[Direct answer]In the Beijing area, it does not mean that the project is qualified, but the employer will be subject to restrictions. The relevant regulations stipulate that if the employer uses the construction project without completing the acceptance and inspection and then claims rights on the grounds that the quality of the used part does not meet the agreement, the people's court will not support it; but the contractor shall bear civil liability for the quality of the foundation and main structure within the reasonable service life of the construction project. In other words, unauthorized use will restrict the employer from claiming rights for general quality issues, but it will not exempt the contractor from responsibility for the core parts of the foundation and main structure, nor does it mean that the project is deemed qualified. The warranty obligation and settlement responsibility shall still be handled in accordance with the contract and legal provisions.

1. Problem background and typical scenarios

The project has not yet been completed and accepted. The employer needs to use the project prematurely due to operational requirements, and then refuses to pay the project fee or demands rework on the grounds of quality issues, which is a common dispute. The contractor counters: Since you used it without authorization, don't make a fuss about minor defects. In this situation, the rights and responsibilities of both parties need to be clarified according to specific rules.

II. Key points of contention

First, the determination of unauthorized use and what constitutes such use; second, the scope of the employer's restrictions and which quality issues cannot be claimed anymore; third, the reserved responsibilities of the contractor and how to define the responsibilities for the foundation and main structure; fourth, the impact of unauthorized use on the completion date and warranty period; fifth, the allocation of the burden of proof for quality disputes between the two parties.

III. Professional analysis by Henglue Lawyers

The first step is to determine whether it constitutes unauthorized use. Unauthorized use typically refers to the contractor putting the project into actual use without completing the final acceptance, such as opening a business, arranging production, or renting it out. Once the use begins, it becomes much more difficult for the contractor to assert rights over general quality issues. Therefore, the first step in resolving the dispute between the two parties is often to determine the facts and timing of the use.

The second layer is that the employer's restriction does not mean the contractor is exempt from liability. The quality of the foundation and main structure is related to the safety of the building, and the contractor should still bear corresponding responsibility within the reasonable service life. If there are structural safety hazards, the employer can still claim compensation. Distinguishing between general quality defects and problems with the foundation and main structure is the key to determining the scope of liability.

The third level is that unauthorized use will also affect the completion date and the start of the warranty period. If the project is used without going through the completion acceptance, the completion date is usually determined as the date of transfer of possession, which will affect the start point of the construction period penalty and the warranty period. Accordingly, the contractor can claim that there is no delay in the construction period, while the employer needs to pay attention to the legal consequences of their own actions.

On the fourth level, the evidence for quality disputes must correspond to the rules. For general quality issues, the employer may not be able to claim compensation if they use the goods without authorization; for foundation and main structure issues, evidence must be provided through quality appraisals and other means. When handling such disputes, Henglue Lawyers usually first establish the usage time and the nature of the quality issues, then determine the scope of claims based on the rules to avoid wasting resources on disputes with no chance of winning.

IV. Practical suggestions and legal basis

Firstly, the employer should try to avoid using the project before it is inspected. If it is necessary to use it in advance, the employer shall record it in writing and agree on the quality handling. Secondly, the contractor shall fix the evidence of transfer of possession and claim the completion date based on it. Thirdly, for quality issues involving the foundation and main structure, apply for quality appraisal in a timely manner. Fourthly, plan the quality disputes and the settlement of the project payment together to avoid mutual delays. Fifthly, when necessary, confirm the scope of responsibility and the amount of arrears through litigation. Main legal basis: Article 9 and Article 14 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The unauthorized use of three sentences does not equal acceptance of the project as qualified, but the employer's rights regarding general quality issues are limited; the responsibility for the foundation and main structure is not exempted due to unauthorized use; the date of transfer of possession is the completion date, and the construction period and warranty period will be adjusted accordingly. For matters involving real estate sales and construction projects, you can refer to the relevant provisions of the Contract Law of the People's Republic of China and other laws and regulations.Real estate transactions and construction projectsWe provide a comprehensive solution for services, which includes aspects related to contract performance.Business and contract disputes in enterprisesFor reference, you can check the section related to the enforcement of project paymentsCreditor's rights and debts, and enforcement casesFor columns, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is it considered a qualified project if it's used without being inspected and accepted first?

This does not mean that the project has passed the acceptance inspection. Unauthorized use may limit the employer's right to claim for general quality issues of the used part, but the project has not been deemed to have passed the acceptance inspection as a result; the contractor is still responsible for the quality of the foundation and main structure within a reasonable service life, and the warranty obligation shall be handled in accordance with the contract and the law.

Q2: How to provide evidence of unauthorized use?

The employer's actual use of the project can be proven by on-site photos and videos, production or business records, external leasing contracts, records of water, electricity and property use, and testimonies from employees and security personnel. The time point of use has a direct impact on the completion date and the start of the warranty period.

Q3: How much does a lawyer's fee cost for engineering quality disputes?

The fees are subject to market regulation and are usually negotiated based on the subject matter and workload. Fees for quality or cost appraisals are charged separately. It is recommended to clarify the scope of services and the fee calculation method before signing the contract, and to require a separate breakdown of the lawyer's fees and the fees paid on behalf of the client, in order to avoid disputes arising during the process.

Q4: How long does it take to handle cases like this?

In the first instance, the simple procedure generally takes three months and the ordinary procedure generally takes six months. In the second instance, it generally takes three months. The period involved in quality appraisal will be significantly extended. It is recommended to start the appraisal as soon as possible and plan the quality disputes together with the settlement of the project payment.

Q5: Can you still refuse to pay the project fee after unauthorized use?

Generally, it is not allowed to refuse payment on the grounds of ordinary quality problems with the parts used. The project payment shall be settled in accordance with the contract and the law. If there are indeed quality problems, they can be dealt with through warranty or claims for repair costs, etc. For problems with the foundation and main structure, the contractor can claim corresponding responsibilities based on the appraisal results.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.