2, the limitation of action for engineering claims
The limitation of action is the time limit for the obligee to request the people's court to protect his civil rights, counting from the day when the obligee knows or should know that his rights have been infringed. The general limitation of action is 2 years, but the limitation of action is 1 year in case of unqualified goods, personal injury, storage and rent. However, the limitation of action shall not exceed 20 years from the date when the right is actually infringed. Under special circumstances, the people's court may extend the limitation of action.
3. The difference between limitation of action and limitation of claim.
There is an essential difference between the limitation of claim and the limitation of action. The limitation of action is the time limit for the obligee to request the people's court to protect his civil rights. It is a statutory limitation and cannot be arbitrarily changed. The object of the lawsuit is the court. The limitation of claim is the time limit for the creditor to ask the debtor to perform his obligations, which is the agreed time limit and is aimed at the debtor. The limitation of claim is a predetermined period. What is lost beyond the limitation of the right of claim is the substantive right, and the debtor can claim the return after paying. If the limitation of action is exceeded, the right to win the case will be lost, and the substantive rights will not be lost. The debtor has no right to demand return.
In the performance of the project contract, both parties should attach importance to the contract and actively perform the contract. If it goes beyond the scope of claim, it will directly lead to the loss of substantive rights. If you lose your substantive rights, you can only face the consequences of losing the case, even if it does not exceed the limitation of action.
4. How to claim compensation after the project is stopped?
(1) Find out who is responsible for the shutdown. If the shutdown is caused by the Employer, the Contractor may claim compensation for the following seven losses:
① Idle expenses of machinery and equipment, including rent and loss;
(2) Salaries of managers and workers;
(3) Management fees for extra expenses due to shutdown, including accommodation, catering, etc.
(4) material storage fee;
(5) pay part of the cost of rising material prices during the shutdown period;
⑥ Interest on the project payment obtained;
⑦ Expenses incurred to prevent losses from expanding.