Whether Payment for a Renovation and Decoration Project Is Entitled to Priority in Compensation
2018-08-25 1498
- Document Number:No. 14 [2004] of the Civil Division I of the Supreme People’s Court
- Area of Law: Contract
- Level of Authority: Documents of Judicial Interpretation Nature
- Date issued:12-08-2004
- Effective Date:12-08-2004
- Issuing Authority: Supreme People's Court
- Status: Effective
Letter of Reply of the Supreme People's Court
on Whether Payment for a Renovation and Decoration Project Is Entitled to
Priority in Compensation as Provided for in Article 286 of the Contract Law
(No. 14 [2004] of the Civil Division I of the Supreme People's Court)
The Higher People's Court of Fujian Province:
Your Request for Instructions on the Case of Fuzhou Kanghui Renovation
Engineering Co., Ltd. v. Fuzhou Tiansheng Real Estate Development Co., Ltd. and
Fuzhou Lvye Real Estate Agency Co., Ltd. regarding a Renovation Project
Contract Dispute (No. 143 [2004], HPC, Fujian) has been received. Upon
deliberation, the following reply is hereby made:
A renovation and decoration project constitutes a construction project, to
which the provisions of Article 286
of the Contract Law of the People's Republic
of China on priority in compensation may apply, unless the
contract-issuing party of the renovation and decoration project is not the
owner of the building or the contractor has no contractual relationship with
the owner of the building. The contractor entitled to priority shall enjoy
priority in compensation only to the extent that the value of the building increases
as a result of the renovation and decoration.
December 8, 2004