are several cracks in the concrete wall of the basement of the stadium, but the repair plan is to pour a 250-thick C45 reinforced concrete wall around the whole basement, including the ground, which is equivalent to rebuilding a basement, and so on. It is precisely because of the wrong principle of demolition and reconstruction that the repair cost reached by the appraisal opinion is as high as 32 million yuan.

One of the most authoritative appraisal institutions in China has also issued a report on the restoration plan of this project. The estimated total investment of the restoration scheme proposed in this report is about 654.38+770,000 yuan. Qingdao Chengyang District People's Court still adopted the Architectural Design and Research Institute of Qingdao University of Technology in the case of such obvious problems.

The appraisal report has the possibility of major misjudgment or misjudgment. The company is actively preparing for the appeal of this case.

Verb (abbreviation of verb) Other information related to the case.

On March 25th, 20 12, the company signed the Design and Construction General Contract with Qingdao Lisan, stipulating that the company shall undertake the overall comprehensive design and construction of Qingdao Lisan Stadium project (including the stadium, the main stand and basement, the stand membrane structure, landscape and supporting projects) located in Qingdao Bolier Machinery Equipment Co., Ltd., Chengyang District, Qingdao. The contract price is tentatively set at 5000 yuan. On August 28th, 20 12, both parties signed a supplementary agreement to supplement the original contract term and other contents. After the signing of the above contract and supplementary agreement, the company fulfilled the contract and actively organized the construction. However, Qingdao Lisan defaulted on the project progress payment during the performance of the contract, and even refused to perform the payment obligation after the company issued a lawyer's letter and a notice of termination. Therefore, the company filed a lawsuit with the Higher People's Court of Shandong Province, requesting the court to decide to terminate the design and construction general contract and supplementary agreement between the two parties, and demanding that Qingdao Lisan pay the overdue project funds and liquidated damages, and make corresponding compensation.

At present, the company has frozen all bank accounts of Qingdao Lisan through the Shandong Provincial High Court, sealed up the land with an area of 65,438+349 ㎡ in HouHaixi Community, Chengyang District, Qingdao, and frozen 69.7% equity of Qingdao Lisan Zhongdemei Water Equipment Co., Ltd. and 0/00% equity of Qingdao Bolier Machinery Equipment Co., Ltd. held by Qingdao Lisan. Shandong Provincial High Court has also started the project cost evaluation procedure.