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Case Studies | Joint Construction Contract | The builder is actually delaying the handover of the house!
【Definition of a Joint Construction Contract and its Different Methods of Collaboration.】
A joint construction contract is a cooperative model for real estate development between a landowner and a builder, the landowner provides the land and the builder is responsible for investment and construction. This type of cooperation, depending on the specific method of joint construction, can be divided into the following types:
Joint Construction Methods | Simple Explanation |
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Subdivision Sale | The landowner and the builder each sell the land and the building separately. Buyers need to sign separate purchase contracts for the land with the landowner and for the house with the builder. |
House Division | After the completion of the building, the builder and the landowner distribute the houses according to the agreed ratio, with each party either selling or holding the houses allocated to them. |
Profit Sharing | The two parties agree on the proportion of profit distribution after the sale of the real estate, and distribute the profits according to the agreed ratio, without the need for prior transfer of ownership. |
Commissioned Construction | The landowner fully entrusts a construction company with the building process, paying for the related construction and management expenses. This method is less common and is usually applicable when the landowner lacks construction experience. |
Each joint construction method has its characteristics and applicable scenarios. When choosing a cooperation method, the landowner and the builder should consider their respective needs and expectations, and clearly agree on the rights and obligations of both parties in the joint construction contract. The legal nature of a joint construction contract is complex and may involve a mixture of contracts such as reciprocal contracts, sales, and contracting. Therefore, both parties should seek comprehensive legal advice before signing to ensure the legality and validity of the contract.
【Considerations at the Time of House Handover in a Joint Construction Contract】
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Handover Procedure: Ensure that both parties have a mutual understanding of the time, place, and method of handover, and proceed according to the agreed procedure. This may include checking the quality of the construction and confirming compliance with building standards.
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Assignment of Responsibility: During the handover process, if any issues are discovered, it's important to clearly define the builder's scope of responsibility and ensure that the terms related to assignment of responsibility in the joint construction contract are clear and specific.
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Rights Transfer and Registration: The transfer of rights involved in a joint construction contract, such as the transfer of ownership of land and buildings, should be carried out according to the agreed procedure. And ensure that the related rights transfers are properly handled in the registration process.
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Strategies for Dealing with Non-Delivery by the Builder: In a joint construction contract, if the builder fails to deliver on time or the delivered building does not meet the agreed standards, the landowner should have a prepared response strategy. This may include resorting to legal action, seeking compensation, or activating the termination clauses in the contract.
【Case Background】
【Court Decision: Victory for the Plaintiff】
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