Trillion Market Capitalization is not a Dream

Zhang Yunqing came out of Huabai's office, found Zhou Zhiyan and said, Zhiyan, I just asked Mr. Hua. The two conditions raised by lawyer Sun Gong, the first one cannot change the place where the contract is signed, and the second one adds restrictions. I need to communicate with her. I am not familiar with her, please take me to her to communicate these two issues.

Zhou Zhiyan replied, Yes, please come with me.

After Zhang Yunqing and Zhou Zhiyan arrived at the office of legal counsel Sun Xiaoxuan, Zhou Zhiyan introduced to Sun Xiaoxuan: Sun Gong, this is a new employee of the Commerce Department of our Fifth Division, Zhang Yunqing, he has something to communicate with you, because he is not familiar with it, so Let me bring him to find you.

Sun Xiaoxuan said, You two, please take a seat. Hello Zhang Gong. What are you talking to me about?

Zhang Yunqing replied: Zhiyan, I have sent you a construction contract signing and approval form signed with Ruizhi Group. You have raised two questions. The first question is about changing the place where the contract was signed. After the communication, everyone thinks that it is not necessary to mention it, because it goes against the rules in the engineering industry.

Sun Xiaoxuan replied: Ours is a construction contract. Later, I checked the relevant legal terms again. The best place for him to sign the contract is the location of the project. It's okay not to mention it.

Zhang Yunqing said: Thank you Sun Gong for your support. The second question is to add a restriction on the fine for delay in the construction period. Zhiyan said that what you suggested is that the total fine should not exceed 1% of the contract value.

Sun Xiaoxuan asked, Is there any problem with this?

Zhang Yunqing explained: This so-called upper limit of fines, because in this project, if the construction period is delayed, it will seriously damage the interests of the builder, so the construction unit will be very concerned about the problem that the construction period cannot be extended. The measure of fines. According to them, if our construction unit has done the work well, if the construction period is not delayed, there will be no fines at all.”

Sun Xiaoxuan replied: The problem of fines for delay in the construction period is that first of all, there is no equivalence of terms. We are fined 50,000 yuan for one day of delay, and if the conditions are equal, we can reward 50,000 yuan one day in advance. However, the delay in the construction period sometimes causes the two parties to disagree at all. It is clear who is responsible, so from this point of view, there must be a limit on the total amount of the fine in the contract.

Zhang Yunqing replied: I understand that there must be a necessary restriction on the total amount of fines, but it is indeed difficult to reach an agreement on 1% of the total contract amount. The reason for communicating with you is also to ask you what percentage of this clause is in general. .

Sun Xiaoxuan said: There is no fixed number for this ratio. The smaller the better, the better for us, but the less the construction party will agree. It is still recommended to communicate with the construction party at 1%, and then determine the percentage number according to the form.

Zhang Yunqing said: Then I will call Manager Cui of the construction party to communicate these two matters. I will be hands-free, and everyone will listen to what she has to say.

Sun Xiaoxuan said, Okay.

Zhang Yunqing called Cui Kai of Ruizhi Group and said, Manager Cui, is it convenient for you to speak now? Regarding the construction contract, there are two questions that need to be communicated with you.

Cui Kai's voice came from the receiver: Convenient. Zhang Gong, please speak.

Zhang Yunqing spoke to the phone: Manager Cui, during the review of our construction contract, colleagues in the Legal Department asked some questions. I am in the Legal Department now, and I used the speakerphone to speak to you.

Cui Kai said on the phone: Okay. What questions did your legal affairs ask?

Zhang Yunqing replied: The first question, I want to change the contract signing place to Kyoto, because we have the official seal in Kyoto, which is also in line with the facts.

what do you think?

Kai said on the phone: Our contract has been reviewed by many colleagues in the company's legal department. The idea of ​​changing the contract signing place is really not good. The reason you mentioned is not very valid. If If you have to say that, we can absolutely ask you to bring the official seal to our company, and then both parties will stamp the contract in person. What do you think?

Zhang Yunqing smiled and said: It's fine if you don't agree to change this, Manager Cui. Regarding the issue of fines for the construction period, delays will impose fines on our construction unit. If I do well and have good luck, should I complete the project ahead of schedule? Reciprocally reward 50,000 yuan a day.

Cui Kai laughed and said: I just said that you have to mention this equal condition. The company said when discussing the terms, I would rather give you a reward for the advance of the construction period, and do not allow the occurrence of delays in the construction period. Heavy fines. So the equivalent reward you mentioned is 50,000 yuan per day for every advance in the construction period.”

Zhang Yunqing said: Thanks to Manager Cui for your support. Another point is that there is no upper limit on the extension fine. In case there are some reasons for you, not ours, the delay in the construction period, or both parties have made mistakes. If there is a delay, or it is not clear who is responsible for the delay, there should be an upper limit on the total amount of fines. Our legal opinion is that the total amount of fines cannot exceed 1% of the contract amount.

Cui Kai said: The total fine does not exceed 1% of the contract amount, which means that there is no penalty at all. This is not approved by our company. Our company has also discussed this, and everyone's more pertinent opinion is, The fine for delay in construction period ≤ 10% of the contract amount. Those who raised 20% or 30% of the opinions, I have already helped you to deny him. You should also support it.

Zhang Yunqing said gratefully: Thank you Manager Cui for handling these issues fairly. I'll ask the leaders for instructions on this 10% issue, and I'll call you back.

Cui Kai continued to speak on the other end of the phone: Zhang Gong, according to the principle of equal conditions in the construction contract, there is one more condition to be added, the advance reward for the construction period ≤ 10% of the contract amount.

Zhang Yunqing replied: I understand, I understand, thank Manager Cui for reminding me.

Cui Kai urged: Then you should hurry up and discuss it, and call me back as soon as possible. Bye.

Zhang Yunqing asked the legal counsel's opinion: Sun Gong, you have listened to the opinion of the construction manager Cui, do you have any different opinions.

Sun Xiaoxuan thought for a while and replied, I think what he said is reasonable and reasonable, and I have no objection.

Zhang Yunqing took the opinions of Sun Xiaoxuan and Cui Kai to Hua Baibai to report it clearly.

It took a hundred years to ask Song Zhiyuan from the business department for instructions: Mr. Song, on the construction contract signed with Ruizhi Group, under the advice of legal counsel, a new agreement has been reached with the construction party:

1. Increase the construction period in advance and reward 50,000 yuan per day.

2. The penalty for delay in the deadline is less than or equal to 10% of the contract amount.

3. Advance reward for construction period ≤ 10% of the contract amount.

Song Zhiyuan said, Agreed. Hurry up on the contract.